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