2015-060 Site Plan Control 15 Pemberton LaneThe Corporation of the Township of Oro - Medonte
By -law No. 2015 -060
A By -law to Repeal By -law No. 2010 -007
And
A By -law to authorize the execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro - Medonte and
Suzanne Caudry for the lands described as follows:
15 Pemberton Lane
PT Lot 1 Range 1 Former Township of Oro Parts 1 & 2 51 R19045;
Township of Oro - Medonte, County of Simcoe
PIN 58554 -0100 (LT)
Roll# 4346- 010- 001 -08600
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. 2009 -062, 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. 2009 -062;
And whereas Council of the Township of Oro - Medonte did on the 13th day of January
2010 enact By -Law No. 2010 - ...007, being a By -law to Authorize the Execution of a Site
Plan Control Agreement between The Corporation of the Township of Oro - Medonte and
Suzanne Caudry;
Now therefore the Council of the Township of Oro - Medonte hereby enacts as follows:
1. That By -law No. 2010 -007 be repealed in its entirety.
2. That the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A ", on lands described on the attached Schedule "A ".
3. 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.
4. That the attached Appendix "A" and Schedules "A, B, and C" shall form part of this
By -Law.
5. That this By -Law shall take effect on the final passing thereof.
By -law read a First, Second and Third time, and Passed this 1st day of April 2015.
The Corporation of the Township of Oro - Medonte
Mayor, H.S. Hughes
Depu y Clerk, Janette Teeter
SITE PLAN AGREEMENT
- between -
SUZANNE CAUDRY
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
DESCRIPTION OF LANDS
15 Pemberton Lane
PT LT 1 RANGE 1 ORO PTS 1 & 2, 51 R19045; S/T & T/W R01064107;
ORO- MEDONTE
PIN 58554 -0100 (LT)
Roll# 4346- 010 - 007 -08600
April 1, 2015
By -Law No. 2015 -060
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
Compliance
Section 6
Co- operation
Section 7
Binding Effect
Section 8
Severability of Clauses
Section 9
Save Harmless
SCHEDULES
Schedule "A" Legal Description of Lands
Schedule "B" Site Plan
Schedule "C" Securities and Cash Deposits
SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this 1 st day of April, 2015, in accordance with Section
41 of the Planning Act.
BETWEEN: SUZANNE CAUDRY
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 single detached dwelling and in- ground swimming pool on lands
described in Schedule "A ", attached hereto;
AND WHEREAS the Owner was granted minor variance approval through application
2015 -A -01 to permit development of an in- ground swimming pool with a reduced
shoreline setback, on condition that development be subject to site plan approval;
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:
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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 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
$1000.00 as listed in Schedule "C" of this agreement. 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 agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township, if applicable.
h) The Owner shall comply with all requirements contained in the Lake Simcoe
Region Conservation Authority Permit No. OP.2014.045, issued on November 19,
2014, and as described further in Section 3. g) of this Agreement.
i) The Owner acknowledges that the lot does not front on a public road, that the
Township does not or is not required to maintain or snowplow 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 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.
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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) Lighting
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) 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
all necessary approvals from the Township of Oro - Medonte.
d) Outside Storage
No outside storage shall be permitted between any buildings on the premises and
any street.
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.
D 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.
g) Lake Simcoe Region Conservation Authority
1. That the Owner shall agree to maintain the existing cobble /boulder shoreline
protection to the satisfaction of the Lake Simcoe Region Conservation
Authority.
2. That the Owner shall agree to maintain and enhance the native self- sustaining
vegetation along the shoreline for a minimum of 15 metres (approximately 6
metres beyond top of slope) to the satisfaction of the Lake Simcoe Region
Conservation Authority.
3. That the Owner shall agree to carry out or cause to be carried out the
recommendations and measures within the attached plans and reports as
approved by the Township and Lake Simcoe Region Conservation Authority.
4. That the Owner shall agree to ensure that proper erosion and sedimentation
control measures will be in place prior to any site alteration.
5. That the Owner shall agree to maintain all existing vegetation up until a
maximum of 30 days prior to any grading or construction on -site in accordance
with 4.20.b -DP of the Lake Simcoe !Protection Plan.
5.
6. That the Owner shall agree to retain a qualified professional to certify in writing
that the works were constructed in accordance with the plans, reports, and
specifications, as approved by the Township and Lake Simcoe Region
Conservation Authority.
7. That the Owner shall obtain a permit from the Lake Simcoe Region
Conservation Authority for any development or site alteration within the
regulated area under Ontario Regulation 179/06 of the Conservation
Authorities Act.
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. 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.'
6. 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.
7. 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.
8. 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.
9. 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
Name: Suzanne C70Y
The Corporation of the
Township of Oro - Medonte
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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 Suzanne Caudry
LEGAL DESCRIPTION OF LANDS
PT LT 1 RANGE 1 ORO PTS 1 & 2,51 R19045; S/T & T/W RO1064107; ORO-
MEDONTE
PIN 58554 -0100 (LT)
Roll# 4346- 010 - 007 -08600
Municipal Address: 15 Pemberton Lane
SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Suzanne Caudry.
SITE PLAN
Site Plan Drawings are not in a registerable form and are available from the Township of
Oro - Medonte. Drawings and Reports approved by the Township include the following:
1. Site Plan Drawings "Site Plan and General Notes — A0.1" (Revision 3),
"Elevations — A2.1" (Revision 3), "Elevations — A2.2" (Revision 3) prepared by
Custom CADD Inc. Revision 3 dated December 8, 2014.
2. Drawing "Waterloo Biofilter Treatment System, Model 65 Wire Mesh Baskets,
Zarum Residence for Custom CADD" prepared by Waterloo Biofilter Systems,
dated September 18, 2014.
3. Report "Slope Stability Assessment" prepared by Geospec Engineering, dated
October 28. 2014.
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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 Suzanne Caudry.
CASH DEPOSITS AND SECURITY
The Owner shall, on the dates specified herein, lodge with the Municipality the following
described cash deposits, capital levies and security:
CASH DEPOSITS /SECURITY - FOR THE MUNICIPALITY
The following cash deposits are estimates only and are to be paid to the
Municipality prior to the execution of this Agreement by the Municipality, except
where otherwise noted. In the event that the actual costs incurred by the
Municipality exceed the deposits, such excess shall be invoiced to the Owner
and be due and payable 30 days after demand:
A. Cash Deposits
For the municipality's legal, planning and engineering expenses $1000.00
TOTAL CASH DEPOSITS AND SECURITY 11000.00
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LRO # 51 Notice Receipted as SCI 202892 on 2015 04 10 at 09:04
The applicant(s) hereby applies to the Land Registrar yyyy mm dd Page 1 of 12
Properties
PIN 58554 - 0100 LT
Description PT LT 1 RANGE 1 ORO PTS 1 & 2, 51 R19045; SIT & T/W R01 064107; ORO-MEDONTE
Address 15 PEMBERTON LANE
ORO
Consideration
Consideration $ 2.00
I Applicant(s) I
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service 148 Line 7 South
Oro-Medonte, ON LOL 2E0
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation Harry. S. Hughes, Mayor and J. Douglas Irwin, Clerk.
Party To(s) Capacity Share
Name CAUDRY, SUZANNE DAWN
Address for Service 15 Pemberton Lane
Oro-Medonte ON
This document is not authorized under Power of Attorney by this party.
Statements
This notice is pursuant to Section 71 of the Land Titles Act.
This notice is for an indeterminate period
Schedule: See Schedules
Signed By
Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting for Signed 2015 04 10
Oro Station Applicant(s)
LOL 2E0
Tel 705-790-2677
Fax 7054870257
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVICES INC 168 Lakeshore Rd. W. RR#1 2015 04 10
Oro Station
LOL 2E0
Tel 705-790-2677
Fax 7054870257
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
LRO # 51 Notice
The applicant(s) hereby applies to the Land Registrar.
File Number
Applicant Client File Number: 2163
Receipted as SC1202892 on 2015 04 10 at 09:04
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