12 21 2005 Council Agenda
TOWNSHIP OFORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, DECEMBER 21, 2005
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:
a) Minutes of Council Meeting of December 7, 2005.
7. RECOGNITION OF ACHIEVEMENTS:
None.
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
a) 7:10p.m. June Spooner and Jackie Whiston, re: Lines 10 and 11 North and Eady
Station Road.
10. CONSENT AGENDA CORRESPONDENCE:
None.
11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
None.
12. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. PD 2005-066, Bruce Hoppe, Director of Building and Planning Services, re:
Rezoning Application 2005-ZBA-26, Harvey and Dianne Johnstone, Part of Lot 22,
Concession 9 (Oro) Township of Oro-Medonte.
13. REPORTS OF COMMITTEES:
a) Committee of the Whole minutes, meeting held on December 14, 2005.
14. COMMUNICATIONS:
None.
15. IN-CAMERA:
a) Jennifer Zieleniewski, CAO, re: Personnel Matter
16. BY-LAWS:
a) By-Law No. 2005-119 A By-law to regulate, license and control animals within the
Township of Oro-Medonte and to Repeal By-law No. 2002-076
[deferred from November 16, 2005].
b) By-Law No. 2005-140 A By-law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro-
Medonte and Robert Victor Stinson (Barrie Drive-In Theatre)
described as lands as follows: Part of the East 112 of Lot 21,
Concession 4 Being all of PIN #58551-0073 (Lt) Roll #4346-
010-008-05900-0000 Township of Oro-Medonte, County of
Simcoe.
c) By-Law No. 2005-142 A By-law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro-
Medonte and Paige Custom Homes Inc. described as lands as
follows: Part of Lots 14 and 15 Fronting Kempenfelt Bay and
Part Water Lots 14 and 15 Lying in Front of Lots 14 and 15, s/s
Davis Street Plan 1, Being Part 2,51 R-32684, Together with
Right-of-Way over Part 1,51 R-32684, Together with Right-of-
Way over Parts 2, 3, 4 and 5, 51 R-15199 Being all of PIN
#58554-0142 (Lt) Roll #4346-010-006-00600-0000.
d) By-Law No. 2005.143 Being a By-law to remove the Holding symbol applying to
lands at located at Concession 1, Plan 1, Part Lot 14, Part Lot
15, Water Lot 14 & 15, RP 51 R-32684, Parts 3 and 5 (Oro),
Township of Oro-Medonte, (RolI# 4346-010-006-00600) (Paige
Custom Homes).
e) By-Law No. 2005-144 Being a By-Law to Appoint a Chief Building Official, Chief By-
law Enforcement Officer And Deputy Chief Building
Official/Chief By-law Enforcement Officer and to Repeal By-
Laws No. 94-6, 2004-127, 2005-106.
17. CONFIRMATION BY-LAW NO. 2005-139.
18. QUESTIONS AND ANNOUNCEMENTS
19. ADJOURNMENT
CHRISTMAS FESTIVITIES
Oro-Medonte Community Choirs
Led By: Marilyn Gregory
Accompanied By: Janice MacLeod
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ADDENDUM
COUNCIL MEETING
Wednesday, December 21, 2005
13. REPORTS OF COMMITTEES:
b) Committee of Adjustment, minutes of December 15, 2005 meeting.
15. IN-CAMERA:
b) Jennifer Zieleniewski, CAO, re: Personnel Matter.
en.
December 21r 2005
. -+c,
Good evening Mayor,
I am Ms, Jackie Whiston
Township.
This deputation is a follow-up to a letter submitted by Mrs. June Spooner on October 26th,
2005, which was received by Council on November 2nd, 2005.
Mrs. Spooner and I would like to present a petition, signed by over 100 people who live on
Line 10 and 11 North between the Horseshoe Valley and Moonstone Roads, and the Eady
Station Road, which runs between Line 10 and 11 North. We are requesting that you
hardtop the aforementioned roads as the dust that is being churned up on these gravel
roads is causing great discomfort and contributing to serious health problems for the
people who live on them.
Many people, who have signed the petition, have noticed while driving around the
township that the roads in the former Oro area, south of the Horseshoe Valley Road are
already paved and in excellent condition even though often there are very few homes on
some of them. Unfortunately, in the former Medonte area, north of the Horseshoe Valley
Road there are far too many gravel roads that are constantly in disrepair and that still
need attention and upgrading and these road often have far more homes, with many of
them being very close to the roadside. Pictures of homes on the Eady Station Road
(including Mrs. Spooner's) have been provided to you as examples of just a few of the
many homes in our area that are very close to the traveled portion of the road.
,
Since the Eady Community Hall has been upgraded and more use is now being made of it,
the amount of traffic using these roads has increased considerably, especially in the
spring, summer and fall months with the Eady Hall Garage Sale and Turkey Supper and of
course the various meetings and other events that take place there. As Mrs. Spooner
mentioned in her original letter, she has no issue with the increased use of the Eady Hall,
just the dust created by the additional traffic using the newly renovated hall.
School buses, trucks of all sizes and cars all churn up a very large amount of dust when
passing along these roads and make life very difficult and frankly downright miserable for
the local residents. Many resort to living with the doors and windows closed and sealed
tightly, even in the hottest of weather, to try to avoid the extreme amount of dust, which
as mentioned earlier, is contributing to serious respiratory health problems and
additionally a mess and inconvenience to residents.
Line 10 and 11 North and the Eady Station Road desperately need to be hardtopped. The
residents along these roads have been very patient with the township, as we have been
tolerating the at best POOR condition of these roads for a long time. These conditions
have worsened over the years, with the increased traffic. Motorists are faced with ruts,
deep pot-holes, washboard and the constant disgusting dust and grit along with regularly
incurring costly motor vehicle repairs attributed to the rough roads and grit from the
gravel. When traveling along these roads the dust from vehicles is so extreme, at times,
that visibility is often reduced to poor or even nil posing a safety risk for motorists and
pedestrians alike. In the spring and fall we deal with bog-like conditions and in the
,\"
summer ruts, washboard, potholes and dust. When traveling south, from the Moonstone
Road, on Line 11 North there is a very steep hill right at the intersection to the Eady
Station Road. The base of this hill is constantly in such poor repair that at most times
motorists are unable to navigate through the deep ruts on the right half of the road. The
ruts and deep washboard force motorists to verge over into the center of the road or even
on the other side of the road just to navigate up and over this hill. This situation, of
course, poses a serious safety risk to all who travel this road. Through this petition, I feel
that we have clearly demonstrated that the residents of these roads are now totally fed up
and feel that the situation has become unbearable. It is time that all our voices are heard.
Furthermore through our petition, we are requesting that ENFORCEABLE speed limit
signs be erected along these same roads in an attempt to keep safe the young children,
the elderly, the dog walkers, pedestrians and cyclists who all use these same roads.
These roads are very narrow and many people travel them at high speeds forcing
pedestrians or cyclists to quickly move to the verge of the ditch to avoid being struck.
Additionally, there are many homes on these roads with numerous driveways that are
obscured by hills, bushes and trees. We recommend reducing the speed on all of these
roads to 60 km with a 30 km zone for the highly populated area on the Eady Station Road.
Recommendations were proposed, during the Dec. 14th Committee of the Whole meeting,
to post 30 km advisory signs for the curving section of the Eady Station Road. Although
the recommendations are a step in the right direction we do not feel that they adequately
address the safety concerns of the residents of Line 10 and 11 North and the straight
stretch of the Eady Station Road. Additionally, these signs do not provide enforceable
limits and therefore serve little purpose in deterring those who are driving recklessly and
at high speeds. Furthermore, in the Public Works Department report No. PW2005-25
there is reference to a traffic count on the Eady Station Road. This counter was only
placed on one end of the Eady Station Road and therefore only captured approximately
one half of the traffic volume. Anyone traveling to or from Coldwater or Orillia would
likely be using the other end of the road. These numbers were never accounted for.
Additionally, the analysis is based on the speed at which a vehicle can travel safely on the
road. It does not in any way address the safety of any pedestrians or cyclists that may
also be using the same roads.
A perfect example in our township, of an area that is now adequately posted with speed
limit signs is on Line 15 North. There is a 40 km zone in the highly used area along the
Bass Lake Beach and Park and the remainder of the road is set to a 60 km zone. Our
roads have the same issues as this road with high traffic volume, many steep hills, hidden
driveways and narrow roadways. All of these factors contributing to unsafe roadways for
pedestrians and cyclists.
In summary, I would ask that this council review the documentation that has been
presented to you this evening and as requested in our petition approve the hardtopping of
the Line 10 and 11 North, North of the Horseshoe Valley Road and the Eady Station Road
and that a by-law be passed for appropriate and enforceable speed reduction signs to be
posted along these same roads.
Thank-you.
.
Page 1
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A sampling of
photos which
demonstrate
how close to
the road many
of the homes
are on the Eady
Station Road.
.
Page 2
A sampling of
photos which
demonstrate
how close to
the road many
of the homes
are on the Eady
Station Road.
,
PROJECT ROAD HARDTOP
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WE THE UNDERSIGNED ARE REQUESTING THAT THE ORO-MEDONTE COUNCIL HARDTOP THE
10TH & 11TH CONCESSIONS AND THE EADY STATION ROAD BETWEEN THE 10th & llTH CONCESSIONS.
ALSO THAT THEY INSTALL SPEED SIGNS ALONG THESE ROADS.
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PRIN1ED NAME
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ADDRESS
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PROJECT ROAD HARDTOP
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WE THE UNDERSIGNED ARE REQUESTING THAT THE ORO-MEDONTE COUNCIL HARDTOP THE
10TH & 11TH CONCESSIONS AND THE EADY STATION ROAD BETWEEN THE 10th & 11TH CONCESSIONS.
ALSO TIlAT THEY INSTALL SPEED SIGNS ALONG THESE ROADS.
PRINTED NAME
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WE THE UNDERSIGNED ARE REQUESTING THAT THE ORO-MEDONTE COUNCIL HARDTOP THE
10TH & 11TH CONCESSIONS AND THE EADY STATION ROAD BETWEEN THE 10fh & 11TH CONCESSIONS.
ALSO THAT THEY INSTALL SPEED SIGNS ALONG THESE ROADS.
PRINTED NAME
ADDRESS
SIGNATURE
PROJECT ROAD HARDTOP C\
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WE THE UNDERSIGNED ARE REQUESTING THAT THE ORO-MEDONTE COUNCIL HARDTOP THE
10TH & 11TH CONCESSIONS AND THE EADY STATION ROAD BETWEEN THE 10th & 11TH CONCESSIONS.
ALSO THAT THEY INSTALL SPEED SIGNS ALONG THESE ROADS.
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WE THE UNDERSIGNED ARE REQUESTING THAT THE ORO-MEDONTE COUNCIL HARDTOP THE
10TH & 11TH CONCESSIONS AND THE EADY STATION ROAD BETWEEN THE 101h & 11TH CONCESSIONS.
ALSO THAT THEY INSTALL SPEED SIGNS ALONG THESE ROADS.
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WE THE UNDERSIGNED ARE REQUESTING THAT THE ORO-MEDONTE COUNCIL HARDTOP THE
lOTIl & llTIl CONCESSIONS AND THE EADY STATION ROAD BETWEEN THE 10th & llTIl CONCESSIONS.
ALSO THAT THEY INSTALL SPEED SIGNS ALONG THESE ROADS.
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TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Council Prepared By:
PD 2005-066 Bruce Hoppe, MCIP, RPP
Rezoning File No.
2005-ZBA-26
Subject: Rezoning Department:
Application - Harvey and Planning
Dianne Johnstone, Part of Lot
22, Concession 9 (Oro)
Township of Oro-Medonte
Council
C.ofW. Date: December 16, 2005
Motion # R.M. File #:
Date: Roll No:
010-009-08000
[I INTRODUCTION
II
Staff are in receipt of an application to rezone a parcel of land which is related to a proposed severance which
received conditional approval from the Committee of Adjustment on April 14, 2005 (Consent file 2005-B-13).
The subject property is farm retirement severance comprising a 0.8 ha (2 acre) lot located on the west side of
Line 9 South, south of Highway 11 (refer to Attachment #1). The rezoning would satisfy one of the conditions
of consent which requires that the subject property be rezoned to an appropriate Rural Residential zone
category to properly recognize its intended residential use.
Consideration of this application would normally be reviewed by Planning Advisory Committee prior to
proceeding to a statutory Public Meeting as required under the provisions of the Planning Act, RSO 1990. Due
to the fact there is no PAC meeting in December, the applicant has expressed concerns as the conditions of
1
consent need to be fulfilled within one year (April 14, 2006), failing which the provisional approval will lapse.
The members of the Planning Advisory Committee have been verbally contacted and understand the timing
concerns and have no objection to this matter being dealt with by Council at this time due the scheduling issue.
It is understood that a report following the statutory Public Meeting will be considered by PAC at a future
meeting.
II RECOMMENDATIONS
II
On the basis of the above, it is recommended to Council:
1. THAT Report No. PD 2005-066 be received and adopted: and,
2. THAT the application for rezoning submitted by Harvey and Dianne Johnstone respecting Part of Lot
22, Concession 9 (Oro), Township of Oro-Medonte be scheduled for a Public Meeting pursuant to
Section 34 of the Planning Act.
Respectfully Submitted;
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Director of Building and Planning Services
C.A.O. Comments:
Date:
C.A.O.
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Dept. Head
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evered Lot
0.82 ha (2 acres)
2005.B.13
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In Attendance: Chairman Allan Johnson, Member Dave Edwards, Member Garry
Potter, Member Lynda Aiken, Member Michelle Lynch and Secretary-Treasurer
Andy Karaiskakis
1. Communications and Correspondence
a) Correspondence to be addressed at the time of the specific hearing.
2. Disclosure of Pecuniary Interest
None declared
3. Hearinas:
9:30
Bob Inman
Plan 952, Lots 64, 65 (Oro)
2265 Lakeshore Road East
2005-A-46
In Attendance: Bob Inman, applicant
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Committee hereby grant Minor Variance 2005-A-46 subject to the
following conditions:
1. The proposed attached playground area be setback no closer than 17
metres (55 feet) from the average high water mark of Lake Simcoe;
2. That the setbacks be in conformity with the dimensions as set out in the
application, and on the sketches submitted with the application;
3. 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 surveylreal
property report; and,
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~December 15, 2005
Page 1
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9:40
Dawn Oschefski
Plan 993, Lot 29 (Orillia)
1081 Woodland Drive
2005-A-41 (Rev)
In Attendance: No one
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Dave Edwards
"That the Committee hereby approve minor variance 2005-A-41 as revised
subject to the following conditions:
1. That the size and setbacks of the proposed garage be in conformity with
the sketches submitted with the application 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 the proposed garage be no larger than 20.4 m2 (220 W);
4. That the proposed garage be no closer than 0.66 metres (2.16 feet) from
the interior side lot line; and,
5. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by verifying in writing that the
garage be no closer than 0.66 metres (2.16 feet) from the interior side lot
line.
.....Carried."
Committee of Adjustment-December 15, 2005
Page 2
156 ~ 3
9:50
Doug Shaw
Plan 882, Part Lots 22 and 23 (Oro)
1079 Lakeshore Road East
A-39/03(Rev)
In Attendance: No one
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Committee hereby defer application A-39/03 as per the applicants
request.
.....Carried."
Committee of Adjustment-December 15, 2005
Page 3
10:00
Horseshoe Valley Resort
Conc. 3, Part Lots 1 and 2 (Oro)
1101 Horseshoe Valley Road
\') b - '1
2005-A-49
In Attendance: Martin Kimble, representing Horseshoe Valley Resort, David
O'Brian, volunteer with Canadian Disabled Skiers Association.
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Lynda Aiken
"That the Committee hereby Approve Minor Variance application 2005-A-49,
subject to the following conditions:
1. That the setbacks be in conformity with the dimensions as set out in the
application and on the sketch submitted with the application and approved
by the Committee;
2. That the building be used for the sole exclusion for the Canadian
Association of Disabled Skiers for the use of change rooms and storage of
equipment; and,
3. 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~December 15, 2005
Page 4
10:10
Rod Harris
Cone. 1, North Part Lot 40 (Oro)
3215 Penetanguishene Road
\
2005-A-50
In Attendance: Rod Harris, applicant
Secretary-Treasurer read letters from Chris Doherty, Engineering Tech II,
County of Simcoe, received December 14, 2005 and from Mary Elizabeth
Veitch, 3362 Penetanguishene Road, received December 8, 2005 verbatim
to the Committee members and those present in the audience_
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby Approve Minor Variance application 2005-A-50
subject to the following conditions:
1. 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;
2. That the deck be no closer than 7 metres (23 feet) from the front lot line;
3. That the deck be no closer than 0.14 metres (0.46 feet) from the interior
side lot line;
4. That prior to issuance of a building permit, 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 that the deck addition be no closer than 7 metres (23 feet)
from the front lot line and 0.14 metres (0.46 feet) from the interior side lot
line; and,
5. That the setbacks be in conformity with the dimensions as set out in the
application and on the sketch submitted with the application and approved
by the Committee, as submitted.
.. ...Carried."
Committee of Adjustment-December 15, 2005
Page 5
10:20
John Duddy
Conc. 11, East Part Lot 4 (Medonte)
3886 Line 11 North
2005-A-51
In Attendance: John Duddy, applicant
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Lynda Aiken
"That the Committee hereby Approve Minor Variance application 2005-A-51
subject to the following conditions:
1. That the proposed dwelling be located no closer than 1.5 metres (5 feet)
from the slope exceeding 33% or 3 to 1; and,
2. That the setbacks be in conformity with the dimensions as set out in the
application and on the sketch submitted with the application and on the
surveyors letter dated September 2, 2005 and approved by the Committee.
.. ...Carried."
Committee of Adjustment-December 15, 2005
Page 6
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10:30
Michele Blundell
Lot 8, Plan M281 (Oro)
7 Beechwood Crescent
2005-A-52
In Attendance: Bari Librock, purchaser of 7 Beechwood Crescent, Wayne &
Shirley Busch, 4 Beechwood Crescent, Hill Bailey, 2 Beechwood Crescent
and Lawrence Houben, 1642 Line 10 North.
Secretary-Treasurer read letter from Shirley & Wayne Busch, 4 Beechwood
Crescent, dated December 14, 2005 verbatim to the Committee members
and those present in the audience.
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby Deny Minor Variance application 2005-A-52 as the
variances would not appear to be minor
.. ...Defeated."
Moved by Dave Edwards, seconded by Lynda Aiken
"That the Committee hereby Defer Minor Variance application 2005-A-52 to
allow time for the applicant to provide additional information to the Committee
with respect to the driveway leading to the detached garage and the proximity of
the garage to the septic system tile bed.
.. ...Carried."
Committee of Adjustment-December 15, 2005
Page 7
10:40
Mel Mawdsley
Cone. 14, West 1h Lot 14 (Oro)
531 Line 13 North
2005-B-53
In Attendance: Mel Mawdsley, applicant
BE IT RESOLVED that:
"That the Committee hereby Grant Provisional Consent for Application 2005-B-
53 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 applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the severed lands be merged in title with 545 Line 13 North 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;
4. That the applicants solicitor provide an undertaking that the severed lands
and the lands to be enhanced will merge in title;
5. That all municipal taxes be paid to the Township of Oro-Medonte; and,
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~December 15, 2005
Page 8
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10:50
Gail Raikes
Cone. 1, East Part Lot 1 (Oro)
9 Trafalgar Drive
2005-B-54
In Attendance: Peter & Anita Raikes, representing applicant
Secretary-Treasurer read letter from Joan Marycz, 7 Trafalgar Drive, dated
December 5, 2005 verbatim to the Committee members and those present
in the audience.
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby defer Consent application 2005-B-54 for the
creation of a new shoreline residential lot to allow time for the applicant to
prepare a subsurface investigation and slope stability analysis to assess the soil
conditions and the stability of the embankment and the potential of the proposed
lot to adequately support a private septic system.
.....Carried."
Committee of Adjustment-December 15, 2005
Page 9
5. Other Business
- \0
i. Adoption of minutes for the November 10, 2005 Meeting
Moved by Lynda Aiken, Seconded by Michelle Lynch
"That the minutes for the November 10th 2005 Meeting be adopted as
printed and circulated
. .. Carried."
ii. Adoption of minutes for the November 29, 2005 Special Meeting
Moved by Michelle Lynch, Seconded by Garry Potter
"That the minutes for the November 29th 2005 Special Meeting be
adopted as printed and circulated
. ..Carried."
iii. Adoption of minutes for the December 1, 2005 Special Meeting
Moved by Dave Edwards, Seconded by Michelle Lynch
"That the minutes for the December 15t 2005 Meeting be adopted as
amended to revise the meeting time from 7:00 p.m. to 5:00 p.m.
.. .Carried."
iv. Nomination and Election of Chairperson
The Secretary-Treasurer opened the floor for nominations for the position of
Chairperson for the year 2006
Moved by Garry Potter, seconded by Dave Edwards
That Lynda Aiken be nominated for the position of Chairperson.
Moved by Dave Edwards, seconded by Michelle Lynch
That the nominations for the position of chairman be closed.
The Secretary-Treasurer asked Ms. Aiken if she would stand for the position
of Chairperson and Ms. Aiken accepted.
Committee of Adjustment-December 15,2005
Page 10
6. Adiournment
\
- \J
Moved by Dave Edwards, Seconded by Lynda Aiken
"We do now adjourn at 12:25 p.m."
... Carried."
(NOTE: A tape of this meeting is available for review.)
Chairperson,
Allan Johnson
Secretary-Treasurer,
Andy Karaiskakis
Committee of Adjustment-December 15, 2005
Page 11
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-119
"Animal Control By-law"
~l
A By-law to regulate, license and control animals
within the Township of Oro-Medonte
and to Repeal By-law No. 2002-076
WHEREAS the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, L.24,
the Animals for Research Act, R.S.O. 1990, c. A.22, the Pounds Act, R.S.O. c. P.17, the
Dog Owners' Liability Act, R.S.O. 1990, c. 0.16, the Health Protection and Promotion
Act, R.S.O. 1990, c. H.7, contain provisions enabling municipalities to pass By-laws;
AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25. as amended,
defines spheres of jurisdiction under which a municipality may pass by-laws;
AND WHEREAS the spheres of jurisdiction include animals;
AND WHEREAS Section 103 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
states that if a municipality passes a by-law regulating or prohibiting with respect to the
being at large or trespassing of animals, the municipality may specify procedures and
penalties;
AND WHEREAS Section 150 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality to license, regulate and govern any business carried on within
the municipality for the purpose of Health and Safety;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems is advisable to provide for the licensing, regulating and controlling of dogs and to
provide for the removal of dog excrement on public or private property within the
Township of Oro-Medonte;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems is advisable to regulate and license establishments for the breeding and/or
boarding of dogs, within the corporate limits of the Township of Oro-Medonte;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems is advisable to provide for the regulating and prohibiting the keeping of pigeons
within the Township of Oro-Medonte;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems is advisable to exercise the authority to regulate and prohibit the keeping of
animals;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1.0 TITLE:
This by-law may be referred to as "The Animal Control By-law".
2.0 DEFINITIONS:
2.1 "Animal" means any member of the animal kingdom of living beings,
excluding humans, without limitation. "Animal" shall include mammals,
birds and reptiles.
2.2 "Animal Control Officer" includes the persons or Association who has
entered into a Contract with The Corporation of the Township of Oro-
Medonte to control animals. This includes any employee appointed by the
Corporation.
2.3 "Boarding" shall mean the taking in of dogs for a period of time for capital
gains.
2.4 "Breeding" shall mean the generating of offspring resulting in pure-bred
dogs.
2.5 "Council" means the elected Council of The Corporation of the Township
of Oro-Medonte.
2.6 "Dog" shall mean a male or female canine, over the age of twelve (12)
weeks.
2.7 "Dog Tag" means a marking device issued by The Corporation of the
Township of Oro-Medonte. or its authorized agent.
2.8 "Kennel" means any premises where dogs are boarded or are kept for the
purposes of breeding.
2.9 "License" shall mean a certificate issued by the Township of Oro-Medonte
upon compliance to this by-law permitting an owner to operate a Kennel.
2.10 "Livestock" means animals or poultry, designated as livestock and
includes cattle, fur-bearing animals, goats, horses, rabbits, sheep, swine,
fowl, ox.
2.11 "Municipality" means The Corporation of the Township of Oro-Medonte.
2.12 "ONT. SPCA" shall mean the Ontario Society for the Prevention of Cruelty
to Animals or any local branch of the Ontario Humane Society.
2.13 "Owner" includes an assessed owner, tenant, occupant or any person
having an interest whether equitable or legal in the land.
2.14 "Planner" shall mean the official or employee of the Township charged
with the duty of administering the provisions of the Zoning By-laws.
2.15 "Police Officer" means a police officer as defined by the Police Services
Act.
2.16 "Prohibited animal" shall mean birds or reptiles.
2.17 "Pure-bred" shall mean any dog that is registered or eligible for registration
with an association incorporated under the Animal Pedigree Act (Canada).
2.18 "Township" shall mean The Corporation of the Township of Oro-Medonte.
2.19 "Under Control" shall mean that when an animal is not on the property
where it is usually kept, the animal must be leased or chained, and must
be held securely by the person accompanying the animal and that person
must be physically able to control the animal.
3.0 APPENDICES:
3.1 Appendix A: Licensing, regulating and controlling dogs.
3.2 Appendix B: Regulating and licensing of kennels for breeding and
boarding dogs.
3.3 Appendix C: Regulating and prohibiting the keeping of pigeons.
3.4 Appendix 0: Regulating and prohibiting the keeping of animals.
4.0 SCHEDULES:
4.1 Schedule A: Licensing Fees
4.2 Schedule B: Application for Kennel License
5.0 OFFENCES:
5.1 Every person who contravenes any Provision of this By-law is guilty of an
offence and shall be liable to a fine in the amount to be determined
pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33, and every
such fine is recoverable under the Provincial Offences Act.
5.2 The conviction of an offender upon the breach of any provisions of this By-
law shall not operate as a bar to a prosecution against the same offender
upon any continued or subsequent breach of any provisions of the
Municipal Act. 2001, S.O. 2001, c.25, Section 442, as amended from time
to time, shall further apply to any continued or repeated breach of this By-
law.
5.3 If any court of competent jurisdiction finds that any of the provisions of this
By-law are ultra vires the jurisdiction of Council, or are invalid for a reason,
such provision shall be deemed to be severable and shall not invalidate
any of the other provisions of the By-law which shall remain in full force
and effect.
This By-law shall be enforced by the By-law Enforcement Department and/or its
Agents.
NOTE: Any person may appear before a Justice of the Peace and swear an
information charging the owner of an animal with a breach of this by-law.
6.0 REPEAL:
6.1 That By-law No. 2002-076 is hereby repealed in its entirety.
7.0 ENACTMENT:
7.1 That Appendices "A", "B", "C" and "0", and Schedules "A" and "B: attached
hereto shall form part of this By-law;
7.2 That this by-law shall expire 60 months after final passing.
7.3 This by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 21ST DAY OF DECEMBER, 2005,
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
DAY OF
,2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
Appendix "A"
to By-law No. 2005-119 for
The Corporation of the Township of Oro-Medonte
LICENSING, REGULATING AND CONTROLLING DOGS
1.0 Every owner of a dog or dogs shall. on or before the 1" day of March in each and
every year. or upon becoming the owner of a dog or dogs, register such a dog
with The Corporation of the Township of Oro-Medonte and procure a licensing
dog tag for each dog owned.
2.0 Every dog tag shall bear the serial number and the year in which it was issued
and a record shall be retained by the Township of Oro-Medonte, for the period of
time as specified in the Township's Records Retention By-law, showing the name
and address of the owner and the serial number of the tag.
3.0 The owner shali keep the dog tag securely fixed on the dog at all times and such
tag is non-transferable and shall expire and become void upon the sale, death or
other means of disposal or transfer of the dog so registered and licensed.
4.0 The fee charged for the replacement of a lost dog tag shall be as provided for in
Schedule "A" of this by-law.
4.1 Every dog tag issued pursuant to this by-law shall expire on the last day of
February, following the year in respect of which it was issued and the
license fee paid to The Corporation of the Township of Oro-Medonte at the
time of issuing of the dog tab shall be as provided for in Schedule "A" of
this by-law.
4.2 No person or persons shall keep a dog or dogs in a single dwelling unit
unless each dog has a dog tag issued pursuant to Appendix "A" of this by-
law.
4.3 No person shall. nor shall anyone household own, possess, or harbour. or
board, or license more than two (2) dogs unless the person or household
holds a valid kennel license issued pursuant to Appendix "8" of this by-
law.
5.0 No owner of a dog shall allow the dog to run at large within the limits of the
Municipality of the Township of Oro-Medonte.
5.1 For purposes of this section, a dog shall be deemed to be running at large
when found elsewhere other than on the property of the owner and not
under control of a competent and responsible person.
6.0 No owner of a dog shall allow the dog to howl or bark excessively or otherwise
become a nuisance.
7.0 SEIZURE AND IMPOUNDMENT
7.1 Subject to Section 5 of Appendix "A" of this by-law, a Police Officer or an
Animal Control Officer may:
7.1.1 Seize and impound any dog found running at large; and
7.1.2 Restore possession of the dog to the owner thereof, where:
7.1.2.1 The owner claims possession of the dog within five (5) days
(exclusive of statutory holidays and Sundays) after the date of
seizure; and
\ \.Q c,
7.1.2.2 The owner pays to the Police Officer or Animal Control Officer
a pound fee as provided for in Schedule "A" of this by-law for a
dog seized and impounded, plus any costs of the poundkeeper
chargeable to The Corporation of the Township of Oro-
Medonte. This fee shall increase as provided for in Schedule
"A" of this by-law, for each additional occurrence within a
calendar year.
7.1.2.3 No dog shall be returned to the owner unless it has been
licensed in accordance with the provisions of this by-law and
any purchaser of a dog without a dog tag shall obtain a dog tag
for the current year before delivery is made.
7.2 Where a dog is impounded. the owner, if know, and whether the dog is
claimed from the pound or not, shall be liable for the pound and
maintenance fees granted by the ONT. SPCA, and shall pay all fees on
demand to the Animal Control Officer.
7.3 Where, at the end of the said five (5) days, possession of the dog has not
been restored to the owner under Sub-section 7.1 of Appendix "A" of this
by-law, the Animal Control Officer may sell the dog for such price as
he/she deems reasonable.
7.4 Where the owner of a dog has not claimed the dog within five (5) days
after its seizure under Sub-section 7.1 of Appendix "A" of this by-law, and
the dog has not been sold, the Animal Control Officer may kill the dog in a
humane manner or otherwise dispose of the dog as he/she sees fit and no
damages or compensation shall be recovered on account of its killing or
other disposition.
7.5 Where a dog seized under Sub-section 7.1 of Appendix "A" of this by-law,
is injured or should be destroyed without delay for humane reasons of
safety to persons or animals. the Police Officer or Animal Control Officer
may kill the dog in a humane manner as soon after seizure as he/she sees
fit without permitting any person to reclaim the dog or without offering it for
sale and no damages or compensation shall be recovered on account of
its killing.
8.0 Every person who owns, controls or harbours a dog shall immediately remove
any excrement left by such dog on public or private lands within the Township of
Oro-Medonte, and shall dispose of such excrement in a sanitary manner.
9.0 Notwithstanding Section 5 of Appendix "A" of this by-law, proof that the owner is
either a blind person or an otherwise physically disabled person shall constitute a
defense to the prosecution of such an offence.
Appendix "B"
to By-law No. 2005-119 for
The Corporation of the Township of Oro-Medonte
REGULATING AND LICENSING OF KENNELS FOR BREEDING AND BOARDING
DOGS
1.0 KENNEL LICENSING
1.1 No person shall own, operate, manage, control, supervise, or have on any
property any kennel unless a license has been issued for such kennel by
the Township of Oro-Medonte.
1.2 Only the owner of the property upon which the kennel is proposed to be
located may apply for and receive a kennel license.
1.3 Every owner who applies for a license shall do so on the form prescribed
by this by-law as Schedule "B" of this by-law.
1.4 Every owner applying for a license for breeding purposes shall submit the
following documentation:
1.4.1 Copy of active membership in the Canadian Kennel Club or any
other Association incorporated under the Animal Pedigree Act
(Canada);
1.4.2 A written, up-to-date approval from the ONT. SPCA with any costs
involved borne by the applicant; to ensure compliance with this by-
law;
1.4.3 Verification of current rabies vaccination or written verification by a
veterinarian of satisfactory rabies protection for all dogs kept or to
be kept at the subject kennel for breeding purposes.
1.5 Every applicant for a kennel license for boarding purposes shall submit the
following documentation:
1.5.1 A written, up-to-date approval from the ONT. SPCA with any cost
involved borne by the applicant; to ensure compliance with this by-
law;
1.6 Every application for a license shall be approved by the Planner for the
Township, in accordance with the Township of Oro-Medonte Zoning By-
law and the Site Plan Control By-law.
1.7 All applications for a license and renewal of a license require an
inspection, by the Township of Oro-Medonte's By-law Enforcement
Department or designate, to ensure compliance with all applicable
legislative requirements.
1.8 Prior to the issuance of a license, the applicant shall pay a fee as provided
for in Schedule "A" of this by-law.
1.9 No person shall be granted a license if such person has been convicted of
an offence pertaining to animal cruelty, under the Criminal Code of
Canada.
1.10 Any owner issued a license pursuant to this by-law shall apply to the
Township of Oro-Medonte to obtain approval for proposed changes to the
information contained within Schedule "B" and Section 1.6 of Appendix "B"
of this by-law.
1.11 Every iicense issued pursuant to this by-law shall expire on the last day of
February in the year succeeding the date of issue, and every application
for renewal of a license shall be finalized on or before the same date.
\~
1.12 In the event that the owner fails to renew a license issued pursuant to this
by-law before the expiry date, the owner shall make application for a new
license.
1.13 A license issued pursuant to this by-law is non-transferrable.
2.0 MAXIMUM NUMBER OF DOGS
2.1 The maximum number of dogs permitted in anyone kennel for which a
Breeding Kennei License has been issued shall not exceed 25 dogs.
2.2 The maximum number of dogs permitted in anyone kennel for which a
Boarding Kennel License has been issued shall not exceed 50 dogs.
2.3 The maximum number of dogs permitted in anyone kennel for which a
Breeding and Boarding Kennel License has been issued shall not exceed
50 dogs.
3.0 CONFINEMENT OF DOGS
3.1 All dogs shall be confined inside the kennel structure during the hours of
11 :00 p.m. to 7:00 a.m.
4.0 REVOCATION OF LICENSE
4.1 Any kennel license application which fails to meet the minimum
requirements prescribed herein, shall be refused for reasons of non-
compliance with the provisions of this by-law. In the event that a license is
refused. the owner has the right to a hearing under the Statutory Powers
Procedures Act, R.S.O. 1990. c. S.22, as amended.
4.2 Any license issued under the provisions of this by-law may be revoked
prior to expiration for any breach of the provisions of this by-law, in which
case the owner shall have the right to a hearing under the Statutory
Powers Procedures Act, R.S.O. 1990, c. S.22. as amended.
Appendix "C"
to By-law No. 2005-119 for
The Corporation of the Township of Oro-Medonte
REGULATING AND PROHIBITING THE KEEPING OF PIGEONS
1.0 No personal shall keep or have any pigeons or racing pigeons unless such use
conforms with the zoning regulations and subject to Appendix "C" of this by-law.
2.0 Persons may be permitted to keep or have registered racing pigeons, subject to
the following conditions:
2.1 The owner shall be a member of a pigeon racing club within the Canadian
Racing Pigeon Union.
2.2 An owner must be a member in good standing of a pigeon racing club.
2.3 Racing pigeons shall have a seamless identity band registered to each
owner.
2.4 Racing pigeons must always be under control and never permitted to be a
nuisance. Flight times will be supervised.
2.5 The loft to be deemed an accessory building of standard construction, and
will require a building permit pursuant to zoning regulations to erect the
loft.
2.6 The loft position should reasonably be set on the property with due regard
to distances from dwellings.
2.7 The loft must be neat, attractive, painted inside and outside, and well
maintained hygienically.
2.8 The owner shali restrict the number of pigeons in their possession to forty
(40) or fewer provided however that during the months of April to October,
this number may be increased to provide for the raising and racing of
young pigeons hatched that year.
2.9 The racing pigeons shall be contained in the loft subject to Appendix "C" of
this by-law.
2.10 Food provided for racing pigeons shall be contained within the loft.
2.11 The club to which an owner belongs may be notified about any complaints
so that steps may be taken to rectify a legitimate problem. If the owner is
in conflict with the by-law provisions, failure to comply will deny him the
racing pigeon exemption.
3.0 INSPECTIONS:
3.1 An Animal Control Officer under this by-law:
3.1.1 Has the power to enter upon and examine any yards, vacant lots,
grounds or buildings, other than a dwelling, at any reasonable time
or times; and
3.1.2 May be accompanied by such other person or persons as they
deem necessary to properly carry out their duties under this by-law.
4.0 REMOVAL OF ANIMALS:
4.1 The Animal Control Officer and/or his/her Agents shall be authorized to
seize any animals of an owner who has contravened the provisions of this
by-law and refuses to remove the animals. Any costs or charges
associated with the seizure of such animals shall be charged against the
owner of the animals.
Appendix "D"
\ \.Q.<A.
to By-law No, 2005-119 for
The Corporation of the Township of Oro-Medonte
REGULATING AND CONTROLLING ANIMALS
1.0 No person shall keep, possess or harbour a Prohibited Animal, on any land
within the Township of Oro-Medonte.
2.0 Notwithstanding Section 1, the prohibition shall not apply to:
2.1 A veterinary hospital;
2.2 An ONT. SPCA shelter or the animal control pound which complies with
the Township of Oro-Medonte Zoning By-law;
2.3 Any animal being displayed or exhibited for a set period of time in a
municipally sanctioned event, which is operated in accordance with
Township of Oro-Medonte conditions;
2.4 A bona fide farming operation for the keeping of any cattle, horse, goat,
sheep, swine or chickens as permitted under the Township of Oro-
Medonte Zoning By-law.
Schedule" A"
to By-law No. 2005-119 for
The Corporation of the Township of Oro-Medonte
DOG LICENSING FEES
For one dog (male or female)
For one dog spayed or neutered
. Replacement dog tag
IMPOUNDMENT FEES
Pound Fee
. Pound Fee increase for each additional occurrence
within a calendar year
\
$ 20.00
$ 15.00
$ 2.00
$ 50.00
Multiples of $ 50.00
KENNEL LICENSING FEES
New License
Breeding Kennel License
Boarding Kennel License
Both Breeding and Boarding License
Renewal of License
Breeding Kennel License
Boarding Kennel License
. Both Breeding and Boarding License
$ 125.00
$ 125.00
$ 125.00
$ 80.00
$ 80.00
$ 80.00
Schedule "8" to By-law No. ,'005-119
\
\
I
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
APPLICATION FOR KENNEL LICENSE
This application is a:
New Application 0
Renewal
o
Type of License:
Pure-bred Breeding 0
Boarding
o
Breeding and Boarding
o
Name of Kennel:
Owner:
Mailing Address:
Postal Code:
Telephone Numbers
Home:
Business:
(11 more than one Registered Owner with different address, attach a separate sheet)
legal Description of Property on which Kennel is to be operated:
Roll Number:
4346-
Lot:
Concession:
Plan:
Municipal Address:
Kennel will be operated by:
o Same as registered owner; or
Name:
Address:
Postal Code:
Telephone Numbers
Home:
Business:
If Owner is a Corporation:
Name of all Shareholders
Address
% of Shares
Professional Affiliation of Owner (or Operator)
Canadian Kennel Club
Yes
o
No 0
C.K.C. No.:
Other (specify)
Personal information contained on this form is collected pursuant to The Municipal Freedom of Information and
Protection of Privacy Act, and will be used for the purpose of the issuance of a kennel license. Questions about this
collection should be directed to the Freedom of Information Coordinator, The Corporation of the Township of Ora-
Medonte, 148 Line 7 South, Box 100 Ora. Ontario LOL 2XO
"B" to By-law No.
DeCLARATION
I (we) hereby certify that I (we) have knowledge of the particulars contained in the foregoing
statement, and I (we) solemnly affirm that the same are in every respect fully and truly stated to
the best of my (our) knowledge and belief, as if made under and by virtue of the Canada
Evidence Act and I (we) solemnly affirm that I (we) have not been convicted under the Criminal
Code of Canada pertaining to animal cruelty.
Dated this the
day of
.20_
Applicant
Applicant
Boarding Kennel Applicants Only:
I, . hereby certify on behalf of
, a boarding kennel establishment,
that dogs kept on OUf premises and under our watch and care, are not being offered for sale.
Date
Signature
NOTe: Council has the ri9htto refuse any kennel application.
I OFFICE USE ONLY:
By-law Enforcement Department Inspection/Comments:
Signature
Comments:
Planning Department Comments:
Signature
Comments:
ONT. SPCA:
Inspection Received
Ves
o
No 0
Date Received
Personal information contained on this form is collected pursuant to The Municipal Freedom of Information and
Protection of Privacy Act, and will be used for the purpose of the issuance of a kennel license. Questions about this
collection should be directed to the Freedom of Information Coordinator, The Corporation of the Township of Ora-
MadonIa, 148 Line 7 South, Box 100, Oro, Ontario LOL 2XO
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-140
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Robert Victor Stinson (Barrie Drive-In Theatre)
described as lands as follows:
Part of the East y, of Lot 21 , Concession 4
Being all of PIN #58551-0073 (U)
Roll #4346-010-008-05900-0000
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. 2005-124, 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. 2005-124;
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 aulhorized 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 0" 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 21ST DAY OF DECEMBER,
2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
APPENDIX "A"
to By-Law No. 2005-140
SITE PLAN AGREEMENT
- between -
ROBERT VICTOR STINSON
(BARRIE DRIVE-IN)
- and-
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part of the East Y, of Lot 21, Concession 4
Being all of PIN #58551-0073 (Lt)
Roll #4346-010-008-05900-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
September, 2005
By-Law No. 2005-140
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
2
\
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Planninq Act.
2005, in
BETWEEN:
ROBERT VICTOR STINSON
(BARRIE DRIVE-IN)
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 a fourth
15.8 m x 7.3 m projection screen 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:
3
1. COVENANTS BY THE OWNER
\\.1; -5
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 Ministry of Transportation and Nottawasaga Valley
Conservation Authority.
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
$1,000,00. The Owner shall replenish the refundable deposit, to its full arnount,
when the expenses and actual costs 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 Perrnit. 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 perrnit a fourth 15.8 m x 7.3 rn
projection screen 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:
4
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) Liohtino
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and/or roadway, not to cause interference in any
way.
c) Parkino Areas and Drivewavs
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
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d) Outside Storaoe
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) Garbaoe Storaoe
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 corn pound shall be removed on a weekly basis.
f) Landscapino
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 all lawn areas.
g) Erosion and Siltation Control
The Owner rnust 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 Agreernent, exchange of correspondence, Mernorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5
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 "0" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred percent (100%) 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 "0" 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 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 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 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, $.0. 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.
6
8. 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 Agreernent 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 suhucontractors 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
7
) 1?L~z;;~~@;
) Owner: Robert Victor Stinson
)
)
)
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marityn Pennycook, Clerk
)
SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Robert Victor
Stinson.
LEGAL DESCRIPTION OF LANDS
Part of the East % ofLot21, Concession 4, being all of PIN #58551.0073 (Ll),
Township of Oro-Medonte, County of Simcoe, Roll #4346.010.008-05900-0000
8
SCHEDULE "B"
\
\
NOTE:
It is understood and agreed that this Schedule fomns part of the Site Plan
Agreement between the Township of Oro-Medonte and Robert Victor
Stinson.
SITE PLAN
Site Plan is not in a registerable fomn and is available from the Township of Oro-Medonte.
Drawing #051965-1
Existing Conditions prepared by Skelton Brumwel dated June
27,2005
Drawing #051965-2
Site Plan and Grading prepared by Skelton Brumwel dated June
27,2005
Drawing #051965-3
Storm Water Management and Erosion Control prepared by
Skelton Brumwel dated June 27, 2005
Drawing #051965-4
Notes and Details prepared by Skelton Brumwel dated June 27,
2005
9
SCHEDULE "e"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Robert Victor
Stinson.
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 surn of Two 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
N/A
2,0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
10
SCHEDULE "D"
,
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Robert Victor
Stinson.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Sections 1 f) and 5 herein.
$1.000.00
(refundable
deposit)
1I
\\1 ~ \
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-142
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Paige Custom Homes Inc.
described as lands as follows:
Part of Lots 14 and 15 Fronting Kempenfelt Bay and
Part Water Lots 14 and 15 Lying in Front of Lots 14 and 15, s/s Davis Street
Plan 1, Being Part 2, 51 R-32684, Together with Right-of-Way over
Part 1, 51 R-32684, Together with Right-of-Way over Parts 2, 3, 4 and 5, 51 R-15199
Being all of PIN #58554-0142 (Lt)
Roll #4346-010-006-00600-0000
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. 2005-124, 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. 2005-124;
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 0" 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 21ST DAY OF DECEMBER,
2005,
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
2005,
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
c -
APPENDIX "A"
to By-Law No. 2005-142
SITE PLAN AGREEMENT
- between -
PAIGE CUSTOM HOMES INC.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part of Lots 14 and 15 Fronting Kempenfelt Bay and
Part Water Lots 14 and 15 Lying in Front of Lots 14 and 15, s/s Davis Street
Plan 1, Being Part 2, 51 R-32684, Together with Right-of-Way over
Part 1, 51 R-32684, Together with Right-of-Way over Parts 2, 3, 4 and 5, 51 R-15199
Being all of PIN #58554-0142 (Lt)
Roll #4346-010-006-00600-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
November, 2005
By-Law No. 2005-142
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
2
t
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Planninq Act.
2005, in
BETWEEN:
PAIGE CUSTOM HOMES INC.
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 a single
farnily home 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:
3
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 Agreernent.
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 lirnited 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.
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 Agreernent, 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 repienish 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 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 Environrnent.
i) The Owner acknowledges that the lot does not front on 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 a single family home 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.
4
\\..Q c- - \j)
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) Liqhtinq
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and/or roadway, not to cause interference in any
way.
c) Parkinq Areas and Drivewavs
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
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d) Outside Storaoe
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) Garbaqe Storaoe
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) Landscaoinq
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 all 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 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 Agreernent 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
\
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 "0" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred percent (100%) 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 arnount
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 "0" 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 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 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 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,
2001,8.0.2001, c. 25, as amended.
7, CO-OPERATION
The Owner consents 10 the regislration of this Agreement by the Township, upon the title
of the subject iands, 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.
6
\
,
8. BINDING EFFECT
This Agreement, and every1hing 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 the' respective seals
under the hands of their proper officers duly authorized in tha ehalf.
SIGNED, SEALED AND DELIVERED
) Owner: Paige Cus om Homes
) Inc.
)
) David Seaman
) Has the Authority to Bind the Corporation
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
7
SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Paige Custom
Homes Inc.
LEGAL DESCRIPTION OF LANDS
Part of Lots 14 and 15 Fronting Kempenfelt Bay and Part Water Lots 14 and 15
Lying in Front of Lots 14 and 15, s/s Davis Street, Plan 1, Being Part 2, 51R-32684,
Together with Right-of-Way over Part 1, 51R-32684, Together with Right-of-Way
over Parts 2, 3, 4 and 5, 51R-15199, being all of PIN #58554-0142 (Ll), Roll #4346-
010-006-00600-0000
8
SCHEDULE "B"
l
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Paige Custom
Hornes Inc.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
Lot Grading Plan (71 Barrie Terrace) prepared by Richardson Foster Ltd. dated October,
2005.
9
~ ., " ~
SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule fomns part of the Site Plan
Agreement between the Township of Oro-Medonte and Paige Custom
Homes Inc.
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 surn of Two 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
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
10
. .
SCHEDULE "D"
\
I
t
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Paige Custom
Homes Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure cornpletion of all works required
under the terms of this Agreement. as noted
in Section 5 herein.
N/A
11
\
\
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-143
Being a By-law to remove the Holding symbol applying to lands at located at
Concession 1, Plan 1, Part Lot 14, Part Lot 15, Water Lot 14 & 15, RP 51R-32684,
Parts 3 and 5 (Oro), Township of Oro-Medonte,
(RolI# 4346-010-006-00600) (Paige Custom Homes)
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 'A 1', to Zoning By-law No. 97-95 as amended, is hereby further
amended by removing the Holding provision applying to lands, located at
Concession 1, Plan 1, Part Lot 14, Part Lot 15, Water Lot 14 & 15, RP 51 R-
32684, Parts 3 and 5 (Oro) (Roll # 4346-010-006-00600) as shown on Schedule
'A-l' 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 21ST DAY OF DECEMBER,
2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
Schedule -A-i- to
By-Law No. 2005-143
This is Schedule 'A-1' to By-Law 2005-143
passed the day of , 2005,
Mayor
~
"lS
J. Neil Craig
Clerk
Marilyn pennycook
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TOWNSHIP OF ORO-MEDONTE
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO, 2005-144
Being a By-Law to Appoint a
Chief Building Official, Chi.ef By-law Enforcement Officer
And Deputy Chief Building Official/Chief By-law Enforcement Officer
and to Repeal By-Laws No, 94-6, 2004-127, 2005-106
WHEREAS the Building Code Act, S.O. 1992, c.23, as amended provides that Councils
shall by By-law appoint such inspectors as are necessary for the purposes of the
enforcement of this Act;
AND WHEREAS the Municipal Act, S.O. 2001, c. 25. Section 224, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decisions of Council;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte does
now find it expedient to appoint a Chief Building Official, a Chief By-law Enforcement
Officer and a Deputy Chief Building Official/Chief By-law Enforcement Officer to act in
the absence of the Chief Building Official/Chief By-law Enforcement Officer;
NOW THEREFORE, the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1. That Mike Diver is hereby appointed Chief Building Official and Chief By-law
Enforcement Officer for the Township of Oro-Medonte and shall carry out the duties
and responsibilities of these positions.
2. That Kim Allen is hereby appointed Deputy Chief Building Official/Chief By-law
Enforcement Officer in the absence of a Chief Building Official/Chief By-law
Enforcement Officer and shall carry out the duties and responsibilities of the Chief
Building Official/Chief By-law Enforcement Officer in his/her absence.
3. That By-laws No. 94-6, 2004-127, 2005-106 be repealed in their entirety.
4. That this By-law shall come into force and take effect on its final passing thereof.
By-law read a first and second time this 21st day of December, 2005.
By-law read a third time and finally passed this
day of
,2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MAYOR, J. NEIL CRAIG
CLERK, MARILYN PENNYCOOK
Il
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-139
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
COUNCIL MEETING HELD ON WEDNESDAY, DECEMBER 21, 2005
THE COUNCIL 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,
December 21, 2005, 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 adopted, ratified and confirmed.
2. THAT the 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 21st DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF
DECEMBER,2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook