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HomeMy WebLinkAboutBRU 87 035 execute agree BTP THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-35 BEING A BY-LAW to authorize the execution of an agreement with Bruce Tropical Produce Inc. WHEREAS the lands within Plan 3M-113 in the Township of Bruce have been designated as a site plan control area by By-law No. 87-10 of the Corporation of the Township of Bruce. AND WHEREAS Bruce Tropical Produce Inc. wishes to undertake development on Lots 17 and 18, Plan 3M-113 and the Corporation requires the owner, Bruce Tropical Produce Inc. to enter into an agreement pursuant to the provisions of By-law No. 87-10 and the Planning Act S.D. 1983, Chapter 1, 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, Bruce Tropical Produce Inc. may undertake the development on Lots 17 and 18, Plan 3M-113 in accordance with the plans and drawings mentioned in (1) above; (3) That the Reeve and the Clerk be authorized to execute an agreement in the form of Schedule "A" to this By-law and any subsequent agreements required to give effect to the intent of this By-law. By-law introduced and read a First time this SECOND day of DECEMBER, 1987. By-law read a Second time this SECOND day of DECEMBER, 1987. By-law read a Third time and finally passed, signed, sealed, and numbered 87-35 this SECOND day of DECEMBER, 1987. ~- ~ 7/1 L~ R"VE - - ~ - ~~ SEAL '.~;'~ THIS AGREEMENT made this day of , 198 BETWEEN: BRUCE TROPICAL PRODUCE, INC. hereinafter called the "Owner" - and - THE CORPORATION OF THE TOWNSHIP OF BRUCE hereinafter called the "Township" WHEREAS the the land described in the "land"); Owner has requested a building permit for Schedule "A" to this Agreement (hereinafter 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; Township has passed By-law No. 97-10 pursuant to subsection 40(2) of the .k~"'''~ - 2 - 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 of the Township in Schedule "C" permit of the on the land the approving the plans and drawings referred to hereto and causing the issuance of a building constru~tion 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 Building 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 .,-~~ - 3 - 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 the lot line and the travelled portion of Farrell Drive as required from time to time by the Township so as to maintain the intent of the master stormwater management plan. 6. The Owner grants to the Township, its agents, workmen, servants, and independent contractors a licence to enter upon the land. and inspect the works mentioned in the stormwater management plan for the land and agrees to forthwith correct any deficiencies and perform any maintenance as directed in writing by the Township or by its duly authorized agents, servants and/or workmen. .'.~."""."~ - 4 - 7. In the event the Owner fails or neglects to carry out the work to correct any deficiencies or perform the maintenance (including deficiencies and maintenance on the public 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 land as agent of the owner and complete such work and/or maintenance at the cost of the Owner. The Township may deliver to the Owner an inv.oice for the cost of such work and the Owner shall reimburse the Township for the cost of such work within thirty (30) days of the delivery of such invoice. 8. Notwithstanding anything herein before contained Section 325 of the Municipal Act. R.S.O. 1980, Chapter 302 shall apply to any of the requirements of the Owner as provided in this Agreement. 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 respective successors and assigns. ._:"";"'~':'."""~ IN WITNESS WHEREOF t~is Agreement as evidence attested by the hands of the authorized. - 5 - the parties hereto have executed by their respective corporate seals proper officers in this respect duly BRUCE TROPICAL PRODUCE INC. ~%¡4 Per: THE CORPORATION OF THE TOWNSHIP OF BRUCE !tA1-..Pf-¡ 17J. L~ l~pJ ¿1Reeve ~-. Clerk .... """,:,:.y THE CORPORATION OF THE TOWNSHIP OF BRUCE SCHEDULE RA" to an agreement made between Bruce Tropical Produce Inc. and The Corporation of the Township of Bruce. DESCRIPTION OF LANDS TO WHICH AGREEMENT IS APPLICABLE Lots 17 and 18, Plan 3M-113. .- -."',..,,......... SCHEDULE "S" SECTION 6 OF STORM WATER 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 professional engineer, which outlines the propo~ed 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 drainage guidelines lot grading plans for of each lot should conform to the as shown on the general servicing and this subdivision as prepared by CRA. 3) The swn report for each lot shall include the hydraulic design of the entrance culverts. 4) The SWM report should also demonstrate that each building or maJor structure on each lot will not be affected by Regional Storm Flows. 5) The Township of Bruce will require that each lot owner enter into an agreement, under section 40(7)(a)8 of the Planning Act, with the Township with regards to maintenance of SWM facilities on their respective lots. The agreement viII authorize the Township to periodically -inspect all SWM works. The lot owner will be required to correct, within a -f!!'" """," ,:.,;..J,."i " - 2 - specified time period, any deficiencies that the Township feels are necessary to ensure the proper operation of the SWM works. If the corrective measures are not completed by the lot owner within the specified time period, the agreement will give authority to the Township to undertake the required maintenance, at the lot 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 MOE 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. S) 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. "!Ii'-,--,,,,,-;~~ @ MINISTRY 01 'he ENVIRONMENT APPLICANT REGlO!llIL OFFICE I LOUOOI! @ CD TOWNSHIP SAUGEEN ® VALLE Y 01 . CONSERVATION BRUCE ~ AUTHORITY IOPTIOtl/lL. ® DISCRETION I of S.V.C.A.I MINISTRY of the r----L-- I MIIIISTRY of ENVIRONMENT I NATURAL ENVlfmNMENTAL RESOURCES APPROVALS, TORONTO L______ DISTRICT OFFICE OWEN SOUI/O < AT -, I 1 J I. APPLICANT SUBMITS SWM PLAN E.. REPORT I M.O.E. SEWAGE WORKS APPLICATION, e.. MAINTENANCE AGREEMENT TO BRUCE TOWNSHIP. la. APPLICANT SUBMITS STATEMENT ADDRESSING CONTAMINANTS TO T~E M.O.E. REGIONAL. OFFICE FOR REVIEW. 2. BRUCE TOWNSHIP FORWARDS SWM PLAN Ec REPORT TO THE·S.V.CA. FOR APPROVAL. . 3. BRUCE TOWNSHIP FORWARDS SWM PLAN t. REPORT, AND SEWAGE WORKS APPLICATION TO THE M.O.E. FOR APPROVAL 4. UPON RECEIVINGi'INAL APPROVAL FROM MO.E. Eo S.V.C.A., BRUCE TOWNSHIP WILL ISSUE A BUILDING PERMIT TO THE APPLICAIH. figure LOT DEVELOPMENT APPROVAL PROCES Bruce Energy Cenlr ~~~,,"-!! THE CORPORATION OF THE TOWNSHIP OF BRUCE SCHEDULE "C· LIST OF PLANS. DRAWINGS. AND MATERIAL FILED WITH THE TOWNSHIP 1. Stormwater Management Report being Reference No. 2015, dated July 8, 1987, prepared by Conestoga-Rovers & Associates Limited. 2. Ministry of the Environment approval for Stormwater Manag~ment Plan #3-1294-87-006. 3. Bruce County Health Unit Approval SR 17-87. 4. Al Floor Plan (Don McArthur), 5. A3 Elevations by G. Schorn. Sl Foundation Plan by G. Schorn. S2 Foundation Detail by G. Schorn. 6. 7. 'f. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-35 -SCHEDULE A- PAGE 2 THE CORPORATION OF THE TOWNSHIP OF BRUCE SCHEDULE "CO (CONTINUED) LIST OF PLANS. DRAWINGS. AND MATERIAL FILED WITH THE TOWNSHIP Drawine. 1. Floor Plan 2. General Arrangement 3. Building Section Plan 4. Wall Section Detail 5. Wall Pier Detail 6. Site Layout by G.V.H. Francis 7. structural Layout by G.V.H. Francis 8. Glazing Detail Roof by G.V.H. Francis 9. Glazing Detail Side and Gable Wall 10. Small Scale General Arrangement 11. El Electrical Plan 12. Crop Heating by Niagrow Systems Inc. 13. Under Bench Heating System by Niagrow Systems Inc. 14. Overhead Heating System by Niagrow Systems Inc. 15. Transfer Mains Heating System by Niagrow Systems Inc. 16. Mechanical Room 17. Schematic Mechanical