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HomeMy WebLinkAboutBRU 87 023 execute agree biax THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 87-23 -- BEING A BY-LAW to authorize the execution o£ an agreement with BI-AX International Inc. WHEREAS the lands within Plan 3M-113 in the Township o£ Bruce have been designated as a site plan control area by By-law No. 87-10 o£ the Corporation o£ the Township o£ Bruce. AND WHEREAS BI-AX International Inc. wishes to undertake development on Part o£ Lot 1, Plan 3M-113 and designated Part 1 on Plan 3R-4077 and the Corporation requires the Owner, BI-AX International Inc. to enter into an agreement pursuant to the provisions o£ By-law No. Chapter 1, Section 40. 87-10 and the Planning Act s.o. 1983, NOW THEREFORE the Council o£ the Corporation o£ the Township o£ Bruce enacts as £ollows: (1) That the Corporation approves the set out on the Schedule marked plans and drawings Schedule "C" to the agreement attached to this By-law as Schedule "A"; (2) That the Owner, BI-AX International Inc. may undertake the development on Part o£ Lot 1, 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 £orm o£ Schedule "A" to this By-law and any subsequent agreements required to give e££ect to the intent o£ this By-law. By-law introduced and read a First time this SIXTH day o£ MAY, 1987. By-law read a Second time this SIXTH day o£ MAY, 1987. . By-law read a Third time and £inally passed, signed, sealed, and numbered 87-23 this SIXTH day o£ MAY, 1987. ...~ ~ í'1l L~ RdvE ,,- ............,. "--~ :::: /' /-< ""' ,~ ..... /. 'v' ....-;.~. ...- . "-'--:~'~ .- -- SI!:Ák-~-, ~~ SCHEDULE -A- THIS AGREEMENT made this day o£ , 198 BETWEEN: BI-AX International Inc. hereinafter called the "Owner" - and - THE CORPORATION OF THE TOWNSHIP OF BRUCE hereinafter called the "Township" WHEREAS the Owner has requested a building permit for the land described in Schedule "A" to this Agreement (hereina£ter the "land")¡ AND WHEREAS the land is included in Plan 3M-ll3 and together with other lands is the subject o£ a stormwater management report and plan dated January 23, 1987 prepared by Conestoga-Rovers & Associates Limited and approved by Saugeen Valley Conservation Authority, Ministry o£ Natural Resources and Ministry o£ 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. 87-10 pursuant to subsection 40(2) o£ the _-"_'''''-,;,,;';V- .' - 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 hereo£ by the Reeve and the Clerk: NOW THEREFORE IN CONSIDERATION of the Township in Schedule ·C· approving the plans and drawings hereto and causing the issuance o£ construction o£ the buildings and parties agree as follows: referred to a building permit o£ the structures on the land the 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 o£ficers thereon. 2. The Owner shall bring to finish grade all o£ 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 £or the use intended until it has received from the Chief Building Official o£ the Township a certificate that all o£ the works have been constructed in accordance with the plans and drawings filed with the Township. The Chief Building O£ficial 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 - .....~->-; ''"'It' - 3 - plans and the drawings on file £or the land have been completed in accordance with the plans, drawings and reports and has filed with the Chief Building Official as constructed drawings o£ the works. 4. The Owner £urther covenants and agrees that upon completion of all the works and upon and after the issuance o£ 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 o£ the Environment. 5. The Owner shall maintain to the satis£action o£ the Township all of the works relating to the stormwater management plan £or the land in a good and functional condition at all times and without limiting the generality o£ 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 de£iciencies 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 invQice £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 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 o£ the land. lO. 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. ll. 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. _,-'_"""'~f_ " IN WITNESS WHEREOF this Agreement as evidence attested by the hands of the authorized. - 5 - the parties hereto have executed by their respective corporate seals proper of£icers in this respect duly THE CORPORATION OF THE TOWNSHIP OF BRUCE Reeve Clerk """~N_,."i;,r -- THE CORPORATION OF THE TOWNSHIP OF BRUCE SCHEDULE ·A· to an agreement made between BI-AX International Inc. and The Corporation of the Township of Bruce. DESCRIPTION OF LANDS TO WHICH AGREEMENT IS APPLICABLE " Part of Lot l, Plan 3M-l13 and designated Part 1 on Plan 3R-4077 ".~.,..,.~ " SCHEDULE "B" 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 o£ 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 proposed method of controlling post-development runoff to pre-development levels, as indicated by this report, and shall include the details o£ the proposed stormwater management facilities. This report is to be submitted through the Township o£ Bruce, £or the approval of the Saugeen Valley Conservation Authority, and the MOE. 2) The £uture 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 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 will authorize the Township to periodically inspect all SWM works. The lot owner will be required to correct, within a - '"\......'~;~... " - 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 speci£ied 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. Ther.efore, 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. 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. 1 1 j ] :J J .1 1 J '] ] 1 :1 ~~'... .~ , . , . . . ® MINISTRY of the APPLICANT ENVIRONMENT REGIONAL OFFICE LONDON ø CD TOWNSHIP SAUGEEN of '0 VALLEY BRUCE . CONSERVATION . AUTHORITY + . I (OPTIONAL I AT , ® DISCRETION - I OF S.V.C.AJ MINISTRY of the r--~..l---, I MINISTRY of I ENVIRONMENT NATURAL ENVIRONMENTAL I RESOURCES I APPROVALS, TORONTO l..______.J DISTRICT OFFICE OWEN SOUND I. APPLICANT SUBMITS SWM PLAN £. REPORT, M.O.E. SEWAGE WORKS APPUCATION, e., MAINTENANCE AGREEMENT TO BRUCE TOWNSHIP. la. APPLICANT SUBMITS STATEMENT ADDRESSING CONTAMINANTS TO TtiE M.O.E. REGIONAL OFFICE FOR REVIEW. 2. BRUCE TOWNSHIP FORWARDS SWM PLAN £. REPORT TO THE S.V.CA. FOR APPROVAL. 3. BRUCE TOWNSHIP FORWARDS SWM PLAN £. REPORT, AND SEWAGE WORKS APPLICATION TO THE M.O.E. FOR APPROVAL 4. UPON RECEIVING FINAL APPROVAL FROM M.O.E. e. S.V.C.A., BRUCE TOWNSHIP WILL ISSUE A BUILDING PERMIT TO THE APPLICANT. . .. . . . eRA , figure 5 LOT DEVELOPMENT APPROVAL PROCESS Brvce Energy Centre tIO'- 'v . The Corporation of the Township of Bruce Page 2 By-law No. 87-23 . ,. -- THE CORPORATION OF THE TOWNSHIP OF BRUCE SCHEDULE ·C· LIST OF PLANS. DRAWINGS. AND MATERIAL FILED WITH THE TOWNSHIP 1. Stormwater Management Plan being ProJect No. C22787, dated February 12, 1987, prepared by Maitland Engineering Services Limited. 2. Drawings Nos. C22787-l and C22787-2 bearing stamp of J. A. McBride, P. Eng., dated April 3, 1987. 3. Foundation Plan #S 1 by Thomas Rylett Ltd. 4. Sections #S 2 by Thomas Rylett Ltd. 5. Floor Plans #S 3 by Thomas Rylett Ltd. 6. Elevations #S 4 by Thomas Rylett Ltd. 7. Cross Section #S 5 by Thomas Rylett Ltd. 8. Entrance Detail #S 6 by Thomas Rylett Ltd. 9. Ministry of the Environment Management Plan #3-0536-87-006. approval for Stormwater .-'