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09 10 2008 Council AgendaTOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, SEPTEMBER 10, 2008 TIME: 7:00 P.M. 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER/CONTEMPLATION/REFLECTION 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Special Council Meeting of August 13, 2008. 7. RECOGNITION OF ACHIEVEMENTS: a} Raymond Gallery, President, Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), re: Longstanding Commitment Recognition to Paul Gravelle. 8. PUBLIC MEETINGS: a) 7:00 p.m. Proposed Amendment to Fees and Charges By-Law, "A By-law of The Corporation of the Township of Oro-Medonte to Provide for the Imposition of Fees or Charges" [Refer to Item 18e)]. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: a) Report No. DS 2008-55, Andria Leigh, Director of Development Services, re: Zoning By-law Amendment 2008-ZBA-09, (G. Kumpula), Part of Lot 56, Concession 2, (Medonte), Township of Oro-Medonte [Refer to Item 18m)]. b) Report No. DS 2008-58, Andria Leigh, Director of Development Services, re: Site Plan Agreement and Removal of Hold, 2008-SPA-07, (Adam Duivenvoorden}, Part of Lot 15, Concession 5, Being Part 1 on Plan 51 R-35353 (Medonte}, Township of Oro- Medonte, Being all of PIN 58525-0173 (LT), 5379 Line 4 North [Refer to Items 18k) & I). c) Report No. DS 2008-59, Andria Leigh, Director of Development Services, re: Site Plan Agreement 2008-SPA-06 {Ben Ramona) Lot 8, Plan, 1441, Concession 10, Being all of PIN 58549-0087 {LT), 17 Booth Street, Roll # 4346-010-010-42500, and Lot 9, Plan, 1441, Concession 10 Being all of PIN 58549-0088 (LT), 19 Booth Street [Refer to Item 18n)]. d) Report No. DS 2008-50, Glenn White, Senior Planner, re: Zoning By-law Amendment 2008-ZBA-02 (Ron McGowan) Part of Lots 1 & 2, Range 2, 2243 Ridge Road West. e) Report No. DS 2008-60, Andria Leigh, Director of Development Services, re: Site Plan Agreement and Removal of Hold 2008-SPA-04 {Chris Guest), 17 Pemberton Lane, Part of Lot 1, Range 2, Part 5, 51 R-31725, Being all of PIN 58554-0101 {LT), Roll # 4346-010-007-08500 [Refer to Items 18 0) & p)]. f) Andria Leigh, Director of Development Services, re: Craighurst Secondary Plan Response. 11. REPORTS OF MEMBERS OF COUNCIL: a) Councillor Agnew, correspondence dated August 19, 2008 from AMO re: Climate Change and Engineering Symposium, October 16, 2008, Ontario Science Centre, Toronto. b) Councillor Coutanche, correspondence dated August 25, 2008 from City of Oshawa, re: 2008 Provincial Environmental Advisory Committee Symposium, October 3 and 4, 2008, Oshawa. c) Councillor Coutanche, correspondence dated August 28, 2008 from Judy Sutherland, President, Horseshoe Valley Property Owners Association re: Annual General Meeting, October 18, 2008, Horseshoe Resort, Alpine Room. 12. REPORTS OF COMMITTEES: a) Committee of the Whole minutes, meeting held on August 13, 200$. b) Committee of the Whole minutes, meeting held on September 3, 2008. c) Planning Advisory Committee minutes, meeting held on August 18, 2008. d) Committee of Adjustment minutes, meeting held on August 21, 2008. e) Site Plan Control Technical Support Group minutes, meeting held on August 26, 2008. f) Recreation Technical Support Group minutes, meeting held on September 4, 2008. 13. CONSENT AGENDA: None. 14. COMMUNICATIONS: a) Tim Crawford, correspondence dated September 3, 2008 re: C.R.A. Developments Ltd., 51 R-36216 and Application 2008-B-11 to 2008-8-16, Committee of Adjustment Decision. b) Brian Smith, Director of Information Technology, County of Simcoe, correspondence dated August 17, 2008 re: Rural Connections Opportunity. 15. NOTICE OF MOTIONS: None. 16.MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17.IN-CAMERA ITEMS: a) Robin Dunn, Chief Administrative Officer re: Personal Matter (OMEGA member) [from September 3, 2008 meeting]. b) Doug Irwin, Director of Corporate Services/Clerk re: Property Matter (Unopened Section of Bay Street). 18. BY-LAWS: a) By-Law No. 2008-104 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte (Oro-Medonte Biosolids Storage Facility Expansion, Contract No. 2007-06) and The Corporation of The City of Barrie described as lands as follows: Part of the West Half of Lot 17, Concession 7 (Oro) Being Part 1 of Plan 51 R-17024, Part 1 of Plan 51 R-22925 and Parts 1 and 2 of Plan 51 R- 15328. Being all of PIN #58546-0050 (Lt) Roll #4346-010- 003-25301, Township of Oro-Medonte, County of Simcoe. b) By-Law No. 2008-105 A By-law to Amend By-Law No. 2008-069, "Being a By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas". c) By-Law No. 2008-106 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro- Medonte and Moss Development Ltd. described as lands as follows: Part of Lat 11, Concession 2 E. P. R. and Part of the Original Raad Allowance Between Lots 11 & `A', Concession 2 as closed by By-law Oro18994 being Part 2, 51 R-2282, except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T1V1( R0487177, being all of PIN #58544-0140 (Lt) Tawnship of Oro-Medonte (Geographic Township of Ora), County of Simcoe. d) By-Law No. 2008-107 Being a By-Law to Authorize the Execution of an Agreement Between the Tawnship of Oro-Medonte and Don Creech to Allow for Temporary Residency in a Trailer. e) By-Law Na. 2008-108 A By-Law to Amend By-Law, 2008-065, "A By-law of The Corporation of the Township of Ora-Medonte to Provide for the Imposition of Fees or Charges" (Fees and Charges By- law). f) By-Law No. 2008-110 A By-law to amend the zoning provisions which apply to lands within Plan M-367, Block 86, Concession 7 (Former Township of Oro), now in the Township of Oro-Medonte (Indian Park Association 2008-ZBA-07). g) By-Law No. 2008-111 Being a By-law to Authorize the Execution of a Temporary Use By-Law Agreement (Garden Suite) Between the Township of Oro-Medonte and Brent Hale, described as South Part of Lot 16, Concession 3, (Medonte), Township of Oro-Medonte, County of Simcoe. h) By-Law No. 2008-112 A By-law to Allow a Temporary Use for a Garden Suite by Robert and Eleanor Hale (Brent Hale) on certain lands described as South Part of Lot 16, Concession 3 (Medonte), Tawnship of Ora-Medonte, County of Simcoe, (municipally known as 1310 Moonstone Road West) under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended Roll # 4346-020-007-00100. i) By-Law No. 2008-113 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Linda Sherwood to Allow for Temporary Residency in the Existing Dwelling Located at West Part of Lat 16, Concession 2 (Orillia), Township of Oro-Medonte, 327 Line 15 South. j) By-Law No. 2008-114 A By-Law to Appoint a Deputy Treasurer. k) By-Law No. 200$-115 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Adam Duivenvoorden described as lands as follows: Part of Lot 15, Concession 5 (Oro) Being Part 1 of Plan 51 R-35353, Being all of PIN #58525-0173 (Lt) Rall #4346-020-002-07710, Township of Ora-Medonte, County of Simcoe. I) By-Law No. 2008-116 Being a By-law to remove the Holding symbol applying to lands located at 5379 Line 4 North, Part of Lot 15, Concession 5, Being Part 1 on Plan 51 R-35353 (Medonte), Township of Oro-Medonte, Being all of PIN 58525-0173 (LT) Roll # 4346-020-002-07710 (Duivenvoorden}. m) By-Law No. 2008-117 A By-law to amend the zoning provisions which apply to lands within Part of Lot 56, Concession 2, {Medonte), now in the Township of Ora-Medonte (Kumpula 2008-ZBA-09). n) By-Law No. 2008-118 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Ben Ramona described as lands as follows: Lot 8, Plan, 1441, Concession 10, Being all of PIN 58549- 0087 (LT) 17 Booth Street, Roll # 4346-010-010-42500 -and- Lot 9, Plan, 1441, Concession 10, Being all of PIN 58549- 0088 (LT} 19 Booth Street, Roll # 4346-010-010-42600 Township of Oro-Medonte, County of Simcoe. o) By-Law No. 2008-119 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Chris Guest described as lands as follows: Part of Lot 1, Range 2, Part 5, 51 R-31725, Being all of PIN 58554-0101 (LT)}, 17 Pemberton Lane, Roll # 4346-010-007- 08500, Township of Ora-Medonte, County of Simcoe. p) By-Law No. 2008-120 Being a By-law to remove the Holding symbol applying to lands located at 17 Pemberton Lane, Part of Lot 1, Range 2, Part 5, 51 R-31725 ,Being all of PIN 58554-0101 (LT)), Roll # 4346-010-007-08500 (Guest). q} By-Law No. 2008-121 A By-Law to Change the Zoning on the lands within Part of Lot 2, Range 2, Part of the West Part of Lot 1, Range 2, being Part 3 on RP 51 R-4441, (Oro), Township of Oro- Medonte, County of Simcoe. 19. CONFIRMATION BY-LAW NO. 2008-103 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT July 29, 2008 ° `t~.=} 4~ .ih~ .. Mac'or Ha~v S. Hu rhes ~ ~~~ - J J ~ ':~_ ~ _ P ~ Township of Oro - Medonte ~ ~~-%r~' ~.~~;~' P.O. Box 100 ~ ~c_:,`~. ~~~1~~~' 148 Line 7 South Oro, ON LOL 2X0 Dear Mayor F-lughes: AMCTO (Association of Municipal Managers, Clerks and Treasurers of Ontario) recognizes the importance of celebrating the achievements of our members. To this end, AMCTO annually recognizes its members - in 10 year increments -for longstanding commitment to the Association and to the municipal profession. A certificate recog~aizing each member's years of service to AMCTO has been forwarded to them directly. This year in your municipality, we acknowledge the commitment of the following valued merriber of your staffs Paul A. Gravelle AMCT 20 year award We ask you to assist us in recognizing this individual for their ongoing support for the Association and for the part they continue to play in helping to improve the municipal profession and in making AMCTO the leading organization in fostering and sustaining municipal excellence. Our sincere gratitude to you for your continued support for this valued AMCTO member and dedicated employees of your organization. We trust that your municipality has tremendously benefited from their membership in AMCTO and we are confident that it will continue to do so, Sincerely, ' ``z7 Raymond D. Gallery, CMO President ~~ A,_ - _ TC)VIINSHIP C)F QRO-MED4NTE .~~~ ._r ~ REPCJRT ~: ~ ~._ Report No. To: Council Prepared By: DS 2008-055 Glenn White Senior Planner Meeting Date: Subject: Zoning By-law Motion # September 10, 2008 Amendment 2008-ZBA-09 (G Kumpula) Roll #: . Part of Lot 56, Concession 2 R.M.S. File #: 4346-020-001-20303 (formerly Medonte) RECOMMENDATION(S): Requires Action X For Information Only It is recommended: 1. THAT Report DS 2008-055 be received and adopted; and 2. THAT Zoning By-law Amendment Application 2008-ZBA-09 for G. Kumpula, Part of Lat 56, Concession 2, Township of Oro-Medonte, (former Township of Medonte) on Schedule A20 of the Zoning By-law 97-95 (as amended) from Environmental Protection (EP) Zone to AgriculturaURural (A/RU) Zone be approved. 3. That the Clerk bring forward the appropriate By-law far Council's consideration. 'BACKGROUND: i ne purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by G. Kumpula. This rezoning application has been submitted to amend the zoning of a parcel of land from the Environmental Protection (EP) Zone to AgriculturaURural (A/RU) Zone in order to correct a mapping error contained on Schedule A20 of Zoning By-law 97-95, as amended. The applicant's lands are located on the north side of Mount St. Louis Road West and east of the Hydra corridor being Part of Lot 56, Concession 2. A public meeting was held on August 13, 2008 to receive comments from members of the public and relevant agencies. The application was circulated to internal Township Departments and outside agencies, and no concerns were raised. ANALYSIS: The Zoning By-law Amendment Application is proposed to change the zoning of the subject parcel from Environmental Protection (EP) Zone to Agricultural/Rural Zone. The DEVELOPMENT SERVICES Meeting Date September 10, 2008 Report No. DS 2008-055 Page 1 of 4 applicant brought to the attention of Planning staff that a letter was given to him from staff in 1999 that indicated that his lands should have been zoned AgriculturallRural (A/RU) in accordance with By-law 1990-22, the farmer Medonte Zoning By-law. By-law 97-95 did not recognize the farmer Agricultural/Rural (A/RU} Zone. It is noted that the Ministry of Natural Resources had included the lands subject to this application as part of the Provincially Significant Wetlands boundary (Capeland- Craighurst-Guthrie wetland) which surrounds the lands to the north and east. A site visit was conducted in conjunction MNR staff, Township Planning staff and the applicant's consultants to determine if there were any lands which could be eliminated from the Provincially Significant Wetland (PSW) boundaries. On site, it was agreed that there was an area of dry uplands and that this area was deemed as an appropriate location for a building envelope. It was also agreed that Ministry staff would make the small amendment to the MNR wetland boundary mapping as agreed to on site. This mapping change was completed in February of 2008. The dry upland area found during the site visit was generally the same lands identified by the previous By-law 1990-22. The site visit confirmed there was a mapping error contained in By-law 97-95. Staff had originally proposed that this mapping error could be dealt with during the general by-law review of the Environmental Protection (EP} Zone. The applicant preferred to do the mapping change now and not be included in the general By-law review; given the potential appeal process which could occur with the number of properties included in the general review. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Township of Ora-Medonte Official Plan: The subject property is designated "Environmental Protection One" by Schedule "A" of the Official Plan. This designation would have been applied to the subject lands because of the Provincially Significant Wetlands (Copeland-Craighurst-Guthrie wetland} surrounding the lands to the north and west. Since the Ministry of Natural Resources has now amended its mapping and agreed that the subject lands should not be included in the wetland boundary, the new proposed Agricultural/Rural zoning would be in keeping this policy change. The Environmental Protection One designation is not necessary far the subject lands. The Official Plan designation for this portion of the property is intended to be revised during the Official Plan review and update process necessary for conformity with the new Provincial and proposed County of Simcoe Official Plan policies later this year/early next year. Zoning By-law 97-95: The subject parcel of land is approximately 2.75 hectares (6.8 acres) in area and has approximately 318 metres of frontage onto Mount Saint Louis Road West. By-law 97-95 DEVELOPMENT SERVICES Meeting Date September 10, 2008 Report No. DS 2008-055 Page 2 of 4 ` requires a minimum lot area of 0.4ha for a single detached dwelling use in an Agricultural/Rural Zone. Further, By-law 97-95 requires a minimum lot frontage of 45.0 ~. metres far a single detached dwelling use. The lot area and lot frontage of the proposed lands to be zoned Agricultural/Rural (A/RU) Zone exceed the minimum requirements of the Zoning By-law. It is noted that other parcels of land utilized for single detached dwellings are zoned Agricultural/Rural Zone. The proposed land of this Zoning Amendment conforms to the standards of By-law 97-95. CONSULTATIONS: No concerns were given by both internal and external Agencies. Consultations occurred with both the Ministry of Natural resources and the Nottawasaga Valley Conservation Authority. Favorable comments were received from the Nottawasaga Valley Conservation Authority far the Public Meeting on August 13, 2008. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Proposed Zoning By-law attached CONCLUSION: ~ he proposed honing By-law Amendment is to correct a mapping error which was not addressed originally during the adoption of Zoning By-law 97-95. As a result of the site visit conducted by Township staff, MNR staff and the applicant's consultants, it was determined and agreed that the MNR Provincially Significant Wetlands boundary mapping would be amended to remove the proposed lands from the wetland boundary. It was agreed that the removal of the proposed land from the PSW boundary would affect the overall integrity of the wetland. The MNR mapping has been amended. The proposed Zoning By-law Amendment generally meets the intent of the Official Plan and the provisions of the Zoning By-law. On this basis, it is recommended that Zoning By- law Amendment Application 2008-ZBA-09 be approved and adopted by Council. Respectfully submitted: Glenn White, MCIP, RPP Senior Planner Department Head Comments: Department Head Approval: ~~ Date: DEVELOPMENT SERVICES Meeting Date September 10, 2008 Report No. DS 2008-055 Page 3 of 4 C.A.O. Comments: C.AA. Approval -~ ,~ .~ = _ ~~ Date: ~. SCHEDULE 1: ~QCATION MAP _- ~~ I, ~,v ~ _~- - _ --_- - s _~_____. ___~ - _~ --- _ ~ I =--- --~- ~~ ~ -=-_=~ W z i J ( ~ ~_ _ ' I _ w -` ~ "-la1C)i;~d 1 SAINT LGUIS' Q ---~-- ---~ ~ 1 J -- 4 ~ 1 it N Z J F~ ~ _~ i I II, ! LANQS TO BE RE-ZONED FROM ENVIRONMENTAL PRG?TECTION {EP) ZONE TO AGRICULTURAtJRURAL {A/RU) 0 87:5175 350 525 700 ZONE ' Meters DEVELOPMENT SERVICES Meeting Date September 10, 2008 Report No. DS 2008-055 Page 4 of 4 '~~ . ~ ~ ~~, ,, TOVIINSNCP QF C.?l~4-MEDt~NTE r ~ REPQRT Report No. To: Council Prepared By: DS 2008-058 Andria Leigh, Director of Development Services Meeting Date: Subject: Site Plan Agreement Motion # September 10, 2008 and removal of Hold 2008-SPA-07 Roll #: (Adam Duivenvoorden) R.M.S. File #: D11 38255 4346-020-002-07710 Part of Lot 15, Concession 5, Being Part 1 on Plan 518- 35353 Medonte; ORO-MEDONTE Being all of PIN 5$525-0173 (LT) 5379 Line 4 North RECOMMENDATION{S): Requires Action Far Information Only It is recommended: 1. THAT Report No. DS 2008-058 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Adam Duivenvoorden to permit a single detached dwelling at 5379 Line 4 North. 3. THAT the Clerk prepares a By-law for Council's consideration to enter into a Site Plan Agreement with Adam Duivenvoorden. 4. THAT the Clerk prepare a By-law for Council's consideration to remove the Holding Symbol from lands described as 5379 Line 4 North, Part of Lot 15, Concession 5, Being Part 1 on Plan 51 R-35353 Medonte; ORO-MEDONTE Being all of PIN 58525- 0173 (LT). 5. AND THAT the owner be notified of Council's decision. BAGKGROUND: The applicant has been previously the subject of a Consent Application (2005-8-52) which was approved by the Committee of Adjustment in February 2007 and a Condition of Consent Rezoning which was approved by Council in December 2007. The zoning now in effect on the subject lands is Rural Residential Two Holding (RUR2 (H}). As such, the owner must enter into a Site Plan Agreement prior to the removal of the Holding Symbol and issuance of a Building Permit. PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-058 Page 1 of 4 ANALYSIS: The subject lands are zoned Rural Residential Two (Hold} (RUR2 (H)) Zone; the Hold was applied to these lands as part of the rezoning application when an EIS was prepared on behalf of the applicant and identified several natural features on the proposed lot that were worthy of protection. In particular, an endangered tree species (Butternut) and watercourse were discovered on the subject lands. The Hold provision required the applicant to enter into a Site Plan Agreement with the Township to ensure that the above-mentioned natural features were preserved. As noted below, a permit has been issued by the Nottawasaga Valley Conservation Authority (NVCA) based on the site plan submitted and reviewed by the Site Plan Committee and therefore. approval of the site plan agreement and removal of the Holding provisions which was applied to ensure NVCA approval and review is now considered appropriate. Permitted uses in the RUR2 (H) Zone include single detached dwellings and accessory buildings. As such, the applicant's proposal to construct a dwelling would constitute a permitted use. The proposed dwelling complies with all setbacks as required by Zoning By-law 97-95. FINANCIAL: NIA. POLICIESlLEGISLATION: Township of Oro-Medonte Official Plan Township of Ora-Medonte Zoning By-law 97-95 The Planning Act, Section 36 CONSULTATIONS: A Site Plan Control Technical Committee Meeting was held on August 26, 2008. The meeting was attended by the applicants. No concerns were raised by Township staff at this meeting. A permit (# 2008-7936) for the proposed dwelling has also been issued from the Nottawasaga Valley Conservation Authority. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Agreement PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-058 Page 2 of 4 y° CONCLUSION: The application to construct a dwelling constitutes a permitted use and would comply with all requirements of the Rural Residential Two (RUR2 (H)) Zone. It is recommended that Site Plan Application 2008-SPA-07 be approved. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services Department Head Comments: Dept. Head Approval: C.A.O. Comments: Date: C.A.O. Approval: -' ' _- ~'"'° Date: ~- SCHEDU[_E 1: LOCATION MAP PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-058 Page 3 of 4 200-SPA-07 {DUIVENVOORDEN) ~ w ' Q" ~~~~ ~~ G ~~~ ~. J , _ ! C}C}N TC3 ~ _ ` GTHERLANDS GINNED BY APPLICANT A1R11 ~GNE -^'" LANDS SLIBJEGT `I TG HGLDING I PRGVISION ~ w ,! i ,~ PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-058 Page 4 of 4 C~5 (lX~~ `-~" ~~ TC?WNSHIP DF ORQ-MEDONTE r - REPORT Report No. To: Council Prepared By: DS 2008-059 Andria Leigh, MCIP, RPP Meeting Date: Subject: Site Plan Agreement Motion # September 10, 2008 2008-SPA-06 {Ben Ramolla) Lat 8 Plan 1441 Concession Roll #: , , , 10, Being all of PIN 58549- R.M.S. File #: D11 38239 4346-010-010-42500 OOg~ (LT), 17 Booth Street, 4346-010-010-42600 Roll # 4346-010-010-42500, and Lot 9, Plan, 1441, Concession 10 Being all of PIN 58549-0088 (LT), 19 Booth Street RECOMMENDATION{S): Requires Action XO For Information Only It is recommended: 1. THAT Report No. DS 2008-059 be received and adopted. 2. THAT the Township of Oro-Medonte enter into a Site Plan Agreement with Ben Ramolla to construct a new 276 square metre accessory storage building to the Ben's Marine building at 17-19 Booth Street. 3. THAT the Clerk prepares a By-law for Council's consideration to enter into a Site Plan Agreement with Ben Ramolla for the lands described as Lot 8, Plan, 1441, Concession 10, Being all of PIN 58549-0087 (LT), 17 Booth Street, Roll # 4346-010- 010-42500, and Lot 9, Plan, 1441, Concession 10, Being all of PIN 58549-0088 (LT), 19 Booth Street, Roll # 4346-010-010-42600 4. AND THAT the owners be notified of Council's decision. BACKGROUND: The owner is proposing to construct a new 276 square metre accessory storage building associated with the existing Ben's Marine commercial building for the storage of boats and supplies. ANALYSIS: The subject lands are designated "Commercial" by the Official Plan. Section C9.2 of the OP lists permitted uses for the Commercial designation, and includes "uses which are PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-059 Page 1 of 5 primarily oriented to vehicular traffic using Highways 11 and 12. Such uses may include service stations, new vehicle dealerships...[and] recreational establishments...". As such, the use of the lands for the sale and display of boats would therefore comply with the policies of the Official Plan. The subject lands are zoned General Commercial {GC) Zane, where "Marine Sales and Service Establishments" is listed as being a permitted use. Staff has reviewed the application, where the site plan drawings were deemed to comply with all required setbacks, parking, and other provisions as required by the Zoning By-law, Township Site Plan guidelines, and with Section 41 of the Planning Act. FINANCIAL: N/A. POLICIES/LEGISLATION: Township of Oro-Medonte Official Plan Township of Ora-Medonte Zoning By-law 97-95 The Planning Act, Section 41 CONSULTATIONS: A Site Plan Control Technical Committee Meeting was held on August 26, 2008, and was attended by the applicant and applicant's architect. No concerns were raised by staff at this meeting. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan CONCLUSION: The application to construct a new 276 square metre accessory commercial storage building constitutes a permitted use, and complies with the requirements of the General Commercial {GC) Zone. It is recommended that Site Plan Application 2008-SPA-06 be approved. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-059 Page 2 of 5 C.A.Q. Comments: C.A.O. Approval: ~ ~.~... Date: PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-059 Page 3 of 5 SCHEDULE 1: LUCATI{~N MAP 2008-SPA-06 {BEN RAMQL~A) PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-059 Page 4 of 5 SCHEDULE 2: SITE PLAN 2008-SPA-Q6 (BEN RAMQ~~A} .~,," ~` ~. i ~ aE£1 inua~ z._.~. .., e •~ ~~ ~ "~ / ~ ~. ^~ tt~ ,.,~ i ~ ~ F~ ~t 1 `d. ' ~6 .,. ~{ *^ G S (HMO ~ Y s ~ r.,, ,..,.~ ,r - = b ' w.uf >~r ~ ° t ~ - ~Y t ~ ~ - ,` ' i t I ~r' P~~~ ,r ( (S ~ { 4~~ ~ ~ 6osi tw pn~nAr ti ~' N ~- ~ ~ i - r _ O ~ ~ .. ~ ,,a ~h...~~ . . ' ~ . ..~.~ ~ ~~,y eT ., " ~- t"" I_. ~ t'''oF ~ .. >n as ~~T 2, ___. __ SJ.82 sTOr+ACE eua>~Nc i7 @QOTN ST. RR2 NAM145TtkVE 6R0-MEDON/E 9TE PLAN Cp~j P<_ANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-059 Page 5 of 5 of uu,, <> T(JWtVSHIP 4F OR©-MED4NTE REPC}RT Report No. To: Council Prepared By: DS 2008-050 Glenn White, MCIP, RPP, Senior Planner Meeting Date: Subject: Zoning By-law Motion # September 10, 2008 Amendment 2008-ZBA-02 (Ron McGowan) Roll #: Part of Lots 1 & 2, Range 2 R.M.S. File #: D14 37473 4346-010-007-10300 2243 Ridge Road West RECOMMENDATION(S): Requires Action X For Information Only It is recommended: 1. THAT Report DS 2008-050 be received and adopted; and 2. THAT Zoning By-law Amendment Application 200$-ZBA-02 far Ron McGowan, Part of Lots 1 & 2, Range 2, 2243 Ridge Road West, Township of Oro-Medante, (Farmer Township of Ora) on Schedule A2 on the Zoning By-law 97-95 (as amended) from Residential Limited Service Holding (RLS (H)) Zone to Shoreline Residential (SR) Zone be approved. 3. THAT the Clerk bring forward the appropriate By-law for Council's consideration. BACKGROUND: The purpose of this report is to consider a proposed Zoning By-law Amendment Application submitted by Ron McGowan on December 17, 2007. This rezoning application has been submitted to fulfill a condition of approval far Consent Application 2007-8-17, which was granted by the Committee of Adjustment on November 15, 2007. The applicant's lands are located south of Ridge Road .West and west of Bay Street, being Part of Lots 1 & 2, Range 2. A public meeting was held on June 11, 2008 to receive comments from members of the public and relevant agencies. Comments received from relevant agencies are reviewed in the "Consultations" section of this report. At the June 11, 2008 public meeting, two separate letters were received from area residents. The letters raised similar comments regarding environmental issues, protection of woodlands, the property is already zoned residential so a change is not necessary and that the residents had not received confirmation that the Township would PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-050 Page 1 of 6 give the Couchiching Conservancy any of the surplus part of the road allowance between Bay Street and the Ridge Road. ANALYSIS: The Zoning By-law Amendment Application is proposed to rezone the lot from the Residential t_imited Service *Hald (RLS*N) Zane to the Shoreline Residential (SR) Zone to fulfill the condition of consent as approved by the Committee of Adjustment, and to recognize that the proposed severed and retained lands will front an a future municipal rand, to be constructed by the applicant, also as a condition of consent. The propased retained lands contains a single detached dwelling and accessory building, which are currently accessed via an existing shared driveway that runs south from Ridge Road. The proposed severed lot is vacant, with intent of the future construction of a single detached dwelling, which constitutes a permitted use in both the current RLS*H and propased SR Zones. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Township of Oro-Medonte Official Plan: The lands subject to this application are partially contained within two land use designations: the proposed retained parcel is wholly designated Rural, while the proposed severed lot is partially designated Rural, and partially designated Rural Settlement Area. However, as the proposed severed lot and subsequent development of a residential dwelling will occur within the portion of lands having the Rural Settlement Area designation, it is on this land use policy that the severance was approved. The future single detached dwelling would take place within the Rural Settlement Area designation, and therefore would constitute a permitted use by policies of the Official Plan. A single detached dwelling use is permitted in bath the Rural and Rural Settlement Area designations. The proposed zoning reflects the permitted residential use of the Official Plan designations. Zoning By-law 97-95: The applicant's lands are presently zoned Residential Limited Service *Hold (RLS*H} Zone to reflect the present situation that the lands front onto a private road not a municipal road. The proposed severed lot would consist of approximately 1.0 hectares, and would have 30 metres of frontage on the new municipal road to be constructed by the applicant, proposed to extend southerly from Ridge Road. The proposed retained lands would consist of approximately 1.4 hectares, and maintain 32 metres of frontage an the proposed new municipal road. With respect to severance policies contained in the Official Plan, Section D2.2.1 d) indicates that that the severed and retained lots PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-050 Page 2 of 6 "[have] adequate size and frontage for the proposed use in accordance with the Zoning By-law..." The SR Zone requires a minimum lot frontage of 30 metres, and a minimum lot area of 0.2 hectares for a residential use. As such, the proposed severed and retained lots would comply with the minimum requirements of the Shoreline Residential Zone. The proposed zoning of Shoreline Residential (SR) Zane is consistent with other properties adjacent to Lake Simcoe and fronting onto a municipal road. CONSULTATIONS: Several external agencies were consulted with respect to the original consent application. With respect to the proximity of Lake Simcoe, the Lake Simcoe Region Conservation Authority (LSRCA) provided comments indicating "no objection" to the creation of a new lot, and that a development permit would be required for the future construction of a dwelling on the severed lot,. as the southern portion of these lands fall within the "regulated area" limits. The County of Simcoe also indicated "no objection" to the creation of a new lot by way of severance. With respect to the proposed road to run southerly from Ridge Road West to provide frontage for the severed and retained lands, the County also indicated they would support the municipal road access from Ridge Road over the current unopened municipal road allowance and advised that they would require the Township to apply for an entrance permit and provide all engineering design drawings to the County for review. This requirement and all associated costs will be borne by the applicant, where the proposed new road would then be assumed and thence maintained in future by the Township. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Rezoning Proposal CONCLUSION: The proposed Zoning By-law Amendment conforms to the general intent of the Official Plan and the provisions of the Zoning By-law. On this basis, it is recommended that Zoning By-law Amendment Application 2008-ZBA-02 be approved and adopted by Council. Respectfully submitted: Glenn White, MCIP, RPP Senior Planner PANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-050 Page 3 of 6 Department Head Comments: Department Nead Approval: ~ Date: S6~-; ~ ~y ~ C.A.O. Comments: C.A.Q. Approval: Date: PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-050 Page 4 of 6 SCHEDULE 1: LOCATION MAP 2008-ZBA-02 (McGowan) IUd-5 s,~~ _ ,_ RED ~A FlC' r B~sswoo ~- ;- ~ W1LLU~~A-' -- MARTINE i ~ ~ ~ r ~ I eqy o~ ~ i ~~ SUBJECT LANDS 2243 RIDGE RC)AD WEST SHANTY BAY SCHEDULE 2: REZONING PROPOSAL PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-050 Page 5 of 6 2008-ZBA-02 (McGowan) -o~_ ~ - _- -- - -- R1fl _ ____ ~ ~ ~ f1R 1 --- _--- ~ - --- ~ ~ - j ~- _ ~f __ _ ---_ - ~- -- ~ - --- PROPOSED ROAD ____ 1 - -- TO PROVIDE ACCESS TO ~_~ ~~ - SEVERED AND RETAINED LANDS ~ _ ~ ~ 226 METRES LONG ~ -___ ~ j - -- I ~' I ~~ ': ~ 1 rt- ~ rr .rr __.. li SUBJECT LANDS 2243 RIDGE ROAD WEST RETAINED AND SEVERED LANDS TO BE REZONED FROM RLS*H ZONE TO SR ZONE Lake Simcoe ~' PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-050 Page 6 of 6 ,..~. c•+ us,; TOWNSHIP QF t?FiE?-MEDONTE REPt3RT Report No. To: Committee of the Whole Prepared By: DS 2008-060 Andria Leigh Meeting Date: Subject: Site Plan Agreement Motion # September 10, 2008 and Removal of Hold 2008-SPA-04{Chris Guest) Roll #: 17 Pemberton Lane, Part of R.M.S. File #: D11 37810 4346-010-007-08500 Lot 1, Range 2, Part 5, 51 R- 31725, Being all of PIN 58554- 0101 (LT}, Roll # 4346-010-007- 08500 RECOMMENDATION{S}: Requires Action For Information Only It is recommended: 1. THAT Report No. DS 2008-060 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Chris Guest to construct a new two storey dwelling at 17 Pemberton Lane. 3. THAT the Clerk prepares a By-law for Council's consideration to enter into a Site Plan Agreement with Chris Guest. 4. THAT the Clerk prepare a By-law for Council's consideration to remove the Holding Symbol from lands described as 17 Pemberton Lane, Part of Lot 1, Range 2, Part 5, 51 R-31725, Being all of PIN 58554-0101 (LT). 5. AND THAT the owners be notified of Committee's decision. BACKGROUND: The owner is proposing to construct a new two storey dwelling. Application for building permit has been applied far respecting the structure. As Pemberton Lane is not a municipal road, the applicant's dwelling does therefore not have frontage on a municipal road, and is appropriately zoned "RLS (H)". As such, the owner must enter into a Site Plan Agreement prior to the removal of the Holding Symbol and issuance of a Building Permit. PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-060 Page 1 of 4 ANALYSIS: The subject lands are Zoned Residential Limited Service (Hold) (RCS (H)) Zane; the Hold applies to certain lands within the municipality that do not front an a municipally- assumed road. Permitted uses in the RCS {H} Zone include single detached dwellings, accessary buildings, and boathouses. As such, the applicant's proposal to construct a new dwelling would constitute a permitted use. The proposed dwelling would comply with all other setbacks as required by Zoning By- law 97-95. FINANCIAL: N/A. POLICIESILEGISLATION: Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law 97-95 The Planning Act, Section 36 CONSULTATIONS: A Site Plan Control Technical Committee Meeting was held on August 26, 2008. The meeting was attended by the applicants. No concerns were raised by Township staff at this meeting. ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Agreement CONCLUSION: The application to construct a dwelling constitutes a permitted use and would comply with all requirements of the RLS (H) Zone. It is recommended that Site Plan Application 2008-SPA-04 be approved. PANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-060 Page 2 of 4 Res ectfully submit ed: Andria Leigh, MCIP, RPP Director of Development Services Department Head Comments: Dept. Head Approval: C.A.O. Comments: Date: C.A.O. Approval: ____._ Date: ~` PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-060 Page 3 of 4 SCHEDULE 1: LQCATI©N MAP 2008-SPA-04 (GUEST) HA N-T-Y- BAY R1DG N SUBJECT LANQS 17 PEMBERTON LANE PRIVATE ROAD} LAKE SIMC{JE _~/~~ PLANNING DEPARTMENT Meeting Date September 10, 2008 Report No. DS 2008-060 Page 4 of 4 Oro-Medante Council established a Working Group {not a committee} to enhance communications regarding Craighurst. All four residents of Craighurst who agreed to be included plus the Ward Councillor and the Mayor were officially designated when the membership was revised. It was expected that staff, as determined by the elected members, would act as a resource to the working group. At the first meeting Philip Gaston agreed to be chair and Lynette Mader agreed to act as recording secretary. Through a secondary source, some members of council received a copy of the email sent out on August 12, 2008. As shown in the circulation, the email was not circulated to all members of the Working Group for verification andlor comment before being selectively circulated. Council representatives on the working group have not, as yet, received a copy of the attachments referenced. While it does not appear that this email was intended to be sent out as part of the official capacity of the Working Group's recording secretary, there is no disclaimer, and keeping residents updated is part of the Working Group's function. Consequently, consideration needs to be made to correct facts that are not accurate and to provide additional information to better assist with interpretation. The information provided below is intended for clarification and response to specific highlighted statements identified below from the original August 12 e-mail. ----- Original Message ----- From: ' To: ~ ~~ ~~ ~ __ ; n~+ ~ tram Sosman' ; `Tom Kurtz , _~~ ~~" ~ ~~ i bo~vers~; '~ i~c , _,_,~~~ ~_ ,ympatico.ca ; 'ailan baker" ; 'twat w. ~,' ; ~nvirosc~--~~ ~~ . Pur ~ ~ ~ - - ~ ~ , Sent: Tuesday, August 12, 2008 2:38 PM Subject: Craighurst Secondary Plan update In the interest of keeping people up to date on what's happening with the Craighurst development proposal, I've typed up the following update. Please pass along to others that may be interested. I've used some people's work emails, so pls don't use the reply-all if you want to respond or have any questions as some work places have strict email policies. (My work is pretty easy-going and just asks that we use company email and web access during breaks or after hours.) May 26 -the PAC voted to defer any decisions around the secondary plan to the next meeting because they had some questions and because they had been given the information to review on the Friday before a Monday meeting. The Mayor assumed an eventual vote in favour of full municipal services and directed the planner (Nickl to proceed anyway. RESPONSE: The engineering company and the outside consultant were paid for their attendance at a meeting of PAC to present information, receive input, and answer questions. Timing of Providing information Prior to the PAC Meeting The three day time period provided to review agenda information is the standard length of time far all members of Council. In this instance, the report that had been sent to members of PAC three days before the meeting was also presented by the engineering company at the PAC meeting. The Procedural By-Law does not permit the debating of a motion to defer. Given the timing of the passing of the motion to defer this resulted in the consultant, who had been identified on the agenda to present their report and address questions, being prevented from making his presentation. Without the Mayor's intervention, PAC would not have heard information necessary to making an informed recommendation. Having the consultant come to a subsequent meeting with the associated costs of paying his fees would be difficult to justify. "assumr"ng" and "directing" Direction to proceed with the Secondary Plan was already established by Council and in the Official Plan. A majority vote at a meeting of Council would be required to change that direction. (Councillors do not vote at PAC Meetings}. The request that was made by the consultant was related to whether current Provincial Policies relating to full services should be utilized. Asking PAC to state or clarify its' position an this matter should not be presented as assuming and directing. June 23 -the PAC voted 3 to 2 AGAINST proceeding with the secondary plan in principal an the basis of full municipal services. They felt a number of questians needed to be answered regarding the boundary expansion, lack of conformity to the QP and expressed concern that a development application is driving the secondary plan process. They have also expressed concern that their recommendations are not being considered. RESPONSE: The Planning Advisory Committee's (PAC} advice is one of the sources of information considered by Council. When making decisions, Council considers information from all sources. It should be expected that the way an individual votes is based on the information at hand. PAC did not have the same information as Council. PAC is, and has been, provided with explanations when Council does not follow its' Committee's recommendations. June 25th -Council voted 6 to 1 to defeat the PAC vote and continue with the secondary plan. They then voted to establish a committee through which residents could provide input into the planning process. RESPONSE; The information that Council considered in regards to the PAC recommendation included the commitment that was made to residents of Craighurst to keep the community informed and engaged in the process. An important consideration of the members of Council was the possibility of jeopardizing the ability to fulfill this commitment. The unanimous vote of Council to establish a working rg Oup , the short length of time to establish this working group and the short time line attempt to have this working group meet as early as passible speak to this commitment. July 7th - Council held an open house at the hall to update residents and allow them to volunteer for the committee. Council said that they are proceeding with the secondary plan/proposed development because they're concerned about being taken to an OMB. They would not sav who the original applicant is (any applications post 2005 can"t be taken to the OMB) or who the new applicant is. I think some folks are looking into this. RE5PpNSE: The context of the statement regarding an 4MB referral addressed the potential restrictions for public involvement in the planning process. The tape of this meeting verifies that the individual who asked for the name of the applicant and the date of the application was told the date and directed to telephone the Township Planner. When the individual telephoned the next day the information was provided. Freedom of Information and Protection of Privacy Legislation would prevent some information being released and time was needed to ensure compliance. The information that was not provided related to questions outside of the boundaries of Oro-Medonte. Qne individual, seemingly unaware that Hillsdale in not in Oro-Medante, asked for information about Hillsdale. Requested information regarding the Big Bay Point Development was not addressed, as Township officials do not comment an issues before the courts. "anv applications post 2005 can't be taken to the aM6" RESpaivsE; This information is not factual. There are specific Provincial policies related to QMB appeals. Governments da not obtain and share legal opinions for residents. The reasons are self-evident. July 26 -Meeting with Floyd Sinton Betty Vietch, Jenny Cooper, Doug Tellich (sp?), Dave and I, along with Betty's sister, met with Floyd over at Betty's house a couple of Saturdays ago. Floyd was good to come out and it was helpful to hear his points of view: - he expressed concern over liability on his property. He put up no trespassing signs but someone took them down. He had also put up signs to request that people not build bridges in the stream, but someone took that down too...and then proceeded to build a bridge. Dave and I can attest to the fact that there has been an increase in dirt bikes, ATV's and snowmobiles over the past few years. As well, we have noted that kids are partying, drinking and building campfires over by the creek toward Horseshoe Valley Road. - we saw a booklet by Geranium Corp -they have taken photos of historic houses and buildings and have sketched some designs to emulate the style of the village. In the booklet there was a map and on the map, more of the forest is protected than what we see in the engineering map that the B ~, ~ ~ . township gave us. We are frustrated that the Township keeps bringing out that same engineering map that then know is an unlikely_concept. RESPQIVSE; One of the mar`n functions of the Working Group is to assist in commenting on conceptual "maps" for consideration. It has been clearly stated that the "map" referenced was the starting paint in the process and not the final design. - Floyd says that the stretch along hwy 93 between the cemetery and the pond house won't be touched back to the creek. He also said that there would be no bridges across the creek. - he reminded us that the province is dictating lot size and full services. He would prefer bigger lots and septic systems himself but that isn't an option. - as far as how much say he has in the development, he says he has about as much say as any of the residents. July 30 - 1st Meeting of the Craighurst volunteer committee - Mayor Hughes had sent out an email confirming that Phillip Caston, Betty Veitch and I had volunteered to be on the committee and that another person, Jenn from Loobies, had also volunteered. He suggested that Jenn replace Larry Tupling on the committee. RESPONSE: Changes in the working group membership were in response to feedback from the July ~h open hawse. Objections were presented regarding the PAC member representation and a request was made to increase the number of Craighurst residents. Alt members of the Craighurst who indicated an interest in serving on the working group were included and PAC representation was removed. The decision to revise the membership was made by a vote of Council. - Harry tried to have a meeting July 23, but Phillip was on vacation and Betty and I agreed to wait for him so we met on July 30. We left a message for Jenn from Loobies but she did not come. The minutes of that meeting are attached here. - all of the members of this committee feel that given the new provincial rules, which are very strongly reflected in the County plan, development is no longer appropriate far Craighurst regardless of its designation as a settlement area. RESPONSE; It was only upon receiving a copy of this email through a secondary source that the two Council members of the working group were made aware of this position. This statement does not reflect the positions of the elected members and does not appear to reflect the actions of those members of the working group demonstrated through their continuing to meet. August 13: the attached letter is going forward to the County to request they amend their draft OP to reflect the expanded boundary area. There does not seem to be a record that this letter has been approved by Ora-Medonte Council -this seems unorthodox. It may come up at the CofW meeting tomorrow night but apparently the new (and former) township planner, Andria Leigh, is making a deputation to the County Council tomorrow. It most certainly has not come before the PAC. RESPONSE: The County's Growth Plan that includes revisions to the County Official Plan has been an established agenda item at PAC meetings. Discussion regarding the need for input from Oro-Medonte to the County Official Plan has taken place at PAC meeting on numerous occasions. The deputation to the County's Public meeting was a continuation of the direction that Council provided to staff. The timing of the County's Public Meeting did not coincide with Oro-Medonte's summer recess scheduling of meetings. However, all members of Council received a copy of the proposed letter prior to it being finalized with the opportunity for input. Some changes based on input from elected officials were made. It is standard procedure far staff to proceed with the direction of Council. In this instance, all members of Council were provided a copy in advance. There is also a safe guard provision the permits members of Council to initiate a special meeting. Mast, if not all, municipalities throughout Simcoe County provided written correspondence and/or deputations to fhe Counfy Official Plan. Some key things to note: -PAC has asked the Township to produce documents that indicate that the expanded baundary was historically approved by Council. To date, all that has been produced, and all that is referenced in this letter is a 2001 letter from the Conservation Authority that has a hand drawn line on a map. This letter predates Walkerton and all the subsequent watershed protection measure that CA's have since enhanced. RESPONSE: Numerous explanations have seemingly failed to alter incorrect interpretations of the Graighurst boundaries. Recommendations for amending the settlement boundaries are part of the Secondary Study process, a study area boundary was identified on the conceptual plan for Graighurst. The Secondary Study has NOT been completed and therefore the matter of approving changes to the settlement boundaries of Graighurst has yet to be finalized by Council. Numerous residents and Councillor Agnew have requested that the Township indicate who the original applicant is versus who the current applicant is, in order to ascertain whether the developer can indeed take the Township to the OMB. tlf the application is post 2005, then cannot. The township has not provided any answers to this. RESPONSE: The Township has clearly stated that there is only one applicant and that the application was received prior to 2005. The statement regarding the OMS is not factual. The County Plan which was submitted to the Province already shows that Craighurst Boundary area is existing settlement boundary {dotted yellow line}. The plan is apparently still a draft and the County will take comments up until mid September. RESPC?NSE. This is not an anomaly for Craighurst. There are a number of municipalities where settlement boundary changes are being contemplated throughout the County. Added Note. At the July 7~'', open house it was presented that the property owner was clearing trees on the potential development lands for the purpose of development. It was later learned that the tree cutting being referred to was done at the request of the abutting property owner. Floyd Sinton was requested by the abutting property owner to cut a large dead pine tree that was perceived to have the potential of doing property damage if it fell. Oro-Medonte Council established a Working Group (not a committee) to enhance communications regarding Craighurst. All four residents of Craighurst who agreed to be included plus the Ward Councillor and the Mayor were officially designated when the membership was revised. It was expected that staff, as determined by the elected members, would act as a resource to the working group. At the first meeting Philip Calton agreed to be chair and Lynette Mader agreed to act as recording secretary. Through a secondary source, some members of council received a copy of the email sent out on August 12, 2008. As shown in the circulation, the email was not circulated to all members of the Working Group for verification andlar comment before being selectively circulated. Council representatives on the working group were unable to access the attached forms from the email that was forwarded. While it does not appear that this email was intended to be sent out as part of the official capacity of the Working Group's recording secretary, there is no disclaimer, and keeping residents updated is part of the Working Group's function. Consequently, consideration needs to be made to correct facts that are nat accurate and to provide additional information to better assist with interpretation. The information provided below is intended for clarification and respond to specific statements highlighted below in the August 12th e-mail. ----- Original Message ----- From °~~ ~E - -~` - To: ~ ' _ ~. ! '_-~ ' _~i~:~ :"m S":_=ila Craig` ~ `Bidc~ood, Mare~'~~,rIAFP~ ; s~;~<~, _ ~ ;~ ~~ ~~;..°. _ ~-_~, 'Ta~:~ Ku~ tL' ; 'mart' afarrell bowers` ; `~~~ Ada Eubuiic' ; 'Jinn Purr. l6 ; . ____ _ ' ~7yt~~. ca ; 'ailan baker' ; 'Pat & Jim` ; envirascapesC~beilnet.ca ; ~iLP ~ c ar„~~~-;-.com Sent: Tuesday, August 12, 2008 2:38 PM Subject: Craighurst Secondary Plan update In the interest of keeping people up to date on what's happening with the Craighurst development proposal, 1've typed up the following update. Please pass along to others that may be interested. I've used same people's work emails, so pls don't use the reply-all if you want to respond or have any questions as same work places have strict email policies. (My work is pretty easy-going and just asks that we use company email and web access during breaks or after hours.} May 26 -the PAC voted to defer any decisions around the secondary plan to the next meeting because they had some questions and because they had been given the information to review on the Friday before a Monday meeting. The Mayor assumed an eventual vote in favour of full municipal services and directed the planner (Nick) to proceed anyway. RESPONSE: The engineering company and the outside consultant were paid for (heir attendance at a meeting of PAC to present information, receive input, and answer questions. ~c~_~. Timing of Providing Information Prior to the PAC Meeting The three day time period is the standard length of time that members of Council have to consider information. In this instance, the report that had been sent to members of PAC three days before the meeting was also presented by the engineering company at the PAC meeting. The Procedural By-Law does not permit the debating of a motion to defer, The timing of the passing of the motion to defer resulted in the consultant, who had been identified on the agenda to present his report from being able to do so. Without the Mayor's intervention, PAC would not have heard information necessary to making an informed recommendation. Having the consultant come to a subsequent meeting with the associated costs of paying his fees would be difficult to justify. "assuminp" and "directing" Direction to proceed with the Secondary Plan was already established by Council and in the Official Plan. A majority vote at a meeting of Council would be required to change that direction. (Councillors do not vote at PAC Meetings). The request that was made by the consultant was related to whether current Provincial Policies relating to fuN services should be utilized. Asking PAC to state or clarify its' position on this matter should not be interpreted as assuming and directing. June 23 -the PAC voted 3 to 2 AGAINST proceeding with the secondary plan in principal on the basis of full municipal services. They felt a number of questions needed to be answered regarding the boundary expansion, lack of conformity to the OP and expressed concern that a development application is driving the secondary plan process. Thev have also expressed concern that their recommendations are not being considered. RESPONSE: The Planning Advisory Committee's (PAC) advice is one of the sources of information considered by Council. When making decisions, Council considers information from all sources. It should be expected that the way an individual votes is based on the information at hand. PAC did not have the same information as Council. PAC is, and has been, provided with explanations when Council does not fallow its' Committee's recommendations. June 25th -Council voted 6 to 1 to defeat the PAC vote and continue with the secondary plan. They then voted to establish a committee through which residents could provide input into the planning process. RESPONSE; The information that Council considered in regards to the PAC recommendation included the commitment that was made to residents of Craighurst to keep the community informed and engaged in the process. An important consideration of the members of Council was the possibility of jeopardizing the ability to fulfill this commitment. The unanimous vote of Council to establish a working group, the short length of time to establish this working group and the short time line attempt to have this working group meet speaks to this commitment. July 7th -Council held an open house at the hall to update residents and allow them to volunteer for the committee. Council said that they are proceeding with the secondary plan/proposed development because they're concerned about being taken to an OMB. Thev would not say who the original applicant is (any applications post 2005 can't be taken to the OMB or who the new applicant is. I think some folks are looking into this. ~~~ RESPONSE: The context of the statement regarding an OMB referral addressed the potential restrictions for public involvement in the planning pracess. The tape of this meeting verifies that the individual who asked for the name of the applicant and tl~e date of the application was told the date and directed to telephone the Township Planner. When the individual telephoned the next day the name of the applicant was provided. Freedom of Information and Protection of Privacy Legislatio» could prevent some information being released and time was needed to ensure compliance. The information that was not provided related to questions outside of the boundaries of Oro- Medonte. One individual, seemingly unaware that HiNsdale is not in Oro-Medonfe, asked for information about Hillsdale. Requested information regarding the Big Bay Point Development was not addressed, as Township officials do not comment on issues before the courts. "any applications post 2005 can`t be taken to the OMB" RESPONSE; This information is not factual, There are specific Provincial policies related to OMB appeals. Governments do not obtain and share legal opinions for residents. The reasons are self- evident. July 26 -Meeting with Floyd Sinton Betty Vietch, Jenny Cooper, Doug Tellich (sp?), Dave and I, along with Betty's sister, met with Floyd over at Betty's house a couple of Saturdays ago. Floyd was good to come out and it was helpful to hear his points of view: - he expressed concern over liability on his property. He put up no trespassing signs but someone took them down. He had also put up signs to request that people not build bridges in the stream, but someone took that down too...and then proceeded to build a bridge. Dave and I can attest to the fact that there has been an increase in dirt bikes, ATV's and snowmobiles over the past few years. As well, we have noted that kids are partying, drinking and building campfires over by the creek toward Horseshoe Valley Road. - we saw a booklet by Geranium Corp -they have taken photos of historic houses and buildings and have sketched some designs to emulate the style of the village. In the booklet there was a map and on the map, more of the forest is protected than what we see in the engineering map that the township gave us. We are frustrated that the Township keeps bringing out that same engineering map that they know is an unlikely concept. RESPONSE; - One of the main functions of the Working Group is to assist in commenting on conceptual `maps" for consideration. It has been clearly stated that the "map" referenced was the starting point in the process and not the final design. - Floyd says that the stretch along hwy 93 between the cemetery and the pond house won't be touched back to the creek. He also said that there would be no bridges across the creek. ~...)~ - he reminded us that the province is dictating lot size and full services. He would prefer bigger lots and septic systems himself but that isn't an option. - as far as how much say he has in the development, he says he has about as much say as any of the residents. July 30 - 1st Meeting of the Craighurst volunteer committee - Mayor Hughes had sent out an email confirming that Phillip Caston, Betty Veitch and I had volunteered to be on the committee and that another person, Jenn from Loobies, had also volunteered. He suggested that Jenn replace Larry Tupling on the committee. RESPONSE: Changes in the working group membership were in response to feedback from the July 7"' open house. Objections were presented regarding PAC representation and a request was made to increase the number of Craighurst residents. All members of the Craighurst who indicated an interest in serving on the working group were included and PAC representation was removed. The decision to revise the membership was made by a vote of Council. - Harry tried to have a meeting July 23, but Phillip was on vacation and Betty and I agreed to wait for him so we met on July 30. We left a message for Jenn from Loobies but she did not come. The minutes of that meeting are attached here. - all of the members of this committee feel that given the new provincial rules, which are very strongly reflected in the County plan, development is no longer appropriate for Craighurst regardless of its designation as a settlement area. RESPONSE; It was only upon receiving a copy of this email through a secondary source that fhe two Council members of the working group were made aware of this position. This statement does not reflect the positions of the elected members and does not appear to reflect the actions of those members of the working group that continue to meet. August 13: the attached letter is going forward to the County to request they amend their draft OP to reflect the expanded boundary area. There does not seem to be a record that this letter has been approved by Oro-Medonte Council -this seems unorthodox. It may come up at the CofW meeting tomorrow night but apparently the new (and former) township planner, Andria Leigh, is making a deputation to the County Council tomorrow. It most certainly has not come before the PAC. RESPONSE: The County's Growth Plan that includes revisions to the County Official Plan has been an established agenda item at PAC meetings. Discussion regarding the need for input from Oro- Medonte to the County Official Plan has taken place at PAC meeting on numerous occasions. The deputation to the County's Public meeting was a continuation of the direction that Council provided to staff. The timing of the County's Public Meeting did not coincide with Oro-Medonte's summer recess scheduling of meetings. However, all members of Council received a copy of the proposed letter prior to it being finalized with the opportunity for input. Some changes based on input from elected officials were made. It is standard procedure for staff to proceed with the direction of Council. ~0~-5 In this instance, all members of Council were provided a copy in advance. There is also a safe guard provision the permits members of Council to initiate a special meeting. Most, if not all, municipalities throughout Simcoe County provided written correspondence andlor deputations to the County Official Plan. Some key things to note: -PAC has asked the Township to produce documents that indicate that the expanded boundary was historically approved by Council. To date, all that has been produced, and all that is referenced in this letter is a 2001 letter from the Conservation Authority that has a hand drawn line on a map. This letter predates Walkerton and all the subsequent watershed protection measure that CA's have since enhanced. RESPONSE: Numerous explanations have seemingly failed to alter incorrect interpretations of the Craighurst boundaries. Recommendations for amending the settlement boundaries are part of the Secondary Study process. A study area boundary was identified on the conceptual plan for Craighurst. The Secondary Study has NOT been completed consequently the matter of approving changes to the settlement boundaries of Craighurst has yet to be finalized by Council. Numerous residents and Councillor Agnew have requested that the Township indicate who the original applicant is versus who the current applicant is, in order to ascertain whether the developer can indeed take the Township to the OMB. (If the application is post 2005, they cannot. The township has not provided any answers to this. RESPONSE: The Township has clearly stated that there is only one applicant and that the application was received prior to 2005. The statement regarding the OMB is not factual. The County Plan which was submitted to the Province already shows that Craighurst Boundary area is existing settlement boundary (dotted yellow line). The plan is apparently still a draft and the County will take comments up until mid September. RESPONSE: This is not an anomaly for Craighurst. There are a number of municipalities where settlement boundary changes are being contemplated throughout the County. Added Note: At the July 7`", open house it was presented that the property owner was clearing trees on the potential development lands for the purpose of development. It was later learned that the tree cutting being referred to was done at the request of the abutting property owner. Floyd Sinton was requested by the abutting property owner to cut a large dead pine tree that was perceived to have the potential of doing property damage if it fell. t August 19, 2aa8 200 University Ave, Suite 801 Toronto, ON M5H 3C6 TeI.: (416} 971-9856 (Fax: (416} 971-6191 E-mat: ama@ama.on.ca as-o12 ,~ Craig Reid, AMO Senior Policy Advisor (416} 971-9856 ext 334 Climate Change and Engineering Symposium The Ontario Society of Professional Engineers (OSPE} Centre of Engineering Excellence is presenting a one day international symposium entitled Engineering in a Climate of Change. Municipal sector participants are welcome. The symposium will take place on October 16, 2008 at the Ontario Science Centre, 770 Don Mills Road, Toronto M3C 1T3. The event will explore the potential for applying scientific and technological advances to climate change mitigation and adaptation efforts. Keynote addresses will be delivered by: • Dr. Ron Prinn, Director of MIT's Centre for Global Change Science; and • Paul Cadario, Senior Manager, Trust Fund Quality Assurance & Compliance, World Bank. For further information, please see: This information is available in the Policy Issues section of the AMO website at ~. 1-1 ~ ~~ ~~=«t~.x , e Ontario Society of Professional Engineers (OSPE) 5 I ~~ _ ~ Page 1 of 1 SYMPOSIUM OVERVIEW The Ontario Society of Professional Engineers' (OSPE) Centre of Engineering Excellence is pleased to present a one day international symposium: Engineering in a Climate of Change on October 16, 2008 at the Ontario Science Centre, 770 Don Mills Road, Toronto M3C 1T3. . PROGRAM . KEYNC)TE The goal of the symposium is to highlight the skills and capabilities of SPEAKERS. engineers and the engineering profession in applying contemporary scientific . REGISTRATION and technological advancements in the mitigation and adaptation of climate . WEBCAST change effects. ' ABSTRA~T~ FEAT R . SPO___NSOR_ S U ED SPEAKERS . CONTACT Dr. Ron Prinn Director of MIT's Centre for Global Change Science. more » Mr. Paul Cadario Senior Manager for Tnist Fund Quality Assurance, World Bank. more...» ,. m. _~.~ ~ __~. ~~~.~ .~_~. __.~~ 3 . hc7me . pr~~gratn . speakers. . re~stratic~ncopyright ©2008, Ol~t,aio Society_ cif Pr~f~.ssion~il Enn~i~~eeis_(OSPE1 . s ~rlsors . abstracts . contact Ontario Society of Professional Engineers (OSPE) ~ ~ _ ~ Page 1 of 3 ~~~ ~ ~ SYMPOSIUM PROGRAM The goal of the symposium is to highlight the skills and capabilities of engineers and the engineering profession in applying contemporary scientific and technological advancements in the mitigation and adaptation of climate change effects. Room Legend Gemini I Room Telus Room Gemini II Room Time Event 8:00 - 8:45 Registration, Sponsorship Tables & Breakfast (Bistro Mezzanine) Welcome Remarks by Michael Monette, MBA, EDP, P.Eng., 8:45 - 9:00 OSPE President and Chair & Hon. Donna Cansfield, Minister of'Natural Resources (Telus Room) 9:00 - 10:00 Guest Speaker followed by a question period - Dr. Ronald Prinn (Telus Room) 10:00 - 10:15 Coffee Break Session 1-Facilitator Dr. Gail Krantzberg . Taking Engineering Solutions to Market (Jason Lukez) . Demonstrating Climate Change Solutions (Wayne Richardson) . Placentia NL Case Study Example of Incorporating Climate Change Adaptation into Infrastructure Decision Making (Cameron Ells) . Ontario's Water Quantity Risk Assessment 10:15 - 12:00 (Paul Martin) Session 2 -Facilitator Christopher Kennedy . Architectural Integration of Wind Turbines for Urban Power Generation (Jason Lassaline) . Responsible High Rise Building -New Approach (Parham Mirzaei) . Climate Change Adaptations Options (Heather Auld) . Addressing Knowledge Gaps Adapting Infrastructure for Ontario Society of Professional Engineers ~OSPE) Pa~~e 2 ©f 3 Climate Change (Jeff Walker} Session 3 -Facilitator Nadine Miller . Climate Change Consideration in the Bia-physical Evaluation of Power Dams (Stephen Lamming) . Solving the Water Shortage and Mitigating Desertification in Sub-Sahara Africa (Rod Tennyson) . Hydrogen Energy Systems (Marc Rosen) ~ ~~ , ~ . ~ ~ .The Energy Potential of Building Aerodynamics . ~, ,, ~ , ~:~ (RutFi Cooper) ~~-f~ ,,__~ b =~ 12:00 - 1:00 Lunch & Exhibits - Bistro Mezzanine ,, ~ ~ ; ~ ~ x ~ ON Guest Speaker followed by a question period - • ~`~ - ~ ` ~'` '~~ ~ 1:00 - I :30 Engineering a Global Approach to Climate Change 1 ~; ~y€~;~> ~~; ~~-~ Paul Cadario, Senior Manager, Trust Fund Quality Assurance, ~~; ; > ;~ World Bank ~ ~ ~ , ~ _ ~~• ;t, ~ ; ~ Session 1-Facilitator Dr. Gail Krantzberg . Adaptation to Climate Change in Water Management (William Nuttle) . Collaborative Pilot Study on the Changing Climate Rainfall Intensity Duration Frequency Values (Dan Haley) . Risk Assessment for Drainage Infrastructure (Ran Scheckenberger) Session 2 -Facilitator Theresa R. Erskine 1:30 - 02:45 Mitigating 22% of Total Greenhouse Gas Emissions by Diverting Organic Matter from Landfill (David Greey) . Engineering Solution to Mitigate Organic Waste Climate Change Impacts (Barry Friesen) . Estimation of Greenhouse Gas Emissions from Industrial Wastewater Treatment Plants (Ma2ir Banishahabadi) Session 3 -Facilitator Nadine Miller . Fuel Cell: Today's Technology of Alternative Energies Ontario Society of Professional Engineers (OSPE) (Janaki Balakrishnan) . Engineering in a Post Carbon World (Greg Allen) . Future of Aviation Propulsion: Challenges and Opportunities (Joseph Brand) Page 3 of 3 I \~, -5 2:45 - 3:00 Coffee Break Presentation -City of Toronto's Climate Adaptation Strategy Toronto Environment Ogee 3:00 - 04:15 (David MacLeod) The Challenge of Adaptation to Climate Change -The Insurance Industry's Perspective (Mark Yakabuski) 4: I S - 4:30 Overview of Conference and Wrap Up . hod}c . prc>gra~ . speakers . registrati~ncopyright ©2008, Ontario_Socie_ty_of Professional Engineers (OSPE) . spoilsol•s . abstracts . contact Ontario Society of Professional Engineers (OSPE) \\Page 1 [of_ 2 ' `~`~ SYMPOSIUM REGISTRATION The Ontario Society of Professional Engineers (OSPE) is pleased to present a one-day international symposium: Engineering in a Climate of Change on October 16, 2008. To register for this event, please select your option below for secure payment through PayPal (no account required) OSPE Members Early Bird participant's Name Registration (to Sept 19) Company Name Member - $199 ~ ~~~~~ Member - $229 participant's Name (after Sept 19) . PROCI2A~'~1 Company Name KEYNOTE ~ ~~~~"~' SPEAKERS. Non-Members . REUtSTRAT;ION ' Early Bird participant's Name . V~ EBCAST Registration . ABSTRACTS (to Sept 19) Company Name . SPONSORS Non-Member - ~ ~~~~ . CONTACT' $229 Non-Member - participant's Name $249 (after Sept 19) Company Name ~. • R~ta15~~ Webcast Only Webcast Only - participant's Name $175 Members and Non- Company Name Members ; ,~~~ Cock here for ---- technical requirements and programming details Ontario Society of Professional Engineers (OSPE) Page 2 of 2 Payment Information -Cheque Payments Course Fees (GST is already included in fee) ~ ~C~ Early Bird -member (to Sept 19) $199 Member (after Sept 19) $229 Early Bird -non-member (to Sept. 19) $229 Non-Member (after Sept. 19) $249 Webcast (ail) $175 (GST Registration # 86b80 2093 RT0001) Please make cheques payable to "Ontario Society of Professional Engineers" and send to: Ontario Society of Professional Engineers, Professional Development Department, 4950 Yonge St., Suite 502, Toronto, ON M2N 6K1 Once payment is received and registration is confirmed, you will receive a confirmation email from us. If you have questions, please contact ~C?os~e.orl.ca or call 416-223-9961 or 1-866-763-1654, ext. 230. Accomodation Arrangements Arrangements have been made for special rates at the Crowne Plaza Toronto Don Valley at 1250 Eglinton Avenue East. Delegates can call the hotel directly at 416-449-4111 or call the central reservations office at 1-877-474-6835. In both cases, quote the code "OSO" or advise that you are with the OSPE group to get the special rate of $129.00. The cut off date to make reservations is September 15, 2008. ~.~w .~~..~~..~.,~~~ ~.w~. ~..a._ ~ .._ .. • h,OTlle • program . ~~akers . rcgistrat;ioncopyright ©2008, 4n_tario Society_of Profcssional Engineers ((aSPE) • ~po~~scxs • abstracts . contact ~' ----- Original Message ----- From: Jennifer ~.':~,.~+~;~~. Sent: Monday, August 25, 2008 1:05 PM Subject: Provincial Environmental Advisory Committee Symposium -October 3 & 4 The City of Oshawa is excited to be hosting this year's Provincial Environmental Advisory Committee (EAC) meeting on October 3 & 4. The theme is Great Lakes, Great Water and we encourage you to attend this most interesting event. Attached is the Registration Form for you to complete and should you have any questions, please call me. Regards, Jennifer ;Ututttan AtJrninistrative assistant Planninti~ Services Dev:loprnent Services Department {~){>fit:J~(>-~{i36, ext. 2444 Registration Form Name: Address: Email Address: Telephone: EAC Affiliation Food Allergies: Registration Fee: $25.00 (includes Friday night reception, Saturday Symposium, continental breakfast, lunch and refreshments at breaks) Please Note: Conference registration does not include hotel accommodations. Please make your own arrangements. Method of Payment Payment may be made by cheque or money order payable to the "City of Oshawa" which must accompany the registration form. Payment may also be made by Visa or Mastercard. Please fill out the following, sign and fax or mail in, or call Jennifer Mutton with your credit card information at (905) 436-5636 x 2444, by September 26, 2008. Circle One: VISA MASTERCARD "! authorize the City of Oshawa to charge my credit card in the amount of $ for the 2008 Provincial Environment Advisory Committee Symposium" Name (as if appears on card) Card Number: Expiry Date: Signature: Fax: (905} 436-5699 Mail: City of Oshawa, 50 Centre Street South, Oshawa ON L1 H 3Z7 ----- Original Message ----- From: J~,~!;~_~,~_:i17<_i_'~~nd To: 'Coutu~.c~ ~: M~;I' Sent: Thursday. August 28, 2008 2:16 PM Subject: HVPOA AGM Dear Mel, I would like to invite you to attend the 34th annual meeting of the Horseshoe Valley Property Owners Association. Saturday, October 18th Horseshoe Resort -Alpine Room 9:00 a.m. registration, 9:45 a.m. commencement We will have all our elected representatives address the meeting plus a representative, Gil Blurich from Skyline International, the new owners of Horseshoe Resort. The membership would be interested in learning the progress of the motion passed last year at our AGM re parking on residential driveways. 1 had a meeting with Bruce Hoppe in the Spring and he said that he had been instructed by Council to improve the Clean & Clear by-law in which our problem may be resolved. I have had no further contact from the Township. If you could research this issue before the meeting, we would appreciate hearing of any progress. I hope you are able to attend. Regards, Judy Sutherland President, HVPOA 6 $ TOWNSHIP OF ORO-MEDONTE ~" PLANNING ADVISORY COMMITTEE MINUTES 2006-2010 TERM August 18, 2008, 7:03 p.m. Council Chambers Present: Council Representatives Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Sandy Agnew Councillor John Crawford Councillor Dwight Evans Regrets: Councillor Terry Allison Public Representatives Linda Babulic Roy Hastings Mary Q'Farrell-Bowers Larry Tupling Tom Kurtz Staff Present: Andria Leigh, Director of Development Services; Janette Teeter, Deputy Clerk Also Present: Betty Veitch, Jennifer Cooper, Lynette & Dave Mader, Hartley Woodside 1. OPENING OF MEETING BY CHAIR Deputy Mayor Hough assumed the chair and called the meeting to order. 2. ADOPTION OF THE AGENDA Motion No. PACO$0818-1 Moved by Roy Hastings, Seconded by Larry Tupling It is recommended that the agenda for the Planning Advisory Committee meeting of Monday, August 18, 2008 be received and adopted as amended to withdraw Item 9b}, Tom Kurtz, re: Source Water Protection Committee Update. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. x 4. MINUTES OF PREVIOUS MEETING -June 23, 20U$ Motion No. PAC080818-2 Moved by Linda Babulic, Seconded by Roy Hastings It is recommended that the minutes of the Planning Advisory Committee Meeting held on June 23, 2008 be received and adopted Carried. 5. DEPUTATIONS: None. 6. PUBLIC MEETINGS: None. 7. PLANNING APPLICATIONS: None. 8. CORRESPONDENCE AND COMMUNICATION: a) Mayor H.S. Hughes, Overview, Craighurst Process and Resolution. Mayor H.S. Hughes distributed correspondence to members of the Committee. Motion No. PAC080$18-3 Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that the correspondence dated June 27, 2008 and verbal information presented by Mayor H.S. Hughes, re: Overview, Craighurst Process and Resolution be received. Carried. Planning Advisory Committee Meeting August 18, 2008, Page 2 b) Mayor H.S. Hughes, Remuneration Request from PAC, Resolution of Council. Mayor H.S. Hughes distributed correspondence to members of the Committee. Motion No. PACO$0818-4 Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that the excerpt correspondence dated July 16, 2008 and verbal information presented by Mayor H.S. Hughes, re: Remuneration Request from PAC, Resolution of Council be received. Carried. c) Report No. DS 2008-44, Glenn White, Senior Planner, re: Planning Advisory Committee Mandate -Procedural Options. Motion No. PAC080818-5 Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that the verbal updates from the Planning Advisory Committee members re: Planning Rdvisory Committee Mandate -Procedural Options be received; and further that Andria Leigh, Director of Development Services bring forward an addendum report on this matter. Carried. d) Andria Leigh, Director of Development Services re: Proposed New Official Plan, County of Simcae. Motion No. PAC080818-6 Moved by Roy Hastings, Seconded by Linda Babulic It is recommended that the correspondence and verbal information presented by Andria Leigh, Director of Development Services re: Proposed New Official Plan, County of Simcoe be received. Carried. Planning Advisory Committee Meeting August 18, 2008, Page 3 9. OTHER BUSINESS 1 EDUCATION: a) Mayor H.S. Hughes, re: Growth Plan Update. Motion No. PAC080818-7 Moved by Larry Tupling, Seconded by Ray Hastings It is recammended that the verbal information presented by Mayor H.S. Nughes re: Growth Plan update be received. Carried. b) Tom Kurtz, re: Source Water Protection Committee Update. This item was withdrawn. 10. ADJOURNMENT Motion No. PAG080818-8 Moved by Linda Babulic, Seconded by Larry Tupling It is recommended that we do now adjourn at 9:43 p.m. Carried. Chair, Deputy Mayor Ralph Hough Director of Development Services, Andria Leigh Planning Advisory Committee Meeting August 18, 2008, Page 4 TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES COUNCIL CHAMBERS DATE: THURSDAY, AUGUST 21, 2008 TIME: 9:40 A.M. Present: Michelle Lynch, Chair Garry Patter Lynda Aiken Rick Webster Bruce Chappell Staff present: Steve Farquharson, Secretary Treasurer/Intermediate Planner Andria Leigh, Director of Development Services Ryan Vandenburg, Planner Marie Brissette, Deputy Secretary TreasurerlCommittee Co-ordinator 1. OPENING OF MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA CA080821-01 Moved by Aiken, Seconded by Chappell It is recommended by the Committee of Adjustment that the agenda for the meeting of Thursday, August 21St, 2008 be received and adopted as amended to include under Section 7. OMB Appeal - Oldfield. Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None. 4. MINUTES OF PREVIOUS MEETING a) Minutes of Committee of Adjustment Meeting of July 17, 2008. CA080821-02 Moved by Webster, Seconded by Chappell It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, July 17t", 2008 be adopted as presented. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 1 5. PUB<_IC MEETINGS ~ ~ a) Application: 2007-A-1$ Applicant: Mary T. Spasov Location: 245 Shoreline Drive, Plan 864, Lot 4 (Formerly Township of Oro) Proposal: Setback far deck being within high water mark setback Mike Spasov was present on behalf of the applicant. Elizabeth and Larne Allen expressed concerns regarding the proposal to be on Federal Lands, footings in the water and the existing structure to be too close to the water. Two pieces of correspondence were received. The authors of the first wished to remain anonymous and the second was signed by Bruce and Val Gillespie. CAO$0821-03 Moved by Chappell, Seconded by Patter It is recommended that the Committee of Adjustment deny application 2007-A-1$ based on the application not conforming with the Zoning By-law or Official Plan. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 2 °_. _ b~ Application: 2008-B-35 ~ ~ ~ ~= _:. Applicant: Indian Park Association Location: 123 Huronwoods Drive, Plan M30, Lot 32 (Formerly Township of Oro) Proposal: Lot addition Jennifer Valentine was present on behalf of the applicant. CA080821-Q4 Moved by Aiken, Seconded by Webster It is recommended that the Committee of Adjustment approves Application 2008-8-35 being to convey a strip of land having a frontage of approximately 15 metres on Huronwoods Drive, a depth of approximately 100 metres, and an area of 0.15 hectares to the land adjacent being 123 Huronwoods Drive, subject to the fallowing conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario hand Surveyor be submitted to the Secretary-Treasurer; 2. That the severed lands be merged in title with 123 Huronwoods Drive and that the provisions of Subsection 3 or 5 of Section 50 of the Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed far review by the Municipality; 4. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Committee of Adjustment Minutes -August 21, 200$ Page 3 c) Application: 2008-8-36 ~ ~~. Applicant: Michael Winacott and Sherri Belair Location: 374 Woodland Drive, Con. 2 East, Part Lot 15 (Formerly Township of Qrillia) Proposal: Increase existing property size Michael Winacott was present. CA080821-05 Moved by Aiken, Seconded by Chappell It is recommended that the Committee of Adjustment approves Application 2008-B-36 to convey a strip of land having a frontage of 71.7 metres on Woodland Drive, and a depth of approximately 45 metres and an area of 0.47 hectares to the land adjacent being 374 Woodland Drive, and subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the severed lands be merged in title with 374 Woodland Drive and that the provisions of Subsection 3 or 5 of Section 50 of the Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That applicable permits be obtained from the Lake Simcoe Region Conservation Authority; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 4 d) Application: 2008-8-37 Applicant: Michael Winacott Location: 400 Woodland Drive, Can Proposal: Boundary adjustment Michael Winacott was present. 2 East, Part Lat 15 {Formerly Township of CJrillia) CA080$21-06 Moved by Aiken, Seconded by Potter It is recommended that the Committee of Adjustment approves Application 2008-8-37 to Canvey a strip of land having a frantage of 466 metres on Woodland Drive, and a depth of approximately 665 metres to the midpoint of the property, an area of 43 hectares, to the land adjacent land to the east having frantage on Woodland Drive, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the severed lands from 400 Woodland Drive be merged in title with the enhanced lot and that the provisions of Subsection 3 ar 5 of Section 50 of the Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That applicable permits be obtained from the Lake Simcoe Region Conservation Authority; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 5 e) Application: 2008-A-13 ` Applicant: Norman and Debra Pirtovshek Location: $9 Lakeshore Road West, Plan 755, Lots 27 and 28, (Formerly Township of Oro) Proposal: Construct an attached garage, deck and laundry room Norman Pirtovshek was present. CA080821-07 Moved by Potter, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2008-A- 13subject to the following conditions: 1. The proposed addition shall be setback no closer than 1.95 metres from the west interior side lot line; 2. That the setbacks be in conformity with the dimensions as set out on the application submitted and approved by the Committee; 3. That the applicant obtain any required permit(s) from the Lake Simcoe Region Conservation Authority; 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report; 5. That a lot grading and drainage plan be prepared, for review and approval to the satisfaction of the Township; 6. That the appropriate building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 6 Application: Applicant: Location: Proposal: 2gg8-A-24 John Esteireiro 2713 Lakeshore Road East, Con. 14, Part Lots 2q and 21, (Formerly Township of Oro) Construct a one and half storey single family Nicholas Popovieh was present on behalf of the applicant. CAO$0$21-0$ Moved by Webster, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2088-A- 24 subject to the following conditions: 1. That the size and setbacks of the proposed dwelling be in conformity with the sketches submitted with the application and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1 }pinning the footing and 2) verifying in writing prior to pouring of the foundation so that: i. The dwelling including the attached deck be located no closer than 17.5 metres (57.4 feet} from the average high water mark of Lake Simcoe; ii. The dwelling including the attached deck be located no closer than 7.5 metres (24.6 feet} from the top of bank of the water course; 3. That the appropriate building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 199q, c. P. 13.; 4. That the applicants obtain approval from the Lake Simcoe Region Conservation Authority under the Conservation Authorities Act. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 7 g) Application: 2008-A-31 Applicant: James and Darlene Connick Location: 9 Richelieu Road, Plan M92, Lat 4 (Formerly Township of Medonte} Proposal: Reduce interior side yard Darlene Connick was present. CA080821-09 Moved by Potter, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance 2008-A-31, being to grant a reduction far the north interior side yard setback from the required 2.5 metres to 1.46 metres, for the construction of an attached garage to the existing dwelling, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application submitted and approved by the Committee; 2. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the proposed garage does not exceed 1.46 metres to the north interior side lot line. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 8 h) Application: 2008-A-32 Applicant: John Bell Location: 143 Bay Street, Plan 636, West Part Block B (Formerly Township of Oro) Proposal: Reduce interior and front yard setback, and increase maximum height John Bell was present. Tim Croaks requested that the two (2) metre setback from the side lot line not be granted and provided the Committee with a written outline of his concerns. CA080821-10 Moved by Potter, Seconded by Webster It is recommended that the Committee of Adjustment approves Variance 2008-A-32, being to grant a front yard setback of 5.7 metres rather then the required 7.5 metres, and to increase the maximum height from 4.5 metres to 5.4 metres subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1 }pinning the footing and 2} verifying in writing prior to pouring of the foundation by way of survey/real property report so that: a} the detached garage be located no closer than 5.7 metres from the front lot line; b} that the area of the detached garage be no larger than 67.6 m2, and have a maximum height of 5.4 metres. 2. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 9 i} Application: 2008-A-33 Applicant: Gaylene Hallyburtan Location: 195 Scarlett Line, Con. 2, Lot 57, (Formerly Township of Medonte} Proposal: Construct a detached accessory structure Gaylene Hallyburton was present. Letters in support of the application were received from K & T Bland and John and Wanda Tomlinson. CA080$21-11 Moved by Aiken, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2008-A- 33 subject to the following conditions: 1. That the height of the detached garage not exceed 6.2 metres; 2. That the setbacks be in conformity with the dimensions as set out in the application submitted with the application and approved by the Committee; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the height of the detached garage not exceed 6.2 metres; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 10 3 s.. ~ { j} Application: 2008-A-34 Applicant: Joseph and Nelly Lane Location: 85 Moon Point Drive, Plan 920, Lot 25 (Formerly Township of Orillia} Proposal: Front yard setback Joseph and Nelly Lane were present. CA08©821-12 Moved by Webster, Seconded by Potter It is recommended that Committee of Adjustment approves Variance Application 2008-A-34, being to recognize the stairs used to access the existing dwelling, having a minimum front yard setback of 5.9 metres subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1 }pinning the footing and 2} verifying in writing prior to pouring of the foundation by way of survey/real property report so that the stairs be located no closer than 5.9 metres from the front lot line; 2. That the appropriate building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Committee of Adjustment Minutes -August 21, 2008 Page 11 < z k) Application: 2008-A-35 x ~ a Applicant: Warren and Barbara Ryckman Location: 298 Line 11 South, Can. 11, Lot 5 (Formerly Township of Ora) Proposal: Increase floor area in a required yard Warren Ryckman was present. Joyce Fletcher and Paul Hutchinson expressed concerns over loss of privacy and sunlight, potential removal of buffer zone and that the proposal would allow a direct sight line into their master bedroom and ensuite and provided the Committee with a written outline of these concerns. Member Potter requested a recorded vats. CA080821-13 Moved by Webster, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance application 2008-A-35 subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by a) pinning the footing and b) verifying in writing that: a. the addition and deck be no closer than 1.3 metres to the north interior side lot line; b. that the maximum height of the proposed addition not exceed 6.7 metres from ground level to peak of the addition. 2. That the appropriate building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Member Webster Yea Member Aiken Yea Member Potter Nay Member Chappell Yea Carried. Committee of Adjustment Minutes -August 21, 2008 Page 12 6. STAFF REPORTS None. 7. NEW BUSINESS a) OMB Appeal - Oldfield. Verbal information received. 8. ADJOURNMENT GAO$0$21-14 Moved by Aiken, Seconded by Potter It is recommended that we do now adjourn at 1:40 p.m. until 9:30 a.m., Thursday, September 1$t", 2008 or at the call of the Chair. Carried. Michelle Lynch, Chair Steven Farquharson, Secretary Treasurer Committee of Adjustment Minutes -August 21, 2008 Page 13 TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL TECHNICAL SUPPORT GROUP MINUTES Robinson Room Tuesday, August 26, 2008 TIME: 2:35 p.m. Present: Councillor Terry Allison Councillor Dwight Evans Staff Present: Andria Leigh, Director of Development Services; Lisa McNiven, Manager of Engineering and Environmental Services; Sherri Moore, Deputy Chief Building Official; Glenn White, Senior Planner; Steven Farquharson, Intermediate Planner; Marie Brissette, Committee Coordinator. Regrets: Mayor H. S. Hughes Andria Leigh assumed the chair and called the meeting to order. 1. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. 2. SITE PLAN APPLICATIONS a} Chris Guest -Part of Lot 1, Range 1, 17 Pemberton Lane, Township of Oro- Medonte, Rall #010-007-08500 Matt Price was present on behalf of the applicant. No concerns were noted. b) Jaxx Trust -Lot 15, Concession 5, 37 Brambel Road, Township of Oro- Medonte, Roll #010-008-09100 Tony Dicarlo was present on behalf pf the applicant. It was noted that the neighbouring well and septic locations should be identified to ensure setback compliance. c) Ben Ramolla -Plan 1441, Lots 8 & 9, 17 Booth Street, Township of ©ro- Medante, Roll #010-410-42500 Ben Ramolla and Rob Jeffries were present. No concerns were noted. dj Lazeron Homes -Lot 25, Concession 10, RP 51 R35844 Part 2, Lakeshore Road, Township of ©ro-Medonte, Roll #010-003-25301 Jahn Jr. and John Sr. Lazeron were present. No concerns were noted. e) Adam Duivenvoorden, 2008-SPA-07, Lot 15, Concession 5, 5379 Line 4 North, Township of Oro-Medonte, Roll #020-002-077-0000 Peter and Adam Duivenvoorden were present. No concerns were noted. 4. ADJOURNMENT The Site Plan Control Technical Support Group adjourned at 3:30 p.m. Andria Leigh, Marie Brissette, Director of Development Services Committee Coordinator Page 2 Site Plan Control Technical Support Group Meeting Minutes -August 26, 2008 TOWNSHIP OF ORO-MEDONTE RECREATION TECHNICAL SUPPORT GROUP MEETING MINUTES Robinson Room Thursday, September 4, 2008 TIME: 7:06 p.m. Present: Ted Duncan Phillip Patchell Reta Regelink Carolyn Tripp Council/Staff Mayor H.S. Hughes Councillor Mel Coutanche Present: Councillor John Crawford Marie Brissette, Committee Coordinator Shawn Binns, Director of Recreation and Community Services Regrets: Mac Shiells Kelly Meyers Also Present: Julie Cloutier, Phil McGee, Michelle O'Sullivan, Ann Budge Councillor Coutanche assumed the chair and called the meeting to order. 1. ADOPTION OF THE AGENDA Motion No. RTSG080904-1 Moved by Tripp, Seconded by Patchell It is recommended that the agenda for the Recreation Technical Support Group meeting of Thursday, September 4, 2008 be received and adopted. Carried. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None. 3. ADOPTION OF MINUTES OF JUNE 12, 2008. Motion No. RTSG080904-2 Moved by Regelink, Seconded by Tripp It is recommended that the minutes of the Recreation Technical Support Group meeting held on June 12, 2008 be adopted as printed and circulated. Carried. 4. DEPUTATIONS a} Julie Cloutier, Project Coordinator, Simeae Muskoka District Health Unit, re: Good far Life. Ms. Cloutier reviewed the programs available and various committees and partnerships in place and provided brochures and a handout of her paver paint presentation. Motion No. RTSG080904-3 Maned by Patchell, Seconded by Duncan It is recommended that the verbal information presented by Julie Cloutier, Simcoe Muskoka District Health Unit re: Good for Life, be received. Carried. b} Phil McGee, re: Indian Park Association Trail Committee. Mr. McGee and Ms. O'Sullivan reviewed the trail systems within the Indian Park Association lands and provided maps of the IPA lands. Motion No. RTSG080904-4 Moved by Duncan, Seconded by Patchell It is recommended that the verbal information presented by Phil McGee and Michelle O'Sullivan re: Indian Park Trail Committee, be received. Carried. 5. COMMUNICATIONS a} Councillor Coutanche, re: Action Items from June 12, 2008 meeting. Updates were provided by staff and committee members an the various items listed. Motion No. RTSG080904-5 Moved by Duncan, Seconded by Patchell It is recommended that the verbal information presented by Councillor Coutanche re: Action Items from June 12, 2008 Recreation Technical Support Group meeting, be received. Carried. Recreation Technical Support Group Minutes of September 4, 2008 2 b) Councillor Goutanche, re: "Everybody Gets to Play". The Committee discussed the potential fora "Fee Assistance Policy". Motion No. RTSGO$0904-fi Moved by Patchell, Seconded by Duncan It is recommended that the verbal information presented by Councillor Goutanche re: "Everybody Gets to Play", be received. Carried. c) Shawn Binns, re: Facility Master Plan Update. Mr. Binns provided an update on the facility condition audit and noted that surveys were provided to various user groups in order to generate comments and input into the Master Plan. A Public Meeting was set for Tuesday, September 23, 2008 at 7:00 p.m. at the Warminster Elementary School. Motion No. RTSG080904-7 Moved by Tripp, Seconded by Patchell It is recommended that the verbal information presented by Shawn Binns, Director of Recreation and Community Services re: Facility Master Plan Update, be received. Carried. d) Shawn Binns, re: Recreation and Community Services Department Organizational Realignment. Mr. Binns provided an overview of the realignment and responsibilities of the department. Motion No. RTSG080904-8 Moved by Duncan, Seconded by Tripp It is recommended that the verbal information presented by Shawn Binns, Director of Recreation and Community Services re: Recreation and Community Services Department Organizational Realignment, be received. Carried. Recreation Technical Support Group Minutes of September 4, 2008 3 e) Shawn Binns, re: Capital Projects Update. Mr. Binns noted that the Grand Opening for the Sweetwater Park is scheduled for September 20, 2008 at 1 p.m. An update on the ongoing projects at the Ravines of Oro- Medonte, Shelswell Park, Memorial Park, Line 4 Park and Sweetwater Park was provided. Motion No. RTSGO$Q904-9 Moved by Tripp, Seconded by Regelink It is recommended that the verbal information presented by Shawn Binns, Director of Recreation and Community Services re: Capital Projects Update, be received. Carried. 6. SUB-CQMMITTEE UPDATES a) Sports Groups Committee. The sub-committee is to reconvene in the fall. 7. ANNOUNCEMENTS The Master Plan Public Meeting, Grand Opening of Sweetwater Park and Oro Moraine Day at the Oro World's Fair will be advertised. 8. ADJOURNMENT Motion No. RTSGU$0904-10 Moved by Regelink, Seconded by Patchell It is recommended that we do now adjourn at 9:06 p.m. Carried. Recreation Technical Support Group Minutes of September 4, 2008 4 C.R.A. DEVELOPMENTS LTD Tim Crawford 425 Lakeshore Rd E ORO ON COL 2E0 705 407 2574 ctimcrawford@rogers.cam September 3, 2008 The Clerk The Township of Ora-Medonte (hand delivered) Re: 51 R 36216, and, Application 2008-B-11 to 2006-8-16, Committee of Adjustment Decision, p. 2. As has been discussed with Planning, the LSRCA and my agent, Skelton-Brumwell, a block of land called Part 7 in the above reference plan, has been specifically identified. Item #4 of the above referenced Committee of Adjustment Decision states: "That the applicant dedicates Block 7 as the appropriate contribution for parkland dedication" This letter hereby formally offers to convey ownership of Part 7 of 51R36216, to the Corporation of the Township of Oro-Medonte. In that there is a buyer of one of the lots who is quite anxious to begin building, and in that the whole process of severing the lots described in the above numbered plan has taken some number of years, it is respectfully requested that the Township considers temporarily waiving the condition outlined in Item #4 so that the deed for one lot could be provided on the agreed-to closing date of Sept 9, 2008. If Council should decline this offer, I hereby ceriify that all funds "in lieu of parkland" will be paid to the Township, immediately upon request. If necessary, I would deposit with the Township sufficient funds to represent "payment in lieu of parkland" for the one lot that has been sold, until Council makes its final decision on the above offer. Should Council determine that it will assume ownership, we would appreciate acquiring the name of the solicitor who would be handling the transfer of ownership on behalf of the Township. y~, Sincerely, . ~ ~~ - .-~ "r .e Copy to Julianne Ecclestone Irwin, Dau From: Smith, Brian K. [Brian.SmithCsimcoe.ca] Sent: Sunday, August 17, 2008 11:54 PM Ta: Andrea Fay; clerk@wasagabeach.com; bkaneG~townshipadjtos.on.ca; ctobey(~penetanguishene.ca; Trainor, Carol; Irwin, Doug; gmcdonaldC~town.newtecumseth.on.ca; hsander@townshipofsevern.com; jleachC~innisfil.ca; dlukerC~tiny.ca; mgallowayQessatownship.on.ca; pnash~tawnofbwg.com; rbates@township.ramara.on.ca; bcampbellQclearviewtwp.on.ca; salmasC~?collingwood.ca; athomas@tay.township.on.ca; caoQwasagabeach.com; IallisonC~innisfil.ca; rbatesQtownship.ramara.on.ca; tcaron@town.newtecumseth.on.ca; jcurrierC~townofbwg.com; Dunn, Robin; wmbfox~townshipadjtos.on.ca; Grant, Winanne; slathamC~tay.township.on.ca; dlukerC~tiny.ca; smckenzieC~clearviewtwp.on.ca; gmurphyCessatownship.on.ca; gnarrisC~collingwood.ca; epeterson@townshipofsevern.com; erath@penetanguishene.ca; caoC~wasagabeach.com; twalkerC~tawn.midland.on.ca Cc: Hudolin, Grant; Elliott, Craig; Aitken, Mark; Knax, Glen; Smith, Brian K. Subject: Rural Connections Opportunity Attachments: PM 08-099 Rural Connections Program.doc Importance: Nigh THE FOLLOWING ITEM REQUIRES URGENT ATTENTION FROM MEMBER MUNICIPALITIES IN ORDER TO BE ELIGIBLE FOR PROVINCIAL BROADBAND FUNDING. County Council will be considering participation in a broadband Internet program called Rural Connections at their upcoming meeting of August 28, 2008. The attached report (PM 08-099) was considered at our Performance Management Committee and is recommended for approval Should County Council decide to proceed with an application far funding which is due September 18, 2008, it is imperative that we have an indication from your municipality as to whether you wish to be included under that application. Please note that a municipality may only be part of a single Rural Connections application sa if you are already committed to another application, it would be helpful for us to know that as well. If we do not receive a response by September 4, 2008, we will not be including your municipality in our application for funding. Rural Connections is a provincially funded OMAFRA program which is providing $30M over the next four years to promote the expansion of high speed Internet (broadband) across rural Ontario. Many local municipalities attended the information session on July 15, 2008 where the program details and application process were described. Further information is available on the OMAFRA website tt :llwww.omafra. ov,on.ca/en fish/rurallrura!connections/braadband.htm . County staff are completing preliminary work to identify underserviced areas across the county and have had discussions with Internet service providers to determine their interest in the program. With limited funding available, it is unlikely that all areas of need will be addressed by this initial application, but there will be opportunities to apply for additional funding over the course of the four year program. Should you choose to participate in the County's application (subject to your Council's approval}, there are several things you can da to support that process: 1. Reply by e-mail indicating your support far the program and your desire to be included on the County's Rural Connections application to: brian.smitC~simcoe.ca no later than September 4, 2008. 2. Indicate whether you would be willing to consider providing access to any water towers, communications towers, or other municipal facilities, in order to mount communications equipment, ar interfaces to existing SCAN connections (details to be discussed later). 3. Indicate whether you would be willing to support the Outreach and Awareness component of the program by hosting public information sessions, including information on your web site, or offering assistance from municipal staff. 4. Provide the name, title, phone number and e-mail address of a person who will serve as the main contact for your municipality as we attempt to put our application together aver the next few weeks. The timelines for this program application are very tight, but if County Council approves the recommended approach, we will aim to meet the September 18, 2008 deadline. If we are unable to get the required information from communications vendors or other stakeholders, we will defer our application until the next entry point which is February 12, 2009. 1 appreciate your time to consider involvement in this communications initiative. Should you have any questions, do not hesitate to contact me at {705} 726-9300 x1188 or by e-mail brian.smithsimcoe,ca . Brian Brian Smith Director of Information Technology County of Simcoe Phone: (705} 726-9300 x11$8 FAX: (705} 726-8167 E-mail brian,smithC~simcoe.ca Web: simcoe.ca ------------------------------------------------------------------- COUNTY OF SIMCOE ITEM FOR: PERFORMANCE MANAGEMENT COMMITTEE SECTION: Finance and Administration ITEM NO. PM 08-099 MEETING DATE: August 1~, 2008 SUBJECT: Rural Connections Program RECOMMENDATION: THAT County Council strongly support the development of broadband Internet access within Simcoe County as a priority; THAT staff be requested to prepare an application to the Rural Connections program as outlined in Item PM 08-099; AND THAT the County of Simcoe be responsible for securing and administering two thirds of the program funding fram vendors and other stakeholders. BACKGROUiV'D: Last year, the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) launched a program, called Rural Connections, to help promote the development of broadband Internet access in n~ral Ontario. This year, the program has been extended with $30 million in funding being made available over the next 4 years. Based on the preliminary work which is further described below, staff is recommending that the County prepare an application to the Rural Connections program. In May of this year, the Information Technology Department conducted a survey to help identify the availability of high speed Internet service (broadband) throughout our region and the level of interest for such services. The survey generated significant interest as more than 1,800 residents responded. Many reported an interest in a wide variety of both personal and business applications ranging from the almost ubiquitous e-mail and web browsing to just over 25eIo wanting to establish virtual private connections (VPN) to their employers to facilitate telecommuting. Discussions have subsequently taken place with many of the Internet Service Providers {ISPs) in the area, in an attempt to determine their service coverage and their interest in the Rural Connections program. This information is being mapped along with the resident survey data to validate underserviced areas. It is interesting to note that from an Internet Service Provider's perspective, iYs often the "line of sight" issues at the customer premises which are as much of an obstacle as the Internet Service Provider's wireless tower infrastructure. The County of Simcoe with its undulating terrain, forests, rocks, and shoreline poses some difficult challenges. Rural Connections staff conducted an information session on July 15, 2008 to outline the program and application process. County staff attended the session which also had representation from several of our member municipalities. As a follow up, Ontario Ministry of Agriculture, Food and Rural Affairs personnel attended a meeting at the County offices on July August 14, 200$ Performance Management Committee PM 08-099 Page 2 29, 2008 to provide further information to County staff and other stakeholders with regard to a Simcoe area application. The program will provide funding of up to ~lmillion for each application, which can be applied to 33°IQ of the total project costs. The balance will be covered by the vendors who are expected to build the network infrastructure, along with municipal contributions which can include "in kind" support such as staff resources to manage, promote and administer the project. As the lead municipality, the County will be required to secure and administer the two thirds contributions from stakeholders. Applications may be submitted for September 18, 2008 ar Febnlary 12, 2009 as the next two entry points in the four year program. Applicants must provide the following components in their application: 1) Business Case 2) Gap Analysis 3) Technical Plan 4} Cost Summary 5) Small and Medium Enterprise Outreach 1 Awareness and Public Sector Access Plan as detailed at htt~~flww~ a ~_~,_ ~ ~~~v.an.ca/en~lishfr~~rallrt~ralcannec;tian~fbroadband htnz . There is broad interest amongst member municipalities, economic development agencies, and the Simcoe Community Access Network (SCAN) to participate in the program. Some groups may choose to organize around a smaller geographic area and submit an application on their awn, however, it appears that the County has strong support to prepare an application on behalf of many of our regional stakeholders. Should Council wish to prepare an application to the Rural Connections program, County Information Technology staff will proceed to engage the various stakeholders, and work towards completing the application, It is also necessary for Council to formally state its support for the development of broadband Internet access and to be responsible for securing and adminstering two-thirds of the program funding from vendors and other stakeholders as noted in the recommendation above. Prompt turnaround from member municipalities, who will be asked for formal letters of support, is required, as well as from the vendor commlulity, who has a key role in defining service gaps and providing input into the technology plan. The initial submission date is September 18, 2008. If additional time is required to gather the appropriate information, the next date for applications is February, 2009. FINANCIAL ANALYSIS: At this point, there have been no direct costs incurred through the survey initiative or the analysis. However, in order to proceed with an application, staff resources will have to be freed up and some existing projects will be deferred, If the County is successful in its application, additional "in kind" contributions of staff resources will be required to administer the program and to address the Ministry reporting requirements through next year. The Simcoe Community Access Network has pledged $20,000 towards consulting services which may be required during the application and / or implementation phase of the project. SCHEDULES: There are no schedules to this item. PREPARED BY: Brian Smith, Director of Information Technology August 14, 200$ Performance Management Committee PM 08-099 APPKOVALS. Craig Elliott, General Manager of Finance and Administration Mark Aitken, Chief Administrative Officer Date: August ~, zoos August 6, 2008 Pale 3 i ~6 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-104 A By-law to Authorize the Execution of a Site Plan Cantral Agreement between The Corporation of the Township of Oro-Medante (Ora-Medonte Biosolids Storage Facility Expansion, Contract No. 2007-06) and The Corporation of The City of Barrie described as lands as follows: Part of the West Half of Lot 17, Concession 7 (Oro) Being Part 1 of Plan 51 R-17024, Part 1 of Plan 51 R-22925 and Parts 1 and 2 of Plan 51R-15328. Being all of PIN #58546-0050 (Lt) Roll #4346-010-003-25301, Township of Ora-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1994, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law Na. 2008-069, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medante> pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2008-069; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement an behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin APPENDIX "A" SITE PLAN AGREEMENT - between - THE CORPORATION OF THE CITY OF BARRIE -and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Oro-Medante Biosolids Storage Facility Expansion Contract No. 2007-06 DESCRIPTION OF LANDS Part of the West half of Lat 17, Concession 7 (Oro) Being Part 1 of Plan 51 R-17024, Part 1 of Plan 51 R-22925 and Parts 1 and 2 of Plan 51 R-15328. Being all of PIN #58546-0050 (Lt) Roll #4346-010-003-25301 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE July 2008 By-Law No. 2008-104 THE TtJWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE ©F CQNTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule ~B" Site Plan Schedule "C° Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction ~_ SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this 16`h day of July 2008, in accordance with Section 41 of the Planning Act. BETWEEN: THE CORPORATION OF THE CITY BARRIE Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit the construction of a new building to house additional storage tanks and controls for the expansion of the Barrie Offsite Biosolids Facility on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the i_ands as part of a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the Lands in accordance with the Site Plan drawings referred to in Schedule `B" (the "Approved Plans"}; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: r 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a} The Owner owns the subject Lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the Lands. b} This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the t_ands. c} No work shall be performed on the Lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement and the Approved Plans. d} The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies. e} The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of Lands for the intended use. f} The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible far the cost of performance of al( the Owner's obligations hereunder, unless the context otherwise requires. 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 specifically stated otherwise. The refundable deposit for expenses and actual cast shall be $1,OQ0.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual casts are submitted by the Township. g} The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h} The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a} That the Township has enacted a By-law to permit the construction of a new building to house additional storage tanks and controls for the expansion of the Barrie Offsite Biosalids Facility as described an the Approved Plans. b} That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the Lands, in accordance with the Approved Plans subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the Lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the Lands shall be in accordance with and as set out in the Approved Plans. b} Li htin All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use andlor roadway, not to cause interference in any way. c} Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419186, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrance shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed in accardance with the Approved Plans. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medante. d} Outside Storage Except during the course of construction being carried out in accardance with the Approved Plans and materials and equipment related to such construction, na outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e} Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Approved Plans, and to install and maintain litter containers in and around development on the Lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f} Landsca~ng The Owner shall complete all landscaping and landscaped areas shown on the Approved Plans, as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on ail lawn areas. g) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Lands being developed in accordance with the Approved Plans, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT GRANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by a!i parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of 1 Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend an circumstances. 5. SECURITY It is acknowledged and agreed that the Owner is a municipal corporation that has agreed pursuant to Section 10 of this Agreement to indemnify the Township with respect to all claims, suits, actions and demands which may arise in connection with the obligations of the Owner arising pursuant to this Agreement either directly or indirectly by reason of any work or service performed by the Township. In view of this indemnity and the status of the Owner as a municipal corporation, the Township has agreed that no further security is required in the circumstances. 6. GOMP~IANGE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at Liberty to utilize the provisions of Section 427 of the Munlcipa! Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the Lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFEGT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the Lands and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision sa declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants orsub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims ar demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. ~. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED }The Corporation of the City of } Barrie } } } per: r ~- ... ~_.`_~~t:,~~ }Name: ~.. n. aspnErr ' ~ ~ }Title: Mayor .. ., } .. ~~ ~- - ,__ } } } ;' i ) } } per: ~ ! ~ ;;~ -~==, } Name; ~~~ GAREY dEGORTER } Title: ~~~~ D`EP`tTTY CITY CLERK } } } } } } The Corporation of the } Township of Oro-Medonte } Per: } } } } H.S. Hughes, Mayor } } } } J. Douglas Irwin, Clerk } z SCHEDULE "A" NOTE: It is understaad and agreed that this Schedule farms part of the Site Plan Agreement between the Township of Ora-Medonte and The Corporation of the City of Barrie. LEGAL DESCRIPTION OF LANDS Part of the West Half of Lot 17, Concession 7(Oro}, Township of Ora-Medante Being Part 1 of Plan 51 R-17024, Part 1 of Plan 51 R-22925 and Parts 1 and 2 of Plan 51 R-15328. Being all of PIN #58546-0050 (Lt} Roll #4346-010-003-25301 scHEau~E ~~~„ NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and The Corporation of the City of Barrie. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. BO-C-141 -Site Plan (Civil) prepared by CH2MHILL dated July 2007 BO-C-140 -Existing Site Plan (Civil) prepared by CH2MNILL dated July 2007 BO-C-142 -Grading, Erosion Control and Drainage Plan (Civil) prepared by CN2MNILL dated July 2007 BO-C-143 -Drainage Part Plan (Civil) prepared by CH2MHILL dated July 2007 SCHEDULE "C" NOTE: It is understand and agreed that this Schedule farms part of the Site Plan Agreement between the Township of Ora-Medante and The Corporation of the City of Barrie. . DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.001 and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.4 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A la SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Pian Agreement between the Township of Oro-Medante and The Corporation of the City of Barrie. ITEMIZED ESTIMATE OF CCJST CIF CCNSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required $1,aaa.a0 under the terms of this Agreement, as noted {refundable in Sections 1 {f} herein. deposit} THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO.2008-105 A By-law to Amend By-Law No. 2008-069, "Being a By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas" WHEREAS the Official Plan of the Corporation of the Township of Oro-Medante was approved by the Minister of Municipal Affairs on August 15, 1997; AND WHEREAS Council for the Corporation of the Township of Oro-Medante established Site Plan Control policies in the Official Plan for the Township; AND WHEREAS Section 41(2) and 41(3) of The Planning Act, FiSO, 1990 c. P, 13, as amended provides that where in an Official Plan an area is shown or described as a proposed Site Plan Control area, the Council of the local Municipality in which the proposed areas is situate may, by by-law, designate the whole or any part of such area as a Site Plan Control area and further that Site Plan Control areas may be designated on the basis of their zone category in the Township's Zoning By-law; AND WHEREAS Council deems it advisable to provide for Site Plan Control areas in order to provide for the orderly development of commercial, industrial and other special areas within the Township; AND WHEREAS Council far The Corporation of the Township of Oro-Medonte did enact By-law No. 2008-069 on the 28th day of May, 2008; AND WHEREAS the Council of the Township of Ora-Medante deems it advisable and expedient to amend By-law No. 2008-069; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That within Section 4 of By-law 2008-069, "Director of Engineering and Enviranmentat Services" be deleted and replaced with "Director of Development Services". 2. That this by-law shall take effect an the final passing thereof BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2aos. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin lac-~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-106 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte and Mass Development Ltd. described as lands as follows: Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance Between Lots 11 & `A', Concession 2 as closed by By-law Oro18994 being Part 2, 51 R-2282, except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, TiW R0487177, being all of PIN #58544-0140 (Lt} Township of Oro-Medonte (Geographic Township of Oro}, County of Simcoe WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. t3, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance Between Lots 11 & `A', Concession 2 as closed by By-law Oro18994 being Part 2, 51 R-2282, except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T!W R0487177, being all of PIN #58544-0140 (Lt) Township of Oro-Medonte (Geographic Township of Oro}, County of Simcoe -Roll # 4346-010-1-16000-0000. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule `A'. 2. That the Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule `A", be registered on title against the lands described therein; 3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Subdivision Agreement against the owners and any and all subsequent owners of the land; 4 That this By-Law shall come into force and take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin ll A~~ ~~ ~ ~ SUBDIVISION AGREEMENT -between - MOSS QEVELOPMENT LTD. -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance Between Lots 11 & `A', Concession 2 as closed by By-law Oro1$994 being Part 2, 51 R-2282, except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, TlVI(I R0487177, being all of PIN #58544-0140 (Lt) Geographic Township of Oro TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE August 2008 By-Law No. 2008-106 !public worksl2008 subdivision agreementslstandard subdivision agreement ~w TOWNSHIP OF ORO-MEDdNTE SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 The Lands, Plans and Representations Part 3 Requirements Prior to Execution of Agreement Part 4 Pre-Construction Requirements Part 5 Financial Requirements Part 6 Staging or Phasing Part 7 Construction Requirements Part 8 Building Permits and Occupancy Part 9 Maintenance and Acceptance Part 10 Default Provisions SCHEDULES Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Unsuitable for Building Purposes and/or List of Lots Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule "K" - Standard Township Letter of Credit TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the day of , Zppg. BETWEEN: Moss Development Ltd. {hereinafter called the "Developer"} OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE {hereinafter called the "Township"} OF THE SECOND PART WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule "B" and collectively are herein referred to as the "said lands"'; AND WHEREAS a Draft Plan with Conditions {43-OM-91050} has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.OQ) of lawful money of Canada now paid by the Township to the Developer {the receipt whereof is hereby acknowledged}, THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: PART-1 GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontario: 1.1.1 To prepare designs in accordance with the Township of Oro- Medonte Engineering Standards and Drawings (dated October, 1997}. 1.1.2 To prepare and furnish all required drawings and specifications. 1.1.3 To prepare the necessary contracts} and provide contract administration. 1.1.4 To obtain the necessary approvals in conjunction with the Township, from the Township of Oro-Medonte sewage approval authority, Simcae County District School Board and Simcoe Muskoka Catholic District School Board, and utility companies, or as a result of legislative or procedural change, the Ministries shall be deemed to be the Ministry of Municipal Affairs and Housing, as well as the Council of the Township of Oro-Medonte or the Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8.2. 1.1.5 To act as the Developer's representative in all matters pertaining to the subdivision. 1.1.6 To provide co-ordination in scheduling to comply with the timing provisions of this Agreement and the requirements of the Township Engineer, for all the work specified in this Agreement. 1.1.7 To provide supervision during construction of all the services. 1.1.8 To ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice. 1.1.9 Ta maintain records of construction, which shall be available for inspection or copy by the Township. 1.1.10 To prepare final "as constructed" Mylar drawings which will include the following with regard to provision of a digital Plan of Subdivision: Completed digital Plan of Subdivisions must be in AutoCAD 12 drawing format or DXF and be delivered an a 1.44 MB floppy diskette. Two copies of each Plan of Subdivision are required on separate diskettes. Each diskette must be labeled identifying the legal property description, developer's name, file name, and date delivered. PKZIP Release 2.04G may be used to perform file compression, if required. It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. All line data depicting property boundaries must be mathematically closed to form polygons. The lines, which describe the boundary of afl properties created within the Plan of Subdivision, will be isolated on a unique layer/level. In certain cases, some of the line segments will coincide with the location of concession lot lines, registered plan data, open roads, rivers, and lakes. PLAN OF SUB layerllevel will outline the property boundaries in the form of enclosed polygons. LAYER/LEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW 2 The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layerllevel. The lot number will be inserted as descriptive text. LAYERILEVEL PL LT TEXT FONT MONOTEXT COLOUR YELLOW 2 The digital files should contain enough site data as to allow for horizontal and vertical positioning within the existing base mapping. A minimum of two road intersections located outside the Plan of Subdivision must be shown in the drawing. It is not necessary that the digital data be in Universal Transverse Mercator (UTM) co-ordinates since the registration process wiN automatically convert any unit grid to the "Ontario Base Mapping UTM Co-ordinate System". 1.1.11 To furnish the Township with a certificate with respect to each lot or building block far which a Building Permit application is made, certifying that the proposed construction is in conformity with the General Location and Lot Grading Plan or with an approved variation; {NOTE: That a Professional Engineer could also be retained to provide the afore-mentioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner}. 1.1.12 To prepare and provide the Township, for each lot or black within the plan, a certificate of final grade elevation, indicating that the property has been developed in conformity with the General Location and Lot Grading Plan or with an approved variation {NOTE: That a Professional Engineer could also be retained to provide the afore-mentioned and any costs incurred by the Township will be the responsibility of the Developer or individual lot owner}. NOTE: in the case of lots built on after the sale or transfer by the Developer, the Township reserves the right to request a similar certificate, as required under 1.1.11 and 1.1.12, but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the Township has their Engineer prepare the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. 1.2 LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the past office, as follows: Moss Development Ltd clo Roy Murad -President 7822 Yonge Street Toronto ON M2P 2B8 Or by Facsimile Transmission ta: 416-224-5450 In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change{s) in his principal place of business. 1.3 REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.4 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.5 MORTGAGEE BECOMING DEVELOPER The mortgagee{s} hereby agrees that in the event of him/they becoming the Developer(s) of the lands under his(their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage{s}, and the mortgagee(s) agrees to register a discharge of the mortgage{s) on those lands if called upon by the Township, to do so, and helthey shall be subject to the terms of the Agreement as though he/they had executed this Agreement in the capacity of the Developer. 1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him assigning or transferring the mortgage{s} on the lands, the assignments} or transfers} shall be subject to the terms hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township ar to make a cash payment in lieu thereof, as provided by Section 51.5 of the P-anning Act, R.S.O. 1990 c P.13 and required by the Township of Oro- Medonte. The Developer also agrees to certify good title to lands by the Developer's solicitor. The deeds for the said lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and registration of the said dead. The Developer shall provide to the Township's solicitor, certification of good title, free and clear from all encumbrances. 1.8 EASEMENTS The Developer agrees to grant, at his expense, all such easements and rights-of-ways as may ba required for the installation and supply of services to the subdivision and to dead lands to the Township, as set out in Schedule "G"'. The Developer also agrees to certify goad title to easements and right-of-ways by the Developer's solicitor Prior to executing this Agreement, all known easements shall be filed with the Township in a form approved by the Township's solicitor. A list of easements and rights-of-way shall be set out in Schedule "G" of this Agreement. 1.9 ELECTRICITY AND TELEPHONE Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a latter from the electricity supplier and from the telephone supplier, stating that the Developer has entered into a satisfactory agreements} with them with respect to the costs of installing underground wiring and financial contributions in this regard. The cast of any relocations or revisions to existing private companies' plant and equipment, which are necessary to accommodate this subdivision, shall be borne by the Developer. 1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING The Developer agrees to advise all prospective purchasers that there era no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated Public and Catholic school sites in the community is not guaranteed, and that pupils may be accommodated in temporary facilities out of the neighbourhood schools` area. This clause is to be placed in any Agreement of Purchase and Sala entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.11 CANADA POST The Developer agrees to construct, if required, a site to the specifications and standards of Canada Post and the Township, as required for the construction of mailboxes by Canada Post. 1.12 MINISTRY OF THE ENVIRONMENT The Developer and each individual lot owner, agrees to comply with the requirements and recommendations of the Soils and Groundwater Inventory prepared by Skelton Brumwell dated 1989 and the Well Evaluation and Development Impact Study prepared by Wilson Associates dated 1992. 1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses, 1.1.11, 1.1.12 and Note of 1.1, 1.10,1.11,1.12,5.5,5.7.2,7.3,7.9,7.16,8.1, 8,1.1,8.2,8.3,8.4,8.5,9.8and Schedule "F", to each prospective purchaser of a lots}. 1.14 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly ar indirectly by reason of any work performed by the provisions of this Rgreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Rgreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence an the part of the Township, its servants or agents. 1.15 ENUREMENT This Agreement shall endure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. PART-2 THE 1_ANDS, PLANS AND REPRESENTATIC?NS 2.1 SC©PE QF AGREEMENT 2.2 DESCRIPTION QF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 2.3 P1~4N REFERENCE Far the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval issued by the Township of Oro-Medonte, may necessitate a change in the provisions of this Agreement. 2.4 CONF©RMITY WITH AGREEMENT The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules hereinafter referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings listed in Schedule "C" of this Agreement, along with the Storm Water Management Report prepared by ConSALtech Engineering Solutions dated May 2008 revision date June 2008: Drawing No. Description Cover Sheet and General Notes M-Plan R-Plan STM-1 Pre-Development Storm Drainage STM-2 Post-Development Storm Drainage SSC-1 Storm Sewer Catchment Plan CUP-1 Composite Utility Plan PND-1 Stormwater Management Plan -West Pond PND-2 Stormwater Management Plan -East Pond L-1 Stormwater Pond Landscape Plan -West Pond L-2 Stormwater Pond Landscape Plan -East Pand L-3 Landscape Details LG-1 Lot Grading Plan -West Half LG-2 Lot Grading Plan -East Half P-1 Plan and Profile -Caldwell Drive (STA. 0+000 to 0+350} P-2 Plan and Profiie -Caldwell Drive (STA 0+350 to 0+700} P-3 Plan and Profile -Line 1 North (STA 0+000 to 0+260} P-4 Plan and Profile -South Limit of Block 26 ESP-1 Erosion and Sediment Control Plan FWR-1 Fire Water Reservoir SD-1 Standard Details SD-2 Standard Details 2.4.3 All Plans and Specifications submitted to and accepted by: ~ `° 2.4.3.1 Ministry of the Environment 2.4.3.2 Electrical Distribution Utility 2.4.3.3 Township of Caro-Medonte 2.4.3.4 Ministry of Natural Resources 2.4.3.5 County of Simcoe 2.4.3.6 Ministry of Transportation 2.4.3.7 NVCA 2.4.4 All applicable Township By-Laws, including any applicable Sits Plan Control By-Laws. 2.4.5 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. 2.5 RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will complete all Municipal and other works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. 2.6 SCHEDULES ATTACHED The following Schedules are attached to and farm part of this Agreement: Schedule "'A" - Description of Lands Affected by this Agreement Schedule '"B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Unsuitable for Building Purposes and/or Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule "K" - Standard Township Letter of Credit 2.7 SUBDIVISION CHANGES There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the Township or others, unless such proposed changes have been submitted to, and approved by, the Township and the Township Engineer. 10 PART-3 REQUIREMENTS PRIQR TO EXECUTIC}N OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes -have paid all Township tax bills issued and outstanding against the said lands. 3.1.2 Deeds and Easements -have delivered to the Township all transfers(deeds, discharges and easements or other documents required by Schedule "G", as well as Certification from the Developer's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 3.1.3 Postponement Mortgage(Charge -file with the Township solicitor, for his approval, a postponement of Mortgage/Charge document. 3.1.4 Cash Deposits, Development Charges and Security -have paid to the Township all cash deposits. development charges and security required by Schedules "D" and "F". 3.1.5 Construetian(Engineering Plans and Specifications -have supplied to the Township, those Plans and Specifications necessary to identify the construction/engineering aspects of the proposed development, and have received from the Township an acknowledgment of conformity with general design concepts of the Township. 3.1.6 Electricity -have supplied to the Township for approval, those plans necessary to identify the electrical distribution system, lighting requirements, and power supply to each lot or building or unit, as the case may be, and these are to be to the required Township standards, which includes underground wiring. 3.1.7 Insurance Certificate -file with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 3.1.8 Consulting Engineer's Letter -ensure that each Consulting Engineer (who must be experienced in the field of Municipal Services) for the Developer, file with the Township, a letter confirming the terms of his retainer, and which letter shall be in draft format supplied by the Township. 3.1.9 Utilities and Canada Post Confirmation -arrange far the Electrical Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. and Canada Post, to write a -etter to the Township Clerk confirming that: 3.1.9.1 They have been informed of the project and have seen the development plans. 3.1.9.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense ar obligation on the part of the Township. 3.1.9.3 Easement requirements, if any. 3.1.10 Land Ownership- be the registered owner in fee simple of the lands described in Schedule "A", and that there will be no encumbrances registered against the said lands. 3.1.11 Approvals -obtain and file with the Township, confirmation approvals from the following: 3.1.11.1 Ministry of the Environment 3.1.11.2 Electrical Distribution Utility 3.1.11.3 Township of Oro-Medonte 3.1.11.4 Ministry of Natural Resources 3.1.11.5 Gounty of Simcoe 3.1.11.6 Ministry of Transportation 3.1.11.7 Nottawasaga Valley Gonservation Authority 3.1.12 Lot Sizes -file with the Township, a certificate from an Ontario Land Surveyor confirming that the frontage and area of each lot meets the minimum requirements of the Township Zoning By-law. 3.1.13 Molars -provide for registration, Molars of all Plans incorporated into this Agreement as Schedules. 3.1.14 Fire Ghief Approval -obtain an approval from the Fire Ghief of the Township confirming and approving of the proposed plans for fire protection, and specifying any hydrants, ar other equipment, or appurtenances required. 13 PART-4 PRE-CC7NSTRUCTION REQUIREMENTS 4.1 Prior to starting construction of the subdivision works, the Developer shall: 4.1.1 Plan Registration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 4.1.2 Approval of Plans The Developer and the Engineers employed by him shall have the plans and specifications for the works approved by the Township Engineer prior to construction and the originals must be stamped as accepted by the Township Engineer. Submit and obtain the Township Engineer's approval of the following, all to be in accordance with the Township's approved Engineering Standards: the drainage plan; ii} the lot grading plan; iii) the service layout plan for Electrical, Telephone and Gas; iv) the road and sewer plans and profiles. 4.1.3 Certificate of Approval Submit to the Township, the Ministry of the Environment's Certificate of Approval far Storm Sewer Works,waterworks and detention facilities 4.1.4 Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township Engineer. The Township and Township Engineer are to be provided with the names and phone numbers of personnel responsible for the works, including emergency phone numbers. 4.1.5 Scheduling of Works Prior to the start of construction, the Developer shall supply for the Township Engineers, approval of a Schedule of Works, setting out the order in which he considers the various sections of the works within the Plan will be built. The Township Engineer may amend this Schedule and the Developer shall construct, install or perform the works as the Township Engineer, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 4.1.8. 4.1.6 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. 13 .., A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineer and the Nottawasaga Valley Conservation Authority. Prior to any grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Engineer shall submit the Plan far approval by the Township Engineer and the Nottawasaga Valley Conservation Authority. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized an the site during and after the construction period. The Developer agrees to carry out, or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineer and the Nottawasaga Valley Conservation Authority. The Developer agrees to maintain all erosion and siltation control devices in goad repair during construction. 4.1.7 Si ns Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township Engineer, and the signs shall read as follows: "ROADS NOT ASSUMEQ BY TOWNSHIP -USE AT YOUR OWN RISK" The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services}. 4.1.8 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48} hours written notice to the Township Engineer, of his intent to commence work. The Developer shall complete the works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement, and all aboveground services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.11 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineer. Subsequent phase shad be completed within a one (1) year time frame for underground services and two (2} years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight (48} hours written notice to the Township Engineer before work is resumed; If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either; a} Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or b) Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize an its security and proceed with the completion of construction, in accordance with the provisions of the Plans filed with the Township. 14 4.2 BREACH OF AGREEMENT If the Qeveloper commences or causes construction of the works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 10. l PART - 5 g ~ ~- FINANCIAL REQUIREMENTS 5.1 DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwrise. 5.2 TOWNSHIP'S LEGAL PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township's Engineer for checking of plans and specifications and inspection an behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum of Ten Thousand {$ 10,000.00} upon submitting a Plan to the Township for consideration to be applied to account of such casts. As accounts are received from the Township Planner, lawyer and Engineer, they will be paid by the Township and then submitted to the Developer far reimbursement within thirty {30} days, so that the initial deposit will again be built up to enable the Tawnship to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of Five Thousand {$ 5000.00}, or less, and the Developer does not pay the accounts within thirty {30) days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 5.3 DEYELOPER'S LIABILITIES Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 5.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. He or his Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Maintenance and Final Acceptance {Aboveground Services) is issued. If an additional electrical service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. 5.5 DEVELOPMENT CHARGES REAL PROPERTY TAXES AND OTHER LEYIES AND IMPOSTS a) Development charges and education development charges shall be payable on a per-lot basis, prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, an the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. (6 c} Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the Municipal Act, 2001, S.CJ. 2001 c.25 at present serving this property and assessed against it. These charges are set out in Schedule "F" of this Agreement. NOTE: In addition to the Municipal Development Charges, the lots may be subject to County development charges and applicable development charges of any Public Utility. S,6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract far the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent {100°l0} of the estimated cost of the said work as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "K" with an automatic renewal clause, in the amount of one hundred percent {100%) of the estimated costs of the said works, as set out in Schedule "D" and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one {1 }year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3} months prior to expiration. Unless the Letter of Credit is renewed, as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three {3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. c} Notwithstanding the provisions of subparagraphs (a) and (b} above, the estimated cost of the works, as set out in Schedule "D", will be reviewed and updated by the Township Engineer on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township Engineer, within thirty (30} days of notice, by registered mail, from the Township Engineer. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineer, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Developer's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cast estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in Schedule "D" is greater by 10% than the estimates in the said Schedules, then the security provided for above shall be increased to an amount equal to the tendered contract price. ]7 d) Application -any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter, which under the terms of this Agreement, is the responsibility of the Developer, including, without limiting the generality of the foregoing, payment of Engineering, legal, Planning, and Development Charges, or other costs incurred by the Township, which are the responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or interest therein. e} Default - if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township (its servants, agents or sub-contractors} shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands far the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. f} Exceeding Cost Estimates - if the casts of completing such work or service exceeds the amount of security held by the Township, such excess shall be paid by the Developer to the Township, thirty (34) days after invoicing by the Township. All overdue accounts shall bear interest at the rate of 12% per annum. g} Save Harmless -the Developer, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work ar service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants ar agents orsub-contractors. h} Construction Lien Act - if the Township becomes obligated to make any payments, or pay any costs under the provisions of Section 17(4} of the Construction Lien Act this will constitute a default and entitle the Township to realize upon its security. Surplus Funds - in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement, be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.7 DISCHARGE OF SECURITIES 5.7.1 Estimated Cost of Works -after the completion of fifty percent (54%) of the services based on the total estimated cost of works in the subdivision or in an approved stage of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township and upon certification of the Township Engineer, of obtaining reductions of the cash or Letter of Credit deposited for the installation of the services, in increments of not less than ten percent (14%). Upon application for reduction of the securities, the Developer"s Engineer shall provide an estimate of the cost to complete the work. This amount, when approved by the Township Engineer, shall be retained along with twenty percent (20°I°} of the completed work estimate and the remainder released. A further ten percent (10%) of the completed work ~5 estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 5.7.2 Final C}ccupanc~and Lot Grading Deposit -the Developer shall deposit with the Township, the required Final Occupancy and C_at Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the General ~ocatian and t_ot Grading Plan by a certified Engineer and approved by the Township Engineer, the balance of the deposit shall be returned. 5.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he shah supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no claims far liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.9 P<_EDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses ar obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 5.1Q INSURANCE CERTIFICATE AND POLICY 5.10.1 Policv of Insurance -the Developer shall lodge with the Township, on ar prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Tawnship, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and far a period of one (1 }year after completion and acceptance of the Township services to be constructed herein. 5.10.2 Comprehensive General ~iabilityJEnvironmental Impairment Liability - such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than F/YE M/LLiON DOLLARS ($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount not less than F/VE M/LLtON DOLLARS (5,000,000.00), and such policy shall contain: a} across-liability clause; b} productJcompleted operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor duly qualified to do such work; d) shall include the following names as insureds: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.10.3 Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days in advance of any cancellation or expiry of the said insurance policy. 19 5.10.4 Certificate of Coverage -any certificate of coverage filed with the Township Clerk shall specifically contain their confirmation that coverage includes (a), (b), (c} and {d}above and are in effect. 5.10.5 Confirmation of Premium Payment -the Developer shall, from time to time as required by the Township, provide confirmation that al( premiums on such policy or policies insurance have been paid, and that the insurance is in full farce and effect. The Developer shall see that a copy of the policy is filed with the Township. 5.10.6 Claim in Excess of Policy Limits -the issuance of such policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, and for which it may be held responsible. ~~ PART - 6 STAGING OR PHASING 6.1 STAGING OR PHASING The Township, in its sole discretion, may instruct the Developer to construct the services in particular stages or phases suitable to the Township, and the Developer must comply on terms to be agreed to by the Township. If the Township does not so instruct, the Developer, before commencement of any work, may request the Township's permission to divide the area of the subdivisian into convenient stages. If the work is thus staged, as approved by the Tawnship, then in lieu of furnishing cash payment or Letter of Credit, ail as set out in Clause 5.6 far one hundred percent (100°!0) of the estimated costs, as approved by the Township Engineer, the Developer shall deposit security for park of the services the Township has approved. Before proceeding with an additional stage, the Developer shall obtain the written approval of the Township and no service will be permitted to be installed and na Building Permits issued until this approval has been received and additional securities deposited. When fifty (50°!°} of the tats of the subdivisian or stages of the subdivision have been built upon and all the services have not been completed and approved by the Township Engineer, the Tawnship reserves the right to refuse commencement of the next stage until all services have been installed and approved. In no event will further subdivisions of the Developer or stages of subdivisions of the Developer be approved if all services of the active stage approved by the Township Engineer have not been completed within a two (2) year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50°l°) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Tawnship has assumed the responsibility of the services. ~i PART - 7 _ ,; CONSTRUCTION REQUIREMENTS 7.1 WORKS TO BE INSTALLED The works to be installed are set out in Schedule "C" to this Agreement. This Schedule is to set out the works in general terms only and shall not be construed as covering all items in detail. The works are to be designed and constructed in accordance with the current Engineering Standards adopted by By-Law by the Township at the time of signing of the Subdivision Agreement. A copy of these standards is available at the Municipal Office. If at any time, and from time to time during the development of the subdivision, the Township Engineer is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the request of the Township Engineer. 7.2 CONSTRUCTION OF WORKS Following the registration of this Agreement, the Developer shall cause to be constructed, all requisite works in order to provide services to the lots and buildings blacks within the Phase. 7.3 PRESERVATION AND PLANTING OF TREES 7.3.1 The Developer must preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland, and individual lots, the Township shall have the option of having a Stap Work Order on construction of the services andtar building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the DeveloperlBuilder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 7.3.2 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a minimum of 50 mm caliper on each lot having less than three (3) trees in the front yard(s), if required by the Township. The type of trees must be satisfactory to the Township. 7.3.3 In addition, the Developer shall plant trees with the above specifications at 15 metre intervals around the perimeter of the park, if one is to be located within the plan, in areas where there is not a sufficient growth of trees. 7.4 MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor permit to be dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill, topsoil, trees ar shrubs from any public or Municipal lands, without the written consent of the Township Engineer. 7.5 BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township Engineer or Township Public Works Official, written permission for carrying out the blasting operation, and shall obtain the blasting permit and show proof of insurance for all damage or claims for damage resulting from the blasting operation. The Developer, in any event, shall be responsible for any such claims. 7.6 ACCESS ROAD5 All access roads must be maintained by the Developer in good repair acceptable to the Township Engineer and Township Public Works Official during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Public Works Official. For the purpose of getting such consent, the Developer shall advise the Township Public Works Official and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit ar prohibit the use of any existing access road by the Developer. 7.7 DAMAGE TO EXISTING PLANTS The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plants located on the road ailawance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Engineer shall arrange far an inspection with the Township Public Works Official and Township Engineer for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Public Works Official's assessment of conditions prior to construction will be final. 7.8 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township Engineers. If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written notification (via facsimile) from the Township's Engineer regarding a dust control problem, then the Township's Engineer, at their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 7.9 CONSTRUCTION REFUSE All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township is not responsible for the removal ar disposal of refuse, garbage and debris. Open air burning is not permitted by the Township. The Developer agrees to deliver a copy of this clause to each and every builder obtaining a Building Permit far any lot or part of a lot on the said Plan of Subdivision. 7.10 INSPECTION OF GONSTRUGTION OF SERVICES During construction of the services, the Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township Engineer to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township Engineer perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the requirements for services, he will have the authority to cease .3 construction operations by verbal notice to the contractor andior the Developer's Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 7.11 DECLARATION OF PROGRESS AND GOMPLETION 7.11.1 Prior to the approval of the underground services, the Developer shall provide the Township Engineer with an undertaking for the completion dates of all remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "1", the Declaration of Progress and Completion, for approval of the Township Engineer. The Township reserves the right to alter the completion dates as it sees fit and the Developer agrees to complete the services. 7.11.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre- determined liquidated damages, the sum of FIFTY DC7LLARS ($50.00} for each and every day the said services are behind schedule of construction, and NO FURTHER BUDDING PERMITS SHALL BE ISSUED. ?.12 PROGRESS OF WORKS After the completion of the underground services, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township Engineer and from that data, the said Declaration shall apply and take precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordance with the Schedule of Works or as directed by the Township Engineer. If he fails to adhere to the scheduling provisions outlined in the Schedule of Works or the Declaration, or having commenced to install the aforesaid works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the Township Engineer, then upon the Township Engineer giving seven (7) days written notice by prepaid registered mail to the Developer, the Township Engineer may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary works in connection with the installation of the said works, including the repair or reconstruction of faulty work and the replacement of materials not in accordance with the specifications, and to charge the costs thereof, together with an engineering fee of ten percent (14°/Q} of the cost of such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer faits to pay the Township within thirty (30}days of the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or assumption of the said works by the Township. The Township, in addition to all other remedies it may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineer. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot an the said Plan. 7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES It is intended that the electricity and street lighting, sewer system, detention pond and waterworks will be constructed, inspected and approved prior to the completion of the other works, including roads and boulevards. ,:t Building Permits will not be issued until the Township Engineer has given the Certificate of Substantial Completion and Acceptance (Municipal Underground Services}. The two (2} year maintenance period for the underground services will commence when this Certificate is issued. During the maintenance period, the Developer shall be responsible for the normal operation and maintenance, and all repairs for the services noted in the Certificate. If, during the two (2} year maintenance period, the Developer fails to carry out rectification and repair work as requested by the Township, then the Township may carry out the work and be reimbursed the cost of the work from the Developer's securities, as set out under Clause 9.3. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%} of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services, in this case, until the Township has assumed the responsibility of the services. 7.14 EMERGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from time to time for the purpose of making emergency repairs to any of the works. Such entry and repairing shall not be deemed an acceptance of the works by the Township or any assumption by the Township of any liability in connection therewith, or a release of the Developer from any of his obligations under this Agreement. 7.15 USE OF WORKS BY TOWNSHIP The Developer agrees that: I. The works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such works are designed. 11. Such use shall not be deemed an acceptance of the works by the Township, and; III. Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the works so used. 7.16 DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the overall Grading Plan Dwg. LG-1 and LG-2 prepared by the Developer's Engineer, and approved by the Township Engineer and the Township of Oro-Medonte. Same fill and regrading of lots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid-lot elevations, where deemed necessary by the Township Engineer. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Developer. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or ,~ e. interferes with the storm drainage flaw through any part of the storm Swale, or interferes with the acceptance of water from any connecting swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the Swale area, the Developer, and any subsequent lot owner, shall not construct any works, remove, or permit to be removed, any soil from the said swaleleasement, excavate, drill, install, erect, or permit to be excavated, drilled, installed ar erected in, over, upon, under or through the said swaleleasement, any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants ar agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty {30} days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 427 of the Municipal Act. 20Q1. The Developer agrees to deliver a copy of this clause to each and every prospective purchaser andlor builder obtaining a Building Permit for any lot or part of a lot an the said Plan of Subdivision. Generally, the drainage facilities will consist of open ditches within the subdivision ar storm sewers in certain locations to provide a satisfactory drainage outlet, and will be in accordance with the Drainage Plan STM-1 and STM-2 prepared by the Developer's Engineer, and approved by the Township Engineer and the Township of Oro-Medonte. 7.17 DEFINITIONS For the purposes of this Subdivision Agreement: {i} The term "Underground Services" shall mean the storm drainage works {including culverts, storm sewer and detention pond}, waterworks, underground electrical distribution system, and street lighting serving the Plan of Subdivision, as more particularly described in Schedule "C" to this Subdivision Agreement. {ii} The term "Certificate of Substantial Completion and Acceptance (Municipal Underground Services}" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal Underground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Municipal Underground Services} shall not constitute an assumption of the Municipal Underground Services by the Township. {iii} The term "Certificate of Maintenance and Final Acceptance {Municipal Underground Services}" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal Underground Services constructed by the Developer, in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2} maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Municipal Underground Services by the Township. ?6 {iv) The term "Aboveground Services" shall mean all Municipal services to be constructed by the Developer pursuant to the terms of this Subdivision Agreement, as more particularly identified in Schedule "C", excluding Underground Services. (v} The term "Certificate of Substantial Completion and Acceptance (Aboveground Services}" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "G", have been substantially completed, in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitute an assumption of the Aboveground Services by the Township for winter maintenance only. (vi} The term "Certificate of Maintenance and Final Acceptance {Aboveground Services}" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year {2} maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Aboveground Services by the Township. (vii} The term "Certificate of Substantial Completion and Acceptance" means a Certificate of Substantial Completion and Acceptance {Municipal Underground Services} or a Certificate of Substantial Completion and Acceptance {Aboveground Services), as the provisions of this Subdivision Agreement require. {viii} The term "Certificate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance {Municipal Underground Services} or a Certificate of Maintenance and Final Acceptance {Aboveground Services}, as the provisions of this Subdivision Agreement require. ~7 PART-8 BUDDING PERMITS AND OCCUPANCY 8.1 TOWNSHIP OF ORO-MEDONTE The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply far a Building Permit for any part or portion of the said lands ar on any lot therein, and no Building Permit shall be issued until a Sewage System Permit approval has been received far the land in question. The Developer's Engineer shall prepare an overall Lot Development Plan far approval by the Township of Oro-Medonte and the Township Engineer, as a further requirement to Clause 7.16. The Plan shall include the following: a} envelopes for the proposed house and any adjacent structures on each lat. b} an envelope showing the location, size and elevation of the subsurface sewage system on each lot and all pertinent engineering design criteria. c} existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed. d} existing and proposed grades an lot earners and mid-lot elevation. e} location and type of proposed water. 8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed Site Development Plan for each lot may be required to be prepared by a Professional Engineer registered with the Association of Professional Engineers of Ontario, experienced in private sewage system design, for approval by the Township Engineer, prior to the issuance of a Sewage System Permit for each respective lot. Site Development Plans, which conform to the overall Lat Development Plan at an approved metric scale using metric dimensions and elevations, shall include the fallowing: a) the location, dimensions and elevations of the proposed dwelling and any structures to be located an the lot, as well as any adjacent structures on the adjacent lot(s). b) the location, size and elevation of the sewage system, all engineering design criteria and standards pertaining thereto, shall be provided. c) the location and type of water well, including the water service line to the dwelling. d) the existing and proposed grades of the disturbed area an the lot after building, drainage and sewage works have been completed. e) the location and grades of any proposed drainage swales. f) the Professional Engineer will be required to check the elevations of the footings of the buildings prior to further construction to ensure conformity with the approved Plans noted above. g) the Professional Engineer will be required, prior to the issuance of a Final Inspection Report, to certify to the Township of Ora-Medonte, in writing, that the foregoing works have been carried out in accordance with the approved Plans noted above. ,q The Developer further agrees to construct all works required under Clause 7.16, and as shown an the approved General Location and Lat Grading Plan LG1 and LG-2, Storm Drainage Area Plan STM-1 and STM-2 and Erasion Control Plan ESP-1, all prepared by CanSALtech Engineering Solutions to the satisfaction of the Township of Oro-Medonte and the Township Engineer. The Developer further agrees to advise all prospective lot owners of the requirement that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 8.2 REQUIREMENTS FOR BUILDING PERMITS The approval of the Plan by the Township, or the acceptance by the Township of the works, shall not be deemed to give any assurance that the Building Permits, when applied for, will be issued in respect of the lots or blacks shown on the Plan. Notwithstanding the foregoing, na Building Permits will be given and the Chief Building Official may refuse any application until: (i) Township of Ora-Medonte approvals have been obtained and submitted to the Township. The Township of Oro-Medonte sewage approval authority requirements are set out in Clauses 7.16 and $.1. (ii} The Storm Water Management System and Waterworks have been installed, tested and approved by the Township Engineer and he has issued his Certificate of Substantial Completion and Acceptance (Municipal Underground Services). (iii) Plans for remaining underground services such as Bell Telephone, Electricity ar Natural Gas have been approved. (iv} A °Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth of Granular "B" sub-base, has been constructed on the road providing access to the lot. (v) Approval of the Township Engineer has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (vi} Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 4.1.7. (vii} A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building to be erected on any lot ar block within the Plan, for which a Building Permit has been applied for, is in conformity with the General Location and Lot Grading Plans, or has received the approval of the Township Engineer with respect to any variance to the Grading Plan. The individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a Building Permit. (viii) All dead trees within the limit of the Plan have been removed. {ix} Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 8.4. (x) The Traffic and Street Name signs have been installed and approved by the Township Engineer. ~g (xi) Any development charges have been paid, in full, in accordance with the applicable development charge By-Laws, enacted pursuant to the Development Charges Act, 1997, as well as By-Laws enacted pursuant to Section 257.53 of the Education Act, or alternate arrangement satisfactory to the body enacting the development charge By-Law, have been made and the same has been communicated to the Chief Building Official for the Township of Oro-Medonte, in writing, by such a body. 8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit far any lot listed in Schedule "E", the Developer's Engineer must submit a letter to the Township Engineer outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 8.4 MUNICIPAL ADDRESS SYSTEM The Developer shall be responsible far obtaining the municipal address system numbers far each and every lot from the Municipal Office. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the afore-mentioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot{s}. 8.5 REQUIREMENTS FOR OCCUPANCY 8.5.1 No buildings erected on the lots or blocks within the Plan shall be occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the Township in accordance with the Township Building and Plumbing By-t_aw. PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow occupancy of a building. 8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until: {i) The roadway has received the granular roadbase materials full depth and the base course of asphalt, provided asphalt is commercially available. The underground electrical, telephone lines, gas mains and street lights have been installed and approved by the Township Engineer (iii) A Certificate Letter and individual Lot Development Plan has been given by the Developer's Consulting Engineer, ar a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building constructed, and the final grading of the let or block, is in conformity with the General Location and Lot Grading Plans, ar such variance therefrom has been approved by the Township Engineer. The final grading on the individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. 3p {iv) Driveway culvert and end protection has been provided to the satisfaction of the Township, in accordance with the Township's Road Occupancy Permit. {v} The trees have been planted on the lot by the Developer in accordance with Clause 7.3. {vi) Any deficiencies on a Provisional Certificate of Occupancy has been complied with. It is agreed that a copy of Part 8 shall be delivered by the Developer to each and every builder obtaining a Builder's Permit or any prospective purchaser of the dwelling for any lot or part of a lot on the said Plan. 8.6 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.5 are installed to the home occupied to the satisfaction of the Township Engineer, then the Developer agrees to pay to the Township, liquidated damages in the amount of ONE HUNDRED DOLLARS ($900.00}, per dwelling, per day, to cover the additional casts of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township Engineer that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within thirty (30) days of the date of the bill, the money may be deducted from the cash deposit or Letter of Credit or other deposited security. ~I PART-9 MAINTENANCE AND ACCEPTANCE 9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developer's request far a final inspection of the underground services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance {Municipal Underground Services} be issued. It should be noted that the Certificate of Maintenance and Final Acceptance {Municipal Underground Services} can be applied far by the Developer two (2} years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services}. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility far and take over the subdivision services until fifty percent {50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Qccupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services in this case until the Township has assumed the responsibility of the services. 9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES When all of the services have been completed, including the surface lift of asphalt in accordance with this Agreement or in a particular stage, the Township Engineer and Public Works Official shall make an inspection to ensure that the Township will accept the road system. The Township Engineer shall issue a Certificate of Substantial Completion and Acceptance {Aboveground Services} when the works are accepted by the Township. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two {2} year maintenance period will commence when the Township Council approves the issuance of the Certificate. 9.3 MAINTENANCE OF WORKS The Developer will be responsible for the repair and maintenance of all the subdivision services for a period of two (2} years from the date the Township Council approves the Certificate of Substantial Completion and Acceptance. This shall be called the Maintenance Period. The maintenance shall include the maintaining and mowing of grass within the road allowances, as wail as the parkland area and detention pond, on a regular basis. If the Township is requested to carry out this maintenance, the Developer shall pay all charges to the Township. If, during this period, the Developer fails to carry out maintenance work within forty-eight {48} hours after receipt of a request from the Township, then the Township Engineer may, without further notice, undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by the Developer. If the Developer fails to pay the Township within thirty (30) days of the date of billing, then the money owing may be deducted from the cash deposit or Letter of Credit. During the maintenance period, ten percent (10°I°} of the original estimated cast of the works shall be retained by the Township. Towards the end of the maintenance period, the Developer shall make written request to the Township for a final inspection to be made and notwithstanding the two (2) year period noted above, the maintenance period will continue for the original two (2) years, ar for thirty (30} days after the receipt of the Developer's written request for a final inspection, whichever period of time is the greater. ;~ Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take aver the subdivision services until fifty percent {50°l°) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of services. 9.4 WINTER ROAD MAINTENANCE An exception to the liability of the Developer for all maintenance and repair of the services during the two {2} year maintenance period will be winter contral, which operation will be the Township's responsibility after the issuance of the Certificate of Substantial Completion and Acceptance {Aboveground Services}. Winter contral shall include snow plowing, sanding and any other winter maintenance operations. It is agreed by the Developer that the winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior to the issuance of the Certificate of Substantial Completion and Acceptance {Aboveground Services} however, the Developer shall be responsible for the winter control else. In the event that proper vehicular access or winter cantrol is not provided by the Developer, the Township, through its servants, contractors, or agents, may provide without notice to the Developer. Such winter cantrol shall be only carried out at times deemed to be an emergency by the Public Works Official. All costs of such work shall be paid by the Developer within thirty {30} days of the date of billing ar otherwise may be deducted from the cash deposit or Letter of Credit. The cost of such works to be at the following rates: Machinery and Equipment $40.OOlhr. Labour $20.00/hr. Mixed Sand and Salt $12.00/m3 Payroll Burden - 41 °lo Administration - 7°l0 G.S.T. - 5°fo The Township may adjust these rates from time to time. The Developer further agrees that any work done by the Township pursuant to this Agreement before the roads are accepted by the Township, shall not be deemed in any way to be an acceptance by the Township of the roads in the said subdivision upon which such work is done. The Developer acknowledges that the Township, whilst providing winter cantrol, may damage or interfere with the works of the Developer and covenants that he will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. 9.5 REPLACEMENT OF SURVEY BARS Prior to the final acceptance of the subdivision by the Township, the Developer agrees to supply a statement from an Ontario Land Surveyor approved by the Township that after the completion of the subdivision work, he has found or replaced all survey monuments, standard iron bars and iron bars shown on the registered plan. The statement must be dated within two months of the date of acceptance. 9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES Upon receipt of the Developer's request for a final inspection of the Aboveground Services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township tha# the Certificate of Maintenance and Final Acceptance be issued. ;~ Notwithstanding anything hereinafter set out. the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent {50°l0) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services, in this case, until the Township has assumed the responsibility of the services. 9.7 RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable far registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such variance therefrom as has been approved by the Township Engineer. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lat or block described in the release, with the exception of the responsibility far drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 9.$ DRAINAGE -RESPONSIBILITY ©F DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and the subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision. The Developer and subsequent owners of the lots or blocks within the Plan of Subdivision, from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a copy of this Section 9.8 and Section 7.16 to each and every prospective builder(praspective purchaser of a lot or block within the Plan of Subdivision. The Developer and the owner, from time to time, of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer andlor subsequent lot owner. Any invoices not paid within thirty {30) days after due date, shall be added to the tax roll and collected in alike manner as realty taxes as per Section 427 of the Municipal Act, 2001. 34 p PART - 10 -DEFAULT PROVISIONS 10.1 DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdivision Agreement, and in addition to any other remedies, when the Developer is deemed by the Township to be in default of this Agreement, the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover casts incurred by the Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, andlor to restrict ar refuse issuance of Building andlor Occupancy Permits, and the Developer agrees not to apply for any Building Permits ar Occupancy Permits far lots ar blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 10.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns. 10.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry of the Province, Township of Ora-Medonte ar other public body, such reference where the same requires their approval, is deemed to be a reference to any other Ministry or body as may be substituted by legislative change ar policy of the Provincial Government ar of the Township. 10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge ar lien against the said lands in accordance with the provisions of Section 427 of the Municipal Act, 2001. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this ~~~ day of ~.~'i,~^--i+ T~ 1 , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per H. S. Hughes Title Mayor Per J. Douglas Irwin Title Clerk MOSS D PME T /L}TD. Per ('t. _ ~~~ {~ Title ~~~,~~~~~. Per Title ~; 5CHEDU~E"A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte {formerly Township of Oro}, in the County of Simcae, and being compared of the whole of the lands described as follows: Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance Between Lots 11 & 'A', Concession 2 as closed by By-law Ora18994 being Part 2, 51 R-2282, except Parts 1, 2, 51R-26026 and Part 1, 51R-35600, T1W R0487177, being ail of PIN #58544-0140 {Lt} Township of Oro-Medonte {Geographic Township of Oro}, County of Simcae ~6 SCHEDULE "B•' NOTE: It is understood and agreed that this Schedule farms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. PLAN C?F SUBQIVISION 51-M Z J SCWEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances, Stormwater management facilities fire water reservoir, all road works including curbs, gutters and roadside ditches in accordance with the approved Engineering Drawings to service the Country Lane Estates subdivision in the Township of Oro-Medonte. LIST OF DRAWINGS COVER AND NOTES LEGAL PLANS M-Plan 51 M- R-Plan STORM DRAINAGE PLANS STM-1 Pre-Development Storm Drainage STM-2 Post Development Storm Drainage SSC-1 Storm Sewer Catchment Plan COMPOSITE UTILITY PLANS CUP-1 Composite Utility Plan STORMWATER MANAGEMENT PONDS PND-1 Stormwater Management Plan -West Pond PND-1 Stormwater Management Plan -East Pond L-1 Stormwater Pond Landscape Plan -West Pond L-2 Stormwater Pond Landscape Plan -East Pand L-3 Landscape Details LOT GRADING PLANS LG-1 Lot Grading Plan -West Half LG-2 Lot Grading Plan -East Half PLAN AND PROFILE DRAWINGS P-1 Plan and Profile -Caldwell Dr. (Sta 0+000 to 0+350} P-2 Plan and Profile -Caldwell Dr. (Sta 0+350 to 0+700} P-3 Plan and Profile -Line 1 North. (Sta 0+400 to 0+260} P-4 Plan and Profile -South Limit of Block 26 SILTRATION AND EROSION CONTROL ESP-1 Erosion and Sediment Control Plan FIRE PROTECTION FWR-1 Fire Water Reservoir DESIGN STANDARDS DRAWINGS SD-1 Standard Details SD-2 Standard Details SCHEDULE"D" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. ITEMIZED ESTIMATE OF COST OF CONSTRUCTIORI OF EACH PART QF THE WORKS The following list summarizes the cast estimate of the major warks, but is not necessarily inclusive: A} Roadway construction complete, including clearing and grubbing, excavation, granular road base materials, concrete curb and spillways and two lifts of asphalt ..........................................................................................$340,978 B} Storm Drainage warks complete, including storm sewers, ditch inlet catchbasins, culverts, detention pond, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices ......................................................................$201,682 C} Fire Water Reservoir including pre-cast tanks, valves, Well and controls .........................................................................$ 35,000 D} Miscellaneous items such as street name and regulatory signs ............................................................................$ 15,495 E} Electrical supply, including street lights, control panels and duct crossings ..........................................................$ 40,000 SUB-TOTAL $633,155 F} Allowance for Engineering and supervision .....................................$ 63,315 TOTAL $696,47Q 5% G.S.T. $ 34,$24 GRAND TOTAL COST $731,294 39 SCHEDULE "E"' NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. LIST OF LOTS UNSUITABLE FOR BUILQING PURPOSES ANDIOR LIST OF LOTS REQUIRING SPECIAL ATTENTION Lot 1 -Requires the demolition and removal of the existing barn prior to construction of a single detached dwelling -~0 SCHEDULE "F" ~ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per-lot basis prior to the issuance of the first Building Permit far each particular lot, unless alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: {i) Development charges in accordance with By-Law 99-081 of the Township of Oro- Medonte at the rate applicable, upon the issuance of the first Building Permit far each lot upon which charges are payable. {ii) Educational development charges in accordance with By-law [#3203-00] of the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and {iii} Educational development charges in accordance with By-law #3 (2000} of the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Ora-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; and in the case of the Simcoe County District School Board, the Superintendent of Facility Services, County of Simcoe, County Clerk. Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development Charges Act 1997 and Section 257.53 of the Education Act R.S.O. 1990 c.E.2, may be amended or superseded by subsequent By-Laws enacted in accordance with the respective legislation. (iv) Development Charges in accordance with the County of Simcoe's By-law at the rate applicable, upon the issuance of the first building permit for each lot upon which charges are payable. 41 SCHEDULE "G'" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TVYO DOLLARS {$2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered, shall be prior approved by the solicitor for the Township The fallowing land and easement shall be conveyed: 1.0 LANDS TO BE GONVEYED TO THE TOWNSHIP Black 21 - 3.0 metre road widening Block 23 - 5.0 metre road widening Blocks 22 and 26 -Stormwater Management Ponds Block 25 -Fire Protection Block 2.0 STORM EASEMENTS 6.0 metre easement being Parts 1-6 51 R- aver Lots 16-20 3.0 HYDRO EASEMENTS 3.0 metre easement being Parts 1 & 2 51 R- over Block 24 4.0 LANDS TO BE CONVEYED TO THE MINISTRY OF TRANSPORTATION Block 28 - 5.0 metre road widening 5.0 LANDS TO BE GONVEYED TO THE NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Block 24 -Environmental Protection Block 4? SCHEDULE "H" ~~_ NOTE: (t is understood and agreed that this Schedule forms part of the Subdivisr`on Agreement between the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. PARKLANQ Cash-in-lieu-of $ 28,000 43 SCHEDULE '9" TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISIO DEVELOPER CONSULTING ENGINES As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD. The Developers} The Developer hereby agrees and undertakes to complete the construction of the Works as required by the above-mentioned Agreement in accordance with the time schedule for the completion of services as approved by the Township Engineer and more specifically in accordance with the following schedule and conditions: a} Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 8.5, shall be complied with. b} Granular "B" and Granular "A" on or before c} Grading, topsoiling and seeding of private blocks and parks on or before d} Boulevard sodding on all roads on or before e} Hot asphalt on or before f} Planting of trees on or before The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week fallowing such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; The Developer undertakes to properly maintain the gravel road base at all times and to keep all roads in a mud-free and dust-free condition until such times as the roads, including boulevards, have been completed; -t4 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cast shall be the cost of materials, equipment rental, labour, payroll burden, plus 2(7°!o for overhead; 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated, and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4, shall pay to the Township, as predetermined liquidated damages, the sum of FIFTY DQLtARS ($50.00) for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. DEVELOP ~~ ~ ~ ~C~l ~ u ~7 1 2 ~ _ ,? ~ Seal or Witness Date 45 SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF flRfl-MEDONTE AND MOSS DEVELOPMENT LTD. GENERAL LOCATION AND_~QT GRADING PLANS PROCEDURE After the General Location and Lot Grading Plan have been approved by the Township, then: a) six copies to be delivered to the solicitor for the Township. b} six copies to be delivered to the Township. c} Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to the solicitor for the Township. -~6 SCHEDULE"K" SUBDIVISION AGREEMENT -STANDARD FOR THE TOWNSHIP "STANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER QF CREDIT Nfl.: AMOUNT: Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits {1993 Revision}, being ICC Publication No. UCP 500. Tfl: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100, Ora Ontario, LOL 2X0 We hereby authorize you to draw on the Bank of Ontario, ,for the account of up to an aggregate amount of , ($$$$$$$$} which is available on demand. Pursuant to the request of our said customer, , we, the Bank of Ontario, ,hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at :Bank of ,Ontario, .The Letter of Credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Ora- Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in farce for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at ,Ontario, this day of 20 Authorized Signature Authorized Signature Bank of -17 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-107 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND DON CREECH TO ALLOW FOR TEMPORARY RESIDENCY IN A TRAILER WHEREAS the Municipal Act, 2QOi,S.C7. 2QQ1, c.25, Seetian 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it desirable to enter into an agreement, effective August 13, 2008, fora 12 month period, with Don Creech to temporarily reside in a trailer at Part of Lot 1, Plan M- 340, 51 R-29434, Part 2 (Orillia}, Township of Oro-Medonte, more particularly described as 2 Sunset Crescent. NOW THEREFORE the Council of the Township of Ora-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule °A" and forming part of this By-Law. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2oas. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF zoos. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule "A«' to By-Law No. 2008-107 AGREEMEP~IT/AFFIDAVIT In consideration of receiving temporary permission to reside in a trailer from the Township of Oro-Medonte, I, Don Creech, of the Township of Oro-Medonte (formerly Township of Orilha} in the County of Simcoe, covenant and agree as follows: .-~ 1. That I am the registered owner of Plan M-344, Part of Lot 1, 51R-29434, Part 2 being more particularly described as 2 Sunset Crescent, Oro-Medonte. 2. That I have applied to the Council of the Corporation of the Township of Oro-Medonte far permission to temporarily reside in a trailer on the above-mentioned lands, at the same time as a new dcvellingJrepair is under construction on those same lands, wherein such use is not provided for under the provisions of the Township of Oro-Medonte`s Zoning By-law as amended. 3. That I hereby= acknowledge that permission has been given b}r the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: aj That such permission is granted for the twelve month period from permit issuance ar until completion of the proposed new dwelling, tivhichever is the lesser period. of time; and b) That on completion of the new dwelling, as evidenced by a Proe•isional Occupancy Certificate, the habitation of the trailer ceases forthwith to the satisfaction of the Township's Chief Building Official; and c) That application to the Township of Oro-Medonte far a temporary use permit will be made forthwith (Fee $144.04). 4. That a Letter of Credit in the amount of X5,444.44 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction. of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the Letter of Credit at its sole discretion. ~. That I hereby agree to the terms and conditions set out above. 6, It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessar~r to secure compliance or conformity e~-ith any applicable Municipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save harmless the Toz~=nship of Oro- Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Manor, H. S. Hughes Witness Clerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-108 A By-Law to Amend By-Law, 2008-065, "A By-law of The Corporation of the Township of Oro-Medonte to Provide for the Imposition of Fees or Charges" (Fees and Charges By-law} WHEREAS Part XII of the Municipal Act, 2001, S.Q. 2001, c. 25, as amended, permits a municipality to pass by-laws imposing fees or charges on any class of persons, for services or activities provided or done by or on behalf of it; for costs payable by it far services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; AND WHEREAS Council of the Township of ©ro-Medonte did, on the 28"' day of May, 2008, enact By-law No. 2008-065 to provide for the imposition of fees or charges; AND WHEREAS Council deems it necessary to amend the Schedules of By-law No. 2008-065. NOW THEREFORE the Council of the Township of C}ro-Medonte hereby enacts as follows: 1. That Schedule "A" -Administration of By-law No. 2008-065 be deleted in its entirety and replaced by Appendix "A" -entitled "Schedule A to By-Law Na. 200$-065 -Administration "attached hereto and farming part of this by-law; 2. That Schedule "B" -Building of By-law No. 2008-065 be deleted in its entirety and replaced by Appendix "B" -entitled "Schedule B to By-Law No. 2008-065 - Building" attached hereto and forming part of this by-law; 3. That Schedule "G" - Sewer of By-law No. 2008-065 be deleted in its entirety and replaced by Appendix "C" -entitled "Schedule G to By-Law No. 2008-065 - Sewer" attached hereto and forming part of this by-law; 4. That Appendix "D° attached hereto and forming part of this by-law entitled "Schedule K of By-law No. 2008-065 - By-Law Enforcement" be appended to By- Law No. 2008-065. 5. That this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 1 of 7 Appendix "A" to By-Law No. 2008-108 SCHEDULE "'A" TO BY-LAW NO. 2008-065 ADMINISTRATION Compliance Reports (subject to 5 day turnaround time} (a) Building Information $50.00 (b) Septic Information $50.00 (c} Environmental $50.00 (d) Subdivision Information $50.00 (e) Zoning Information $50.00 {f} Development ChargelLot Levy Information $20.00 2. Documents (a) Fire & Emergency Services Master Plan {Background material} $20.00 (b) Official Plan $53.50 (c} Zoning By-law $42.80 (d) Official Plan Amendments $45.00 (e) Recreation Master Pian $40.00 3. History Association Books Note: A!! books are said an behalf of the Oro-Medante History Associatian. Prices are inclusive of GST. (a) Bayview Memorial Park $1.50 (b) Hills of Oro $3.00 (c) Kith 'n Kin $37.00 (d} Knox Presbyterian Church $3.15 (e) Medonte A Township Remembered $37.00 (retail} $29.91 {wholesale) (f) Monty Leigh Remembers $8.35 (g) Ora African Church $15.00 (retail) $9.00 (wholesale) (h} Recent Past $8.35 (i) Story of Oro $13.65 (j} Visible Past $17.85 4. Line Fence Dispute Administration Fee $30.00/call 5. Livestock Claims Administration Fee 1 St claim in any calendar year $0.00 2"d or subsequent claim in any calendar year $60.00 Veterinarian's Report Township Cost 6. Maps Planning (a) 11" x 17" $5.00 (b) Oversize $10.00 (c) Plotter $10.00/linear foot ($5.00 minimum} (d) Township Road Map $10.00 7. Miscellaneous (a) Assessment Information (floppy disk) $300.00 (b) Encroachment Agreements - Application Fee $700.00 - Annual Fee $100.00 (c) Planning Circulation Lists $25.00 (d) Photocopies -for all departments $.30/page (e} Township Flag $57.00 (f) Township Pins $3.00 8. Municipal Address Signage (a} Sign Posts $ 7.00 (b) Municipal Address Sign $15.00 9. Land Purchase Request Administration Fee (non-refundable) $250.00 Deposit Upon Council's Approval $5,000.00 Paae 2 of ? Appendix "B" to By-Law No. 2008-108 SCHEDULE "B" TO BY-LAW NO. 2008-065 BUILDING 1. Calculation of Permit Fees 1.1. Permit fees shad be calculated based an the formula given below, unless otherwise specified in the schedule. The minimum fee for a permit shah be $75.00. Permit Fee =Service Index (SI} x Total floor area (A} Flaar area (A) is measure to the outer face of exterior walls and to the centre of party walls or demising walls, except when calculatin g partition work. 2. Permit Fees Service Index (SI~ 2.1. Building Classification & Construction: $ /ft2 $ / m Group A, B, D, & E (Assembly, Institutional, Business & Mercantile Occupancies) a) New Construction 0.66 7.10 b) Renovation !Alteration 0.28 3.01 Group C {Residential Occupancies) a) New Construction 4.80 8.61 b) Basement /Crawl Space 0.27 2.90 c) Renovation /Alteration 0.30 3.25 d) Accessory Building /Garage (Minimum $ 20Q.00) 0.40 Group F (Industrial Occupancies) a) New Construction 0.45 4.84 b) Renovation 1 Alteration 0.22 2.37 Agricultural Buildings (Maximum $ 800.00) 0.20 2.15 2.2. Other Miscellaneous Work: Flat Rate Portable Buildings $ 300.00 Placement Permit (Minimum 6 months) (plus security) $ 100.00 Tents - Up to 2,420 ft2 $ 100.00 - Over 2,220 ft2 $ 150.00 Wood Deck 1 Porch /Veranda - Up to 200 ft2 $ 150.00 - Over 200 ft2 $ 250.00 Demolition -Class "A" (see Building By-law) $ 75.00 -Class "B" (see Building B y-law) $ 200.00 Change of Use (No construction proposed) $ 75.00 Moving or Relocating a Building (plus security) $ 100.00 Solid or fuel fired appliance (fireplacefwoodstove) $ 75.00 Billboard Sign $ 150.00 Designated Structure under the OBC $ 150.00 2.3. Plumbing & Drain Components: Fee per Fixture Plumbing Fixtures as per OBC Tables (Minimum $ 75.OQ) $ 7.50 2.4. Sewage System: Flat Rate Septic Size Verification $ 100.00 Holding Tank (Class 5) $ 250.00 Leaching pit (Class 2) $ 100.00 Sewage System Permit $ 400.00 Septic Bed Replacement $ 150.00 Septic Tank Replacement $ 100.00 Comments to the Planning Department for: $ 100.00 (Minor variance, severance, site plan, subdivision, etc.} Paae 3 of 7 `$ SCHEDULE "B" Tt) BY-LAW NC1.2408-065 -BUILDING continued... 2.5. Miscellaneous: Flat Rate Transfer Permit {to new owner) $ 75.00 Re-inspection Fee /Final Inspection $ 75.00 L. L.B.O. inspection & letters for occupant loads $ 100.00 Permit Revision (in addition to applicable permit fees) $ 75.00 File Search $ 50.00 Annual file maintenance fee $ 50.00 Applicable on permits not granted a provisional occupancy after two (2) years subsequent to permit issuance. 3. Refund of Permit Fees 3.1. Pursuant to this by-law, the portion of the total calculated permit fees that may be refunded shall be a percentage of the total fees payable under this by-law, calculated as follows in regard to functions undertaken by the municipality: a) 80°lo if administrative function only have been performed; b) 45°1~ if administrative and plans examination functions have been performed; c) 35% if the permit has been issued and no field inspections have been performed subsequent to permit issuance; or d) 0°lo if any field inspections have been performed subsequent to permit issuance. 3.2. The permit fee shad be returned to the person named on the fee receipt, unless such person advises the Chief Building Official, in writing and prior to release of the refund, of a change in name, in which case the refund shall be returned to the person then authorized to receive it. 4. Deposits & Securities 4.1. Lot Grading Deposit $ 2,000.00 Applicable for new construction as required by Township policies & procedures. Refundable upon satisfactory inspection minus any applicable charges 4.2. Conditional Permit Security $ 5,000.00 As requested and issued by the Chief Building Official, to be paid in addition to applicable permit fees 5. Notes 5.1. Fees for classes of permits not described or included in this schedule shall be determined by the Chief Building Official. 5.2. Total fee is payable upon receipt of completed application. 5.3. Where a person is found to have commenced construction or demolition of a building without the required permit, a fee of twice the normal permit fee will be applied to offset additional administrative costs. 5.4. If an overpayment of a permit fee occurs on a permit application and the overpayment is less than $50.00 the difference will not be refunded. Paae 4 of 7 Appendix "C" to By-Law No. 2008-108 SCHEDULE `G' TO BY-LAW NO. 200$-065 SEWER 1. An annual sewer service charge of 5205.Q0 per unit shall be imposed upon those lands more particularly described in Part 8 of this Schedule. The said charge will be comprised of the following components: {a} Operating, repair and main#enance $ 115.00 (b) Capital $90.00 2. An annual sewer service charge of 5324.00 per unit shall be imposed upon those lands more particularly described in Part 9 of this Schedule. The said charge will be comprised of the following components: (a} Operating, repair and maintenance 5 126.1)0 (b} Capital 5198.00 3. The Treasurer shall, for each calendar quarter, issue bills to each unit based on the applicable sewer service charges. Bills shall be due and payable not less than twenty one {21 }days from the date of mailing. 4. Sewage bill payments shall be payable to The Corporation of the Township of Oro- Medonte and may be paid during office hours in person or by mail at the Oro- Medonte Administration Office, 148 dine 7 South, Box 100, Oro, Ontario t_Ot_ 2X0, or at most financial institutions. Payments made at a financial institution shall be deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Nall. 5. The Treasurer shall impose a ten (10} percent late charge on all unpaid accounts on the day after the due date. 6. If an account remains unpaid, the municipality may collect amounts payable pursuant to Section 398(2} of the Municipal Act, 2001, c.25, as amended. 7. In the event that any owner of lands not described in sections 8 or 9 (the `property owner"} wishes to have the sewage works extended so as to service those additional lands, the following provisions shall apply: {a) For the purposes of this paragraph, the term "municipal engineer" shall mean any engineer employed by the municipality ar any independent engineer appointed by the municipality from time to time as applicable; (b} The extension of the sewage works shall first be approved by the Council of the municipality upon application of the property owner, provided that Council shall have the right to determine, in its sole discretion, whether there is sufficient capacity in the sewage works to service the proposed extension; (c) All engineering drawings relating to the proposed extension must be prepared by a Consulting Engineer retained by the property owner, at the property owner's sole cost. Such engineering drawings are subject to the approval of the Municipal Engineer; (d) The property owner shall execute an Agreement with the municipality pursuant to which the property owner shall agree to be responsible for all engineering, legal and related fees incurred by the municipality as the result of the request for proposed extension of the sewage works by the property owner; (e} The Agreement between the property owner and the municipality shall also require the property owner to pay the total capital cost of the proposed extension, the municipality's costs as set out in subparagraph (d) above, together with a further sewage service charge in an amount to be determined by by-law of Council, prior to the commencement of any work. Pace 5 of 7 SCHEDULE "G" TO BY-lAW NO. 2008-065 -SEWER continued... 8. Legal Description Tile Field #1 & #2 Serviced Lots within Plan M-11 Tile Field #3 & #4 & #5 Serviced Lots within Plan M-10 Tile Field #6 Serviced Lots within Plan 1531 legal Description Serviced Lots within Plan 1587 10. Miscellaneous Fees: (a} Connection fee inspection $200.00 Page 6 of 7 Appendix "D" to E3y-Law No. 2008-108 SCHEDULE "K" TO BY-LAW NO. 2008-065 BY-LAW ENFORCEMENT 1. Calculation of Permit Fees 1.2. Permit fees shall be calculated based an the formula given below, unless otherwise specified in the schedule. 2. Fees Flat Rate 2.1. Permit Fees Swimming Pool Fence $ 75.00 Signs (not regulated under the Ontario Building Cade) $ 75.00 2.3. Review/Inspection Campgrounds $ 75.00 Residential Care Facilities $ 75.00 2.4. Miscellaneous: Flat Rate Transfer Permit (to new owner} $ 75.00 Re-inspection Fee $ 75.00 Permit Revision (in addition to applicable permit fees} $ 75A0 File Search $ 50.00 Annual file maintenance fee $ 50.00 Applicable on permits not granted a final approval after one (1 }year subsequent to permit issuance. 3. Refund of Permit Fees 3.1 Pursuant to this by-law, the portion of the total calculated permit fees that may be refunded shall be a percentage of the total fees payable under this by-law, calculated as follows in regard to functions undertaken by the municipality: a) 80% if administrative function only have been performed; b) 45% if administrative and plans examination functions have been performed; c) 35% if the permit has been issued and no field inspections have been performed subsequent to permit issuance; or d) 0°I° if any field inspections have been performed subsequent to permit issuance. 5. Notes 5.1 Fees for classes of permits not described ar included in this schedule shall be determined by the Chief By-law Enforcement Officer. 5.2 Total fee is payable upon receipt of completed application. 5.3 Where a person is found to have commenced installation of a structure defined under municipal by-laws without the appropriate permit, a fee of twice the normal permit fee will be applied, to offset additional administrative casts. 5.4 If an overpayment of a permit fee occurs on a permit application and the overpayment is less than $50.00 the difference will not be refunded. 5.5 Permit fees shall be returned to the person named on the fee receipt, unless such person advises the Chief By-law Enforcement Officer, in writing and prior to release of the refund, of a change in name, in which case the refund shall be returned to the person then authorized to receive it. Page 7 of 7 ~. ~. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2048-11 d A By-law to amend the zoning provisions which apply to lands within Plan M-367, Black 86, Concession 7 (Farmer Township of Ora), now in the Township of Ora-Medonte (Indian Park Association 2dd8-ZBA-d7) WHEREAS the Council of the Corporation of the Township of Ora-Medonters empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section C14 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A16' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Block 86, Plan M-367, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from Open Space (OS) Zone to the Residential One (Fi1 }Zone as shown an Schedule `A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 1dT" DAY OF SEPTEMBER, 2048. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2dd8. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule ~A' to By-law No. 2t~08-'t'10 This is Schedule 'A' to By-Law 2008-11 Q passed the day of , 2OQ8. Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE {FILE 2008-ZBA-O?) .+ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2048-111 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A TEMPORARY USE BY-LAW AGREEMENT (GARDEN SUITE} BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND BRENT HALE, DESCRIBED AS SOUTH PART OF LOT i6, CONCESSON 3, TOWNSHIP OF ORO-MEDONTE {MEDONTE}, COUNTY OF SIMCOE WHEREAS Section 39.1 of The Planning Act, R.S.O 1990 c.P. 13, as amended provides for the entering into of an agreement to authorize the temporary use of a garden suite; AND WHEREAS Council deems it necessary to enter into an agreement on the lands described herein; AND WHEREAS Council for the Corporation of the Township of Qro-Medonte established Temporary Use By-law policies in the Official Plan for the Township; NOW THEREFORE the Council for the Corporation of the Township of Oro- Medonte hereby enacts as follows: 1. THAT the Township enter into the Temporary Use By-law Agreement attached hereto, as Appendix "B", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Temporary Use By-law Agreement on behalf of the Corporation of the Township of Oro- Medonte; 3. THAT the attached Schedule "A" and Appendix "B" farm part of this By-law; 4. THAT this By-law shall came into force and take effect upon being enacted by Council. BY-LAW READ A FIRST AND SECOND TIME, THIS 10`h DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINA~<.Y PASSED THIS DAY OF 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule iA' to By-Law No. 2t~08-111 This is Schedule 'A" to By-Law 2008-111 passed the day of , 2008. Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE (FILE 2008-ZBA-04} Appendix "B" to Sy-Law No. ?008-111 THIS AGREEMENT made the 10th day of September, 2005. BETWEEN: BRENT HALE hereinafter called the "Owner" OF THE FIRST PART AND AND ROBERT AND ELEANOR HALE hereinafter called the "Occupant" OF THE SECOND PART THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE hereinafter called the "Municipality" OF THE THIRD PART WHEREAS the Council of the Municipality has received an Application to temporarily re-zone a parcel of land as more particularly described in Schedule "All attached hereto (the "Subject Lands"), pursuant to Sections 34 and 39 of the Planning Act, R. 5.0, 1990, as amended, to authorize the Temporary use of a Garden Suite; AND WHEREAS pursuant to subsection 39.1 of the Planning Act, the Council of the Municipality may require the owner of the Garden Suite, or any other person to enter into an Agreement with the Municipality; AND WHEREAS the lands are being purchased by the owner and the owner and the occupant have consented to enter into this Agreement with the municipality under the terms and conditions hereinafter set forth, as a condition of the transfer of the rights and obligations of the temporary use by-law; AND WHEREAS the owner and the occupant haze consented to enter into an Agreement with the municipality under the terms and conditions hereinafter set forth, as a condition of the temporary re-zoning to authorize the use of a Garden Suite upon the Subject Lands; NOW THEREFORE consideration of the temporary re-zoning of the subject lands, the Owner and the Occupant hereby covenant and agree with the Municipality as F:\Corporate ServicesiClerkiC-Council Boards & By-laws\C01 By-lawsi2008 By-Laws\2008-111, Nale Garden Suite Agreement.doc DEFINITIONS 1.1 "Garden Suite" means a one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. 1.2 "Permitted Temporary Use"' means one mobile home, used as a Garden Suite, in accordance with the terms of this Agreement and the provisions of the Temporary Use By-law, 1.3 "Temporary Use By-law" means the by-law passed by the Municipality pursuant to Sections 3~- and 39 of the Planning Act to authorize the permitted temporary use upon the subject lands. ?. USE, INSTALLATION, MAINTENANCE Alti1D REMOVAL OF GARDEN SUITE 21 The Owner and Occupant shall be responsible, at their sole cost for the installation and maintenance of the Garden Suite upon the subject Lands in accordance with the by-laws of the Township in effect from time to time, Including but not limited to the Temporary Use By-law, and all applicable Federal and Provincial legislation. 2.2 Subject to the terms of this Agreement and the Temporary Use By-law, the permitted temporary use maybe carried on upon the Subject Lands from the date of the commencement of the Term of this Agreement, as hereinafter defined. 2.3 The Owner and Occupant shall remove the Garden Suite from the subject lands on or before the earlier of. (a) in the event of default by the Owner or Occupant under -the terms of this Agreement or the provisions of the Temporary Use By-law, the 30th day following written notice from the Township of the termination of this Agreement; (b) the 180th day following the date of death of the Occupant; or. (c) the last day of the Term of this Agreement. 2.~ In the event that the Owner and occupant fail to remove the Garden Suite from the Subject hands in accordance with the provisions of this Agreement, the Municipality may enter upon the Subject Lands to remove the Garden Spite, and all costs incurred by the Municipality in connection therewith shall be recoverable from the Owner pursuant to the provisions of Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, whereby the costs incurred will be added to the tax roll and collected in a like manner as taxes. 3. TERM 3.1 The Term of this Agreement shall commence from the date of execution by the Township and expiring on the day immediately proceeding the IOth day of September, 2018. d. C?CCUPANCY OF GARDEN SUITE 41 The Owner and Occupant shall not permit the Garden Suite to be occupied by any person other than the Occupant. 5. DEFAULT AND TERMINATION 5.1 In the event of default by the Owner or the Occupant under the terms of this Agreement, which default shall not have been cured by the Owner or Occupant within 30 days of written notice of default from Che Municipality, the Mlmicipality shall have the right to terminate this Agreement on 30 days notice in writing to the owner and Occupant. 5.2 In the event of termination of this Agreement, the rights of the Owner and Occupant to continue the permitted temporary use shall immediately cease, and the Municipality shall be entitled to repeal the Temporary Use By-law without further notice to the Owner or Occupant. 6. EXPENSES OF THE MUNICIPALITY 6.1 Every provision of this Agreement by which the owner or occupant is obligated in any way shall be deemed to include the words "at the expense of the Owner or Occupant" as the case may be, unless the context otherwise requires. 6.2 The Owner and Occupant shall be responsible for and shall pay to the Municipality on demand all costs incurred by the Municipality in connection with the preparation and enforcement of this Agreement and the Temporary Use By-law. 6.3 The Owner and Occupant shall, on or before the execution of this Agreement by the municipality, file with the Municipality a deposit in the 4 amount of $2500.00, which may be applied by the Municipality in reduction of the costs incurred as set out above. 6,4 All costs and expenses exceeding the said $ 2500.00 deposit shall be recoverable from the owner as described in Section 2.4. 7. NOTICE All Notices to be given hereunder maybe given by registered letter addressed to: owner: Brent Hale 1310 Moonstone Raad West R.R. 1 Midland, Ontario L4R 4K3 Occupant: Robert and Eleanor Hale 1310 Moonstone Road West R.R. l Midland, Ontario L4R 4K3 Municipality: Township of Oro-Medonte 148 Line 7 South P.O. Box 100 Oro, Ontario L0L 2~0 or such other address as the parties may respectively from time to time designate in writing, and any such Notice shall be deemed to have been given to and received by the addressee three (3) days after the mailing thereof, postage prepaid and registered. 8. SEVERABILITY $1 Any provision of this Agreement which is found to be invalid or unenforceable under the laws of the Province of Ontario by a court of competent jurisdiction, to the extent such provision is invalid or unenforceable, shall be deemed severable and shall not affect any other provision of this Agreement. 4. NO ASSIGNI~TENT 91 This Agreement, and the rights and obligations arising under it, may not be assigned by the owner or the Occupant without the prior written consent of the Municipality. 10. ESTOPPEL 10,1 The Owner, (7cupant and the Municipality will not call into question directly or indirectly in any proceeding in law or in equity or before any administration or other tribunal, the right of the other parties to enter in this Agreement and to enforce every term, covenant and condition of it, The law of contract applies to this Agreement and the parties are entitled to all remedies arising from it. This provision may be pleaded by the parties in any action or proceeding as an estoppel of any denial of such right. 11. INDEI~~IFICATION FROM LIABILITY AND RELEASE 11. l The owner and Occupant covenant and agree with the municipality, on behalf of themselves, their permitted successors and assigns, to indemnify and save harmless the Municipality, its servants and agents from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly in connection with this Agreement. 1 L2 The Owner and Occupant further covenant and agree to release and forever discharge the Municipality from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise as a result of any action taken by the municipality under the terms of this Agreement 12. INTERPRETATION 12.1 In the interpretation of this Agreement, unless the context indicates a contrary intention: (a) the obligations of more than one party will be joint and several, (b) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (c) headings are for convenience only and do not affect interpretation; 6 (d) reference to Sections and Schedules are to sections and schedules of this Agreement and the Schedules form part of this Agreement, and {e) this Agreement may be executed in any number of counterparts, each of which will be deemed an original but which together will constitute one instrument. IN WITNESS WHEREOF the parties have hereunder set their hands and seals. SIGNED, SEALED AND DELIVERED in the presence of Brent Hale, Owner Robert Hale, Occupant Eleanor Hale, Occupant THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Mayor, H.S. Hughes Clerk, Douglas Irwin 7 THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN BRENT HALE AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION Sonth Part of Lot I6, Concession 3, Township of Oro-Medonte (formerly Township of Medonte), County of Simcoe, municipally known as 1310 Moonstone Road West. t ~ ... ~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 200$-112 A By-law to allow a Temporary Use for a Garden Suite by Robert and Eleanor Hale {Brent Hale} on certain lands described as South Part of Lot 16, Concession 3 {Medonte}, Township of Oro-Medonte, County of Simcoe, {municipally known as 1310 Moonstone Road West} under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended Roll # 4346-020-007-00100 WHEREAS an application has been submitted to the Township of Oro-Medonte to establish a temporary use; AND WHEREAS the Official Plan for the Township of Oro-Medonte contains certain policies which allow for the establishment of temporary uses; AND WHEREAS Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, in accordance with Section 34, provides the authority to establish temporary uses; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: Notwithstanding the permitted uses of By-law 97-95, as amended, as they apply to lands described as South Part of Lot 16, Concession 3 {Medonte), as shown of Schedule "A" attached hereto, these lands may be used fora "Garden Suite". Schedule "A" attached hereto forms part of this By-law. This By-law is enacted by Council and in accordance with the Planning Act, R.S.O. 1990, c.P.13, will take effect from the date of passing of the By-law and is hereby repealed 10 years from the date of passing of this By-law. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2oas. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H. S. Hughes Clerk, J. Douglas Irwin schedule `A' to By-law Na. 2aa8-112 This is Schedule 'R' to By-Law 2008-112 passed the day of , 2008. HUMMINGB{RD HILL 1 i SUBJECT PROPERTY 1310 MOONSTONE ROAD W BLUEBERRY MARSH COUNTY FOREST ~ N "D.R.I. TRAGT" Z ~ J N h tlJ M J tia ~C _ __ Q Z C3 MOONSTONE -~ u~ _ South Part of Lot 16, Concession 3 (Medonte} Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE (FILE 2008-ZBA-04) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-113 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND LINDA SHERWOOD TO ALLOW FOR TEMPORARY RESIDENGY IN THE EXISTING DWELLING LOGATED AT WEST PART OF LOT 16, CONGESSION 2 (ORILLIA), TOWNSHIP OF ORO-MEDONTE, 327 LINE 15 SOUTH WHEREAS the Municipal Act, 2001, S. d. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Carporatian of the Tawnship of Oro-Medonte deems it desirable to enter into an agreement, effective September 10, 2008 with Linda Sherwood to temporarily reside in the existing dwelling located at West Part of Lat 16, Concession 2 (Oriilia), Tawnship of Qro-Medonte, 327 Line 15 South for a maximum twelve month period while the new dwelling is being constructed. NOW THEREFORE the Council of the Township of (fro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law. THAT this by-law shall take effect an the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2008. THE GORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Glerk, J. Douglas Irwin SCh~ dU1e "t~~~ CCS AGR!-t_~1E_.tiTlAFFID.IVIT fay-L~t~ No. 2C~t~i~-113 In consideration of receiving a building permit from the Township of Oro-Medante, C, Linda 51~erwaad, of the Township of Oro-Medante (formerly Township of Medonte) in the County of Simcoe, covenant and agree as follows: t. That [ am the registered owner of West Part of Lot Ib Con 2 being more particularly described as ?2' Line 15 South Om-?viedante. 2. That C have applied to the Counci! of the Corporation of the Taw~nsl~ip of Oro-Ivledonte for permission to temporarily reside in our existing dwelling on the atrove-mentioned lands, at the same time as a new dwelling is under construction on those same lands, «~herein such procedure is not provided for under the provisions of the Township crf Orcr-Iytedonte's honing By-law as amended_ 3. That I hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medante subject to the following provisions: al That such permission is granted for the twelve month period from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and b) That an completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the existing dwelling is to be removed within one month to the satisfaction of the Township's Chief Building Official; and cj That application to the Township of Oro-Medonte for a temporary use permit will be made forthwith (Fee $lOfl.(?0}. -1. That certified funds in the amount of $2QP00,00 be retained by the Corporation of the To~~•nship of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a} Failure to comply with the aforementioned conditions wilt result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sale discretion. ". That I hereby agree to t17e terms and canditirnis set out above. 6. 1t is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation aF the Tox=nship of Oro-Medonte from pursuing such litigation, as may= be necessary to secure compliance or conformity with any applicable Municipal By-law ar provincial Regulation as may be provided for. ?. I hereby covenant and agree to indemnify and sage harmless the Township of Oro- Medante from all casts, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into aF this agreement. Late Linda Sherwood, Owner Mayor, H. 5. Hughes Witness Clerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2Q{)$-114 A By-law to Appoint a Deputy Treasurer WHEREAS Section 286(2} of the Municipal Act, 2001, S. Q, 2001, c.25, as amended provides that a municipality may appoint Deputy Treasurers who have all the powers and duties of the Treasurer under this and any other Act; WHEREAS Section 386(2} Part XI Sale of Land for Tax Arrears of the Municipal Act, 2001, S.t?. 2001, c.25, as amended provides that the Treasurer may, in writing, delegate any power or duty granted to or vested in the Treasurer under this Part to any officer or employee of the municipality; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Michael Kelly be appointed Deputy Treasurer of The Corporation of the Township of Oro-Medonte; 2. That such duties and responsibilities associated with this appointment be carried out as provided for within the respective job description; 3. That the Deputy Treasurer hereby assumes all duties and powers granted to or vested in the Treasurer pursuant to Part XI Sale of Land for Tax Arrears of the Municipal Act, 2001 S.O. 2001, c.25, as amended, as delegated in writing by the Treasurer, as evident by Schedule "A" attached hereto; 4. This appointment shall be effective the 2"d day of July, 2008. BY-LAW READ A FIRST AND SECOND TIME THIS 1t7T" DAY OF SEPTEMBER, Zoos. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2A0$. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin t ~ -- ~. Schedule "A" 2008-114 Q ©4 ~~t4- .~ ~ -iy f a1 r ~ ~ ~~ k-fE t-C'rl~('«RA~I~)N ~~F THE ,' ~~ ~ - t~rc> Unt~u ~ (t~L ZXO 'l~o.~~° TOS 1HI?_€~[ i,ix %~~~ t5~i~~3; ivvvw xo-me°cionre~~a September 4, 2008 I, Paul Gravelle, Treasurer of the Township of Oro-Medonte, in accordance with S. 386(2) of the Municipal Act, 2001 S.O. 2001, c.25, hereby delegate any power or duty granted to or vested in the treasurer under Part XI of the said Act to Michael Kelly, Deputy Treasurer. L~~ ~~t,- Z~-~t.- Paul Gravelle Director of Finance, Treasurer ~& THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 20x8-115 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corparatian of the Township of Ora-Medonte and Adam Duivenvoorden described as lands as follows: Part of Lot 15, Concession 5 (Oro) Being Part 1 of Plan 51 R-35353, Being all of PIN #58525-0173 (Lt) Roll #4346-02a- a02-07710, Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Gontrol Agreement on the lands described herein; AND WHEREAS By-Law No. 2008-069, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council far the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2008-069; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Gontrol Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2ao8. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2aa8. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin APPENDIX "A" SITE PLAN AGREEMENT -between - ADAM DUIVENVOORDEN -and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Rart of Lat 15, Concession 5, being Part 1 on Plan 51 R-35353 Being all of PIN 58525-0173 (LT) 5379 Line 4 North Rall # 4346-020-002-07700 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE August, 2008 By-Law No. 2008- THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Sectian 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Sectian 5 Security Section 6 Compliance Sectian 7 Co-operation Section 8 Binding Effect Sectian 9 Severab'rlity of Glauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule 'B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction SITE PLAN CONTROL. AGREEMENT This Agreement made, in quadruplicate, this day of 24U8, in accordance with Section 41 of the Pianninq Act. BETW EEN: ADAM DUIVENVOORDEN Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a new single detached dwelling on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Contra) Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b} This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c} No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d} The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e} The Owner shall, prior to the execution of this Agreement, pay ail municipal taxes and charges related to obtaining the approval of these lands for the intended use. f} The Owner shad pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. 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 specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $N/A. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g} The Owner shall have delivered to the Township, all TransferslDeeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h} The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit construction of a new single detached dwelling described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-taws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) ~ighting All lighting systems installed outside, such as floodlights, shad be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveway All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419J86, and such parking areas, loading, and access areas shah be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & I} and multi-unit locations (six {6} units and over) will not receive curb side waste collection services from the County of Simcoe. Each L C. & I location and multi-unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on aA lawn areas. h} Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a} Cash in the amount of one hundred percent (1Q0°r°} of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100°I°) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to acceptor reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cast of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will became the basis for the limits of the securities. d} Any Letter of Credit ar security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that ail required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.Q. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. SCHEDULE "A" NOTE: It is understand and agreed that this Schedule farms part of the Site Plan Agreement between the Township of Oro-Medante and LEGAL DESCRIPTIQN OF LANDS Part of Lot 15, Concession 5, being Part 1 on Plan 51 R-35353 Being all of PIN 58525-0173 (LT} 5379 Line 4 North Roll # 4346-020-002-07700 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of ©ro-Medonte and SITE PLAN Site Plan Drawing A-1 prepared by Custom CADD dated March 2008 is not in a registerable form and is available from the Township of Oro-Medonte. SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Twa Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP NIA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A r .wf~ SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Ora-Medonte and ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT NlA LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required N1A under the terms of this Agreement, as noted in Section 5 herein. t3. BINDING EFFECT This Agreement, and everything contained herein, shad be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validit}r of the Agreement as a whole ar any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Qwner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants orsub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims ar demands was not caused intentionally or through gross negligence on the part of the Township, its servants ar agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. _._ ~,--- ~-_, ~ ` -, ~y_ SIGNED, SEALED AND DELIVERED } , ` ~" ~~``+ ~ y ~ ~- - - Adam Duivenvoarden, Owner } } Owner: } } ) The Corporation of the Township of Oro-Medonte } ) per: } H.S. Hughes, Mayor } } J. Douglas Irwin, Clerk THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-116 Being a By-law to remove the Holding symbol applying to lands located at 5379 LINE 4 NORTH, PART OF LOT 15, CONCESSION 5, BEING PART 1 ON PLAN 51 R-35353 MEDONTE; ORO-MEDONTE Being all of PIN 58525-0173 (LT) Rall # 4346-020-002-07710 (DUIVENVOORDEN) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Halding provision applying to the subject lands; NOW THEREFORE the Council of the Gorparation of the Township of Oro-Medonte enacts as follows: 1.Schedule `A22', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "5379 Line 4 North, Part of Lot 15, Concession 5, Being Part 1 on Plan 51 R-35353 Medonte; Oro-Medonte being all of PIN 58525-0173 (LT) Roll # 4346-020-002-07710" as shown on Schedule `A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule 'A' to By-Law No. 2ClC~8-'116 This is Schedule 'A' to By-Law 2008-116 passed the day of , 2008. Mayor HS. Hughes Clerk J. Douglas Irwin Tt)WNSHIR OF ORt"~-MEDONTE THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2008- 117 A By-law to amend the zoning provisions which apply to lands within Part of Lot 56, Concession 2, {Former Township of Medonte}, now in the Township of Ora-Medonte {Kumpula 2008-ZBA-09} WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.4. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to correct a zoning mapping error to permit the development of agriculturallrural uses, in accordance with Section E1 of the Qfficial Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A20' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 56, Concession 2, in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from Environmental Protection (EP} Zone to AgriculturallRural {A/RU} Zone as shown on Schedule `A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2aa8. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin iaM a Schedule ~A' to By-law No. 2008-117 This is Schedule 'A' to By-Law 2008-117 Mayor Clerk LANDS TO 8E RE-ZONED PROM ENVIRGN MENTAL PROTECTION KEPI ZONE TO AGRICULTURAL-RURAL (A~RU) ZONE ',0 50 100 200 300 300 -.. - ~._ _ ~ Metes H.S. Hughes J. Douglas Irwin TOWNSHIP OF ORO-MEDONTE THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-118 A By-law to Authorize the Execution of a Site Plan Cantral Agreement between The Corporation of the Township of Ora-Medonte and Ben Ramolla described as lands as follows: Lot 8, Plan, 1441, Concession 10, Being all of PIN 58549-0087 {LT) 17 Booth Street, Rall # 4346-010-010-42500 -and- t_ot 9, Plan, 1441, Concession 10, Being all of PIN 58549-0088 {LT) 19 Booth Street, Roll # 4346-010-010-42600 Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2008-069, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Gouncil for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2008-069; NOW THEREFORE the Gouncil of the Township of ©ro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", an lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-t_aw; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, N.S. Hughes Clerk, J. Douglas Irwin APPENDIX "A" SITE PLAN AGREEMENT -between - BEN RAMO~L_A -and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Lot 8, Plan, 1441, Concession 10 Being all of PIN 58549-0087 {LT) 17 Booth Street Roll # 4346-010-010-42500 -and- Lot 9, Plan, 1441, Concession 10 Being all of PIN 58549-0088 (LT) 19 Booth Street Roll # 4346-010-010-42600 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE August, 2008 By-Law No. 2008- THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the C7wner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction o c SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of 2flfl8, in accordance with Section 41 of the Planning Act. BETWEEN: BEN RAMOLLA Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECONQ PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a single storey storage building accessory to an existing marine sales establishment on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide far the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B": NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a} The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b} This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject farads. c} No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d} The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Rgencies, including, but not limited to, the County of Simcoe. e} The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. The Owner shall pay a refundable deposit for such reasonable casts as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. 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 specifically stated otherwise. The refundable deposit for expenses and actual cost shat! be $NIA. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g} The Owner shall have delivered to the Township, all TransferslDeeds, Discharges and Easements, or other documents required by Schedule "G", as well as certification from the Owner's solicitor that the TransferlDeeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h} The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the TownshiplMinistry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a} That the Township has enacted a By-law to permit a single storey storage building accessary to an existing marine sales establishment described on the Site Plan. b} That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a} Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b} Li htin All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use andlor roadway, not to cause interference in any way. e} Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain ail necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d} Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e} Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f} Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C, & I} and multi-unit locations (six (6} units and aver} will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be responsible for their own garbage and recycling disposal. g} Landscaping The Owner shall complete ail landscaping and landscaped areas shown an the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h} Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule `D" to this Agreement (the "said Work"}, the following securities: a} Gash in the amount of one hundred percent (100°1°} of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b} An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100°1°} of the estimated casts of the said works, and as approved by the Township Engineer. The t_etter of Credit shall be for a minimum guaranteed period of one (1 }year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30} days prior to expiration. c} The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cast of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d} Any Letter of Gredit ar security filed with the Township is based upon the estimated cast of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e} Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Gredit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Gredit. f} If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21 }day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything captained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole ar any part thereof, other than the provision sa declared to be invalid. 10. SAVE HARMLESS The Owner, an behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly ar indirectly by reason of any work ar service performed by the Township, its servants orsub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was pat caused intentionally or through grass negligence on the part of the Township, its servants or agents orsub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DE~NERED ) Ben Ramolla, Owner Owner: } } The Corporation of the } Township of Oro-Medonte } per: } H.S. Hughes, Mayor } J. Douglas Irwin, Clerk SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of C}ro-Medonte and LEGAL DESCRIPTION OF LANDS Lot 8, Plan, 1441, Concession 10 Being all of PIN 58549-0087 (LT) 17 Booth Street Roll # 4346-010-010-42500 -and- Lot 9, Plan, 1441, Concession 10 Being all of PIN 58549-0088 {LT} 19 Booth Street Roll # 4346-010-010-42600 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule farms part of the Site Plan Agreement between the Township of Oro-Medonte and SITE PLAN Site Plan Drawing SP-1 prepared by R.A. Jeffries & Associates dated July 14, 2808 is not in a registerable form and is available from the Township of Oro-Medonte. SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medante and DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot ar Black Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors far the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars 02.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A io SCHEDULE "D" NOTE: It is understand and agreed that this Schedule farms part of the Site Plan Agreement between the Tpwnship of Oro-Medante and ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N!A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure campletian of all works required NlA under the terms of this Agreement, as noted in Section 5 herein. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-119 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Chris Guest described as lands as follows: Part of Lot 1, Range 2, Part 5, 51 R-31725 Being all of PIN 58554-0101 (LT)} 17 Pemberton Lane Roll # 4346-010-007-08500 Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2008-069, a By-Law to designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2008-069; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin ~u APPENDIX "A" _ 4 SITE PLAN AGREEMENT -between - CHRIS GUEST -and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of Lot 1, Range 2, Part 5, 51 R-31725 Being all of PIN 58554-0101 (LT}) 17 Pemberton Lane Roll # 4346-010-007-08500 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE August, 2008 By-Law No. 2008- THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" legal Description of Lands Schedule "B" Site Plan Schedule "C" deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Gast of Construction 2 SITE PLAN GONTROt- AGREEMENT This Agreement made, in quadruplicate, this day of 20Q8, in accordance with Section 41 of the Planning Act. BETWEEN: GHRIS GUEST Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a new two storey single detached dwelling on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: ~' f 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a} The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b} This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcae. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. 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 specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $NIA. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual casts are submitted by the Township. g} The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h} The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. The Owner acknowledges that the lot does not front an an improved public road, that the Township does not or is not required to maintain or snowplow the said road, that the Township will not take over or assume the private road as a Township public road or street unless it has been built according to the Township standards, then in force, and that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a} That the Township has enacted a By-law to permit construction of a new two storey single detached dwelling as described on the Site Plan. b} That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVEt_C?PMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be an and subject to the following terms and conditions: a} Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Li htin All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use andlor roadway, not to cause interference in any way. c} P_arking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Cade Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e} Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f} Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional {I. C. & I} and multi-unit locations (six (6} units and over) will not receive curb side waste collection services from the County of Simcoe. Each 1. C. & 1 location and multi-unit residential location will be responsible for their own garbage and recycling disposal. g} Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done an all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement ar the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100°l0) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other casts incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given an behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at libert}r to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. `~ 1 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. $. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof; other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) -~~ --- Chris Guest, Own } } } ) Owner: The Corporation of the ) Township of Oro-Medonte } per: H.S. Hughes, Mayor ) J. Douglas Irwin, Clerk } SCHEDULE "Q" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medante and LEGAL DESCRIPTION OF LANDS Part of Lot 1, Range 2, Part 5, 51 R-31725 Being all of PIN 58554-0101 (LT) 17 Pemberton Lane Roll # 4346-010-007-08500 scHEau~E «g„ NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and SITE P<_AN F ~ Site Plan drawing ~-1 prepared by John D. Bell Associates dated June 20Q8 is not in a registerable farm and is available from the Township of Ora-Medonte. SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dal/ars ($2.Q0) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP NiA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N!A io SCHEDULE "D" NOTE: It is understand and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required N!A under the terms of this Agreement, as noted in Section 5 herein. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW N0.2008-120 Being a By-law to remove the Holding symbol applying to lands located at 17 Pemberton Lane, Part of Lot 1, Range 2, Part 5, 51 R-31725 Being all of PIN 58554-0101 (LT)) Roil # 4346-010-007-0$500 (GUEST} WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1.Schedule `A1', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "17 Pemberton Lane, Part of Lot 1, Range 2, Part 5, 51 R-31725, Being all of PIN 58554-0101 (LT)), Roll # 4346-010-007-08500" as shown on Schedule `A" attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS T" DAY OF SEPTEMBER, 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Schedule 'A' ~O By-Law No. 20~~t-'120 This is Schedule 'A' to By-l.aw 2008-120 passed the day of , 2008. Mayor H.S. Hughes Q 1V Clerk J. Douglas Irwin RANT-Y- BAY SUBJECT LANDS 17 PEMBERTON LANE (PRIVATE ROAD} LAKE SIMGOE X TOWNSHIP OF OR~I-ME~OIwITE THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2t)08-121 A By-law to change the zoning on the lands within Part of Lot 2, Range 2, Part of the West Part of Lot 1, Range 2, being Part 3 on RP 51 R-4441, Geographic Township of Oro, Township of Ora-Medonte, County of Simcoe WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the subject lands; AND WHEREAS the passage of such a by-law will conform to the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: Schedule `A2' to Zoning By-law No. 97-95 as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of Lot 2, Range 2, Part of the West Part of Lot 1, Range 2, being Part 3 on RP 51 R-4441, Geographic Township of Ora, Township of Oro-Medonte, County of Simcoe, from the Residential Limited Service Holding {RLS(H}} Zone to the Shoreline Residential (SR} Zane as shown on Schedule `A', attached hereto and forming part of this By- law. 2. This By-law shall came into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OFSEPTEMBER, 2aos. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS _ DAY OF _, 2oas. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S Hughes Clerk, J. Douglas Irwin Schedule 'A' to By-law IUo. 2008- This is Schedule 'A" to By-Law 2008 - passed the day of , 2008 Mayor H.S.Hughes Clerk J. Douglas Irwin p N ~ ~ ~~ ,~i~ l,, ~J ® Lands to be rezoned from Residential Limited Service Holding {RCS-H) Zone to Shoreline Residential {SR) Zone. N\pro-W3fMa1N:CO~nn bwnnc~, ZHA ontl llfl fflRA\tre~Y.ps\IH.\MilC - T[fietlW~ ~ - 31 JWy OBdp THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-103 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 10, 2008 THE COUNGIt_ OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, September 10, 2008, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adapted, ratified and confirmed. 2. THAT the Deputy Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 10`" DAY OF SEPTEMBER, 200$. BYLAW READ A THIRD TIME AND FINA<_~Y PASSED THIS 10`" DAY OF SEPTEMBER, 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, N.S. Hughes Clerk, J. Douglas Irwin