HomeMy WebLinkAboutBy-law No. 2013-046 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2013-046
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT BETWEEN
GERHARD AND MARIA DYCK 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 Gerhard and Maria Dyck are the owners of lands in Lot 109, Concession 7,
known municipally as 53363 Talbot 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-04/13, including the condition that the owners execute a development
agreement for the supplementary farm 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 Gerhard and Maria Dyck 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 16th
DAY OF u Y 2013.
*A-s\(Y) DV-a
MAYOR CLERK
Dyck Agreement
SCHEDULE 'A'
THIS DEVELOPMENT AGREEMENT made in duplicate this 16th day of May 2013.
BETWEEN :
GERHARD AND MARIA DYCK
of the Municipality of Bayham, in the County of Elgin,
Hereinafter called the "Owner"
OF THE FIRST PART
- and -
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Hereinafter called the "Municipality"
OF THE SECOND PART
WHEREAS the Owner(s)represent that they are the registered Owner(s) of the lands and premises
in Lot 109 Concession 7, 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-04/13 requesting relief from Section 5.1
Permitted uses in the Agricultural (Al) Zone in Zoning By-law Z456-2003, was granted on May
16, 2013 by the Committee of Adjustment subject to a development agreement;
AND WHEREAS the Owner(s) are desirous of developing the said Lands conditional upon (inter
alia) the entering into of a development agreement dealing with the supplementary farm dwelling
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
Owner(s), the receipt and sufficiency whereof is hereby acknowledged,the Owner(s) 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
Dyck Agreement
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
Zoning
3. The Zoning designation being Agricultural (Al) on the said lands and minor variance
approval through application A-04/13 permits the supplementary farm dwelling.
Access
4. Access to the subject lands exist and are shown on the Attachment"B".
Indemnification
5. The Owner(s) 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
6. Entry into this Agreement with the Owner(s) 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.
7. The Owner(s)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 Owner(s) from any applicable statute,
regulation, or code of any legislative, administrative, or governmental authority, and the
Owner(s) shall obtain and pay for all permits.
Notice to Subsequent Owner(s)
8. The Owner(s) 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 Owner(s) shall not make any claims
whatsoever against the Municipality or any other land Owner(s) of any lands for a
contribution or reimbursement in any way for any monies expended by the Owner(s) to
effect the works.
Dyck Agreement
Registration
9. This Agreement shall be registered on title to the Lands, by the Owner(s)(s), at the
Owner(s)(s) expense. The Owner(s) shall cause a duplicate registered copy be provided to
the Municipality for their records.
Binding
10. The covenants, agreements, conditions and undertakings herein contained on the part of the
Owner(s) shall run with the Land and shall be binding upon the Owner(s) and upon the
Owner(s)' heirs, executors, administrators, successors and assigns, as Owner(s) and
occupiers of the Land from time to time and shall be appurtenant to the adjoining highways
in the Owner(s)hip 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
11. 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
12. The supplementary farm dwelling will abide by the following specifications:
a) The supplementary farm dwelling will only be situated as shown in Attachment"B"
b) The floor area of the supplementary farm dwelling will not be greater than 92 m2;
c) A maximum of ten seasonal employees may be accommodated during the seasonal
vegetable farming/processing operation;
d) The supplementary farm dwelling may only be used during the vegetable
farming/processing operation season April—October and is not to be used for full-time
residency.
e) The supplementary farm dwelling shall be serviced with potable water and private
sanitary sewage disposal system to the satisfaction of the Municipality and/or local
Health Unit;
f) Vehicular access to the supplementary farm dwelling will be via the existing driveway.
Removal of Supplementary Farm Dwelling
14. The Owner(s) agree that the supplementary farm dwelling shall be removed:
a) at the cessation of occupancy of more than two (2) years;
Dyck Agreement
b) at the cessation of the owner's vegetable farming/processing operations of more
than two (2) years
c) upon any attempt at permanent residency, whereby the owner will be notified that
this agreement is null and void requiring the removal of the supplementary dwelling
immediately.
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 Owner(s) 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 beh. ,..
0
SIGNED, SEALED AND DELIVERED ) r--;
) erhard i yck, ►.wrier
in lepr- -`'ceof )
/ )
41111170. " if
JA_ tiriti ) 41.4.4m.
Wo-t :s ) Maria Dyck, Owner Lytle_
)
) THE CORPORATION OF THE
) MUNICIPALIT +F BAYH
) ,F J
) Per: / A..d _
) Pau Ens, Mayor
) Per: 4.._ 3�It
) Lynda Millard, Clerk
)
) \-1r,01._ '6/ 13
Date
Dyck Agreement
Attachment"A"
DESCRIPTION OF LANDS
Lands are more particularly described as:
Assessment Roll#34-01-000-007-04600
Municipal Address: 53363 Talbot Line
Legal Description: Concession 7 NTR Part Lot 109 RP 11R5850 Part 1, Municipality of
Bayham, County of Elgin
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