CORPORATION OF THE MUNICIPALITY OF PORT HOPE BY-LAW NO. 34/2005

Transcription

1 CORPORATION OF THE MUNICIPALITY OF PORT HOPE BY-LAW NO. 34/2005 Being a By-law to enter into a Site Plan Agreement with Ontario Limited (Graham and Susan Chapman) 6829 Dale Road between the Corporation of the Municipality of Port Hope. WHEREAS Council deems it expedient to enter into a Site Plan Agreement between the Corporation of the Municipality of Port Hope and Ontario Limited. AND WHEREAS the terms of the Site Plan between the Corporation of the Municipality of Port Hope are hereby attached; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE ENACTS AS FOLLOWS: 1. That the Site Plan Agreement between the Corporation of the Municipality of Port Hope and Ontario Limited attached hereto as Appendix A, is hereby authorized and approved. 2. That the Mayor and Clerk be and they are hereby authorized and directed to sign the said Agreements and any related documentation to carry out the purpose of this by-law. READ a FIRST, SECOND and THIRD time and finally passed in Open Council this 14th day of June, Rick Austin, Mayor Frances M. Aird, Clerk Site Plan Agreement Page 1 of 16

2 BETWEEN: THIS AGREEMENT made in quadruplicate this 24 th day of May, ONTARIO LIMITED hereinafter called the "Owner" OF THE FIRST PART - and - GRAHAM B. CHAPMAN SUSAN M. CHAPMAN hereinafter called the "Owner" OF THE SECOND PART and - THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE hereinafter called the "Municipality" OF THE THIRD PART - and - ROYAL BANK OF CANADA hereinafter called the "Mortgagee" OF THE FOURTH PART WHEREAS the Owner owns in fee simple lands and premises located south side of Dale Road, municipally known as 6829 Dale Road, which lands are more specifically described in Schedule A, and hereinafter referred to as the "subject lands"; AND WHEREAS the subject lands are designated "Agricultural Priority" in the Ward 2 Offiical Plan; AND WHEREAS the subject lands are zoned "General Industrial Exception Seven (M2-7) Zone" by Bylaw 3350, as amended; AND WHEREAS the owner of the Subject Lands entered into an agreement with The Corporation of the Township of Hope and Ontario Limited c.o.b. as Disk Tooling registered December 24, 1987 as Instrument Number Site Plan Agreement Page 2 of 16

3 AND WHEREAS the Owner intends to construct a 557 square metre (6,000 square foot) addition on the subject lands for industrial warehousing purposes as shown on Drawing No. A-1 Site Plan Prepared by Bel-Con Engineering Ltd., dated June 09, 2004, Revision 5 attached as Schedule B to this agreement; AND WHEREAS the proposed development of the subject lands complies with the Ward 2 Official Plan, and the Restricted Area Zoning By-law 3350, as amended; NOW THEREFORE in consideration of the mutual covenants and agreements hereinafter contained, the Parties agree as follows: 1. LANDS TO BE DEVELOPED The Owner represents and warrants to the Municipality that it is the owner in fee simple of the subject lands and the parcel known Part 2, Plan 9R-1955 is subject only to a mortgage (charge) in favour of the Royal Bank of Canada. 2. SITE DEVELOPMENT 2.1 The Owner covenants and agrees with the Municipality to develop the subject lands in accordance with the Schedules attached hereto and forming part of this agreement, and to erect thereon the building on the location as shown in accordance with the Schedules; and further to erect or install all other external structures and facilities, as shown on the Schedules in the locations and in the manner indicated thereon. The building and all structures and facilities shall be constructed and installed in accordance with the requirements of Restricted Area Zoning Bylaw 3350, as amended, and all other applicable laws. The Owner agrees to notify the Municipality on commencement of construction and on completion of the above said external structures and facilities. In the case of conflict between the text of this agreement and any of the Schedules, the text shall prevail. 2.2 The Owner covenants and agrees with the Municipality that it: Site Plan Agreement Page 3 of 16

4 2.2.1 shall maintain the building and all other external structures and facilities that the Owner has agreed to construct, or may be required to construct, on the subject lands in good condition and repair at all times, and; shall develop and use the property in compliance with the Restricted Area Zoning By-law. 2.3 The Owner covenants and agrees to complete the building and all other external structures, facilities and landscaping at the same time, save and except that if weather conditions do not reasonably permit completion of all landscaping at the time of completion of the development aforesaid, all landscaping will be completed as soon as practical and in accordance with landscaping advice as agreed to by the Municipality, and in any event not later than six (6) months after completion of the building The Owner covenants and agrees that no building, external structures or facilities other than the building, external structures and facilities shown on the said Schedules shall be erected on the subject lands unless and until this agreement is amended. 3. GRADING AND DRAINAGE 3.1 The Owner agrees to grade and drain the subject lands in accordance with the gradients shown on the Schedules and to provide at the Owner s cost, collection and disposal of storm, surface and waste water from the subject lands and from the building, external structures and the facilities thereon, in accordance with the schedules, forthwith upon signing the agreement. 3.2 The Owner agrees that the drainage of surface and storm water to and from adjoining lands as same are presently constituted will remain undisturbed. 3.3 The Owner agrees that the grading of the subject lands should be completed in accordance with, and under the supervision of, the Site Plan Agreement Page 4 of 16

5 Director of Municipal Engineering Services. 4. ENTRANCES, DRIVEWAYS AND CURBS 4.1 n/a 4.2 The Owner agrees to install the entrances and driveways as shown on the Schedules, and to hard surface the same, all in accordance with and under the direction of the Director of Municipal Engineering Services to the satisfaction of the Municipality; 4.3 The Owner agrees to asphalt or otherwise hard surface all entrances, exits, driveways and parking areas as shown on the Schedules and to include pavement markings for parking spaces including handicapped parking areas all as shown on the Schedules. The Owner agrees to install sidewalks, including sidewalks to permit handicapped access. 4.4 The Owner agrees to maintain all such parking surfaces, entrances, sidewalks and curbs to the satisfaction of the Director of Municipal Engineering Services. 4.5 The Owner agrees to install appropriate fire route signage to the satisfaction of the Chief Building Official. 4.6 The Owner agrees to provide clear access to the building for the purposes of emergency vehicle access. This area shall be unobstructed at all times and not used for outside storage at any time. 5. SERVICING 5.1 Sewage Services The Owner agrees to maintain the private sewage system on the subject lands to the satisfaction of all relevant authorities from time to time. 5.2 Water Services The Owner agrees to maintain an adequate water supply to the Site Plan Agreement Page 5 of 16

6 building to the satisfaction of all relevant authorities from time to time. 6. GARBAGE STORAGE AND DISPOSAL The Owner covenants and agrees: 6.1 to provide and maintain satisfactory internal garbage and waste storage facility, including recycling bins; 6.2 To remove garbage and other waste materials as often as may be required so as to maintain a neat, healthy and orderly site. 7. SNOW REMOVAL The Owner agrees to remove promptly all snow from the walkways, driveways and parking areas and not to permit snow to accumulate so as to obstruct traffic or parking, interfere with visibility or otherwise create a hazard. 8. ILLUMINATION The Owner agrees to provide adequate exterior illumination for the subject lands, to the satisfaction of the Director of Municipal Engineering Services and to install the lights and deflectors so that the angle of illumination does not extend onto adjacent lands or roadways. 9. SIGNAGE The Owner agrees to obtain approval from the Municipality before erecting any signs and agrees to abide by all applicable regulations of the Municipality. Maximum height to the top of any sign on the subject lands shall be 6.0 metres above the average grade level of the subject lands. Approval in writing must be obtained by the Chief Building Official prior to the erection any sign on the subject lands. Site Plan Agreement Page 6 of 16

7 10. LANDSCAPING AND FENCING The Owner agrees: 10.1 to install and maintain appropriate fencing in accordance with the Schedules, including a chain link fence around the storm water management pond. 11. CLEARANCE The Owner agrees to retain and maintain a suitably qualified and experienced engineer to conduct surface scans and test hole samplings, and to carry out adequate inspections at the time of excavation, during the construction and immediately following the completion of construction, to ensure that radiation levels are within the permissible range as required by the Provincial and Federal regulations for the proposed use. The Owner further agrees to provide the Municipality and any relevant federal or provincial authorities with proof of the inspections and the results thereof, promptly upon completion of the inspections. In the event that levels exceed the permitted levels at any stage, all work and/or use shall cease until remedial action is agreed upon between the Owner and the authorities responsible, and carried out so that permissible levels are again achieved. 12. RELOCATION OF SERVICES The Owner agrees that in the event of relocation of any of the Municipality's services as a result of the development of the subject land shown on the said Schedules, including hydro, water, gas and telephone, same shall be at the Owner's expense. 13. REGISTRATION AND ENFORCEMENT The Owner agrees that the Municipality may register this Agreement or notice thereof against the title to the subject lands and that the Municipality may enforce provisions of this Agreement against the Owner of the subject lands and against all subsequent owners of the subject lands. The Owner further agrees to reimburse the Municipality for all reasonable legal fees and disbursements in connection with the registration of this Agreement. Site Plan Agreement Page 7 of 16

8 14. PERFORMANCE GUARANTEE The Owner agrees that prior to the issuance of any building permit, it shall post with the Municipality in the form of an irrevocable letter of credit, issued by a Canadian chartered bank, in a form satisfactory to the Municipality in the amount of $20, USE OF PERFORMANCE GUARANTEE The Owner agrees that the Municipality may, at any time or times, by resolution of Municipal Council, authorize the use of all or part of any performance guarantee if the Owner fails to pay any costs payable by the Owner or if the Owner fails to construct and/or maintain any structures or facilities, including all landscaping and planting material, or does not completely and promptly fulfil any other obligation required under this Agreement. 16. REDUCTION OF PERFORMANCE GUARANTEE The Owner agrees to complete the facilities required by this agreement and, upon completion of same to the satisfaction of the Municipality, the Municipality shall reduce the required letter of credit by direction to the issuing chartered bank to an amount not less than $5,000, which amount shall remain outstanding as maintenance guarantee for twelve (12) months following completion. On the expiration of the said twelve (12) months, the unused portion of the maintenance guarantee will be refunded to the Owner, provided that the Owner has met all requirements of this Agreement 17. CERTIFICATE Upon completion of all the external structures and facilities, the Owner's Engineer shall provide the Municipality with a certificate certifying that the development and all facilities referenced in this agreement have been duly constructed and are in accordance with all plans. 18. INDEMNIFICATION The Owner covenants and agrees with the Municipality to indemnify and save harmless the Municipality from any action for damages or otherwise, and for all costs as a result of any injury howsoever caused to any other person or person's property as a result of the construction, use, and maintenance of the subject lands. 19. CASH IN LIEU OF CONVEYANCE Site Plan Agreement Page 8 of 16

9 N/A 20. DEVELOPMENT CHARGES The Owner agrees to pay the applicable development charges in accordance with the Municipality s Development Charge By-law, as amended, at the time of application for a building permit. 21. PERMIT The Municipality agrees that upon the Owner complying with the provisions of paragraphs 14, 19, 20 and 22 herein, a building permit will be issued to the Owner subject to payment of the usual permit fees and any other fees which are payable under any by-law currently in force in the Municipality and provided that all building plans comply with the Ontario Building Code and all other Municipal by-laws as may be relevant. 22. LAPSE OF APPROVAL In the event a building permit has not been issued within the period of two (2) years after registration of this agreement, this agreement shall lapse and shall be the subject of renegotiation at the sole option of the Municipality. 23. CONSTRUCTION COMMENCEMENT The Owner agrees to commence construction of any buildings for which a permit may be issued under Paragraph 21 hereof as soon as is reasonably practicable following the issuance of any permit and to complete all construction as quickly as possible, and in any event within twelve (12) months of commencement of construction. 24. NOTIFICATION Any notice which is required to be given by the Municipality to the Owner in respect to this agreement shall be mailed by prepaid registered mail or personally delivered to: Ontario Limited 6829 Dale Rd PO Box 238 PORT HOPE, ON L1A 3W3 or such other address as the Owner has provided by specific written Site Plan Agreement Page 9 of 16

10 notice to the Municipality. Any such notices mailed by prepaid registered mail or personally delivered to the said address shall be deemed to have been received on the fifth business day after the mailing or upon the date of personal delivery. Any notice which is required to be given to the Municipality shall be mailed by prepaid registered mail or personally delivered to: Clerk The Corporation of the Municipality of Port Hope Administration Offices 56 Queen Street P.O. Box 117 PORT HOPE, Ontario L1A 3V9 25. OWNER'S EXPENSE 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". 26. REIMBURSEMENT The Owner agrees to reimburse the Municipality for all reasonable administrative, planning, legal, engineering and inspection costs and disbursements incurred by the Municipality or any of its agents in conjunction with the development of the lands as shown on the attached Schedule, without limiting the generality of the foregoing, the preparation, execution, registration and fulfillment of this agreement. The Owner agrees to pay such accounts not later than thirty (30) days following the mailing of the invoice by the Municipality. The Owner agrees to pay interest on any such unpaid amount thirty (30) days following the date of invoice at the rate of 1½% per month. 27. SUCCESSORS AND ASSIGNS This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 28. ACKNOWLEDGEMENT OF MORTGAGEES The Mortgagees agree that this Agreement binds the subject lands and has priority over the said charges (mortgages). Site Plan Agreement Page 10 of 16

11 30. PORT HOPE AREA INITIATIVE The Owner hereby acknowledges notice of the Port Hope Area Initiative and the Property Value Protection Program. Schedule C sets out some information with respect thereto. Additional information can be obtained through the contact details provided on Schedule C. In the event of the sale of this property, the owner agrees to notify each purchaser of the Port Hope Area Initiative before a binding agreement of purchase and sale is concluded. 31. SUPERCEDES Upon completion of the above referenced development this agreement supercedes the aforesaid December 24, 1987 agreement insofar as the Owner and the Municipality are concerned Site Plan Agreement Page 11 of 16

12 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their respective signing officers duly authorized ONTARIO LIMITED Per: Per: WITNESS GRAHAM B. CHAPMAN WITNESS SUSAN M. CHAPMAN THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE Rick Austin Mayor Frances M. Aird Clerk ROYAL BANK OF CANADA Per: Per: Site Plan Agreement Page 12 of 16

13 SCHEDULE A Part of Lot 1, Concession 2, Township of Hope, County of Northumberland designated as Parts 1 and 2 on Plan 9R-1955 Site Plan Agreement Page 13 of 16

14 SCHEDULE B Drawing No. A-1 Site Plan Prepared by Bel-Con Engineering Ltd., dated June 09, 2004, Revision 5 Site Plan Agreement Page 14 of 16

15 SCHEDULE C PORT HOPE AREA INITIATIVE THE PORT HOPE PROJECT From 1932 to 1988, radium and uranium refining was Port Hope s major economic activity. In the 1980s, the federal government completed a major environmental clean-up in Port Hope, removing contaminated materials to a storage facility in Chalk River. Some low-level radioactive waste remained in the Municipality and was secured by the federal government in licensed and unlicensed locations. Now, as part of a community-based initiative, called the Port Hope Project, the remaining contaminated waste is proposed to be moved by the federal government to a long-term, engineered management facility / facilities pending the results of an Environmental Assessment. The map below identifies the proposed waste management facility site(s) for the Port Hope and Port Granby Projects both part of the PHAI. The Port Hope Project is unlikely to have an effect on the value of most properties located within the PVP Zone. Since the PVP was announced on October 1, 2001, the Port Hope Initiative has not resulted in a general decline in Property values. During the Project s construction phase, there will be an increase in trucks carrying materials to and from the waste management and remediation sites, which may have a temporary impact on property values along the trucking routes. Site Plan Agreement Page 15 of 16

16 The Property Value Protection Program The home you are buying is covered by the Property Value Protection (PVP) Program as part of the Port Hope Project, under the Port Hope Area Initiative (PHAI). The PVP Program protects your investment in the value of your home or land until the Port Hope Project is completed, and for two years beyond that. The PVP Program was established to compensate property owners in the PVP Zone (see map above) if they realize a loss on the sale or rental of their properties as a result of activities related to the PHAI. The PVP Zone Property owners who live within the area shown on the map are eligible to apply for compensation under the PVP Program. The Zone boundaries are: on the west - a line 300m west of the western limit of Newtonville Road; on the north a line 300 m north of the northern limit of Durham Highway/County Road 2 and Dale Road; on the east the eastern boundary of the Municipality of Port Hope; and on the south the shoreline of Lake Ontario. How does the PVP compensation process work? Once a property owner submits a claim, the PVP Program office reviews the information and analyzes the selling prices of similar properties within and outside the PVP Zone. In the majority of cases for properties valued under $250,000, claimants can expect to be notified of the decision within 15 business days. When a claim is approved, the PVP office issues a cheque for compensation. If a claim is denied, the office provides a written explanation, and the claimant may proceed to the appeal process, involving mediation and/or arbitration. No fees are involved. ADDITIONAL INFORMATION If you would like more information about the Port Hope Project or the Property Value Protection Program, please phone, visit or write to the following offices: Project Information Exchange Property Value Protection Program 110 Walton Street, Box Walton Street, Suite 3 (2 nd floor) Port Hope, ON L1A 3V9 Port Hope, ON L1A 1N1 Telephone: Telephone: Toll free: info@llrwmo.org Site Plan Agreement Page 16 of 16