THE CORPORATION OF THE MUNICIPALITY OF THAMES CENTRE BY-LAW NO

Transcription

1 THE CORPORATION OF THE MUNICIPALITY OF THAMES CENTRE BY-LAW NO Being a By-law to authorize the execution of a Site Plan Agreement with AIL International Inc. relating to the property at Part of Lot 14, Concession 2, designated as Parts 1-5 (inclusive) on Reference Plan 33R and known municipally as 121 Gerald Parkway in the village of Thorndale, in the geographic Township of West Nissouri, now the Municipality of Thames Centre. AIL International Inc.- Site Plan Agreement) WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. P.13, authorizes municipalities to enter into agreements with developers dealing with and ensuring the provision of any or all site facilities or works and the maintenance thereof; AND WHEREAS the Council of The Corporation of the Municipality of Thames Centre has authorized the development of certain lands subject to entering into of a Site Plan Agreement; AND WHEREAS a copy of the said Site Plan Agreement with AIL International Inc. and The Corporation of the Municipality of Thames Centre is attached hereto; NOW THEREFORE the Council of The Corporation of the Municipality of Thames Centre ENACTS as follows: 1. THAT the entering into of a Site Plan Agreement with AIL International Inc. is hereby approved and authorized. 2. THAT the Mayor and the Clerk be and they are hereby authorized and directed to execute on behalf of The Corporation of the Municipality of Thames Centre the said Site Plan Agreement, in substantially the same form as that attached hereto as Schedule A and forming a part of this Bylaw. 3. THAT the Site Plan Agreement shall take effect and come into force upon the signing thereof by all of the parties thereto. 4. THAT this By-law shall come into force and take effect upon the final passing thereof. READ a FIRST and SECOND time, this 11 th day of July, READ a THIRD time and FINALLY PASSED this 11 th day of July, Mayor, J. Maudsley Clerk, M. Lewis

2 THIS SITE PLAN AGREEMENT made this 11 th day of July, B E T W E E N: AIL INTERNATIONAL INC. hereinafter called "the Owner" OF THE FIRST PART - AND - THE CORPORATION OF THE MUNICIPALITY OF THAMES CENTRE hereinafter called "the Municipality" OF THE SECOND PART WHEREAS the Owner is the owner of the land described on Schedule A attached hereto (hereinafter called the Parcel ); AND WHEREAS the Owner wishes to develop the Land and has submitted for approval a series of plans showing: site plan, notes legend and details, partial servicing plans, sediment control plan, standard detail drawings, channel relocation plan; shown on Schedule B (hereinafter collectively referred to as the Site Plan ) attached hereto; AND WHEREAS the Municipality is agreeable to the development of the Parcel on the condition that the Developer enters into an agreement with the Municipality on certain specified terms; AND WHEREAS the Parcel is zoned for the purposes proposed by the Owner in the Municipality s Zoning By-law; NOW THIS AGREEMENT WITNESSETH that in consideration of the sum of Two dollars ($2.00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt whereof is hereby acknowledged, the Owner covenants and agrees with the Municipality to do and perform at its own expense the following matters and things: 1. Municipal Engineer: Whenever the phrase "Municipal Engineer" is used throughout this Agreement, it shall also mean the Municipal Building Inspector, the Director of Transportation, the Director of Environmental Services, the Municipal Drainage Superintendent, the Municipal Drainage Engineer, or such other person as the Council of The Corporation of the Municipality shall, from time to time, so direct. 2. Sanitary Waste Disposal: The Owner agrees that the Municipality will not issue any building permit until the Owner provides the necessary engineering documents to verify that the required plumbing connection for the building to the municipal sanitary sewer system meets the Ontario Building Code, as amended. The Owner further covenants and agrees that any sanitary sewer or outlet which is located on a public road allowance shall be maintained by the Owner at no expense to the Municipality during construction, and the restoration of all road allowances shall be to the satisfaction of the Municipal Engineer. The final grades shall be established to the satisfaction of the Municipal Engineer. All private drain connections shall be approved and inspected prior to their being used by the Municipal Engineer, subject to the Owner reserving the right to negotiate the location of such connections.

3 Site Plan Agreement AIL International Inc. Page 2 3. Surface Drainage: The control of surface water must be such that it is dispersed completely on the Parcel or carried in a manner and to an outlet in accordance with the Site Plan to the satisfaction of the Municipal Engineer. The Owner further covenants and agrees that any private storm sewer or outlet which is located on a public road allowance shall be maintained by the Owner at no expense to the Municipality and the restoration of all road allowances shall be to the satisfaction of the Municipal Engineer. The final grades of the Parcel shall be established to the satisfaction of the Municipal Engineer. All private drain connections shall be approved and inspected prior to their being used by the Municipal Engineer, subject to the Owner reserving the right to negotiate the location of such connections. The Owner also agrees to reinstate any drainage ditches, culverts or natural watercourses to the specifications of the Municipal Engineer. The foregoing work shall be undertaken in conformity with the Channel Relocation Plan as shown on Schedule B. 4. Water Service Connection: The Owner agrees that the Municipality will not issue any building permit until the Owner provides the necessary engineering documents to verify that the required plumbing connection for the building to the municipal sewer system meets the Ontario Building Code, as amended. The owner agrees to not operate any portion of the Municipal Water system, and provide a water service commissioning plan to the Municipality for approval by the Municipal Engineer. The Owner agrees to retain a plumber to install all required water meter and backflow prevention devices of diameter equal or greater than 25mm (2 ) in diameter using a water meter to be specified by the Municipality. The Owner further covenants and agrees that any water service which is located on a public road allowance shall be maintained by the Owner at no expense to the Municipality during construction, and the restoration of all road allowances shall be to the satisfaction of the Municipal Engineer. The final grades shall be established to the satisfaction of the Municipal Engineer. All private drain connections shall be approved and inspected prior to their being used by the Municipal Engineer, subject to the Owner reserving the right to negotiate the location of such connections. 5. Stormwater Management: The Owner shall submit for the approval of the Municipal Engineer, a Stormwater Management Plan to which the following provisions will apply: 6.1 The Stormwater Management Plan shall include the construction and the installation of the On-Site Facilities and the development of the Land. 6.2 With respect to the period of construction and installation of the On-Site Facilities and of the development of the Land, the Stormwater Management Plan shall include a sediment and erosion control plan for the prevention erosion from the Land in the course of such construction and installation which incorporates appropriate precautions as outlined in the Guidelines on Erosion and Sediment Control for Urban Construction Sites issued by the Ministry of Natural Resources and Forestry. This shall include a grading plan where infiltration at source is a priority. 6.3 The sediment and erosion control aspect of the Stormwater Management Plan contemplated by clause 6.2 may include a requirement to construct temporary measures to control silt entering the storm drainage system and, if required, the Stormwater Management Plan will require that such measures are to be installed prior to commencing any construction on the Land and are to remain in place until the development of the Land has been completed and have been accepted by the Municipality. 6.4 The final Stormwater Management Plan shall follow the recommendations of the Municipal Engineer. The approved sediment and erosion control measures shall be in place prior to any work being undertaken on the subject lands.

4 Site Plan Agreement AIL International Inc. Page The final Stormwater Management Plan shall be in conformity with the Channel Relocation Plan as shown on Schedule B. 7. Vehicular Entrances: The Owner shall restrict the means of vehicular access to the entrance at the location shown and in the manner indicated on the Site Plan. The construction of entrances and any required curbing or ramps shall be to the satisfaction of the Municipal Engineer and applicable Road Authority. The Owner shall be required obtain all applicable road access/entrance permits from the governing Road Authority prior to the issuance of any building permits for the said development. 8. Surfacing of Parking Areas and Vehicular Entrances: The Owner agrees that all parking areas, loading areas, and vehicular entrances to the extent shown on the Site Plan shall be constructed of an appropriate base and finished with asphalt to the satisfaction of the Municipal Engineer within one (1) year of the date of the issuance of a building permit for the said development. 9. Landscaping: The Owner agrees to complete the landscaping of the Parcel in accordance with the Site Plan within one (1) year of the date of issuance of the building permit and to thereafter maintain the same to the satisfaction of the Municipal Engineer. 10. Exterior Lighting: All exterior lighting, if any, of the Parcel shall be oriented and its intensity so controlled as to prevent glare on adjacent roads and residential uses to the satisfaction of the Municipal Engineer. 11. Garbage Storage Facilities: The Owner agrees that the design and location of outdoor garbage storage facilities shall be subject to the approval of the Municipal Engineer or governing authorities. 12. Signage: The Owner agrees that the design, size and location of all signs on the Parcel shall be in accordance with the Municipality s Sign By-law and to the satisfaction of the Municipal Engineer. 13. Maintenance: The facilities and matters required by paragraph 2 to paragraph 9 inclusive shall be provided and maintained by the Owner from time to time at its sole risk and expense and to the satisfaction of the Municipal Engineer; and in default thereof, in addition to any other remedies which may be available to the Municipality, the provisions of Section 427 of the Municipal Act, 2001, as amended, shall apply for the purpose of securing rectification of the default. The Owner further covenants and agrees that the Parcel shall be kept neat and free of weeds and debris. 14. Incidental Matters: In all matters not herein provided for, the Owner shall develop the said Parcel and shall use the same in accordance with the plans filed. All incidental matters including: the removal and planting of trees; cutting, replacing and installing entrances; relocating utilities, pipes, poles, valves and equipment; and all other things required by this Agreement or by the Municipal Engineer shall be carried out by the Owner at its sole risk and expense to the satisfaction of the Municipal Engineer and/or the permission and satisfaction of the relevant authority. 15. Use of Public Road Allowances: The right of the Owner to use and occupy any untravelled portions of the road allowances shall, at all times, be at the will of the Municipality and the construction and maintenance of any and all pavements, landscaping, and other improvements thereon shall at all times be at the sole risk and expense of the Owner.

5 Site Plan Agreement AIL International Inc. Page Local Improvements: The Owner covenants and agrees not to object to local improvements for municipal services serving the Parcel in the future, subject to the Owner reserving the right to negotiate the location of such services. 17. Development Charges: The Owner shall pay the Municipality development charges in accordance with the Development Charges By-law applicable to the Land and in force from time to time. 18. Submission of Building Plans: The Owner shall provide to the Municipality two (2) complete sets of detailed plans and drawings setting forth all elevations and cross-section views for the proposed building, drawn to scale, and showing the building massing and conceptual design. These plans are to be submitted as part of an application for a building permit. Such plans shall be considered, amended if necessary, and approved as amended by the Municipal Engineer; however, such approval shall not relieve the Owner of the responsibility for any errors or omissions in such plans. Subject to any requisite corrections, the Municipal Engineer shall endorse approval on the two sets of plans and specifications, retain one set for inspection purposes and return the other set to the Owner. The set retained by the Municipal Engineer shall govern over all other documents or correspondence unless specifically referred to and amended in writing. 19. Minor Alterations: The following modifications may be made to attached site plans, by the Chief Building Official, in consultation with the Clerk, by means of a signature on an application form for that purpose, which is attached to a revised plan or drawing: (a) (b) (c) (d) (e) (f) (g) Deletion of any standard doors, windows or loading doors which are later considered to be not required. Relocation of standard doors (excluding loading doors) and windows, provided their number is not increased. Location of a fire route designed and constructed as per the Ontario Building Code. Minor alteration of the parking and access areas including the addition, deletion or relocation of parking spaces, sidewalks and landscape islands provided that such alterations are in accordance with the Corporations Zoning By-laws. Amendments to the building area including slight relocation or minor additions and minor changes to the dimensions of buildings and structures. Amendments to a fence requirement to specify a solid wood or privacy fence when the requirement was for a chain link fence or to change the height of the fence to conform to By-law requirements. Addition of fencing at request of the Owner. 20. Indemnity: The Owner shall, at all times, indemnify and save harmless the Municipality of and from all loss, costs and damages which the Municipality may suffer, be at or be put to, for or by reason of, or on account of, the construction, maintenance or existence of pavements, plantings and other improvements upon the untravelled portions of road allowances and such indemnity shall constitute a first lien and charge upon the Parcel. 21. Remedy: In the event of a failure of the Owner to carry out any of the provisions of this Agreement, then the Municipality, its servants or agents shall, on five (5) days notice in writing of its intention and forthwith in cases of emergency, have the right to enter on to the said Parcel and, at the expense of the Owner, do any such work as contained herein and further, shall have the right to recover the costs thereof by action, to realize on the security given under paragraph 18 or in a like manner as taxes.

6 Site Plan Agreement AIL International Inc. Page Security: So as to ensure due performance of the requirements of this Agreement, the Owner shall deposit with the Municipality, prior to the issuance of a building permit, a letter of credit issued by a Canadian Chartered Bank or similar legal tender, in a form approved by the Municipality, in the amount of fifty thousand ($50,000.00) Canadian dollars. Upon completion of all works as provided in this Agreement to the satisfaction of the Municipal Engineer, the Municipality shall return to the Owner the letter of credit or similar legal tender. 23. Application of Municipal By-Laws: Notwithstanding any of the provisions of this Agreement, the Owner shall be subject to all By-laws of the Municipality. 24. Registration of Site Plan Agreement: The Owner consents to and will register this Agreement against the title to the lands in the appropriate Land Registry Office. The Owner shall forthwith advise the Municipality of the particulars of such registration. 25. Agreement Binding: The covenants, agreements, conditions and understandings contained herein on the part of the Owner shall run with the Parcel and shall be binding upon it and upon its successors and assigns as owners and occupiers of the Parcel from time to time and shall be appurtenant to adjoining public roads and highways. 26. Owner's Title: The Owner represents and warrants to the Municipality that at the date of this Agreement and at the date of the registration of this Agreement upon title, the Owner is the owner in fee simple of the Parcel. If there are any outstanding encumbrances, liens or mortgages, the Owner shall obtain and register agreements postponing the interest of the lienholder, encumbrancer or mortgagee to the interests of the Municipality. 27. Severability: If any of the terms of this Agreement shall be found to be 'ultra vires' of the Municipality, or otherwise unlawful, such terms shall inclusively be deemed to be severable, and the remainder of this Agreement 'mutatis mutandis' shall be and remain in full force and effect. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals under the hands of their proper signing officers duly authorized in that behalf. Signed, Sealed and Delivered ) AIL INTERNATIONAL INC. in the presence of ) ) ) Brian Muir, Secretary ) Witness as to ) (I have the authority to bind the Corporation) ) ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF THAMES CENTRE ) ) ) ) J. Maudsley, Mayor ) ) ) M. Lewis, Clerk

7 SCHEDULE A TO SITE PLAN AGREEMENT BETWEEN: AIL INTERNATIONAL INC. OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF THE THAMES CENTRE The Parcel OF THE SECOND PART ALL AND SINGULAR that certain tract of land and premises situate, lying and being in the Municipality of Thames Centre, (formerly in the Township of West Nissouri), in the County of Middlesex and being composed of: Part of Lot 14, Concession 2 Designated as Parts 1-5 (inclusive) on Reference Plan 33R-19492, (geographic Township of West Nissouri) Municipality of Thames Centre County of Middlesex PIN (LT)

8 SCHEDULE B TO SITE PLAN AGREEMENT BETWEEN: AIL INTERNATIONAL INC. OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF THE THAMES CENTRE The Site Plan OF THE SECOND PART The Site Plan consists of the following plans and drawings which are reproduced on the following pages of this Schedule B : Proposed Site Plan Project No. SBM Sheet No. SP1 undertaken by Strik Baldinelli Moniz and authorized by K.A. Moniz, P.Eng. on June 30, 2016 Notes, Legend and Details Project No. SBM Sheet No. C1 undertaken by Strik Baldinelli Moniz and authorized by K.A. Moniz, P.Eng. on June 30, 2016 Partial Site Servicing Plan (North) Project No. SBM Sheet No. C2 undertaken by Strik Baldinelli Moniz and authorized by K.A. Moniz, P.Eng. on June 30, 2016 Partial Site Grading and Sediment Control Plan (North) Project No. SBM Sheet No. C3 undertaken by Strik Baldinelli Moniz and authorized by K.A. Moniz, P.Eng. on June 30, 2016 Partial Site Grading and Sediment Control Plan (South) Project No. SBM Sheet No. C4 undertaken by Strik Baldinelli Moniz and authorized by K.A. Moniz, P.Eng. on June 30, 2016 Standard Details Project No. SBM Sheet No. C5 undertaken by Strik Baldinelli Moniz and authorized by K.A. Moniz, P.Eng. on June 30, 2016 Channel Relocation Plan Project No. SBM Sheet No. C1 undertaken by Strik Baldinelli Moniz and authorized by K.A. Moniz, P.Eng. on March 8, 2016

9 Proposed Site Plan

10 Notes, Legend and Details

11 Partial Site Servicing Plan (North)

12 Partial Site Grading and Sediment Control Plan (North)

13 Partial Site Grading and Sediment Control Plan (South)

14 Standard Details

15 Channel Relocation Plan