HomeMy WebLinkAboutBRU 91 012 agree bru trop sd
TIlE CORPORATIOR OF TIlE TO_SHIP OF BRUCE
BY-J.A.V BO. 91-12
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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.
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REEVE
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PARAGRAPH
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2.
3.
4.
5.
6.
7. \
8.
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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.
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?ABLB OP CONTENTS
PAGE
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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
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,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"
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OF THE PIRST PART,
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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.
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(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........-. .'
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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.
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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.
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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.
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(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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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,
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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.
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~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.
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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.
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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.
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4lT-8901l
No.
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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)
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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~$hip of Bruce contain the following
provisions with wording acceptable to the
Ministry of the Environment That the owner
agrees to notify the Ministry ot the
Environment it their intention i. to draw water
from an individual water supply at a rate .
greater thÀt 50,000 litres per day. In such a
case, a qua~ifled hydrogeological consultant
must be hir~d by the owner to examine the
extent of the cone of influence. This would
involve a pump test and any necessary
laborat9ry ànalysis to assess interterence to
other wells in the area and any potential for
dra~ing contaminated water from the Bruce
Nuclear Power Development Landfill.
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No.
4lT-89011
Conditions
17.
18.
19.
20.
21.
22.
This analyåis must accompany the owner's
app1tc~tio~ for a Permit To Take Water and the
owne~'~ apPlication for a Certificate of
Approva1 under section 2) of the Ontario Water
Resources Act.
\
That prior to fin~l aPP~oval by the Ministry,
we à~è to be adv~seå in writin9 by the Township
of Br~èe how Conditions 1 to 14, inclusive, and
16, hÀve been satisfied. .
That prior to final approval by the Ministry,
we are to be advised in writing by the Bruce-
GreY-O~en.s.ound Health unit, how Condition 14
has been satisfied.
That prior to final approval by the Ministry,
we are to be advised in writing by the Sauqeen
Valley ConserVation Authority, how Conditions 7
to 11, inclusive have been satisfied.
That prior to final approval by the Ministry,
we are to be advised i~ writing by the Ministry
of Na~ura1 Resources, how Condition 7 has been
satisfied.
That prior to tinal approval by the Ministry,
Wé arê to be advised in writinq by the Ontario
Hy~ro, ijow Conditions 12, 13 and 14 have been
satisfied.
That prior to fina+ approval by the Ministry,
W$ are to be advised in writlnq by the Ministry
of thè Environment. how Conditions 7, 14, 15 and
16 have been satisfied.
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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
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.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.
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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).
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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.
...>..'~
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SCBECtJIIB )D-
ESTIMATED COST OF WORKS
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