HomeMy WebLinkAbout03 011 site plan bmts
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THE CORPORATION OF THE MUNICIPALTIY OF KINC~INE
NO. 2003 -11
A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN A REEMENT WITH
BRUCE MUNICIPAL TELEPHONE SYSTEM OF THE MUNI IPALlTY OF
KINCARDINE I
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WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, se~ion 41, authorizes
municipalities to enter into Site Plan Agreements; I
AND WHEREAS the Council for The Corporation of the MunicFality of Kincardine
deems it advisable to enter into a Site Plan Agreement with Bruce unicipal Telephone
System of the Municipality of Kincardine; ,
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NOW THEREFORE the Council for the Corporation of the Muni1ipality of Kincardine
ENACTS as follows: I
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That The Corporation of the Municipality of Kincardine e.Jter into a Site Plan
Agreement with Bruce Municipal Telephone System oil the Municipality of
Kincardine to ensure appropriate development of those ~ands described as
Concession 2, South Part Lot 5, Township of Bruce, ( ow Municipality of
Kincardine), County of Bruce, being more particularly descr bed in Schedule "A"
of the attached Site Plan Agreement. I
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That the Mayor and Chief Administrative Officer be authoriZ~d to sign, on behalf
of The Corporation of the Municipality of Kincardine the a reement with Bruce
Municipal Telephone System of the Municipality of Kincardi e which is attached
to this By-law and to affix the corporate seal as and when re uired.
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This By-law takes effect from the date of passage by CoJncil and comes into
førce and effect pursuant to the provisions of the Planning A¥, 1990.
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4. This By-law may be cited as the "Bruce Municipal Telepho(1e System Site Plan
Agreement By-law." I
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READ a FIRST, SECOND and a THIRD time and DEEMED Tb BE PASSED this
15th day of January, 2003. I
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SITE PLAN AGREEMENT
. This AGREEMENT made this, ..;J:ui;::-a day of D ~ .... h 7 ,2003.
'\'! BETWEEN: / ()
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the 'Municipality"
of the First Part,
-and-
BRUCE MUNICIPAL TELEPHONE SYSTEM
OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the 'Owner"
of the Second Part.
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WHEREAS the Owner represents that it is the registered owner of those lands in
the Municipality of Kincardine, County of Bruce, described in Schedule "A'
attached hereto and forming part of this agreement;
AND WHEREAS the parties hereto agree that the lands affected by this
agreement are as set out in Schedule "A' attached hereto;
AND WHEREAS the Munícípality has enacted a Site Plan Controf Area By-Law
pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P.
13, as amended.
AND WHEREAS the covenants, agreements, conditions and understandings
herein contained on the part of the Owner and the Party of the Third Part, if any,
shall run with the land and shalt enure to the benefit of and be binding upon the
parties hereto and their heirs, exeartors, administrators, successors and assigns,
as the case may be, and shall be appurtenant to the adjoining highways in the
ownership of the Municipality,
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NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration
of the approval of the plans for the development on subject parcel of land by the
Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for all successors in title, HEREBY AGREES
with the Municipality as foflows:
PART A - GENERAL PROVISIONS
1.
The parties to this agreement hereby agree that the Owner as herein
stated is the registered owner of those lands described in Schedule 'A' to
this agreement and the lands affected by this agreement are as described
in Schedule 'A" to this agreement, hereinafter called the ·subject lands',
The Owner hereby releases the Municipality, its servants, agents and
contractors from any and all liability in respect of the proper maintenance
and operation of the matters and facilities required by this agreement.
The Owner agrees to allow the Municipality at its sofe expense and in its
sole disaetion to register or deposit this agreement in the Registry Office
for the County of Bruce against the ·subject lands'.
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Site Plan Agreement - Bruce Municipal Telephone
The Owner will at all times indemnify and save harmless the Municipality
on a soficitor and client basis from all loss, costs and damages which the
Municipality may suffer, be at or be put to, for or by reason of the
execution of this agreement. The Party of the Third Part joins herein to
consent hereto and to bind its interest in the lands hereto.
5. The clauses of this agreement are independent and severable and the
striking down or invalidation of anyone or more of the clauses does not
invalidate all or any of the remaining clauses.
6. Nothing in this agreement shall relieve the Owner from complying with all
appliceble municipal requirements.
7. The Owner hereby grants to the Municipality, its servants, agents and
contractors a license to enter the "subject lands" for the purpose of
inspection of the works and the "subject lands' or for any other purpose
pursuant to the rights of the Municipality under this agreement.
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PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
8. The Owner agrees to undertake development on the "subject lands', at its
sole expense, in conformity with the site plan as detailed in Schedule "B'
attached hereto, which shall hereinafter be referred to as the "approved
site plan'.
9. The Owner agrees to provide, install or otherwise abide by, at its sole
expense, the site development requirements as detailed in Schedule "C"
attached hereto,
10. a)
Upon completion of the development of the "subject lands' in
conformity with the provisions of this agreement, the Municipality
shall issue a certificate of compliance.
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'Certificate of compliance' shall mean a statement of the
Municipality as to the substantial completion of the works, matters
and facilities required by this agreement and shall not be deemed
to certify compliance with any other municipal requirements,
regulations, or by-laws, and the Municipality shall not be stopped
from pursuing any or all of its rights to enforce the continuing
obligations of the Owner under this agreement or to enforce any
other of the Municipality's requirements, regulations or by-laws
which relata to the subject lands.
11. The Owner hereby acknowledges that failure to complete all required
works within the specified time period shall mean a certificate of
compliance will not be issued until such work necessary to complete the
development is done, and that until such certificate of compliance has
been issued, in the event that the prescribed time period has lapsed, the
Municipality has the right to refuse issuance of any permit necessary to
carry out any additional work on the "subject lands'.
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12. All maintenance and repair of facilities and matters required by this
agreement shall be done by the Owner from time to time at its sole risk
and expense and the Owner agrees the "subject lands" will not impede or
prohibit performance of the maintenance provided for in this agreement.
13. The Owner agrees to comply with the conditions contained in the SVCA's
December 19, 2002 letter attached to this agreement as Schedule D.
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Site Plan Agreement - Bruce Municipal Telephone
14. The Owner agrees to maintain in good repair and at its sole expense the
"subject lands' in conformity with the provisions of Schedule "B" (approved
site plan) and Schedule "C' (site development requirements), and all other
requirements pursuant to this agreement, and all repair or maintenance
shall conform with the requirements of this agreement as it applied to the
original development.
15. The Owner agrees that all vaults, containers, collection bins and other
facilities which may be required for the storage of garbage and other
waste material shall be kept within a completely enclosed building or a
completely enclos'9d container in the location as shown on Schedule "B".
16. The Owner agrees that, at its sofe expense, all parking areas provided on
the "subject lands' shall be reasonably in all circumstances, maintained
clear of snow so as not to prohibit or block or in any way restrict access
along any drivaway, walkway for vehicular and pedestrian traffic or reduce
the number of useable parking spaces below the minimum number of
spaces required by the Municipality's zoning by-law. The Owner agrees
not to store snow on-site such that it blocks visibility adjacent to a street or
drainage facilities on-site or where adequate drainage facilities are not
provided or where melt water would adversely affect an abutting property.
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17. The Owner agrees to maintain at its sole expense and in good repair to
the standards acceptable to the Municipality all landscaped open space,
private dñveways and complementary facilities, and private approach
sidewalks which are located on untraveled portions of Municipality-owned
road allowances abutting the subject lands.
18. The Owner agrees that all facilities and matters required by this
Agreement shall be provided and maintained at its soJe risk and expense
and to the satisfaction of the Municipality and that in default thereof and in
the sofe discretion of the Municipality, the Municipality may perform such
requirements at the expense of the Owner and such expense may be
recovered by the Municipality in like manner as municipal taxes within the
meaning of Section 326 of the Municipal Act, RS,O., 1990, c,M. 45, as
amended.
· 19, The Owner agrees to do the following:
a) subject to The Public Transportation and Highway Improvement
Act, RS.O. 1990, facilities, to provide access to and from the lands
such as access ramps and curbings and traffic direction signs;
b) to dedicate to the Municipality, free and clear of all encumbrances,
all Easements and lands required by the Municipality for the
construction, maintenance and improvement of any existing or
newly required watercourses, ditches, land drainage works and
required watercourses, ditches, land drainage works and sanitary
sewage facilities on the land and, on request by the Municipality, to
deliver the properly executed documents in a form that can be
registered, to the Municipality in order to complete the dedication to
the Municipality and to pay all costs incurred by the Municipality in
respect to the aforementioned dedications;
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to, where requinld by Municipal resofution, dedicate to the
Municipality widening of highways that abut on the land described
in Schedule &A' attached hereto, free and clear of all
encumbrances.
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Site Plan Agreemenl- Bruce Municipal Telephone
PART C - DEFINITIONS
19. In this Agreement and the Schedules attached hereto:
i) 'Building Area' shall mean the only area upon which the erection
and use of buildings and structures shall be permitted.
ii) 'Landscaped Open Space' shall mean the areas of open space
comprised of lawn and ornamental shrubs, flowers and trees and
may include space occupied by paths, walks, courts, patios but
shall not include parking areas, traffic aisles, driveways and ramps.
iii) 'Parking Areri' shall mean the areas of open space other than a
street to be used for the parking of motor vehicles and access
ramps and driveways to areas used for the parking of motor
vehicles which shall be clear of buildings and structures except
those accessory to the operation of the parking area, and which
shall be available and maintained for the parking of motor vehicles
including maneuvering aisles and other space necessarily
incidental to the parking of vehicles.
iv) "Natural Open Space" shall mean the areas of open space which
are to remain in a natural state with a minimum amount of
maintenance, but shall not include areas of outside storage, parking
areas, traffic aisles, driveways or ramps, or Building Area. Natural
Open Spece ereas shell be subject to the requirements of the
Maintenance and Occupancy (Property Standards) By-Law as
amended from time to time for the Municipality and shall be kept
clear of all weeds and natural growth which is prohibited by other
Municipal by-laws. Areas of Natural Open Space may include
areas of Landscaped Open Space.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hand ?þs Mayor and Chief Administrative Officer this
LJd" ~ ~7"ÍJ day 0 . ~~ _ ~ 2oo~.. parties have hereunto
Sêt tóelr hands and seals t ~ .day of
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SIGNED, SEALED AND DELIVERED
in the presence of
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Wílnes
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lef Administrative Officer -
John deRosenroll
BRUCE MUNICIPAL
TELEPHONE SYSTEM OF THE
MUNICIPALITY OF
KINCARDINE
~ o.~k~
Ge ral Manager/CEO Hans
Nilsson
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SCHEDULE "A"
Site Plan Agreement - Bruce Municipal Telephone
. FIRSTLY, ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Municipality of Kincardine (former Township of
Bruce), in the County of Bruce, in the Province of Ontario, having an area of
12,311 acres, more or less and being composed of part of Lot 5 in Concession 2
of the said Township, more particularly described as follows:
PREMISING that all bearings herein are astronomic derived from the centre line
of construction of the King's Highway Number 21 as shown on a Plan registered
in the land Registry Office for the Registry Division of Bruce (No, 3) as Number
2010 and are referred to the meridian through the north-easterly comer of Lot 5,
Concession 12, Township of Kincardine (Longitude 810 31' 00" W);
COMMENCING at a point in the Southerly limit of Concession 2, which said point
is distant 10.00 feet measured N 60° 43' 30' W from the intersection of the
Westerly limit of the King's Highway as widened as shown on a Plan registered in
the said Land Registry Office as Number 1192 with the division line between
Concession 1 and 2 as defined by a wire fence existing in April of 1965;
. THENCE N 60° 43 ' 30' W along the said division line, 10.00 feet to a monument;
THENCE N 60° 43' 30' W continuing along the said division line, 685.00 feet to a
monument;
THENCE N 60° 43' 30' W continuing along the said division line, 20.00 feet to a
wire fence existing in April of 1965;
THENCE 29° 33' 30' E along the said wire fence 20.00 feet to a monument;
THENCE N 29° 33' 30' E continuing along the said wire fence, 710.00 feet to a
monument'
THENCE N 29° 33' 30· E continuing along the said wire fence, 20.00 feet to a
wire fence existing in April of 1965;
THENCE S 60° 43' 30· E along the last mentioned wire fence, 20.00 feet to a
monument;
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THENCE S 60° 43' 30' E continuing along the last mentioned wire fence, 692.00
feet to a monument;
THENCE S 60° 43' 30" E continuing along the last mentioned wire fence, 3.00
feet to a wire fence existing in April of 1965;
THENCE S 29° 33' 30' W along the last mentioned wire fence, which is parallel
and distant 60,00 feet, measured Northerly and perpendicularly from the centre
line of construction of the King's Highway as shown on a Plan registered in the
said Land Registry Office as Number 440, a distance of 750.00 feet to the point
of commencement;
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AND PREVIOUSLY DESCRIBED in an Instrument registered in the said Land
Registry office as Number 167004.
SECONDLY, Part of Lot 5, Second Concession, being Part 1 on Reference Plan
3R-1774, Municipality of Kincardine (former Township of Bruce), County of
Bruce.
SCHEDULE "B"
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Site Plan Agreement- Bruce Municipal Telephone
The 'approved site plan' shall be the plan drawn by the Owner and marked as
the "approved site plan", signed by the Municipality's Chief Administrative Officer
or deputy, signed by the Owner and with any changes marked in red and initialed
by the Chief Administrative Officer or deputy and the Owner. This 'approved site
plan' shall be filed with the Municipality's Chief Administrative Officer.
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SCHEDULE "C"
SITE ~M&;NT REQUIREMENTS
Bruce MuniciDal Telephone
1,
The Owner agrees that the completion date for all work required pursuant
to this agreement shall be December 31 ,2004.
The Owner agrees to prepare a grading and drainage plan acceptable to
the Municipality and all surface and roof drainage shall be controlled in
accordance with the approved plans in a manner satisfactory to the
Municipality,
The Owner agrees that any floodlighting of the land shall be installed in
such a manner so as to deflect the light away from adjacent streets and
properties or so controfled in intensity so as to prevent glare on adjacent
streets and properties.
The Owner agrees to ensure during development of the "subject lands'
that appropriate devices are installed and measures taken to prevent
unreasonable erosion of soil from the site by wind or water, and the Owner
agrees to abide by any request of the Municipality's Chief Building Official
or Engineer in this regard, acting reasonably.
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5. The Owner agrees to install temporary fencing or otherwise adequately
protect all trees, shrubs and other vegetation which are to be retained, and
such fencing shall be located not closer to any trees than the drip line of
such trees, and the Owner agrees to abide by the requirements of the
Municipality's Pubic Works Manager in this regard, acting reasonably.
6. The Owner agrees that any internal driveways which are necessary for,
and designated as, a fire route shall be so designed so as to carry the
weight of the Municipality's fire fighting equipment.
7. The Owner agrees to provide all landscaping as shown on the "approved
site plan". All plantings shall be installed to the specifications and
requirements as indicated on the "approved site plan".
8.
The Owner agrees that the site and building shall be designed so as to
provide unobstructed access for wheelchairs to at least one main building
entrance from the public sidawalklstreet and one parking area by use of
sidewalk ramps of proper gradient and surfacing.
9. The Owner agrees to appropriately and properly finish all lands lying
between the "subject lands" and any and all abutting streets, which,
without limiting the generality of the foregoing shall include the following:
i) landscaping of lands lying between the street line and property line
not to be used for vehicular or pedestrian entrances with topsoil
and sod/seed.
ii) installation of driveways of proper width and grade from the street
line to the property line with asphalt, concrete or other hard
surfacing acceptable to the Municipality's Engineer.
iii) removal of existing driveways which are not to be used with
replacement by appropriate landscaping as detailed above.
10.
The Owner agrees to obtain a building permit within six (6) months from
the date of this agreement. Failure to obtain a building permit within the
prescribed time period shall mean this agreement is null and void.
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SCHI;PULE"C"
IIT~ DEVELOP"'~T REqUIREMENTS
Bruce Munic DaI TeleDhone
Page 2
The Owner agrees that all driveways and parking areas as indicated on
the 'epproved site plan- shall be surfaced with asphalt, cement, or other
hard sUrfacing acceptable to the Municipality's Engineer.
The Municipality's Chief Administrative Officer may agree in writing to
minor variations to provisions of this agreement. Please note that all
major variations must be approved by Council in the form of a Site Plan
amendment to this agreement.
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· R R, I, Hanover, ON
'" ""-4N 3 88 Canada
1 .1 519-364-1255
Flox 519-364-6990
W,ww.svca.on.ca
p~bl ici nfo@svca.on.ca
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onservation
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_~ CONSERVATION
ÛNTARlO NE1WORK
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SCHEDULE "D"
SITE PLAK .r.JI"DMInIT - JlJUJCE IlUNICIl'AL TELEPBOBE
December 19,2002
Municioality oflGncardine
1475 C'oncession 5
R.R. #5
Kincardine, ON
N2Z 2X6
A TŒNTION: John deRosenroll. CAO
Dear Mr. deRosenroll:
RE: Site Plan Control Application
Part Lot 5, Concession 2
(3145 Hiwway 21)
tr~C!" "í~wns?~fB~ce , 'oal
J:~ë~~stem M~Pn1:a~~ ~:~~
This correspondence is the follow-up to Saugeen Valley
Conservation Authority's letter of Decembër 3, 2002 regardinB the above
noted Site Plan Application. Authority staff conducted a site ms )ection on
December 11, 2002. In addition, Authority staffhave discussed the
Authority's concerns with Henry Bosscher of Erdmann W. Knaack,
Architect The Site Plan, dated December 2002, by E. W. Knaack,
Architect, submitted to the AuthoritY. for review is not acceptable as there
is a potential flooding risk to the buIlding. Saugeen Conservation offers
the following comments regarding the proposed addition onto the Bruce
Municipal Telephone System Admini!ltration building,
Th~~JX>sed site plan indicates that the lowest floor of the
proposed 'tion (basement) will be at the same elevation as the
basement of the exIsting structure, and that there will be an exterior
entrance to the basement level. Mr, Bosscher has confirmed this
information.
The e~ ground elevation at the most southerly portion of the
proposed addition IS ãbout 2 feet higher than the basement floor elevation
but this ground is proposed to be lowered to accommodate the basement
doorway. We note that the basement floor elevation is only about 3,7 feet
above the elevation of the watercourse.
Based on the review of the available information in the Authority's
opinion the new add!~on could be exposed to interior flooding during
extreme runoff conditions.
However, with appropriate site grading and architectural design the
flood risk can be addresSed.
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SCHEDULE "nil
SITE PLAlII AGIIEEIÐ!lIT - BRUCE HUNICIPAL TELEPBOIIE
Municipality ofK.incardine PAGE 2
December 19, 2002
Page 2
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The final gt!KIe elevation surroundin2 the southerly portion of the addition should be no
lower thañ the grade elevation arounìl the southerly portion of the existing building
(based on information at this office the elevation around this portion of tl:ie existing
building is about 811.28 feet).
That all basement floor drains (including the door well floor drain at the doorway) that
are connected to an exterior outlet shoulâ have a back flow valve in order to prevent flood
water from entering the addition or door well.
That existing and proIJC?sed grades be shown on the Site Plan for the lands south of the
addition between the åddition and the waterway.
The following Notes be added to the Site Plan:
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a)
During construction and grading no sediment is allowed to enter the watercourse
to the south. Necessary sediment control measures should be installed at the "50
foot" buffer from the watercourse to prevent equipment and sediment from
reaching the waterway.
Future additions to the building or ground elevation changes to the lands south of
the building shall not occur at any time unless otherwise approved by the Saugeen
Valley Conservation Authority in conjunction with the mUnicipality,
Upon concurrence by the proponent to meet the above building design changes and site
plan revisions, the Authority requests a revised Site Plan be submitted for our review and
approval prior to a building permit being issued.
b)
If there are questions or alternative measures proposed to meet the SVCA's objectives,
please contact our office.
We trust these comments are helpful. Should questions arise, please do not hesitate to
contact this office.
Yours sincerely,
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~ a fVt,~
la-Anne Harbinson
Environmental Planning Technician
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cc:
DII1TyI Burley, Director~ SVCA
Miclíele Barr, Chief Building Official, Municipality of Kincardine