HomeMy WebLinkAboutBy-law No. 2011-070 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2011 -070
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT BETWEEN
B & S CREVITS FARMS LTD.AND THE
MUNICIPALITY OF BAYHAM
WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended
provides that a lower tier municipality may pass by-laws respecting structures, including
fences and signs;
AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended
provides in part that a Committee of Adjustment that imposes terms and conditions under
subsection (9), may also require the owner of the land to enter into one or more
agreements with the municipality dealing with some or all of the terms and conditions;
AND WHEREAS B & S Crevits Farms Ltd. is the owner of lands in Lot 26, Concession 3,
known municipally as 57575 Light Line in the Municipality of Bayham, County of Elgin;
AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted the
minor variance Application A-05111, including the condition that the owners execute a
development agreement for the second supplementary fann dwelling;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute
the Agreement with B & S Crevits Farms Ltd. affixed hereto and forming part of
this By-law and marked as Schedule"A".
READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th
DAY OF AUGUST 2011.
j,°11
M• OR C(LERK
SCHEDULE'A'
THIS DEVELOPMENT AGREEMENT made in duplicate this I $ day of et, 2011.
BETWEEN :
B & S CREVITS FARMS LTD. (BRIAN and SUSAN CREVITS),
of the Municipality of Bayham, in the County of Elgin,
Hereinafter called the "Owners"
OF THE FIRST PART
• and •
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Hereinafter called the "Municipality"
OF THE SECOND PART
WHEREAS the Owners represent that they are the registered Owners of the lands and premises in Lot
26 Concession 3, in the Municipality of Bayham, in the County of Elgin, being more particularly
described in Attachment"A" attached hereto (hereinafter called the "said Lands");
AND WHEREAS a minor variance application A-05111 requesting relief from Section 29.1 Permitted
uses, site specific zoning by-law amendments for defined time periods in Zoning By-law Z456-2003,
was granted on August 5, 2011 by the Committee of Adjustment subject to a development agreement;
AND WHEREAS the Owners are desirous of developing the said Lands conditional upon (inter alia)
the entering into of a development agreement dealing with the second supplementary farm dwelling
within an existing barn as more particularly set out on a plot plan marked as Attachment "B" attached
hereto;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TWO
DOLLARS ($2.00) of lawful money of Canada now paid by the Municipality to the Owners, the
receipt and sufficiency whereof is hereby acknowledged, the Owners covenant and agree with the
Municipality to do and perform at their own expense the following matters and things:
Municipal Engineer
1. Wherever the phrase "Municipal Engineer" is used throughout this Agreement, it shall mean the
Municipality's Chief Building Official or the Municipality's Manager of Public Works or such
other person as the Council of the Municipality may from time to time appoint to deal with the
administration of this Agreement.
List of Attachments
2. The following Attachments are hereby declared to form part of the Agreement between the
parties:
Attachment Description
"A" Legal description of the said Lands.
"B" Site Plan.showing the location of all buildings and structures,the sanitary sewage
disposal system, and potable water supply
Zcli gin
3. The Zoning designation being Agricultural (Al-A)on the said lands and minor variance
approval through application A-05/11 permits the second supplementary farm dwelling in the
existing Barn 2.
Access
4. Access to the subject lands exist and are shown on the Attachment"B".
As-Constructed Drawings
5. The Owners shall provide to the satisfaction of the Municipality and for the Municipal records,
"as-constructed"drawings of the proposed potable water supply and private sanitary sewage
system to be installed for the second supplementary farm dwelling located within an existing
barn structure.
Indemnification
6. The Owners shall indemnify and save harmless the Municipality against all losses,damages,
claims, actions, demands, suits, costs and interest incurred which arise directly or indirectly
from anything done in connection with this Agreement,whether in performance of, outside of
or contrary to this Agreement.
Other
7. Entry into this Agreement with the Owners shall in no way fetter legislative or administrative
discretion of the Municipality or of any of its officers or staff with regard to the approval or
administration of any matters in connection with any development on the said Lands.
8. The Owners understand and agree that there shall be no work performed except in conformity
with all applicable by-laws and Provincial and Federal legislation and regulations, and this
Agreement does not exempt the Owners from any applicable statute,regulation, or code of any
legislative, administrative,or governmental authority, and the Owners shall obtain and pay for
all permits.
Notice to Subsequent Owners
9. The Owners agree that any payments made or works installed pursuant to this agreement shall
not be deemed to be development charges of any sort whether under the provisions of the
Development Charges Act or a by-law thereunder, or pursuant to any front-ending provisions of
that Act. It is further agreed that the Owners shall not make any claims whatsoever against the
Municipality or any other land Owners of any lands for a contribution or reimbursement in any
way for any monies expended by the Owners to effect the works.
Crevits Agreement - 3 -
Registration
10. This Agreement shall be registered on title to the Lands,by the Owners(s), at the Owners(s)
expense. The Owners shall cause a duplicate registered copy be provided to the Municipality
for their records.
Binding
11. The covenants, agreements, conditions and undertakings herein contained on the part of the
Owners shall run with the Land and shall be binding upon the Owners and upon the Owners'
heirs, executors, administrators, successors and assigns, as Owners and occupiers of the Land
from time to time and shall be appurtenant to the adjoining highways in the Ownership of the
Municipality and this Agreement shall enure to the benefit of and be binding upon the
appropriate authority and its successors and assigns.
Assignment
12. Neither party is permitted to assign rights and obligations under the Agreement without the
permission from the other,which shall not be unreasonably withheld.
Specifications
13. The second supplementary farm dwelling will abide by the following specifications:
a) The second supplementary farm dwelling will only be situated within the existing barn
2, as shown in Attachment"B".
b) The floor area of the second supplementary farm dwelling will not be greater than 167
m2;
c) A maximum of eight seasonal employees may be accommodated during the seasonal on-
site vegetable farnling/processing operation;
d) The second supplementary farm dwelling may only be used during the vegetable
farming/processing operation season.
e) The second supplementary farm dwelling shall be serviced with potable water and
private sanitary sewage disposal system to the satisfaction of the Municipality and/or
Health Unit;
fj Vehicular access to the second supplementary farm dwelling will be via the existing
driveway.
Removal of Second Supplementary Farm Dwelling
14. The Owners agree that the second supplementary farm dwelling shall be removed:
a) at the cessation of occupancy of more than two(2)years;
b) cessation of the owner's vegetable farming/processing operations of more than two (2)
years
Crevits Agreement -4 -
Separate Covenants
15. All of the provisions of this Agreement are intended to be construed as covenants and
agreements as though the words importing such covenants and agreements were used in each
separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not
enforceable, it shall be considered separate and severable from the Agreement and its remaining
provisions as though the unlawful or unenforceable provision had not been included.
Municipality's Expense
16. The Owners shall reimburse the Municipality for expenses incurred in the preparation of the
Development Agreement by the payment upon receipt of invoiced costs.
IN WITNESS WHEREOF the Parties have hereunto affixed their signatures and corporate seal attested
to by the hands of their proper officers, duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
) Brian Crevits, Owner
)
W.4 es: ) Crevits, Owner
)
)
)
)
THE CORPORATION OF THE
) MUNICIPALITY I F BAYHAM
) ilfedf4
) Per:
) Par Ens,Mayor
)
) Per: dde,dsa
) La Millard, Clerk
)
)
# s g, „ /!
Date
Crevits Agreement - 5 -
Attachment"A"
DESCRIPTION OF LANDS
Lands are more particularly described as:
Assessment Roll#34-01-000-002-10900
Municipal Address: 57575 Light Line
Legal Description: Concession 3 South Part Lot 26,Municipality of Bayham, County of Elgin
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LRO#11 Notice Receipted as CT73378 on 2011 09 16 at 12:35
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 8
Properties
•
PIN 35331 -0240 LT
Description NW1I4 LT 26 CON 3 BAYHAM;NE1/4 LT 26 CON 3 BAYHAM:PT RDAL BTN LT 25 AND
26 CON 3 BAYHAM CLOSED BY E355423 AS iN E365095;BAYHAM
Address 57575 LIGHT LINE
VIENNA .
Consideration
Consideration $0.00
Applicant(s)
The notice is based on or affects a valid and existing estate,right,interest or equity in land
Name B&S CREVITS FARMS LTD.
Address for Service 57575 Light Line,
Vienna,ON NOJ 1Z0
I,Brian Crevits,President,have the'authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Party To(s) Capacity Share
Name THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Address for Service 9344 Plank Rd.,Straffordville,ON NOJ 1Y0
I,Pau!Ens,Mayor and I,Lynda Millard,Clerk,have the authority to bind the corporation
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
James Raymond Morgan 65 Bidwell St. acting for Signed 2011 09 16
Tillsonburg Applicant(s)
N4G 3T8
Tel 5198424228
Fax 5198427659
I have the authority to sign and register the document on behalf of the Applicant(s).
•
ISubmitted By
MANDRYK,STEWART&MORGAN 65 Bidwell St. 2011 09 16
PROFESSIONAL CORPORATION Tillsonburg
N4G 3T8
Tel 5198424228
Fax 5198427659
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
LRO#11 Notice Receipted as CT73378 on 2011 09 16 at 12:35
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 2 of 8
File Number
Applicant Client File Number: 7132