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HomeMy WebLinkAbout21 018 Natural Heritage Development Agreement (Martin) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2021 - 018 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A DEVELOPMENT AGREEMENT BETWEEN RONALD JAMES MARTIN AND SUSAN JANE MARTIN AND THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE WHEREAS the Planning Act, R.S.O. 1990, c. P. 13, as amended authorizes municipalities to enter into development agreements with landowners for development of land; AND WHEREAS Ronald James Martin and Susan Jane Martin are the owners of the property at LT E CON 12 BRUCE EXCEPT PT4, 3R-5825;KINCARDINE PIN 33276-0030 (LT); AND WHEREAS the Council of the Corporation of the Municipality of Kincardine deems it advisable to enter into a development agreement with Ronald James Martin and Susan Jane Martin; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a development agreement with Ronald James Martin and Susan Jane Martin,in the form attached KHTHVQDU@FKHGWNH\]0^# 2. That the Mayor and Chief Administrative Officer be hereby authorized and directed to execute, aforesaid development agreement as well as any other documentation, including any Acknowledgement and Direction required and relating to the said development agreement. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. 4. This By-law may be cited as the \]Natural Heritage Development Agreement (Martin) By-law^. th READ a FIRST and SECOND TIME this 8 day of February, 2021. th READ a THIRD TIME and FINALLY PASSED this 8 day ofFebruary, 2021. Kfoojgfs!Mbxsjf Nbzps!Fbejf Tjhofe!xjui!DpotjhoP!Dmpve!)3132013033* Tjhofe!xjui!DpotjhoP!Dmpve!)3132013026* Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Mayor Clerk DEVELOPMENT AGREEMENT [Section 51(26) of the Planning Act, R.S.O. 1990, as amended] This AGREEMENT made this 8 day of February 2021. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- Ronald James Martin and Susan Jane Martin hereinafter called the "Owner" of the Second Part. WHEREAS the Owner is the Owner of the lands on Schedule A attached hereto and hereinafter referred to as the "subject lands" and situated locally at LT E CON 12 BRUCE EXCEPT PT 47 3R-5825; KINCARDINE PIN 33276-0030 (LT); AND WHEREAS the County of Bruce granted conditional approval of consent in respect of the subject lands to provide separate title to each of two adjoining lots with said conditional approval of consent coming into force and effect and attached hereto as Schedule B; AND WHEREAS the conditional approval of consent provides that a Development Agreement is necessary to address natural heritage matters on the retained lands; AND WHEREAS Section 51(26) of the Planning Act provides for an agreement as a condition of consent approval and permits the registration of this Agreement against the lands to which it applies; 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 follows- 1. ollows:1. The Owner acknowledges and agrees that: a) Development and site alteration shall be limited to the area shown as Development Area on the Site Plan prepared by Ron Davidson Land Use Planning Consultant dated, April 2772020-7 b) The dwelling and shed shall be constructed in the locations shown within the Development Area on the Site Plan, with the understanding that the shape of these structures may be slightly different than shown on the Site Plan. The exact shape and size shall be shown on the drawing submitted with the Building Permit application and such drawing shall be reviewed by the Municipality in conjunction with the Saugeen Valley Conservation Authority. c) During the review of the Building Permit drawing, the Saugeen Valley Conservation Authority will advise the Owners whether or not a permit from the Saugeen Valley Conservation Authority is required. d) In addition to permitting development and site alteration within the Development Area, site alteration may also be permitted within the area shown as Constraint Area A on the Site Plan only for the purposes of upgrading the existing driveway from Concession 12 into a proper residential driveway and for the continuous maintenance of said driveway. e) Site alteration may also be permitted within the area shown as Constraint Area B on the Page 2 Development Agreement Site Plan only for the purposes of installing a hydroelectric line from Bruce Road 33 to the dwelling and shed on the property and for any future maintenance if required. f) Tree felling and/or vegetation removal within the Development Area, Constraint Area A and Constraint Area B should avoid active woodland bird nesting/rearing season (i.e. May 1s to August 15) in accordance with the Federal Migratory Birds Act in order protect migratory nesting birds. If, however, tree cutting and/or vegetation removal is necessary during this constraint period, the Owner shall retain a qualified person to aid in implementing nest discouraging measures as per Environment Canada recommendations priorto the nesting season commencing. Said qualified individual shall monitor the development envelope lands for nesting activity prior to tree cutting commencing in order to identify any individual nests needing additional protection measures. During any tree cutting activity which occurs in the active nesting/rearing season, said qualified person shall monitor nesting activity and report to the required agencies with regard to the mitigative measures that have been undertaken. 2. The Owner acknowledges and agrees that this Development Agreement shall be registered on the title of the severed and retained lots. The covenants, agreements, conditions and undertakings herein contained on the part of the Owner shall run with the lands and shall be binding upon it, its successors and assigns as owners and occupiers from time to time and this covenant shall be to the benefit of the Municipality and its lands and highways appurtenant and adjacent to the lands. 3. The parties hereto acknowledge and agree to the Schedules attached hereto to this Agreement: Schedule A Legal Description of the subject lands Schedule B Description of Conditional Approval of Consent Schedule C Environmental Impact Study dated November 2019 & Site Plan dated April 27, 2020 Schedule D Fees, Deposits, other Considerations 4. The Owner acknowledges that the Municipality, in addition to any other remedy it may have at law, shall also be entitled to enforce this Agreement in accordance with Section 446 of the Municipal Act, R.S.O. 2001, as amended. 5. Nothing in this Agreement shall relieve the Owner from compliance with all applicable Municipal by-laws, laws, statutes, regulations, notice or other policies or laws and/or regulations established by any other governmental body that may have jurisdiction over the lands. 6. Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words, "at the expense of the Owner", unless the context otherwise requires, including the payment of any and all applicable taxes. 7. The Owner hereby agrees and will expediently cause to be paid to the Municipality, any and all fees, deposits or other such consideration as is deemed necessary by the Municipality for the fulfillment of this Agreement. Said fees, deposits or other consideration are set forth in Schedule "D" attached hereto and forming part of this Agreement. 8. The Owner and the Municipality agree that all covenants and conditions contained in this Agreement shall be severable and that, should any covenant or condition in this Agreement be declared invalid or enforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby. 9. All documents and provisions referred to in this Agreement, the Owner warrants are accurate as to all provisions and other matters shown thereon and information included therein. In the event that any material misrepresentation, whether accidental or otherwise is found to exist and which on reasonable grounds has prejudiced or compromised the Municipality's position, then the Owner shall be required, at its expense to resolve all matters. Failing this, the Municipality may rectify the situation at the Owner's expense. For Page 3 Development Agreement the above reasons, the Owner acknowledges the importance of having reliable and accurate documentation and that the Municipality is relying upon them and is entering into this Agreement on that basis. 10. This Agreement shall be binding on all successors, assigns and/or heirs. 11. The parties hereto must agree to any changes to the Agreement and said Agreement will be in writing and signed by the parties hereto and be subject to de-registration and re- registration on the title of each lot. 12. Any notice required or permitted to be given pursuant to the provisions of this Agreement may be given personally or shall be mailed to each party at the address hereinafter set out. If mailed, by prepaid first-class post, it shall be deemed to have been received by the fourth day after which it is postmarked. Any change in address shall be communicated in a written format, one party to the other. To the Owner at: Ronald & Susan Martin 981 Bruce Road 33 Port Elgin, ON NOH 2C5 ..or)Jri!..i.nf „rrn„ii,ll„y„ brrnfs.corgi To the Municipality at: ATTENTION: Municipal Clerk 1475 Concession 5 Kincardine, ON N2Z 2X6 THIS AGREEMENT shall be read with all changes in gender or number required by the context. THIS AGREEMENT shall be binding upon and ensure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Parties have hereunto affixed their respective seals underthe hands of their proper officers duly authorized in that behalf. BY THE MUNICIPALITY ON THE 15 DAY OF February f 2021. SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Anne Eadie � Signed with ConsignO Cloud(2021/02/15) IIIIII II III 1111111 III�IIIIII Verify with ConsignO or Adobe Reader. Anne Eadie, Mayor Signed with gChambers SII m Verify with ConsignO or Adobe Reader. Sharonlo IIIIIIIIIII III�IIIIIII Sharon Chambers, Chief Administrative Officer I HAVE AUTHORITY TO BIND THE CORPORATION The Owner Page 4 Development Agreement Ronald James Martin Signed with ConsignO Cloud(2021/01/14) IIIIIIIIIIIIIIII III III@I III VIII Venfywith ConsignO or Adobe Reader. Ronald James Martin January 14, 2021 Date in mlul°u Signed with Consign 0 Cloud(2021/01/14) Verify with ConsignO orAdobe Reader. Susan Jane Mart Susan Jane Martin January 14, 2021 Date Page 5 Development Agreement Schedule "A" February 8, to the Development Agreement Condition of Consent dated the 2021 between Ronald and Susan Martin and The Corporation of the Municipality of Kincardine. Legal Description LT E CON 12 BRUCE EXCEPT PT 4, 3R-5825; KINCARDINE PIN 33276-0030 (LT); Page 6 Development Agreement Schedule "B" February 8, to the Development Agreement Condition of Consent dated the 2021 between Ronald and Susan Martin and The Corporation of the Municipality of Kincardine. Notice of Decision of the Approval Authority File Number B-3-19.26 For Ronald & Susan Martin In Respect of Concession 12 Lot E (Bruce) Municipality of Kincardine Dated March 11, 2020 1. That the owner enter into an Agreement with the Municipality, if deemed necessary by the Municipality of Kincardine, to satisfy all the requirements, financial or otherwise of the Municipality, which may include, but shall not be limited to, the provision of parkland (or cash-in-lieu of land), roads, installation of services, facilities, drainage and the timing and payment of a development charge. 2. That a Reference Plan be completed and a copy filed with the Municipal Clerk two copies filed with the Approval Authority, or an exemption from the Reference Plan be received from the Approval Authority. 3. That the Municipality provide written confirmation to the Approval Authority that the municipal conditions as imposed herein have been fulfilled. 4. That, pursuant to Section 53(42) of the Planning Act, the `Certificate of Consent' be affixed to the deed within one year of the giving of the Notice of Decision. (Note: Section 53(43) of the Planning Act) requires that the transaction approved by this consent must be carried out within two years of the issuance of the certificate (ie. Stamping of the deed). 5. That the applicant pays the applicable County of Bruce consent certification fee at the time of certification of the deeds. 6. That the Transportation and Environment Services Department provide written confirmation to the Approval Authority that the applicant has conveyed lands as required, free and clear of encumbrance, to the satisfaction of the County of Bruce. 7. That the Clerk of the Municipality provide written confirmation that a development agreement has been executed and registered on title which addresses the Mitigation Requirements related to a site plan for issuance of a building permit and timing requirements for tree clearing as outlined in Section 18 of the Environmental Impact Study prepared by AWS Consulting and submitted with the application. Note: Applicant is responsible for costs of preparing and registering agreement. Page 7 Development Agreement Schedule "C" February 8, to the Development Agreement Condition of Consent dated the 2021 between Ronald and Susan Martin and The Corporation of the Municipality of Kincardine. Schedule C to the Agreement is an Environmental Impact Study dated November 2019 including site plans, the size and nature of which does not permit registration. And a Site Plan Drawing prepared by Ron Davidson Land Use Planning Consultant dated, April 27, 2020. A true copy of the Agreement with a copy of the study is lodged with the Clerk at the Municipal Office, 1475 Concession 5 Kincardine, ON N2Z 2X6, and is available for viewing during regular business hours. Page 8 Development Agreement Schedule "D" February 8, to the Development Agreement Condition of Consent dated the 2021 between Ronald and Susan Martin and The Corporation of the Municipality of Kincardine. Fees 1. Development Agreement Application Fee $155 2. Legal Fees (Including Applicable Taxes) Actual Costs 3. All costs associated with the compliance with and adherence to provisions contained herein are deemed to be, at all times, at the sole expense of the Owner.