HomeMy WebLinkAboutBRU 87 023 execute agree biax
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 87-23
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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.
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SCHEDULE -A-
THIS AGREEMENT made this
day o£
, 198
BETWEEN:
BI-AX International Inc.
hereinafter called the
"Owner"
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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
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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
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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.
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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.
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IN WITNESS WHEREOF
this Agreement as evidence
attested by the hands of the
authorized.
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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
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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
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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
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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.
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® 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.
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eRA
, figure 5
LOT DEVELOPMENT APPROVAL PROCESS
Brvce Energy Centre
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The Corporation of the Township of Bruce
Page 2
By-law No. 87-23
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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
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