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HomeMy WebLinkAboutBRU 91 012 agree bru trop sd TIlE CORPORATIOR OF TIlE TO_SHIP OF BRUCE BY-J.A.V BO. 91-12 ~~. . . BEING A BY-LAW to authorize the Township of Bruce to enter into a subdivision agreement with Bruce Tropical Produce Inc. WHEREAS Bruce Tropical Produce enter a subdivision agreement Bruce Township. Inc. has requested the Township to for Lots A and B, Concession 3, AND WHEREAS the parties have agreed on the terms of the subdivision agreement. NOW THEREFORE be it enacted by the Council of the Township of Bruce as follows: 1. The Corporation of the Township of Bruce enter into a subdivision agreement with Bruce Tropical Produce Inc. in the form attached as a schedule to this by-law. 2. That the Reeve authorized to Township and to and Clerk of the Township are execute the agreement on behalf affix the corporate seal as required. hereby of the By-law introduced and read a First time this FOURTEENTH day of HAY, 1991. By-law read a Second time this FOURTEENTH day of MAY, 1991. By-law read a Third time and finally passed, signed, sealed, and numbered 91-12 this FOURTEENTH day of MAY, 1991. . REEVE ;:-~- - s!!:AL - ----- '- ~.- - ~ PARAGRAPH 1. 2. 3. 4. 5. 6. 7. \ 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 2a. 29. 30. 31- 32. 33. 34. 35. 36. 37. 3a. 39. 40. 41. 42. 43. 44. 45. 46. 47. 4a. 49. 50. 51. 52. 53. _0. r~~~ ?ABLB OP CONTENTS PAGE - ORDER OP PROCEDURE.............................. J REGlSTRATI0~.................................... 2 LAND FOR MUNICIPAL PURPOSBS..................... 2 EASEMENTS. "'. '" '" "'. '" "'. "'... '" "'. '" "'. '" '" "'... "'. "'.. "'. "'. '" "'. '" 2 MUNICIPALI'lY'S LBGAL, PLANNING AND ENGINEERING COSTS... "'... "'... '" "'... "'.. "'. "'. '" "'. '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" 3 DEVELOPBR'S BNGINEER............................ 3 APPROVAL OF PLANS............................... 4 APPkOVBD PLANS.................................. 4 PBRFORMANCE SECURITy.,............................ 4 INDEMNIFICATION OF MUNICIPALITy................. 4 INSURANCB........................................... 4 UTILITY COS~S ANÐ CHARGBS......,..........,....... 5 ELBCTRICI'I'Y, STEAM, WATER, SEWERAGB AND TELBPHOHB CJ.BARAWCB............................. 5 SCHEDULING OP WORKS............................. 5 CONSTRUCTION OP WORKS........................... 5 KOTICH OP COMMEHCBMENT.......................... 6 PROGRBSS OP WOUS.........,...................... 7 GRADB S7AkBS AND SURVEY BARS.................... 7 SURPACB DRAINAGB................................. 7 SUPERVISION BY DBVELOPER'S ENGINBBR............. 7 INSPECTION BY TEE MUNICIPALITY'S ENGINEER....... a ACCBSS ROADS..............,....................... 8 DUST CONTROL.................................... 8 DAMAGE TO BXIS~IHG PLANT........................ 8 CONSTRUCTI~N REPOSB............................. 8 SIGHS........................................... B CONSTRUCTION LIBR ACT'...........................,.. 8 INSPBCTION AND ACCEPTANCE OF WORKS.............. 9 MAINTBNAHCB OP WORKS.............................. 9 STATUTORY DBCLARATION OF ACCOUNTS PAID.......... 9 USB OF WORKS BY MUNICIPALITY.................... 9 1fIN'!'BR ROAD MAIHENANCB.......................... 9 EMBRGBNCY RBPAIRS............................... 10 LOT LEVIBS. DRAINAGE AND LOCAL IMPROVEMENT CllAltGKS......................................... 10 -AS COHSTRDCTBD- DRAWINGS....................... 10 DISCHARGB OF SECURITIES......................... 10 REQUIRBMBNTS POR BUILDING PBRMITS............... 11 REQUIREMENTS FOR OCCUPANCY AND USB.............. 11 LOTS UNSUITABLE FOR BUILDING.................... 11 PINAL ACCBPTANCE OF WORKS....................... 12 AUTHORITY OF PROVINCE OP ONTARIO................ 12 LEGAL NOTICE TO DEVELOPBR....................... 12 VOIDING AGRBBMBMT............................... 12 DRAP'l' PLAIt APPROVAL............................. 12 ADJ'Ac:BIr1' ROADS.................................. 13 STORMWA'1'BR MANACBMBHT AND DRAINAGE REPORT....... 13 SI~ PLANS POR SPBCIPIC LOTS.................... 13 STREAM AND PILL CONTROL........................... 13 OFPICIAL PLAN AND ZONING CONFORMITy............. 14 AGRBBMBNTS WITH ORrARIO HYDRO AND MUNICIPALITY.. 14 DISCHARGE OP MO.TGAGES.......................... 14 II01'IPICATIOH OP 08LIQAIJ'IOHS..................... 14 WAS~ MANAGBMBNT PLAN........................... 15 " - " - ..,.. y ..;t"o' f". ,1991. THIS AGRBEMENT made in quadruplicate on the day of BET WEE N. BRUCE TROPICAL PRODUCE INC., a cOlllpany incorporated under the la~s of the Province of Ontario and having its head office in the Township of Bruce, in the County of Bruce, Hereinafter csl1ed the "Developer" \ OF THE PIRST PART, - and - THE CORPORATION OF THE TOWNSHIP OP BRUCE, Hereinafter called the "Municipality" OF THE SECOND PART, WHEREAS the Developer is the owner of the land described in Schedule "A" to this agreement and proposes to subdivide it for the purpose of selling, conveying or leasing it in lots, by reference to a registered plan of subdivision. AND WHEREAS an application has been made to tbe Minister of Municipal Affairs, hereinafter called the Minister, for approval of a plan of subdivision, hereinafter called the plan, which is identified as being Ministry of Municipal Affairs File Nuaber 41T-89011 and the Minister has imposed upon the applicant (now the developer) conditions to the final approval of the plan of subdivision attached as SChedule "B" to this agreement. AND WHEREAS the conditions of approval include a requirement that the developer enter into an agre...nt with the municipality whereby the developer agrees to construct and install certain ~orks and any other requirements as hereinafter provided and herein referred to as tbe "Works" and to aake financial arrangementa with the municipality to aasure the inatallation and construction of works required to obtain final approval of the plan by the Minister. AND WHEREAS the developar is required to dedicate for public purposes portions of the lands or make a cash payment to the Municipality in lieu of dedicating such land. NOW TBBRBPORB THIS AGRBBMENT WITNESSBrB tbat in consideration of other good and valuable consideration and the sum of Ten ($10.00) Dollars of lawful .oney of Canada, now paid by each of tbe parties hereto to each of the other parties hereto, the receipt wbereof is bereby acknowledged, the parties hereto hereby covenant, promise and agree with each other as herein provided. 1. ORDER OF PROCEDURE A. Prior to the Municipality signing thia agreement, the developer shall. la) depoeit with the municipality insurance as outlined in this agre_nt. (b) pay in full, outstanding taxes and drainage and local improvement charges. B. Prior to constructing any of the Worka and/or the iasuance of building permits, the developar shall. ? ". ~ ~'... ~ 1,' .e .! _ ~r2 (a) have obtained find approval of the plan from Hinister and have obtained registration of the plan conveyed the road widening blocks and the 0.3 meter (1 foot) to the municipality. the and have reSer'\18S (b) have deposited with the municipality the performance security as required by this a9reement. (c) have deposited with the municipality proof of the registration of discharges of mortgages or postponement agreements as required by paragraph 51 of this agreement. (d) have suÞ.itted and obtained the municipality's £hgineer's approval of the fOllowing. the drainage plan; the lot grading plan; the service layout plan for street lighting; the road, profiles and details, the it..ized estimate of the cost of construction of each part of the works; (vi) the 88s..ents to be granted to the municipality; (vii) a list of lots which require special attention prior to being built upon; (vii) the acceptance and approvals of Saugeen Valley Conservation Authority, the Ministry of Natural Resources and the Ministry of the Environment required pursuant to Sections 46 and 47 of this agreement. (viii) written confirmation from Ontario Hydro regarding adequate sewage treatment capacity as required by the Minister's condition number 15. lix) written confiruUon from the Saugeen Valley Conservation Authority regarding approval of the lot grading plan. Ii) (U) (Uil (iv) (vi c. Prior to the conveyance of a lot or lots, the developer shall: (a) have obtained from the municipality'. Bngineer s certificate of substantisl coapletion and acceptsnce for the particular stage of the developeent. In no case shsl1 the sale of sny lot occur until adequate road access has been constructed up to Granular "B" grade. (b) have obtained certification from the municipalitiy's Engineer indicating that the grading of each particular lot is in compliance with grading and drainsge works specified in the lot grading and drainage plans approved by the municipality's Engineer. 2. REGISTRATION Th. dev.loper agre.s to register the epprov.d final plan at the appropriate Land Registry Office within 90 days following approval of the final plan by the Minister. The developer consents to the municipality'. registration of this subdivision agr....nt upon the title to each of the lots within the plan. 3. LAIIID POR IIUIIICIPAL PURPOSBS The developer agrees to grant, in fee si.ple, unto the municipality land. for municipal purpos.s, including street allowances, which shall be mutually agreed upon by the developer and the municipality. The deeds for the said land are to be approved by the Municipality'. solicitor and deposited with tbe Clerk of the municipality, within 90 days of the final registration of the plan of subdivision. Notwithstanding the generality of the foregoing, the developer shall convey to the øunicipality tbe lands referred to on Schedule "C· attached hereto. 4. EASEMEN'1'S easements supply of The developer agrees to grant at his expense all such and rights-of-way as may be required for the installation and services to the sUbdivision. Prior to commenci no r('\nn........-. .' '. \, ..- J'- ... ~ .! , - 3 - of the works, all known easements shall be filed with the municipality in a form approved by the municipality's solicitor and/or any utility supplying any service to the subdivision. If, at any time, and from ti~e to time during the development of the subdivision, the municipality's Engineer is of the opinion that additional easements are necessary to provide or adequately protect any of the public and/or private utility services required by the plan, the developer shall provide such additional easements at the request of the Municipality. If, at any time, and from time to time during development of the sUbdi\rision. he developer, the developer's Engineer or public or private utilit, ,equire the Use of any easement or road for the installation 01 ,cvices to the subdivision, the municipality shall consent to suet. .e. Such USe shall be subject to approval by the municipality and õha11 not be unreasonably withheld. 5. MUNICIPALI'J'Y 's LEGAL, PLANNING AND B1IGINEERIIIG COSTS The developer shall pay $5,000.00 to the municipality upon eXecution of this agreement as a contribution to the municipality's legal and engineering expenses and a further contribution of $10,000.00 within 30 days following the registration of the final plan to COVer any further legal and engineering expenses of the municipality. 6. DEVELOPER'S ENGINEER The developer shall, at all times prior to the conetruction of any of the works herein provided for, retain a professional Engineer who shall comply with "Performance Standsrds for municipal engineering to the urban development industry", as adopted by the Associstion of Professions1 Engineers for the Province of Ontario. Such Engineer, and each successor thereto, shall provide to the municipality a written undertaking that he has been retained by the developer to supervise construction of the works and services herein provided for and a written acknowledgeøent that he is aware of all of the provisions of this agreement. Without limiting the services to be performed, the developer's Engineer shall do the following. A. B. C. D. prepare designs for the works and services, prepare and furnish all required drawings, prepare the necessary contract(s), obtain the necesssry approvals in conjunction with the aunicipality and the Ministry of the Environment, provide the field layout, the contract administration and the supervision of construction I øaintain all records of construction and, upon coepletion, advise the municipality's Engineer of all construction changes and prepare final "as constructed" drawings, provide co-ordination and scheduling to coaply with the timing provisions of this agree.ent and the requirements of the .unicipality's Engineer for all works specified in this agre_ent, furnish the municipality with a certificate with respect to each lot or building block for which a Building Permit Application is ..de certifying that the proposed construction is in conforaity with the overall grading plan, prepare and provide the municipality, for each lot or block within the plan, a certificate of Final Grade Blevation indicating that the property bas been developed in confo~ity with the overall grading plan. E. P. G. B. I. NO'I'E, In case of lots built on at a later date, the municipality reserves tbe right to request a siailar certificate as required under (h) and (i), but it asy be provideð by a professional Engineer other than the developer's Engineer or an a.L.S.. If the .unicipality has their Engineer prepare the certificate, the cost of the work will be added to the cost of the BUilding Per.it. '. ", ~ -X .. , . - 4 - 7. APPROVAL OF PLANS The developer and the developer's Engineer shall have the plans, specifications and contract documents for the works approved by the municipality's Engineer. 8. APPROVED PLANS All plans and specifications approved by the Municipality's Engineer shall be deemed to be part of this agreement as of the date of such approval. 9. ~ERFORMANCE SECURITY Prior to the coømencement of construction of the works, or any portion thereof, the developer will deposit with the Treasurer of the municipality to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder the following securities. Cal Cash in the amount of 100' of the estimated cost of the siad work as approved by the municipality. or Cbl An irrevocable letter of credit froø a chartered bank, issued in accordance with the requireøents of the Township solicitor, in the amount of 90' of the estimated cost of the said works as set out in Schedule "D" and as approved by the municipality. The letter of credit shall be for a min~ guaranteed period of 1 year or such longer time as the municipality decides and shall be renewed as necessary 3 months prior to expiration. Unless the letter of credit is renewed as noted above, the municipality shall have the absolute right to refuse to issue building permits and to prohibit occupancy of buildings, whether partially or fully completed, from the said date 3 months prior to the expiration of the letter of credit. In addition to the above noted letter of credit, which is intended to guarantee the coapletion of the works, the Developer shall provide a further letter of credit in the amount of 10' of the estimated cost of the said work. This letter of credit for 10' is intended to guarantee the completion and maintenance of the works and shall be issued at the same time as the 90' letter of credit and shall be for a guaranteed period of 1 year or such longer ti.- as the municipality decides and shall be renewed as necessary 3 months prior to expiration. 10. INDEMNIPICATION OF MUNICIPALITY until the municipality has issued the Certificate of Maintenance and Final Acceptance for the works, the developer, on behalf of itaelf, its successors, and assigns, shall indemnify the municipality against all actions, suits, causes of actions, claims and demands, whatsoever which ..y arise either directly or indirectly by reason of the developer undertaking the development of the lands includeð in the plan. 11. IJlSIJRAllCE The developer shall insure against all damages or claims for damage with an insurance company satisfactory to the municipality. Such policy or policies shall be i.sued in the joint n...s of the developer and the municipality, and the form and content shall be subject to the approval of the .unicipality. A copy of the policy shall reøain in the custody of the aunicipa1ity during the life of this agreement. The minimum li.it. of such policy shall be $1,000,000.00 all inclusive. The policy shall be in effect for the period of this agreement, including the period of guaranteed maintenance. 7he is.uance of such a PQlicy of insurance shall not be cODstrued as relieving the developer from responsibility for other or larger claims, if any, for which it may be held responsible. " >. \-,.-' , .- - 5 - 12. UTILITY COSTS AND CHARGES The developer shall deal directly with Ontario Hydro and all other utility commissions and companies. The developer or the developer's Engineer, shall obtain all approvals and pe;mits and pay all fees and charges directly to the utility. 13. ELECTRICITY, S'rBAM, WATER, SEWEIIAGB AND TELEPHONB CLEARANCE Prior to the issuance of any building permit, the developer shall provide the municipality with. A. A ~igned agreement between the developer and Ontario Hydro, confirming to the satisfaction of the municipality that Ontario Hydro has agreed to install and supply electrical, steam, water and sewerage services to the land. B. Certificate of approval from the Miniatry of the Environ.ent and the Bruce County Health Unit (if applicable) approving the design of all water and sewage services to the land, including storm water disposal systems. c. Written confir.ation from the Bruce Municipal Telephone Company that telephone service is available to the said land. D. Written undertaking by Ontario Bydro to the municipality in a form acceptable to the municipality, acknowledging the obligation of Hydro to maintain the steam, water and sewerage systems in perpetuity. E. That the developer will negotiate any revisions or relocations of the Ontario Bydro pole line on the 2nd Concession Road, which are required due to the proposed subdivision, with Ontario Bydro and at no expense to the municipality. F. Final approval by the Engineer for the municipality of all plans for all services to be installed to the said lands by the developer or Ontario Hydro. The municipality shall bave the right to require changes to any plans for the provision of services as aay be reasonably requested by the engineer for the municipality. G. Confirwetion by the Engineer for tbe municipality that all service. to be installed by Ontario Bydro and the developer are co.pleted and in satisfactory working order. 14. SCHEDULING OP WORKS Prior to tbe start of construction of the works, the developer shall supply the municipality's engineer witb a Schedule of Works setting out tbe order in wbich it considers the various sections of the works witbin tbe plan will be built. 15. COIIS'1'JtUC'l'IO\ll OP WORJtS ~llowing tbe registration of the plan, the developer shall cause to be constructed all required works and to provide access and drainage to lots and building blocks within the plan. (A) Roadwavs (a) the developer shall construct all roads within the peri..ter boundaries of the plan in accordance with the plans and specifications approved by the municipality'. engineer. (b) the developer agrees to name all roads with name8 approved by the Township. 2. t ~ - 6 - (cl the developer agrees to maintain all roads constructed by the developer for a period of I year from the date of completion thereof and acceptance by the municipality. (8) Water (a) The Developer shall provide, at no expense to the municipality, a supply of water approved by the Ministry of the Environment adequate for the needs of each industry locating on the lots shown on the plan and not request the municipality to assume any cost or responsibility for the supply of water to the lands within the plan. The municipality ,hall grant the developer, or any private or public utility, the right without charge to the reasonable use of any easements or street allowances required for the installation of a central water supply and distrit~tion system, should it become necessary or desirable to service the subdivision with a central water supply and subject to agreement between the Developer and the municipality as to maintenance and repairs to thelands and premises used for such purposes. (bl The developer or any subsequent owner of any land on the proposed plan of subdivision agrees to notify the Ministry of the Environment if it is their intention to draw water from an individual water supply at a rate greater than 50,000 litres per day. In such a case, a qualified hydrogeological consultant must be hired by the owner to exa.ine the extent of the cone of influence. This would involve a pump test and any necessary laboratory analysis to assess interference to other wells in the area and any potential fOr drawing contaminated water from the Bruce Nuclear Power Development Landfill. This analysis must accompany the owner's application for a permit to take water and the owner's application for a certificate of approval under section 23 of the Ontario Water Resources Act. c. sanitary Seweraqe (al The Developer shall provide, at no expense to the municipality, a self-contained sanitary sewerage treatment facility, approved by the Ministry of the Environment, adequate for the needs of each industry locating in the subdivision and shall not request the municipality to assume any costs or responsibility for the treat..nt or collection of sanitary sewerage. The municipality shall grant the Developer or any private or public utility, the right, without charge, to reasonable use of any easeaents or street allowances requirsd for the installation of a central sanitary sewerage collection system, should it become necessary or desirable to service the subdivision with s central sanitary sewerage system and subject to agreement between the Developer and the municipality as to ..intenance and repairs to the lands and premises to be used for such purposes. (b) The developer shall provide to the Ministry of the Envirou.ent, confirmation from ontario Bydro as owner of the Bruce Energy Center Sewage Treatment Works, that there is adequate unc~ited reserved sewage treateøent capacity at the Bruce Energy Centre Sewage Treatment WOrks to acc~ate any deve10paent which might result from this plan of subdivision. This confiraaUon is to be in wriUng and forwarded to the Ministry of the Envirou.8nt's Southwestern Regional Office, Approvals and planning Section in London with a copy to the municipality. 16. NO'1'ICB OF COIOIBNCBIØIII'1' The developer shall not c~nce the construction of any of the works until the plans, specifications and designs bave been approved by the municipality's Engineer and all certificates bave been furnisbed to the municipality and the developer bas provided 48 bours written notice to the municipality's Engineer of his intent to coamence work. ", '1.. ~ , ,. - 7 - It is the intent of this agreement that the works be installed expeditiously and continuously. Should, for any reason, there be a prolonged cessation or interruption of construction, the developer shall provide 24 hours written notification to the municipality's engineer before work is resu_d. 17. PROGRESS OF WORKS The developer shall install all works in accordance with the schedule of works or as direct < . by the municipal! ty' s engineer. If it fails to do so, or having con"" .·.,ed to install the aforesaid work., fails or neglects to proceed with r-.".;onable speed, or in the event that the aforesaid. worts are not being installed in the _nner required by the municipality, then upon the municipality'a engineer giving 7 days written notice by prepaid registered mail to the developer, the municipality may without further notice enter upon the said lands and proceed to supply all materials and to do all the necessary works in cOnnection with the installation of the said works, including the repair or reconstruction of faulty worts and the replac...nt of aaterials not in accordance with the specifications, and to charge the cost thereof together with the cost of engineering to the developer, who shall forthwith pay the saae upon demand. In the event that the municipality's engineer must enter upon the said lands and have works completed or repaired due to situations as outlines above, any or all original my1ars, linens and specifications prepared by the developer's engineer must, without charge, be turned over to the municipality's engineer for his use, should he require same. It is understood and agreed between the parties hereto that such entry upon the lands shall be as agent for the developer and shall not be deemed for any purpose whatsoever as an acoeptanoe Or assumption of the said works by the aunicipa1ity. The munioipality, in addition to all other remedies it may have, may refuse to issue building peraits until such works are installed in accordanoe with the require..nts of the municipality's engineer and in accordance with this agreement. It is agreed that a oopy of this clause shall be delivered by the developer to each and every person requiring a building permit for any lot or part of a lot within the plan. la. GRADE S'J'AKES AND SURVEY BARS The developer shall provide and aaintain, throughout the cOnstruction of the works, finished grade or elevation stakes and all survey bars defining the boundaries of each and every lot for the use of all corporations, companies and utilities installing services in the subdivision. All areas in which services are to be installed, be it any easement or street allowance, shall be kept clear of all conflicting obstacles and shall, where in keeping with good construction practice, be rough gradsd to their finished elevationa. 19. SURFACE DRAI1IAGB The developer shall ensure that constant surface and under drainage is aaintained during the oourse of the construction of the works. the works shall be constructed in suoh a manner that the natural surface drainage of adjacent lands which existed prior to the COmÐeDcement of construction of any of the works shall not be disturbed. The existing stor. water drainage aust be maintained and, if da..ged, must be repaired i..-diately. All lots and blocks within the plan and all lands abutting tbe plan sbell be greded to drain in accordance with the overall grading plan as approveð by the wnicipality'. engineer. 20. SUPERVISION BY DBVBLOPBa'S B1IGINEBR The works required to be construoted as part of this agreeøent will be installed throughout under the supervision of the developer's engineer, who will have an inspector in attendance during such " :a. . . .- - 8 - construction. Upon completion of the installation of b d t ese works, the eve10per's engineer shall certify to the municipality's engineer, under his professional seal, that the works have been installed in accordance with the plans and specifications previously approved. 21. INSPECTION BY TBB MUNICIPALITY'S ENGINEER The municipality's engineer may, free time to time during construction, so often as the municipality shall deem necessary inspect the works. the municipality's engineer shall have the right at' any time to place on the jOb a Municipal Inspector temporarily or permanently to ensure the ~ue perforMance of the work according to this a9reement. 22. ACCESS ROADS All access roads !lUst be msintained by the de"Q'eloper in good repair acceptable to the municipality's Road Superintendent and the municipality's engineer during the ti.e of construction, and no roadway outside the li.its of the proposed subdivision .ay be closed without the prior written consent of the aunicipality's Road Superintendent. Por the purpose of obtaining such consent, the developer shall advise the municipality'. Road Superintendent of the date and time he wishea to close the roadway at least 24 hours prior to the expected time of closure. 23. DUST COJI'J'ROL At all times prior to the acceptance of the completed roads, the developer shall apply calcium or water to the roads in quant1~ies sufficient to prevent a dust problem. 24. DAMAGB '1'0 J!XISTING PLANT The developer shall repair any da..g8s caused to any eXisting road or existing structure or plant located on the adjacent street allowance as a result of the subdivision development and shall pay for any coats involved in the relocstion of existing services, such as hydrants, telephone poles etc., which may become necessary because of the development of the subdivision. 25. CONSTRUCTION REPUSB All construction refuse, debris and other material determined to be waste, from the subdivision must be disposed of in an orderly and sanitary fashion in an appropriately certified waste disposal site provided by the de"Q'eloper. !be municipality is not responsible for the removal or disposal of refuse and debris. 'l'he developer agrees to deliver a copy of this clause to each and every person requiring a building permit for any lot or part lot on the said plan of subdivision. 26. SIGNS Signs, at least 2 feet by 3 feet, shall be provided and erected by the developer at each entrance to the subdivision, and the signs shall read as follows. -Road Not Assu.ed by MUnicipality - Use st Your own Risk- These signs shall be installed prior to the c~nc..ent of construction and be r.-oved after the issuance of the Certificate of maintenance and Pinal Acceptance. 27. CONSTRUCTION LIn ACT 'l'he developer agrees that it will hold beck in ita paYlllents to any contractor who ..y construct the works .ueb suas aa are provided in The Construction Lien Act and will otherwise ind-.nify tbe municipality against any c1ai.s, actions or demands for Construction Liens or otherwise in connection with the works and all costs in connection therewith and, on the request of the municipality, will forthwith take such steps to i..ediately discharge all liens upon the works. 7·'''''"" '. ..., . '.~ , . - 9 - 28. INSPECTION AND ACCBP'l'ANCB OF WORJ\:S When all the works in the subdivision or in an approved stage of the subdivision have been coapleted, the municipality's Road Superintendent and Engineer shall make an inspection and shall arrange for the Ministry of Transportation and Co.-unications to make their inspection. When the municipality's Road Superintendent and Engineer are satisfied that the work is substantially complete and have received notification from the Ministry of Transportation and Communications that they will accept tbe road system for subsidy purposes, the municipality's engineer sba1l issue a certificate of substantial co.pletion and Acceptance. The certificate may contain a list of minor deficiencies which bav_ to be corrected by the developer but which are not considered of sufficient importance to delay the issuance of tbe certificate and the acceptance of the works by the municipality. 29. MJ\III'l'ENANCB OF WORkS The developer will be responsible for tbe repair and maintenance of all the subdivision works for a period of 1 year from the date of the certificate of Substantial co.pletion and Acceptance. This shall be called the Maintenance Period. If, during tbis period, the developer fails to carry out maintenance work within 24 hours after receipt of a request frQm the municipality, then the municipality may, without further notice, including engineering fees, shall be borne by the developer. Towards the end of tbe maintenance period, the developer shall make a written request to tbe municipality for a tina1 inspection to be made, and notwithstanding the 1 year period noted above, the maintenance period will continue for the original 1 year or for 30 àay. after the receipt of the àeveloper's written request for a final inspection, whichever period of time is the greater. 30. S'J'ATU'l'ORY DECLARATION OP ACCOUNTS PAID 'lbe developer agrees that upon applying for a ài.charge of securities or for a Certificate of Substantial C~pletion and Acceptance, it shall supply the øunicipality with a statutory declaration that all accounts for work and materials for said works bave been paià, except normal quarantee hOldbacks, and tbat there are no claims for liens or otherwise in connection with such work àone or material supplied for or on behalf of the developer in connection with the subdivision, and will generally coaply with the provisions of The Construction Lien Act, 1983. 31. USK OP WORKS BY MUNICIPALITY The developer agrees that, A. 'lbe worka aay be used, prior to acceptance, by the municipality or other authorized persons for the purpose for which such works are designed. B. Such use shall not be dee_d an acceptance of the works by the municipality. c. Sucb use shall not in any way relieve the àeveloper of his obligstions in respect of the works so used. 32. IfDl'.l'ER ROAD MAINTENANCB Prior to the iaauance of the Certificate of Maintenance end Pinal Acceptance, the developer shall be responsible for all winter roed _lntenance within the subdiviaion. In the event that a proper vehicular access or snow removal is not provided by the developer, the municipality through its employees, contractors or agents aay provide access and remove snow without notice to the developer. Such reaoval of anow shall be only carried out at times deemed to be an e.ergency by the municipality's Road Superintendent. All costa of such works sball be paid by the developer within 30 daye of the date of billing. The '. -'" < .~ .,.. > . - 10 - developer further agrees that any work done by the .unicipality pursuant to this agreement before the roads are accepted by the municipality shall not be deemed in any way to be an acceptance by the municipality of the roads in the said subdivision upon which such work is done. the developer acknowledges that the municipality, while providing access by removing snow, may damage or interfere with the works of the developer and cause damage to such works, and the developer hereby waives all claims against the .unicipa1ity that it might have arising therefrom and covenants that it will make no claim against the municipality for such interference or damage, providing the work is carried out in a normal and reasonable manner. Representation may be made requesting that the municipality consider entering into a separate agreement with the developer, to undertake the winter road maintenance within the subdivision. 33. EMBRGBIICY REPAIRS Rapleyees or agents of the municipality may enter onto the lands at any time or from time to time for the purpose of making emergency repairs to any of the works. Such entry and repairing shall not be deemed an acceptance of any of the works by the municipality or an assumption by the municipality of any liability in connection therewith or a release of the developer from any of its obligations under the agree_nt. 34. LOT LEVIES. DRAINAGE AND LOCAL IMPROVEMENT CHARGES A. The developar, as a capital contribution towards the municipal betterment, will pay, in addition to all other monies required to be paid by the developer, the sum of $5,000.00 par lot according to the final approved plan. the developer shan be obligated to make such payments at the time the .unicipality grants a building permit for a specific lot, and no such permit shall be issued until the agreed levy has been paid to the municipality. B. The developer agrees to pay all arrears of taxes outstanding against the property herein described before the final approval of the said plan. is obtained. The developer further undertakes and agrees to pay all taxes levied on the said lands on the basis and in accordance with assessment and Ço11ector's roll entries until auch time as the lands herein being subdivided have been assessed and entered on the Collector's roll according to the registered plan. 35. "AS CONSftUC'1'ED" DRAWINGS Within 3 months of the issuance of the Certificate of SUbstantial Coapletion and Acceptance, the developar will provide the municipality with a complete set of reproducible transparent drawings of the works "as constructed" pursuant to this agreement. 36. DISCHARGB OP SECURI~IES After the completion of the works in the subdivision or in an approved stage of the subdivision, the Developer shall, have the privilege on application to the municipality with a statutory declaration of accounts paid and upon the certificate of the municipality's engineer, of obtaining discharges on the cash or letter of credit in amounts of not less than 101 of the cost of the work itemised in Schedule· " After the completion of the work, the municipality shall retain, at s11 times, sufficient security in the form of cash or letter of credit, to finance the completion of the works itemised in Schedule· ., with an additional 101 of the cost of the works, as itemised in Schedule" ", being retained by the municipality until the expiry of the ..intenance period to guarantee the ..intenance of the work during the period. .~ . . - 11 - 37. REOUIRBMBNTS FOR BUILDING PERMITS The approval of the plan by the municipality or the acceptance by the municipality of the works shall not b. de~ed to give any assurance that building permits, wh.n applied for, will be issued in respect to the lots or blocks shown on the plan. Notwithstanding the foregoing, no building permits will be r.quest.d or given until. B. all approvals have be.n obtained and su~itt.d to the øunicipaJity fram any and all rel.vant governaenta1 ag.ncies, a "Bui1d.r,··' road consisting of the grading, ditch shaping (if ,app1icablci and full depth of Granular "s" sub-base has be.n constructed, A. c. approval of the .unicipa1ity's engin..r has be.n obtain.d for the construction of any buildings to be erect.d on lots or blocks not suitabl. for building p.rmits without first complying with grading and drainage works specifi.d in the lot grading and drainage plans; D. A certificate has been given by the own.r's engin..r or the d.v.loper's engin.er, on behalf of the owner, that the building to be er.cted on any lot or block within the plan is in conformity with the overall grading plan or has receiv.d the approval of the municipality's engin.er with respect to any variance to the grading plan. E. all dead tr..s within the limit of the plan have be.n remov.d, F. the owner of the lands has .nt.r.d into a ait. plan agreement with the .unicipa1ity, G. a building per.it f.e, calculated in accordanc. with the building by-law of the municipality in fore. at the time auch permit ia applied for ia paid to the municipality. B. all other ter.s of this agr....nt haa been compli.d with. 38. REQUIREMENTS FOR OCCUPANCY AND USE Bxcluding t.mporary construction ah.lters, no building to be er.cted on the lots or blocks within the plan shall be occupi.d until a Certificate of Occupancy has been issu.d by the municipality, and this c.rtificat. will not be issued until. (al the roadway, from the entrances of the subdivision to and including the block of which the building is a part, has rec.iv.d the full specified thickn.as of Granular "B" and Granular "A", (bl A certificate has been given by the own.r's .ngin.er or an Ontario Land Surveyor that the building construct.d and the final grading of the lot or block are in conforaity with the overall grading plan or such varianc. therefroa, as has be.n approved by the IDUnicipality's engin.er. It is agreed that a copy of this clauae ahall be delivered by the developer to each and .very person requiring a building permit or any prospective purchaser of any lot on the said plan. 39. LO'J'S OHSUI'I'ABLB FOR BUILDING Any lot which will require special attention in order to be s.rviced will be listed and aubøitted to the .unicipality'a engineer for approval prior to starting conatruction of the works within the subdivision. Prior to the issuance of the building permit for any lot so listed, the deve10per'a engineer moat aubmit a l.tter to the municipality outlining the ..aaures to be taken to correct the problems on the lot. This proposal .ust be approved by the aunicipality'a engineer prior to applying for a building permit. ~ . . . .. . , - 12 - 40. FINAL ACCEPTANCE OF WORKS On receipt of the developer's request for a final inspection the municipality's Road Superintendent and the municipality's engineer t will again inspect the works, and if satisfied, will recommend to the municipality that the Certificate of Maintenance and Final Acceptance be issued. It should be noted that the Certificate of Maintenance and Final Acceptance I114Y be applied for, by the developer, 1 year after the receipt of the Certificate of Substantial eo.pletion and Acceptance. 4J . , AtrJ'HORI'lY OF PROVINCE OF ON'1'ARIO Notwithstanding anything hereinbefore set out, it is mutually understood and agreed by the developer with the municipality that this agreement and all the terms and conditions thereof, as to any contractual or any other liability on the part of th. said municipality as herein set forth, shall be conditional upon the municipality being legally permitted to enter into th. arrangements financially or otherwise as herein set forth and, if at any time during the currency of this agreement, it is found by any court of coapetent jurisdiction, the Ontario Municipal Board or any govern.ent department, that this agreement and any or all of ita terms are void and that municipality is not empowered to enter into this agreement, then no obligation, liability or duty of any nature or kind whataoever, whether in law or in equity, shall be impoaed upon the said municipality to carry out any of the provisions of this agreement. Th. developer and the municipality acknowledge that with respect to the supply and/or installation of c.rtain public or private services to the said lands which DIllY be undertaken by or on behalf of the municipality may first have to receive the approval of the Ministry of the Environment, the Ontario Municipal Board and/or other governmental boards and a'1encies. Ther.fore, it is IlUtually understood and agreed by the developer and tb. municipality tbat this agreement and all the terms and conditions thereof, as to any contractual or sny oth.r liability on the part of the said MUnicipality as her.in set forth, shall be conditional upon the said II1Inicipality receiving the approval and authorization of the afore.entioned government boðies or any of them, and no obli'1ation, liability or duty shall be imposed upon the said municipality to allow to be carried out any of the provisions hereof until such approvals as stated aforesaid have been r.ceived by the municipality. 42. LBGAL IIO'lICB !'O DEVELOPER Any notice r.quir.d to be given hereund.r ..y be given by registered ..il addressed to the developer at its principal plac. of busines. and shall be eff.ctive as of the date of the deposit thereof in the post office. 43. VOIDING AGRBBMBII'1' In the event that tbe plan is not regist.red within 90 daya from the date of si'1ning this agreSBent, the .unicipality .ay, at its option, d.clare this agreement to be null and void. 44. DU", PLAN APPROVAL Attached as Schedule "8" to this a'1r....nt 1s a copy of conditions and c~nts of draft approval together witb a.endments thereto as imposed by the Minister of Municipal Affaira under fil. nuaber 41T-890011. ~ , ... ...- , . ':.. 13 - 45. ADJACENT ROADS If certain roads adjacent to the proposed subdivision but outside of the subdivision or p1sn boundaries require i.pr~e.ents and the developer shall convey land for widening purposes as required ¿y the municipality. The developer shall review with Ontario Hydro and the municipality's engineer the status of the road allowance between Concessions 2 and 3 with the intent to reaching an agreeaent, in respect to road lIaintenance, up-grading, reconstruction and traffic control .echanis. to the mutual satisfaction of the municipality, Ontario Hydro and the developer. 46. STORMWA'1'BII IlAJlAG...·!EHT AND DRAINAGE REPORT \ A. The developer agrees that prior to the c~enCMent of construction, the developer shall prepare at its expense a coaprehenslve engineering stor..ater aenageaent and drainage report based on the 1.100 year and regional levels, acceptable to the Saugeen Valley Conservation Authority, the Hintstry of Matural Reaources and the Ministry of the Environment, for approval under Sectton 24 of the Ontario Water Reaources Act. The report ahall illustrate both the existing and the proposed final grades and will describs how stor..ater will be controlled and conducted fr~ the site and how erosion and siltation and their effecta will be contained and aini.ieed both on the site and downstream, during and after the construction period. The report shall also establish standards for storawater aenagement, for reference purposes, during facility design on individual sites which will address design requirements for closed syst..s and riverine i.pacts. B. The developer or any aubsequent OVIIer agrees to carry out or cause to bs carried out the works recommended in the report deacribed in it.. lal above to the aatisfaction of the Hinistry of Nstural Resourcea, the Saugeen Valley Conservation Authority and the Ministry of the Environment and further to ensure that individual aevelopaant proposals adhere to the atorawater aenageaent standards established therein, including Section 24 Ontario Water Resources Act approval for each lot. 47. SI'J'B PLANS POR SPECIPIC LOTS A. The developer agrees to su~it to the Saugeen Valley Conservation Authority for their review and approval comprehensive development site plan se~-back restrictions for all lots which extend below the top-of-bank, illustrating the location of any cutting or filling activities that "1' be required. B. Upon review of the site plan set-back restric~ions noted in (al above, if in the opinion of the Saugeen Valley Conservation Authority, any propo.ed structure. .ay be threatened by bank integrity or .tability or by extensive filling which aey be required, the developer will oarry out or cause to be carried out an engineered atructural foundation and geotechnical investigation report. C. Ybe developer shall carry out or cause to be carried out only tho.e works described in the approved site plana, incorporating any and all rec~ndatiODs contained in the report cited in (b) and to the satisfaotion of the Saugeen Valley Conservation Authority. D. 'J'he developer .hall provide a landscape plan, to the satisfaction of the aunicipality and the 8augeen Valley Conservation Authority, describiag bow the natural enviroDaent within Block 7 on the approved draft plan will be enhanced and protected. 'J'be developer covenants and agree. to register on the title of aaid Block 7 a covenant which will run with the land and be binding on all future purchasers, obligating the developer to abide by the said 1andscapa plan at all ti.... ole. 8'lRBAH AIID PXLL COII'!ItOL ta) 'J'be developer shall file with the aDnicipality's engineer the approval of the Ministry of Natural R.source. and the Saugeen Valley ~ ' > , . 't ",~ . . -"I 4- conservation Authority the plans and sp.cifications for all str.am crossings, structural d.v.lopø.nt and the placing or removal of fill material in any d.fined floodplain. (bl !be developer shall re.ov. the existing stream crossing on the Little Sauble River located in Block 7 on the draft plan and the site of the said crossing shall be restored to a condition acceptable to the Saugeen Valley conservation Authority and the Township of Bruce. 49. OPPICIAL PLAN AND ZOWING CONFORMITY Prior to requ.sting the letter of cl.aranc. to the Minist.r, the Clerk, of the aunicipa1ity is to b. suppli.d with a 1.tt.r of confiraation\froa the Director of Planning for the County of Bruc. that the plan and the provisions of this agre.ment conform to the official plan of the County of Bruce and the Corporation of the Township of Bruce as amend.d and that th. lands within the plan are properly zoned for industrial us.s in a holding zone category. 50. AGRBBIIBtI'I'S WITH Oll'1'ARIO HYDRO AWU MUIIICIPALITY The d.veloper acknowledges that the aunioipality and ontario Hydro have entered into certain agre.ments relating to road aaintenano. and other aatters. Th. d.v.loper agrees to enter into a suppl...ntary agr....nt betwe.n tbe d.v.loper, Ontario Hydro and the municipality in respect to the following .atters, A. That ontario Hydro property is not to be us.d without the expr.ss written permission of Ontario Hydro. Th. d.v.loper will be responsible for restoration of any d"'9. to the right-of-way or oth.r Hydro lands resulting froø construction of tb. subdivision. B. That the d.v.loper will negotiate an agr....nt with ontario Hydro and Bruce TOwnship r.garding any road ..inteDanc., upgrading, reconstruction or traffic control machani..s that may be r.quired on Concession Roads 2, due to th. propos.d d.v.lopø.nt. c. !bat th. d.veloper will n.gotiat. an agr....nt with Ontario Hydro in order to .nsure compliance of land uses and activities with the licensing, operating and other regulatory r.gair..-nts of all f.cilities at the Bruce Nucl.ar pow.r Dev.lopment. D. That th. d.veloper will negotist. .n .gr....nt with Ontario Hydro to .nsur. that any potential users of the subdivision are fully advis.d of ontario Hydro's operations at the BrUC. wucl.ar power Dev.lo~nt. B. That the cost of any r.visions or r.locations to the ontario Hydro pol. line on the 2nd Conc.ssion Road, which are requir.d due to the proposed subdivision, will be born. by the Developer. 51. DISCHARGB OP MOR'1'GAGES Prior to the cQØaeDc...nt of construction and or the issuanc. of building peralts, the Dev.loper will caus. all mortgages r.gister.d in priority to this agreeaent to be discharg.d and d.l.ted from the registered title or postpone th.ir interests to this .gre..ent or enter into and be bound by the ter.. of this agr....nt, and it is agreed that this agreeaent will be regiBt.red as a first encuabrance against the land. 52. ØOTIPICATIOR OP OBLIGATIORS The d.veloper shell notify all parsons wbo will b. spplying for building permits froa tb. municipality, of the provisions r.garding PROGRESS OP M:lRJ!:S, REMOVAL OP CONSTRUC'lION RBPUSE, and OCCUPAlIICY AND USB as provided for in this agr....nt and the dev.loper shall obtain and file with the aunicipality writteD confirmation froa such person that th.y have received and understand these r.gaire..nts. .. , . ....4- . , - - 15 - 53. WASTE MAMAGEMEN'J' PLAN (a) Prior to tbe conveyance of any lot created by tbe plan of subdivision tbe developer sball file witb tbe municipality a ·Waste Management Plan", assessing tbe impact of all proposed development on tbe site, on existing waste disposal services witbin tbe municipality and confirmin9 bow sucb waste generated by tbis development will be disposed of. (b) The said plan once approved by tbe municipality sbal1 be incorporated into a site plan development agreement wbicb sbal1 be register-1 against tbe lands, prior to tbe conveyance of any lots and sbal1 be binding on all future purcbasers. Ti~ shall be of tbe essence of tbis Agreemeat. THIS AGRBBMBHT aad everytbing contained herein shall enure to tbe benefit of and be binding upoa tbe parties bereto aad tbeir respective successors and assigns. IN WITNBSS WBBRBOP tbe parties bereto bsve bereunto affixed tbeir corporate seal. under tbe bands of tbeir proper officers duly autborized in that behalf oa tbe day and year first above written. BRUCE TROPICAL PRODOCB INC. Per, Per, TRB CORPORATION OP TO TOWNSØIP OP BRUCE per: Per, , , - ., .I. ...... .!" SCHEDULE . A· Parcel A-2, Section Con. 3, Township of Bruce being part of Lots A and B, Concession 3, Township of Bruce designated as Part 1 on 3R-385l registered in the Land Registry Office of the Land Titles Division of Bruce at Walkerton. \ , P.0.3 .t-...., -_. ~CØEDPL~ -B- File No. I 41T-89011 The Minister's conditions and þmendments to final plan approval for registration of this subdivision, file No. 41T-89011, are as follows: No. conditions 1. That this approval applies to the draft plan \ prepared by CRA Consulting Engineers and John Wood, ~ntario Land Surveyor, dated June 29, 1989, as revised in red on March 13, 1990 to sho~ a total of 6 Blocks for Indus~rial development and Block 7 for park area to be retained by the owner. 2. That the owner agrees in writing to satisfy all the requirements, financial and otherwise, of the To~nship of Bruce concerning the provision of roads, installation of services and drainage, inoluding the following: (8) (b) (c) (d) (8) (f) (g) That the agreements between the operating A~thority of Water and Sewage Systems and the developer be registered against the lands. . That Albert street be widened to 30 metres to conform to other interior roads and to provide for possible abutting development. Tqat interior roads have 90 degree corners tapered to provide and easier turning r~dius for larger truoks. That the street(s) shall be named to the satisfaction of the Municipality. That wider right of ways be required in the cut and fill sections of the road allowance to address the problems with steep slopes of the road bank. That access fro. the subdivision direotly to Bruce Township concession Road 2 be limited by providing the Township with a 1 foot reserve along the North side of Cone. Roa~ 2 exoept where the proposed road joins the Concession Road. That the Hunidipality requires a 1 foot reserVe along the eastern boundary to limit access to the abutting development to the east. .0 , . -".~~ , ~-,... . , , , , . 4lT-a90ll No. Conditions 3. That the subdivision agreement between the owner and the Township of Bruce be registered Against the lands to which it applies once the plan of subdivision nas been registered. 4. That $9ch development ot the plan be phased to the satJafaction of the Township of Bruce. 5. \ That prior to final approval by the Ministry, we arç to be advised by the Townsh~p of Bruce that appropriate zoning is in effect for this proposèd subdivision. 6. That such easelnentt as may be required for utility or drainage purposes shall be granted to the appropriate authority. 7. f 1-- , . ,y.£. Ã' ¡ S.t', '..! d That the subdivision agreement between the owner and the municipality contain the following provision with wording acceptable to the Ministry ot thè Environment, the Saugeen valleý conservation Authority, the Ministry of Natural Resources and the Township of Bruce wherein the owner agrees: (a) Tha~ prior to the commencement ot construction, a comprehensive engineering stormwater management and drainaqe report be prepared based on the 1:100 year and regional levels, and, that the report be. submitted to the Ministry of the Environment tor approval under Section 23 of the ontario Water Resources Act. The report shall illustrate both the . existing and the proposed final grades ànd will describe how stormwater will be controlled and conduoted from the ~ite, and how erosion and siltation and their effects will be contained and minimized both on the site an~ do~nstream, during and after the construction period. The report shall also establish standards for stormwater maþaqement tor referenCe purposes during facility desiqn on individual sites, which will address desiqn requirements for closed systems and riverine impacts. .. , 4lT-8901l No. - ~- , , , 'r ),...... '. Conditions (b) To carry out, or cause to be carried out, t~Q wor~s recommended in the report deso~ibed in item (a) above to the s~tistaction of the Hinistry of the E~vi~onment, Ministry of Natural Resources and the Saugeen Valley Conservation Aàthority, and further to ensure that ~ndivldual deyelopment proposals adhere to the stonnwater management standards established therein. That prior,to final approval, the existinq stream crossing on the Little Bauble River located in Block 7 is removed and the site restored to a condition acceptable to the Saugeen Valley Conservation Authority and the Township of Bruce. That a lotgradinq plan be prepared to the satisfaction of the Saugeen Valley Conservation Authority and the Township of Bruce. That prior to final approval, a landscape plan for Block 7. describing how natural environment within the block will be enhanced and protected be prepare~ to the satisfaction of the Saugeen Valley Conservation Authority and the Township of Bruce, 11. That ~~ê suþdivisipn agreement between the 9wner And the Town_hip of Ð~ce contain the fol1o~in9 provision with wording acceptable to the Sa~geen Valley. conservation Authority, wherein the owner agrees: 8. U~)\ 9. , (a) to carry out or cause to be carried out the works recommended in the reports and plans describéd in Conditions 9 and 10 noted above; that fill of any ~ind shall not be placed within Block 7 before approval from the 8åugeen Valley Conservation Authority has been obtained. (b) . . . P _ €IE. . '.. . f , . . 41'1'-89011 No. Conditions 12. That a copy of the lot grading and drainage plan, showing existing and proposed grades be submitted to Ontario Hydro tor review. Drainage must be controlled and directed away from Ontario Hydro property to the satisfaction of the Township of Bruce. 13. \ That Ontario Hydro property is not to be used without t~e express written permission of Ontario. Hydro. The proponent will þe respons~b1e tor restoration of any damage to the right of way resulting trom the construction of the subdivision all to the satisfaction of the Township of Druce. 14. That full oommunal services are provided by Ontario Hrdro for all industrial lots to the satistact on of the Ministry ot the Environment and the Township ot Bruce. That prior to final approval, the Ministry of the Environment requires confirmation from Ontario Hydro (the owner of the Bruce Energy Centre Sewage Treatment Works) that there is ade~ate uncommitted reserve sewage treatment capacity at the Bruce Energy Centre Sewage Treätment Works to accomodate development from this plan at sUbdivision. (This confirmation sh~uld be forwarded to the Ministry of the Environmen~'$ Southwestern Regional office, Approvalå , Planning Section in London) 15. 11. {,- ( (/1 v/'16. The Ministry ot t~e Environment requires that the subdivision agreement between the owner and the TOW~$hip of Bruce contain the following provisions with wording acceptable to the Ministry of the Environment That the owner agrees to notify the Ministry ot the Environment it their intention i. to draw water from an individual water supply at a rate . greater thÀt 50,000 litres per day. In such a case, a qua~ifled hydrogeological consultant must be hir~d by the owner to examine the extent of the cone of influence. This would involve a pump test and any necessary laborat9ry ànalysis to assess interterence to other wells in the area and any potential for dra~ing contaminated water from the Bruce Nuclear Power Development Landfill. , , . .-, , - . -.. "-.< . No. 4lT-89011 Conditions 17. 18. 19. 20. 21. 22. This analyåis must accompany the owner's app1tc~tio~ for a Permit To Take Water and the owne~'~ apPlication for a Certificate of Approva1 under section 2) of the Ontario Water Resources Act. \ That prior to fin~l aPP~oval by the Ministry, we à~è to be adv~seå in writin9 by the Township of Br~èe how Conditions 1 to 14, inclusive, and 16, hÀve been satisfied. . That prior to final approval by the Ministry, we are to be advised in writing by the Bruce- GreY-O~en.s.ound Health unit, how Condition 14 has been satisfied. That prior to final approval by the Ministry, we are to be advised in writing by the Sauqeen Valley ConserVation Authority, how Conditions 7 to 11, inclusive have been satisfied. That prior to final approval by the Ministry, we are to be advised i~ writing by the Ministry of Na~ura1 Resources, how Condition 7 has been satisfied. That prior to tinal approval by the Ministry, Wé arê to be advised in writinq by the Ontario Hy~ro, ijow Conditions 12, 13 and 14 have been satisfied. That prior to fina+ approval by the Ministry, W$ are to be advised in writlnq by the Ministry of thè Environment. how Conditions 7, 14, 15 and 16 have been satisfied. " . . , _ _r-'IIm-,- . - "<> , '>, .~ NOTES 1. It is the applicant's responsibility to tulfil the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Ministry of Municipal Affairs, Plans Administration Branch, Cent~al and Southwest, quoting the Ministry file number. 2. A permit from the Saugeen Valley Conservation Authority is required prior to the commencement of any alteration to the Little Sauble River, in acdordance with Revised Regulation of ontario 178/80, as amended, made under the Conservation Authorities Aot. J. The owner should appreciate that the Ministry o~ the Environment's review ot ~his development did not include soil, groundwater or soil atmosphere testing to discount the P9ssibility that waste materials and other contaminants are present within the site. If the owner requires this assurance before proceeding with the development, the owner should engage a team of consultants to conduct the necessary investigations. 4. Any individ~al water supply pumping at a rate greater that 50,000 litre. per day requires approval from the Ministry 9f the Environment under Section 23 of the ontario Water Resources Act. 5. Clearanoes are required trom the fOllowing agencies: Mr. W. Page OWén Sound District office Ministry,ot thé Enviro~ent 1180 20 $treet Owen Sound, Ontario N4k 686 Ministry of the Environment Soùthwestern Region Approvals & Planning section 985 Adelaide Street South London, ontario N6E 1V3 .' , ........... p.ee . ., . ~:~~.;~, .~ ,. '; ~ '. ~ ~ ., .Hotes (cont..} Mr. Kevin Hawthorne Owen Sound Distriot Ministry of Natural Resources 611 Ninth Avenue East Owen Sound, ontario N4K 2E5 \ Hr. B. Wâram Clerk- Treasurer Township of Bruce RRU Tivorton, Ontario NOG 2TO Hr. G. Senior Saugeen Valhy ConservÃtion Authority R.R. f1 . Hanover, Ont.ario N4N 3S8 Mr. JiJD Paton , . Bruce-Grey-Owen Sound Health Unit 920-1st Avenue West Owen sound, On~ario N4K 4K5 ì· Mr. D. Markovic Ontario Hydro ~eal Estate , Seourity Division U09 803 700 University Avenue Toront9, Ontario M5G 1X6 It the agenci condition relates to conditions in subdivision àgreement, a copy of the aqreement should be sent to them. This will expedite clearance of the final plan. A copy ot the agreement is not required by the Ministry ot Municipal Affairs, the 4. The ~inal plàn approved by the Minister must be reqisterêd within tbirtý days or the Minister may withdraw his approvál under 50(21) ot the Þlanninq Act, 1983. . . . c,.. ~ '.;; .' ....~ .. SCBBDULE "C" LANDS !'OR IIDIIICIPAL PUaPOSBS 1. _ters as 2. roads as Lands sufficieøt to allow Albert Street to be widened to 30 required by the Ninister's Conditions 2(b). Land sufficient to provide tapered corners on all interior required by the Ninister's Conditions 2(c). , 3. Land sufficient to widen the "Proposed Sheila Drive" as shown on the spproved plan, to provide a wider road allowance in the cut and fill sections as required by the Minister's Conditions 2(.). ... ane foot (1') reser".. al0ll9 the !forth aide of the 2nd Concession road allowance and along th. ..stern boundary of the proposed plan of subdivision .s required by the Minister's Conditions 2(f) and (gl. ...>..'~ ",,,,J!""~; ,.._', _-' .....i:- , '. .. " "' '- .Þ SCBECtJIIB )D- ESTIMATED COST OF WORKS ,