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