THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO

Transcription

1 THE CORPORATON OF THE TOWNSHP OF LEEDS AND THE THOUSAND SLANDS BY-LAW NO BENG A BY-LAW TO AUTHORZE THE TOWNSHP TO ENTER NTO A STE PLAN AGREEMENT WTH VY LEA MANAGEMENT CORP. FOR DEVELOPMENT OF PROPERTY LOCATED AT VY LEA CLUB WHEREAS vy Lea Management Corp are the owners of the vy Lea Club, being composed of Part of Lots 13,14 and 15 and all in Concession 1, Geographic Township of Front of Lansdowne, in the County of Leeds and Grenville. AND WHEREAS vy Lea Management Corp. has applied to the Corporation of the Township of Leeds and the Thousand slands for an amendment to an approved Site Plan Agreement. AND WHEREAS the amendment relates to that part of the subject property forming Part of Lot 13, Concession 1, Geographic Township of Front of Lansdowne, in the County of Leeds and Grenville, designated as Part 2, Reference Plan 28R AND WHEREAS Section 41 of the Planning Act, R.S.O c.p.13, as amended, provides for the Municipality to enter into Site Plan Control Agreements AND WHEREAS Council deems it expedient to enter into an amended Site Plan Agreement with vy Lea Management Corp. to modify the original Site Plan Agreement. NOW THEREFORE the Council for the Corporation of the Township of Leeds and the Thousand slands ENACTS AS FOLLOWS: 1. THAT the Corporation of the Township of Leeds and the Thousand slands enter into a Site Plan Agreement with vy Lea Management Corp., which agreement is attached hereto as Schedule 'A' and forming a part of this By-Law. 2. THAT the Council of the Township of Leeds and the Thousand slands hereby authorize the execution of the Site Plan Agreement. 3. THAT the Mayor and Clerk be authorized to execute the said Development Agreement together with all documents relating thereto, and further, to make such other motions as may be necessary to complete this matter. THS BY-LAW shall come into effect upon the passing thereof and subsequent registration at the Land Registry Office for the Registry Division for the County of Leeds and Grenville. READ A FRST AND SECOND TME THS 28 th DAY OF MAY, READ A THRD TME AND FNALLY PASSED THS 28 th DAY OF MAY, 2012.

2 SCHEDULE 'A' to By-law No STE PLAN AGREEMENT THS AGREEMENT made this 28 th day of May, 2012 BETWEEN: VY LEA MANAGEMENT CORP. (Hereinafter referred to as the "Owner") - and - THE CORPORATON OF THE TOWNSHP OF LEEDS AND THE THOUSAND SLANDS (Hereinafter referred to as the "Township") WHEREAS the Owner is the owner of certain lands being located in Concession 1, Lot 13, in the Geographic Township of Front of Lansdowne, Township of Leeds and the Thousand slands, in the County of Leeds and Grenville, municipally addressed as 61 Shipman's Lane, Lansdowne, as more particularly described in Schedule 'A' attached hereto (the 'Lands'); AND WHEREAS the Owner has applied to the Township to permit development on the Lands; AND WHEREAS the Owner has agreed with the Township to furnish and perform the works, material, matters and things required to be done, furnished and performed in a manner hereinafter described in connection with the proposed development and use of the Lands; AND WHEREAS the Lands have been designated by the Council of the Township as being within a site plan control area as provided for by Section 41 of the Planning Act, R.S.O. 1990, as amended; AND WHEREAS Section 41(10) of the Planning Act, R.S.O. 1990, c.p.13, as amended, empowers the Township to enter into such agreement and that the agreement may be registered against the land to which it applies; AND WHEREAS the Township has, under By-Law No authorized the Mayor and Clerk to execute this agreement on behalf of the Corporation; NOW THEREFORE in consideration of the sum of one dollar ($1.00) of lawful Canadian money now paid by the Owner to the Township, the receipt of which is hereby acknowledged, and in other good and valuable consideration, the parties agree as follows: 1. LANDS TO BE BOUND 1.1 The lands to be bound by the terms and conditions of this Agreement, are located in the former Municipality of Front of Leeds and Lansdowne of the Township, and are more particularly described in Schedule 'A' hereto. 2. COMPONTENTS OF THE AGREEMENT 2.1 The text, consisting of Sections 1 through 10, and the following Schedules, which are annexed thereto, constitute the components of the agreement: Schedule 'A' Legal Description of the Lands being developed and to which this Agreement applies Schedule 'B' Amended Site Plan Schedule 'C' Architectural Drawings 3. REGSTRATON OF AGREEMENT 3.1 This Agreement shall be registered on title to the Lands as provided for by Section 41(10) of the Planning Act, R.S.O. 1990, as amended, at the expense of the Owner; Page 1 of 7

3 SCHEDULE 'A' to By-law No The Owner agrees that all documents required herein shall be submitted in a form suitable to the Township and, where necessary, suitable for registration; 3.3 The Parties agree that this agreement must be registered against the Owner's Lands within thirty (30) days of the execution thereof by the Township; 3.4 The Owner agrees to have the Township register this Agreement at the expense of the Owner. 3.5 The Township shall be entitled to rely upon and enforce the provisions of this Agreement against the Owner and all successors in title. 4. GENERAL 4.1 t shall be understood and agreed upon that this Agreement is subject to any applicable zone provisions and/or definitions under the Township Zoning By-Law. Said provisions and/or definitions shall be considered part of this Agreement and shall form part of this Agreement as if embodies herein. 4.2 The Owner shall duly observe all such By-Laws, Agreements, Rules and Regulations, matters and things as are, or may be, enacted by the Municipal Council of the Corporation of the Township of Leeds and the Thousand slands or legally constituted body therefore to govern within their jurisdiction. 5. PROVSONS General 5.1 The Owner covenants and agrees to develop the Lands in accordance with the Site Plan being Schedule 'B', as amended, and that no works will be performed on the Lands except in conformity with all provisions of this Agreement. 5.2 The Owner further agrees to construct all building(s) in accordance with the provisions of Schedule '0', illustrating the massing and conceptual design, and the general elevations and typical cross-sections of the buildings to be erected by the Owner on the Lands. 5.3 The Owner further agrees to provide and maintain site services at the sole risk and expense of the Owner. The proposed buildings, structures and other works specified in the Schedules hereto attached, shall be undertaken and maintained by the Owner (or its designee) to the satisfaction of the Township. 5.4 No buildings, structures or other works shall be erected on the said lot other than those erected in conformity with the Schedules hereto attached and matters outlined below. Parking 5.5 The Owner further agrees that the location of entranceways and parking of all highway vehicles on the Lands shall be restricted to the entranceways and parking areas illustrated on Schedule 'B', as amended. The Owner shall provide sufficient off-street parking on the Lands to comply with all applicable By-Laws of the Township. Proposed Waterworks 5.6 The previous Site Plan Agreement indicated proposed waterworks were classified as "Non-Residential and Non-Municipal Seasonal Residential Systems that do not Serve Designated Facilities" and are subject to the Safe Drinking Water Act and to O. Reg. 252/5. The owner shall register the drinking water system with the Ministry of the Environment. Closure/Sealing of Existing Well 5.7 The previous Site Plan Agreement for the Lands indicated that an existing well was to be abandoned whereby it was to be appropriately closed/sealed and abandoned in accordance with Ministry of the Environment requirements and to the satisfaction of the Township. Written verification of such proper well closure Page 2 of 7

4 SCHEDULE 'A' to By-law No shall be provided to the Township for their records by the Owner or their designated contractor. Proposed Sewer Works 5.8 The Owner agrees that the proposed method of sewage disposal be undertaken in accordance with the approvals of the Township and/or Ministry of Environment and as permitted by the Ontario Building Code and the Ministry of Environment. f required, approval from the Leeds Grenville and Lanark District Health Unit should be obtain prior to the issuance of a Building Permit. 5.9 The Owner is required to submit an engineer's certificate to the Township of Leeds and the Thousand slands to confirm that the sewer works have been installed in conformance with the Certificate of Approval, ssued by the Ministry of the Environment under Number Y8NMM dated November 8, Lighting/llumination 5.10 The Owner agrees to restrict all external lighting facilities on the Lands to prevent light trespass and glare onto neighbouring properties, and to mitigate impacts on the Dark Sky As such, the Owner agrees that: Exterior light fixtures shall be shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture (Dark Sky compliant). Lighting shall be directed and deflected away from adjacent lots and streets. Lighting shall not negatively impact area residential lots or the travelled public road. Light emanating towards a navigable waterway shall be reduced by timers from 11 pm to 6am. Lighting fixtures shall not be more than 9 metres above finished grade. Floodlights will generally not be permitted. ntensity of light is to be reduced by using maximum 40 (incandescent) watt light bulbs The Owner agrees to submit a revised Lighting Plan should additional lighting be proposed beyond what is shown on the Schedules herein. Stormwater Management / Drainage / Grading 5.13 An Environmental mpact Statement prepared by the Owner's ConSUltant and reviewed by the Township's Engineer and the Cataraqui Region Conservation Authority as part of the previous Site Plan Agreement and found to be a satisfactory approach to storm water management for the site Stormwater runoff will be addressed through the installation of eavestroughs on any building or structure and that captured water be directed inland away from the river where infiltration will occur The Owner agrees that generally on-site drainage patters are to be maintained All related facilities on the Lot, including swales, Straw Bales/ Silt Fence Barriers during construction, will be maintained by the Owner to the satisfaction of the Township The Owner agrees to submit a revised Drainage Plan / Stormwater Management Plan to the Township should alterations to the drainage patterns or stormwater management of the site be required The Owner agrees to submit a Grading Plan should alterations to the site result in significant changes to grading or elevation or contour of the land that may have an impact on the disposal of storm, surface and waste water from the land and from any buildings or structures on the Land. Page 3 of 7

5 SCHEDULE 'A' to By-law No Landscaping / Grading 5.19 A natural vegetated buffer a minimum of 5 metres shall be maintained from the top of the bank and that it remains unmown. The Owner shall replace any unsatisfactory landscape components, trees, and/or plant material not in a healthy growing state, as soon as possible. All proposed planting and landscaping features shall utilize native tree, shrub and grass species, and all proposed tress shall be a minimum of five feet in height when planted The Owner agrees to submit a revised Landscape Plan to the Township should there be alterations to landscaping on the Lands beyond what is shown on the Schedules herein be required. Topsoil / Soil Stability / Erosion Control 5.21 The Owner agrees that all topsoil removed from the Lands shall be stockpiled during grading operations and as the Facility is completed the topsoil so stockpiled shall be placed around the grounds of the buildings to the same minimum depths as existed prior to removal on surfaces not covered by driveways, driveways, parking areas, etc The Owner agrees that sediment an erosion control measures are to be implemented during all stages of construction. This must include some form of silt fencing between the areas of development and the lake. This fencing must remain in place until all areas that were disrupted are full stabilized The Owner agrees to be satisfied with, and if deemed necessary by them or their designate to investigate the stability of, the soil and its ability to sustain superimposed loads from new buildings and filling operations at their soil responsibility and risk The Owner agrees not to excavate the Lands except for the purpose of construction in accordance with the Schedules herein. No soil, sand, gravel or other materials shall be removed from the Lands except with the prior permission of the Township. Any excavated material is to be disposed of away from the river and all construction material shall be stored in a location well away from the river. Dock Construction 5.25 The Owner agrees that the proposed in-water works will be constructed in accordance with the Operational Statement as per the previous Site Plan Agreement. Off Site Works 5.26 The Owner agrees that they shall obtain any necessary permission or approval from abutting property owners for any such works as identified in Schedule '8' that are outside the subject lands, as set out in Schedule 'A' and the Owner shall ensure that such works are subsequently maintained in conformity with Schedule '8', as amended. Waste Storage 5.27 The Owner agrees to provide suitable containers for the storage of garbage and other waste material at its sole risk and expense. Garbage containers are to be animal proof, sued for the short-term collection of waste, only until such time as it can be transported off the Lands to a waste management facility. Such containers will be located within a satisfactory enclosure to be maintained by the Owner. The Owner further agrees to ensure the proper care and control of garbage. Emergency Services 5.28 Privately maintained roads are to be maintained to an appropriate standard for continued safe passage by emergency vehicles (fire, ambulance, policy). Fire routes in particular are to be kept clear of all debris, vehicles, and snow. All other fire related equipment must be accessible and in good working order at all times. Page 4 of 7

6 SCHEDULE 'A' to By-law No Other Provisions 5.29 The Owner agrees not to allow any refuse, debris, construction or building materials to be deposited or remain on the Lands except construction or building materials stored on site for staging purposes during active construction which shall be utilized within a reasonable time period The Owner acknowledges and agrees that all future development on the Lands must comply with all relevant Municipal By-Laws and Provincial statutes and regulations The Owner hereby consents to the entry of an authorized agent or employee of the Township onto the Lands, for the purpose of carrying out an inspection to ensure compliance with this Agreement All development on the Lands should be sympathetic so as to minimize its impact on the Natural Heritage of the surrounding environment. 6. COSTS AND FEES 6.1 The Owner acknowledges that this Agreement is entered into under the provisions of Section 41(10 of the Planning Act R.S.O. 1990, as amended, and that the expenses of the Township arising out of the enforcement of this Agreement may be recovered as taxes under Section 427 of the Municipal Act S.O. 2001, c All work and services required by this Agreement and all works and services which are required to ensure all works and services required by this agreement are provided and maintained in accordance with this agreement shall be provided and maintained by the Owner (or its designee) at the sole expense of the Owner to the satisfaction of and at no expense to the Township. 6.3 The Owner shall be required to cover all expenses related to the satisfactory completion and maintenance of all Schedules including, but not limited to, costs or fees incurred or required by the Township or their designee for the review of these matters. 6.4 All costs incurred by the Township (and/or their designee) in reviewing, approving, preparing, implementing, monitoring and/or enforcing this Agreement, including the Schedules of this Agreement and/or any works and services required by this agreement, or amendments thereto, shall be at the expense of the Owner. 6.5 All stormwater facilities identified in Schedule 'B' and Schedule 'C', including, swales, fencing, etc. will be maintained at the sole expense of the Owner. 6.6 The Owner agrees to pay the applicable Building Permit Fee and other related fees as provided for in the Township's by-laws and shall be responsible for payment of other permit and processing fees where applicable. 7. DEFAULT BY THE OWNER 7.1 Failure to comply with any term or condition contained herein or with the Schedules attached hereto will result in withdrawal of the Building Permit in which case the Owner hereby agrees to cease all work on the herein described lands, immediately on receipt of notice by the Township of withdrawal of the Building Permit, until such time as written authority is obtained from the Township to proceed. 7.2 n the event of default by the Owner or its assigns in the provision of maintenance of all matters and things required to be done by the Owner pursuant to this Agreement, the Township may, at the cost and expense of the Owner, enter upon the lands and do all such matters and things as are in default. 7.3 "Cost" and "expense" of the Owner in this clause shall be actual cost incurred by the Township plus twenty percent (20%) of such cost as a charge for overhead. Any costs incurred by the Township pursuant to this clause shall be paid by the Owner to the Township within thirty (30) days of the mailing of an invoice by the Page 5 of 7

7 SCHEDULE la' to By-law No Township addressed to the Owner at his last known address as taken from the most recent Tax Assessment Roll. 7.4 nterest at a rate of fifteen percent (15%) per annum shall be payable by he Owner to the Township on all sums of money payable to the Township herein which are not paid on the due dates, calculated from such due dates. 8. NDEMNFCATON 8.1 All services and matters required by this Agreement shall be provided and maintained at the sole risk of the Owner. 8.2 The Owner shall indemnify and save harmless the Township at all times from any loss or liability resulting directly or indirectly from the development of the Lot, Site or the improper maintenance thereof. 9. NUMBER, GENDER AND SUBSEQUENT PARTES 9.1 f there is more than one Owner or the Owner is a male or female person or a corporation, this Agreement shall be read with all grammatical changes appropriate by reason thereof and all covenants and liabilities and obligations shall be joint and several. 9.2 This Agreement and everything contained herein shall endure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. 10. ALTERATONS OR AMENDMENTS TO THE AGREEMENT 10.1 This Agreement may only be amended or varied by a written document of equal formality herewith duly executed by the parties hereto and registered against the title of the Lands. N WTNESS WHEREOF the parties hereto have executed this Agreement on this 28 th day of May, 2012 SGNED, SEALED AND DELVERED n the presence of: THE OWNER JoeP,1 have Authority to Bination THE TOWNSHP Per: A Bruce ryan, Mayor Page 6 of 7

8 SCHEDULE 'A' to By-law No SCHEDULE 'A' Description of Lands Subject to this Agreement Note: t is understood and agreed that this Schedule forms part of the Township's Agreement. A PARCEL in the Geographic Township of Front of Lansdowne, Township of Leeds and the Thousand slands, in the County of Leeds and Grenville, being composed of part of Lots 13, 14 and 15 and all in Concession 1. Assessment Roll Numbers and Page 7 of 7

9 SCHEDULE la' to By-law No SCHEDULE '8' Amended Site Plan Note: t is understood and agreed that this Schedule forms part of the Township's Agreement.

10 t 51T PLAN PR PAR O FOR VY LEA MANAGEMENT nc. 61 Shipman So Lane, Lansdowne DATE: SSUE: 5URV Y O BY RC. B NN TT, OL.S [NC[ RVE}? :;: W W 0 Q w i) m z ::>...J S Q c.. «w w -...J (j) > ' LAWR 2:R idwelling AND NEW GARAGE g f0- l. DATE: MAY, 2012 SCALE DRAWN: N.T.S. M.P, SHEET: A-1

11 SCHEDULE 'A' to By-law No SCHEDULE 'C' Architectural Drawings for the Reconstruction of Cottage and Garage Note: t is understood and agreed that this Schedule forms part of the Township's Agreement.

12 otel Units SSUE: Pool PROPOSED GARAGE PROPOSED 2-STOREY DWELLNG (SHADED) -,)! ' EXTNG TO BE REMOVED (DASHED) EXSTNG 1-STOREY DWELLNG TO BE REMOVED (DASHED) EXTENT OF EXST"'"... -r,..., NOTE - ANY GRADE CHANGES TO BE VERFED WTH CRCA, N ACCORDANCE WTH REGULATON 148/06 w z 0 Q :s. a. w :::> -...J Q (i,i...j > SLT FENCE TO BE NSTALLED ON WATER SDE OF BULDNG DURNG CONSTRUCTON - SEE LANDSCAPE PLAN ST LAWRENCE RVER,:.: 0 w w E J- 0- DATE: MAY, 2012 SCALE DRAWN: SHEET: 1/32" 1' M,P. A-2

13 TERRACE 56'-4" BASEMENT SLAB ElEVAnON MN. 76.5m BEDROOM 17x14' BEDROOM 13'x4' DEN 14'><20.5' 14'-5" [4.41m] UN EXCAVATED 22'-S" [ 83m]» Ul i '!i r- m!'!!. - <!j '" CJl 0 :r m 0 DLE: PROJECT: BASEMENT PLAN VY LEA CLUB - COTTAGE 0 '!i!'! 1ii en c:!1' Michael Preston 76 GORE STREET, KNGSTON, ONT. K7L

14 PROPOSED FLOOR AREA - L J GARAGE 21'x23.5' 22'-5" [6.S3m] en c :: m» '" c mle: r- m f!1 ii; :0 i <!j. ;;; PROJECT: GROUND FLOOR PLAN VY LEA CLUB - COTTAGE c f!1 iii en c: f!1 Michael Preston 76 GORE STREET, KNGSTON, ONT. K7L 2L

15 , 14'x16'. /,- nu lii rn!'!l i _... _. > rn 7i :10 C t>< BATH 12.5'x 10.5' D D 'r==' D,X MASTE4;X: ; >= -- BEDROOM -- UD ""'-. 1 l.,j $, - " CLOSET 12.5'xB.5' lin; :1 : DN - ooooo 1 L El 1i 1..-l - /7 12.5'x6'., /» i 0 ::t: '" TTLE: 0 m»... SECOND FLOOR PLAN hi!l'!l'!e PROJECT: n 01 :0 :< VY LEA CLUB - COTTAGE!l'!l! N Michael Preston 76 GORE STREET, KNGSTON, ONT. K7L 2LS )

16 [:===============================J -- c= = ====== == = ==_-=== == = == =- _ == =-== === =-==== == ==='j===-== == == -= == ===-= === ==-= ==== =TJ---» 0 :r '" mle: m ii!1' i!: PROJECT: m :0 le :< ;;; NORTH ELEVATON VY LEA CLUB - COTTAGE 0!1' m c:!1' Michael Preston 76 GORE STREET, KNGSTON, ONT. K7L 2L5. 41EH

17 -.-T- -- ROOF DRANAGE TO BE DRECTED TOWARDS REAR OF PROPERTY AS MUCH AS POSSBLE (AWAY FROM WATER) L-BASEMESB!!l!!! t i [====:=-:-_ -_.- _. -.--=--J:====-=J ==================J» '" J: 0 m... :0 n!'! j!: 0 TTLE: - N PROJECT: SOUTH ELEVATON VY LEA CLUB - COTTAGE Michael Preston 78 GORE STREET, KNGSTON, ONT. K7L

18 l> 0> C g c :: mle: m :!; hi!1' i'!' ;;: 00 :a N PROJECT:,,- [================================J EAST ELEVATON VY LEA CLUB - con AGE i =================================J EAST ELEVATON c en 0> c:: rl' Michael Preston 76 GORE STREET, KNGSTON, ONT. K7L 2L

19 --- F ===== RNSHA 1S! LQ0R : [============================ l WESTELEVATON - :-----: _==============J===============================_'J WEST ELEVATON VY LEA CLUB - COTTAGE BASEME"T SLAB Michael Preston 76 GORE STREET, KNGSTON, ONT, K7L 2LS, )

20 NOTE - ANY GRADE CHANGES TO BE VERFED WTH CRCA, N ACCORDANCE WTH REGULATON 148/06 J J GARAGE TO BE/ ',,[MOVED /! TREE TO BE REMOVED (, WATER en 0 :: m m r... ",... r.' 0 TTLE: PROJECT: LANDSCAPE PLAN VY LEA CLUB - COTTAGE Michael Preston 76 GORE STREET, KNGSTON, ONT. K7L 2L