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HomeMy WebLinkAboutBRU 88 023 agree execution THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 88-23 -. BEING A BY-LAW to authorize the execution of an agreement with Sunroot Energy Limited. WHEREAS the lands wi thin Plan 3M-I13 in the Township of Bruce have been designated as a site plan control area by By-law No. 87-10 of the Corporation of the Township of Bruce. AND WHEREAS Sunroot Energy Limited wishes to undertake development on Lot 5, Plan 3M-113 and the Corporation requires the owner, Sunroot Energy L imi ted to enter into an agreement pursuant to the provisions of By-law No. 87-10 and the Planning Act S.O. 1983, Chapter I, Section 40. NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts as follows: (1) That the Corporation approves the plans and drawings set out on the Schedule marked Schedule "C" to the agreement attached to this By-law as Schedule "A"; (2) That the owner, Sunroot Energy Limited may undertake the development on Lot 5, Plan 3M-113 in accordance with the plans and drawings mentioned in (1) above; (3) That the Reeve and the Clerk be author ized to execute an agreement in the form of Schedule "A" to this By-law and any subsequent agreements required to give effect to the intent of this By-law. By-law introduced and read a First time this SIXTH day of JULY, 1988. By-law read a Second time this SIXTH day of JULY, 1988. By-law read a Third time and finally passed, signed, sealed, and numbered 88-23 this SIXTH day of JULY, 1988. ~~ /~ef/ ~~ RE -" .- ~--- .~..._~..~:¥:~;.'- ·SEAL ",- .-..... -. -- ~.,~ ~ > Page 2 of 11 THIS AGREEMENT made th~s 7th day of June , 198~ BETWEEN: Sunroot Energy Ltd. here~nafter called the -Owner" - and - THE CORPORATION OF THE TOWNSHIP OF BRUCE hereinafter called the "Township" WHEREAS the Ovner has requested a building permit for the land described in Schedule "A" to this Agreement (hereinafter the "land-); AND WHEREAS the land is included in Plan 3M-113 and together with other lands is the sUbJect of a stormwater management report and plan dated January 23, 1987 prepared by Conestoga-Rovers & Associates Limited and approved by Saugeen Valley Conservation Authority, Ministry of Natural Resources and Ministry of the Environment (hereinafter the "master stormwater management plan"); AND WHEREAS the master stormwater management contains provisions relating to individual lots and section the report is appended hereto as Schedule "B"; plan 6 of AND WHEREAS the which by-law was passed Planning Act, 1983; has passed ßy-law No. 87-10 subsection 40(2) of the Township pursuant to ~ ¡';... J . , I Page 3 of 11 -KXSIX>W< xxnxxx AND WHEREAS the Council of the Township has by by-law approved of the plans and drawings listed on Schedule "C" to this Agreement conditional upon entering into this Agreement and has authorized the execution hereof by the Reeve and the Clerk: NOW THEREFORE IN CONSIDERATION the Township in Schedule "C" permit of the on the land the of approving the plans and drawings referred to hereto and caus~ng the issuance of a building construction of the buildings and structures parties agree as follows: 1. The Owner shall construct the buildings and structures in accordance with the plans and drawings noted on Schedule "C" hereto and placed on file with the Township and identified by the parties by placing the signatures of their appropriate authorized officers thereon. , 2. The Owner shall bring to finish grade all of the lands and complete the work required to conform with the master stormwater management plan and any drainage guideline and general servicing lot grading plans prePared in accordance with provisions of the development agreement entered into between the'Township and Boiler Beach Park Limited. 3. The Owner covenants and agrees not to occupy the buildings and/or structures for the use intended until it ,has received from the Ch~ef Bui~ding Official of the Township a certificate that all of the works have been constructed in accordance with the plans and drawings filed with the Township. The Chief Building Official shall not issue such a certificate until he has received from the Owner's Engineer a certificate stating that the works and grading as provided in any stormwater management report and on the .. .".,..,f Page 4 of 11 JC<x1Ix>e< plans and the drawings on file for the land have been / completed in accordance with the plans, drawings and reports and has filed with the Chief Building Official as , constructed drawings of the works. 4. The Owner further covenants and agrees that upon completion of all the works and upon and after the issuance of the certificate of occupancy, it will not in any way disturb or otherwise alter the final grade nor change the works so constructed without first obtaining written approval therefore from the Township and the Ministry of the Environment. 5. The Owner shall maintain to the satisfaction of the Township all of the works relating to the stormwater management plan for the land in a good and functional condition at all times. and without limiting the generality of the foregoing shall maintain the area between th~ lot lin~ and the trav~lled portion of Farrell Drive as required from time to time by the Township so as to maintain the intent of the mast~r stormwater management plan. 6. The Owner grants to the Township, its agents, workmen, servants, and independent contractors a licence to enter upon the land and inspect the works mentioned in th~ stormwater management plan for the land and agrees to forthwith correct any deficiencies and per~orm any maintenance ~s directed in writing by the Township or by its duly authorized agents, servants and/or workmen. , ... ""'·.lÞ Page 5 of 11 HH~H 7. In the event the Ovner fails or neglects to carry out the work to correct any de£iciencies or perform the maintenance (including deficiencies ·and maintenance on the public right- of-way) within the time permitted by the notice given in writing, the Township, its agents, servants, workmen and/or independent contractors may enter upon the 1and as agent of the owner and complete such work and/or maintenance at the cost of the Owner. The Township may deliver to ~he Owner an invoice £or the cost of such work and the Owner shall reimburse the Township £or the cost of such work within thirty (30) days of the delivery of such invoice. 8. Notwithstanding anything herein before contained Section 325 of the Kunicipal Act. R.S.O. 1980, Chapter 302 shall apply to any of the requirements of the Owner as provided in this Agreement. 9. The Owner warrants that it is the owner of the land. 10. This Agreement shall be registered against the title to the land in priority to any lien, charge or encumbrance and no work shall be undertaken until this Agreement has been executed by the parties and registered against the title. 11. This Agreement shall run with the land and shall enure to the benefit of and be binding upon the parties and their re.~ective succe.sors and assigns. , ....'...,....:...-.,-;1Þ IN WITNESS WHEREOF this Agreement as evidence, attested by th. hand. of the authorized. , Page 6 of 11 n~H the parties hereto have executed by their respective corporate seals proper officers in this respect duly Sunroot Energy Ltd. per: Chairman ¿----p,---<vice-president, ,1'4" 1"'111.... Gèñerål Counsel OF THE TOWNSHIP OF BRUCE Reeve C),erk c.::r: ¡;; ,-us .. "''''';'':~'~~' Page 7 of 11 THE CORPORATION OF THE TOWNSHIP OF BRUCE SCHEDULE -A- DESCRIPTION OF LANDS TO WHICH AGREEMENT IS APPLICABLE Lot 5, Plan 3M-ll3 , . I,' .. ". "'''./ . .'!{'fIiP Pag~ 8 of 11 SCHEDULE -S- SECTION 6 OF STORMWATER MANAGEMENT' REPORT REQUIREMENTS OF INDIVIDUAL LOT DEVELOPERS The following points must be addressed by the individual lot developers prior to issuance of a building permit by the Township of Bruce: 1) Each lot shall have a Stormwater Management Plan and Report prepared by a prof...ional engineer, which outlines the proposed method of controlling post-development runoff to pre-development levels, as indicated by this report, and shall include the details of the proposed stormwater management facilities. This report is to be submitted through the Township of Bruce, for the approval of the Saugeen Valley Conservation Authority, and the MOE. 2) The future grading of each lot should conform to the drainage guidelines as shown on the general servicing and lot grading plans for this subdivision as prepared by CRA. 3) The SWM report for each lot shall include the hydraulic d.si~n of the entrance culverts. 4) The SWM report should~lso demonstrate that each building or maJor structure on each lot will not be affected by Reg~onal Storm Flows. 5) The Township of Bruce will require that each lot owner enter into an agreement, under section 40(7)(a)8 of the Planning Act, with the Township with regards to maintenance of SWM facilities on their respective lots. The agreement will authorize the Township to periodically inspect all SWM works. The lot owner will be required to correct, within a .; "';. ";:..i'· Page 9 of 11 , _""'>OX XXX1t'XXX specified time period, any deficiencies that the Township feels are necessary to ensure the proper operation of the SWK works. If the corrective measures are not completed by the lot owner within the specified time period, the agreement will give authority to the Township to undertake the required maintenance, at the lo~ owners expense. 6) It is essential that the stormwater drainage system be prevented from functioning as a waste water disposal system. Therefore, the lot owner will review with the Regional Office of 'the KOE the potential for contaminants entering the drainage system as a result of the lot owners activities, and the protective measures to be provided to prevent this. Consultation with the MOE will be necessary to identify any required monitoring locations, frequency of sampling, analyses or measurements that may be necessary, and reporting requirements. 7) A completed -Application for Approval to Construct Sewage Works", must be submitted to the MOE for approval of the on- site drainage works. 8) The individual lot developer will be responsible for obtaining all the necessary approvals from the appropriate agencies prior to the Township's issuance of a building permit, and to recognize the time that it may take to obtain these approvals. Figure 5 depicts the Lot Development Approval Process. - Page 10 of 11 .' ,,-. . ~ . ® MINISTRY 0' the ENVIRONMENT APPLICANT AEGIOfIAL OFFICE LOI/DON . ~ CD TOWNSHIP 5AUGEEN or ® VALLEY . CONSERVATION BRUCE , AUTHORITY t \IOPTIOIIIIL. ® DISCRETION I OF S.V.C.AJ ~ ',-____1.__ MINISTRY of 'he I MINISTRY of ENVIRONMENT I NATURAl. ENVIRONMENTAL RESOURCES APPROVALS,. TORONTO L..______ DISTRICT OFFICE OWEN SOUIID AT --. I I J I. APPLICANT SUBMITS SWM PLAN £. REPORT, M.O.E. SEWAGE WORKS APPUCATION, EA MAINTENANCE AGREEMENT TO BRUCE TOWNSHIP. 10. APPLICANT SUBMITS STATEMENT ADDRESSING CONTAMINANTS TO Tt:JE M.O.£. REGIONAL OFFICE FOR REVIEW. 2. BRUCE TOWNSHIP FORWARDS SWM PLAN EA REPORT 10 THE'S.v.CA. FOR APPROVAL. ' , 3. BRUCE TOWNSHIP ~ORWAROS SWM PLAN & RE.PORT, AND SEWAGE WORKS APPLICATION TO THE M.O.E. FOR APPROVAL . . 4. UPON RECEIVING. FINAL APPROVAL FROM M.O.E. 60 S.V. C.A., BRUCE TOWNSHIP WILL ISSUE A BUILDING PERMIT TO THE APPLICANT. . figure LOT DEVELOPMENT APPROVAL PROCE Bruce Energy Cenl, ,:~-~~- Page 11 of 11 THE CORPORATION OF THR TOWNSHIP OF BRUeR SCHRDULR "C" LIST OF PLANS. DRAVIHOS~ AND MA~RIAL FILED VI~H TAR TOWHBHIP ~ DRA.WI-KG HQS. 2282-3 2282-4 2282-5 CONRSTOGA-ROVRRS .Ii U1IOCIAlfRS Slte Plan July 18, 1988 Slte Oradlnq and Servlclnq Plan July 18, 1988 Constructlon DetaUs July 18, 1988 Constructlon Detalls July 18, 1988 Conatructlon DetaUs July 18, 1988 02 2282-01 03 2282-02 DRAWIHO IIOS.. LAMPI.KII. SRLBY RtiGINRRR L'1'D. Still House Framlnq July 5, 1988 Still House and Stalr Detalls July 5, 1988 Still House: Foundatlons and I'loor Slab July 5, 1988 P311-C-401 Rev. 1 P311-C-402 Rev. 1 P311-C-403 DRA.IIIO NOS. DEVLON CONSTRUCTION Stl11 House Floor Plan Stl11 House Frame Elevatlon Stl11 House Rlevatlon Stl11 House Sectlons Process Bul1dlnq Floor Plans Process Bul1dlnq Elevatlon Process Bul1dlnq Foundatlon Plan Plpe Support System Plpe Brldqe "A" D29-1 D29-2 029-3 D29-4 029-1 D29-2 D29-Sl D29 SWl STORMW.TRR MAHAGRMRHT REPORT Conestoqa Rovers & Assoclates June 1988 Reference 12282-01