HomeMy WebLinkAboutJuly 21, 2016 - Planning - Committee of Adjustment - Murray COMMITTEE OF ADJUSTMENT AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday, July 21, 2016
6:30 p.m.
1. CALLTO ORDER
2. APPOINTMENT OF CHAIRMAN
3. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
4. APPLICATIONS
A. Minor Variance Application A08/16 Murray
Request to grant relief from Zoning By-law Z456-2003, Section 5.1 to permit one (1)
mobile home as a supplementary farm dwelling on an agricultural lot in accordance
with Section 2.1.10 of the Official Plan
5. STAFF PRESENTATION
A. Report DS-28/16 regarding Committee of Adjustment— Minor Variance —A-08/16
Murray
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
8. COMMITTEE QUESTIONS AND DISCUSSION
9. DECISION OF COMMITTEE (Motions)
10. ADJOURNMENT
voXYllitilt
NOTICE OF A PUBLIC MEETING
`I�' i�' CONCERNING A PROPOSED
MINOR VARIANCE
&I-IL
0 IN THE MUNICIPALITY OF BAYHAM
f),� i�� aty APPLICANT: MURRAY
°rtunity Ise0
TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor
Variance.
TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a
public meeting on Thursday July 21st, 2016 at 6:30 p.m. in the Municipal Council Chambers in Straffordville to
consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT.
THE PURPOSE of the variance is to grant relief from Section 5.1 — Permitted Uses in the Agricultural (A1) Zone
on a 20.2 hectare (50 acre) parcel of land located in Part Lot 23, Concession 5 on the south side of Jackson
Line, west of Owl Cage Road, and known municipally as 56829 Jackson Line.
THE EFFECT of this variance will permit one (1) mobile home as a supplementary farm dwelling on an
agricultural lot in accordance with Section 2.1.10 of the Official Plan.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in
opposition to the proposed minor variance.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to
the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Office.
DATED at the Municipality of Bayham this 8th day of July 2016.
KEY MAP
MUNICIPALITY OF BAYHAM
I Margaret Underhill
i ii _"'CKs 4 - Planning Coordinator/ Deputy Clerk
l t �! "f'f`!�, ,, '�, .f Municipality of Bayham
jN . _:,7 I: SIY .I P.O. Box 160, 9344 Plank Rd
I �: r- _, ' Straffordville, ON, NOJ 1Y0
\ ' f I f T: 519-866-5521
LOT 19 F: 519-866-3884
l_� :i Ly Y
ti , -_� �. munderhill@bayham.on.ca
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t;' , LOT 22 gyp:
NI Subject lands
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w„,s. REPORT
0 T€ DEVELOPMENT SERVICES
.Apol tunity IS�t
TO: Mayor & Members of Council
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: July 21, 2016
REPORT: DS-28/16 FILE NO. C-07 / D12.MURR
Roll # 34-01-000-003-07200
SUBJECT: Committee of Adjustment - Minor Variance—A-08116 Murray
BACKGROUND:
Wm. Dan & Carolyn Murray have submitted a minor variance application for their 20.2 hectare
(50 acres) property located on the south side of Jackson Line, west of Owl Cage Road, property
described as Concession 5 Lot 23, known municipally as 56829 Jackson Line. The property is
designated "Agricultural", "Natural Gas Reservoir" and "Natural Heritage" on Schedule Al,` Land
Use and "Significant Woodlands" on Schedule `A2' Constraints in the Official Plan and zoned
Agricultural (A1) in the Bayham Zoning By-law Z456-2003.
THE PURPOSE of the variance is to grant relief from:
• Section 5.1 — Permitted Uses in the Agricultural (A1)Zone
THE EFFECT of the variance will permit on (1) mobile home as a supplementary farm dwelling
on an agricultural lot in accordance with Section 2.1.10 of the Official Plan.
DISCUSSION:
Council must be satisfied the submitted justification meets the criteria in the Official Plan
regarding need, existing dwellings, location, size and type, services and vehicular access.
Council must also be satisfied the application meets the Planning Act four "tests".
Staff and planner concur the application meets the criteria as outlined in the planner's
memorandum attached to this report. Approval is subject to a development agreement to
address the general concerns outlined in the Official Plan. A draft agreement is attached for
Committee comment and will be considered for approval in the July 21st regular Council agenda.
Staff Report DS-28/16 Murray Page 2
ATTACHMENTS
1. Application for Minor Variance A-08/16 Murray
2. IBI Memorandum dated July 12/16
3. Draft Development Agreement
RECOMMENDATION
1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-28/16
regarding the Murray minor variance be received;
2. AND WHEREAS the Committee agrees that the proposed variance meets Section
45.1(1) of the Planning Act and this variance is considered minor;
3. THEREFORE application A-08116 submitted by Wm. Dan & Carolyn Murray,
pursuant to Section 45 of the Planning Act for minor variance, is granted to allow
relief from Municipality of Bayham Zoning By-law Z456-2003:
• Section 5.1 — Permitted Uses —to permit the placement of one (1) mobile
home as a supplementary farm dwelling on an agricultural lot identified as
56829 Jackson Line in accordance with Section 2.1.10 of the Official Plan
Condition of Minor Variance: Subject to a Development Agreement with the
Municipality of Bayham to be executed within 30 days of minor variance
approval.
Respectfully Submitted by: Reviewed by:
Marg. et Underhill Paul Shipway
Secretary/Treasurer Committee of Adjustment CAO
.4,A. HASY File No. A 0 //(.f .
°abp. 444 APPLICATION FOR r .
unity I EIV E
MINOR VARIANCE
L
1UN 3 0 201`ci
Planning Act, R.S.O. 1990, O.Reg 200/96 as amended
MUNICIPALITY RA O,'
The undersigned hereby applies to the Committee of Adjustment for the
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Rd.
STRAFFORDVILLE, ON
Telephone:519 866-5521
Fax:519 866-3884
Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application,
from By-law No. Z456-2003 (as amended) Municipality of Bayham.
Application to be accompanied by the fee of$2000.00 in cash or cheque made payable to the
Municipality of Bayham.
1. OWNER(S) (
a) Name ( ( ) iS t A-W,or � T' 11t 12r
b) Mailing Address a (17 ,.j-A-,,' c'- ) ich.)„-) • R
1
c) Telephone No. Home:6-79,_ � k_S c) Work:
d) Fax No.
2. SOLICITOR/AUTHORIZED AGENT
a) Name
b) Mailing Address
c) Telephone No. Home: Work:
d) Fax No.
Send correspondence to: ) Owner(s) Solicitor/Authorized Agent
FOR OFFICE USE ONLY / - G.O O - 0 o 3 -- 0-2 d-.c) ,;.�
Application No.: / / Date Received: Jar) SCJ// , Date of Meeting: ,/t. /
File No.:`l)/) _ j3'7,�,, Fee Received: ;;2Q)(1 `r' Committee Decision:
11/03/2015
Minor Variance 2015
Municipality of Bayham
Application for Minor Variance
Page 2
3. Names and address of any mortgages, holders and charges or other encumbrances:
Name Address
4. Location of Land
a) Lot and Plan or Concession No.: /.. 3 N 69A-G//-/A t11
b) Street/911 #& Name: � . i�� L � ,
5. Nature and extent of relief applied for: /
() /f'mei? .4?/ ATP/v7 � ���idik hie
NOTE: In the case of a Supplementary farm dwelling, a De�velopment Agreement is required.
6. Why is it not possible to comply with the provisions of the By-law?
/9/(4if"Y Vcr u, dee � c7/ event 76 a,;(6/
_.)ziy;),,e/redr7 -
7. Dimensions of the land affected:
a) Frontage(m)
b) Depth (m)
c) Area (sq.m/ha) 0. , Irk( /1046-5 .
8. Particulars of all buildings and structures on or proposed for the subject land (specify
ground floor area, gross floor area, number of storeys,width, length,ngheight, etc.)
a) Existing 74u5C C 'L4��/ ,qck_ 8mt, `s1
i
b) Proposed aid; , 7/ x (.5"
9. Date of acquisition of subject land: f 9 1
11/03/2015
Minor Variance 2015
Municipality of Bayham
Application for Minor Variance
Page 3 /
10. Date of construction of all buildings and structures on subject lands: / .
--1t1—E�cisthrg uses-of-the-subject-property:
12. Length of time and existing uses to the subject property have continued: 40 veft- S
13. Existing uses of abutting properties:
a) North . tr /L34,0
b) East _74-fe_vii
c) South
d) West P/4-0011 •
14. Services available(check appropriate space(s))
a) Method of Water Supply(if applicable)
Public Water Supply System 0 Private Individual Well 0
Private Communal Well 0
Other(please specify)
b) Method of Sanitary Waste Disposal (if applicable)
Private Septic Tank and Private Communal System 0
Tile Field System ,) Public Sanitary Sewer System 0
Other(please specify)
15. Present Official Plan designation: gavetcac- 'U,C(.
16. Present Zoning Bylaw classification: FA//Z.r i /ale(Ca Craft (4-f)
17. Has the owner previously applied for a minor variance in respect to the subject property?
a) Yes 0 No
If Yes, describe briefly:
18. Is the subject property the subject of a current application of consent/severance?
Yes 0 No l
11/03/2015
Minor Variance 2015
STATUTORY DECLARATION
I/We, 4)n : iJ y,J rnt-tg--te-4,7 of the
Name--of-Appl dan-t(s)
AtO n) , / ( i•1 in the X2-6/N d-a a/v
(Cit Munici ality, Town, Township) (County/District/Region) /
SOLEMNLY DECLARE / AFFIRM THAT to the best of my/our knowledge and belief, all of the
information, exhibits and statements provided in this application as required under Section 45
of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true;
THAT I/We shall assume responsibility for any additional costs exceeding the deposited amount
related to the said application and understand and agree that payment of said additional costs
shall be a condition of this signed application. INVe also agree to accept all costs as rendered;
AND I make this solemn Declaration conscientiously believing it to be true,, and knowing that it
is of the same force and affect as if made under oath and by virtue of the "Canada Evidence
Ace'.
DECLARED before me at the
/06/n/ d 71, &riar)7 )
(City, unici ality,Town,Township ) Signature of Applicant or Authorized Agent*
in the (,/;')iti/7 Q � ?pi ) /v �"- Si nature of Applicant
(County/ istrict/Region) ) g
this y of s., t ee-, 20/6. )
) / Signature of Appli t
)
A Corn' issioner, etc. )
MARGARET UNDERHILL,a Commissioner, edG * If authorized agent, a letter of authorization from
Deputy Clerk of the Corporation of the the owner of the property must accompany this
Municipality of Dayham. application.
11/03/2015
Minor Variance 2015
REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS
-- —
APPLICANT-NAME / +) Mu 72_ y
PROPERTY ADDRESS _.T .. , ,,..- - ' L 2- • /
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NEWS_ r .� t • .-1 0
Roll#3401 -000 00-3 0.1U(.7 000 Lot A3 Concession 1j/ /77-07-
Registration
/ /®7Registration Plan No.: Part Lots:
Quarter of Municipality Lot N.E. 0 N.W. 0 S.W. 0 S.E. 0
See Sketch Instructions on the following page.
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RETURN THIS SKETCH WITH APPLICATION FORM-
NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED
ALL DIMENSIONS MUST BE IN METRIC
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[" "'"p IBI GROUP
I B 203-350 Oxford Street West
T3 Canada
London 3
tel 4472 28 N6H 1 fax 519 472 9354
I ] ibigroup.com
Memorandum
To/Attention Municipality of Bayham Date July 12, 2016
From William Pol, MCIP, RPP Project No 3404 -627
cc file
Subject Murray-Application for Minor Variance to Zoning By-law#Z456-2003
Lot 23 Concession 5, 56829 Jackson Line
1. We have completed our review of Minor Variance application A-08/16, submitted by Wm.
Dan and Carolyn Murray for lands located at 56829 Jackson Line, east of Owl Cage Road.
The applicant is requesting a variance to Zoning By-law#Z456-2003 to accommodate the
construction of a bunk house building (supplementary farm dwelling)to accommodate eight
(8)seasonal farm labourers.A variance is required because a supplementary farm dwelling
including a mobile trailer is not a listed permitted use in the zone. The subject lands are
designated Agriculture and Hazard Lands on Schedule "Al' Land Use in the Official Plan.
Specifically, Section 2.1.10 sets out policies for Supplementary Farm Dwellings requiring a
minor variance to permit temporary accommodation for farm labourers.The lands are zoned
Agriculture (A1) and LPRCA regulation limit in Zoning By-law #Z456-2003 Map 9. The
permitted uses include all forms of agricultural use with a minimum lot area of 20 ha (50
acres).
2. The subject lands have lot area of 20.2 ha(50 acres). The applicant operates and additional
three farm properties. All the farms together are operated to grow the following area of
specific crops: 40 ha asparagus, 16 ha peppers, 12 ha cucumbers, 12 ha tobacco, 8 ha
squash, 16 ha raspberries employing approximately 80 seasonal workers. The property
includes an existing farm dwelling, garage,two pack barns and a greenhouse. The proposal
is to add a mobile trailer 76 feet by 15 feet to be used as a bunkhouse for farm labour.
Services to the property include private on site well and private tile field septic system. A
new septic system will be added to accommodate the proposed mobile home.
3, Official Plan Section 2.1.10 states that the Municipality supports the erection or placement
of additional dwellings on farm parcels where the size or nature of the farming operation
warrants additional dwellings. Such dwellings may only be permitted by a minor variance
to the Zoning By-law and may not be severed from the farm operation. Such dwellings may
be temporary dwellings in the form of a mobile home or modular home; or a permanent
dwelling in the form of a converted dwelling or bunkhouse. Farming operations shall refer
to any parcels owned, or owned in part by an applicant.The applicants are seeking approval
for one (1) new mobile trailer on the site.
4. Establishment of supplementary farm dwellings will be permitted subject to the following
criteria:
a) Need: Is there a need for such a dwelling based on the type, scale, and/or size of
the farm operation. The applicants have provided information indicating that they
require farm help for up to 80 people for the planting, managing and hand picking
of various vegetable crops as described for a total of 104 ha (257 acres) of land.
IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects
IBI GROUP MEMORANDUM 2
Municipality of Bayham—July 12,2016
b) Existing Dwellings: Is there justification for permitting the proposed new dwelling,
where existing on-site accommodations may exist. The applicants should provide
an inventory of the total number of existing and proposed supplementary farm
dwellings currently located on all of the lands operated by the Murray's farms as
other properties have already been granted approval for supplementary farm
dwellings to confirm another trailer is required on these lands. The applicant does
have additional supplementary farm dwellings. There are no accommodations on
this site and it therefore appropriate to allow development on the property.
c) Location: The location of the proposed dwelling should utilize existing services
(driveways, wells, septic systems) where feasible and be sited so as to not impact
any surrounding land uses. Our review of the conceptual sketch provided by the
applicants and the most recent aerial photographs indicates the existing cluster of
farm buildings is located near Jackson Line. The proposed mobile home location
is on the westerly edge of the farm cluster in proximity to a barn and greenhouse.
This area is suitably buffered from on-site and off-site agricultural uses, and as
indicated above would be suitably removed from the nearest off-site dwelling to
minimize any potential nuisance impacts. It is our opinion that the most suitable
location on the subject lands for supplementary farm dwellings is in proximity to the
farm buildings cluster as proposed.
d) Size and Type: The proposed dwelling must meet building code requirements for
public health and safety and should not be any larger than necessary to
accommodate the needs of the farm help residing in the dwelling. The proposed
mobile trailer is the preferred form of housing as they can be more easily removed
from the property. The Chief Building Official as well as the appropriate Health Unit
should be satisfied that the mobile homes can meet public health and safety
requirements for the total number of persons to be accommodated.
e) Services: The proponent must illustrate adequate water and sewage treatment and
disposal services for the proposed dwelling. The application indicates that an
existing well will service all dwellings and that the mobile trailer will connect to a
separate septic system located on the subject lands.
f) Vehicular Access: The proponent should illustrate how the proposed dwelling will
not contribute to any traffic-related hazards. The proposed dwellings are all located
within close proximity to the existing farm buildings and the existing driveway which
avoids the need for additional driveways resulting from the new supplementary farm
dwelling.
5. Section 45.(1) of the Planning Act outlines the four"tests"with which the Committee of
Adjustment must be satisfied with when considering an application for a minor variance to
the Zoning By-law. The following outlines our analysis of these tests:
• Is the variance minor in nature?
The variance of use is minor in nature, insomuch as dwellings are permitted
on agricultural lots, and the Municipality has stated support for additional
supplementary farm dwellings in accordance with the above criteria.
• Is the variance desirable for the use of the lands? The proposed
supplementary farm dwellings include an existing mobile home and is in
immediate proximity to the existing farm cluster which has been identified
above as the most desirable location for all additional housing to be located on
the subject lands. Provided there is no history of ongoing adverse impacts,
the variance can be deemed as a desirable use of the lands.
IBI GROUP MEMORANDUM 3
Municipality of Bayham—July 12,2016
• Does the variance maintain the general intent and purpose of the Zoning
By-law?
The Zoning By-law permits a variety of agricultural uses in the Al Zone. The
requested supplementary farm dwelling is deemed to be complementary to
agricultural uses as they would provide additional support to continue normal
farming operations; and therefore the variance would meet the intent and
purpose of the Zoning By-law.
• Does the variance maintain the general intent and purpose of the Official
Plan?
The intent and purpose of the 'Agriculture' land use designation is to
provide for all types, sizes, and intensities of agricultural uses and
normal farm practices. It is our opinion that supplementary farm
dwellings maintain the intent of the 'Agriculture' land use designation.
With respect to the aforementioned 'Natural Hazard' constraint, the
Long Point Region Conservation Authority should be consulted to
ensure there are no issues with the location of the future mobile home.
6. Based on our review, we have no objection to the proposed variance to the Zoning By-law
as requested subject to an agreement to address general concerns outlined herein. Section
2.1.10.2 states that the Municipality may enter into an agreement with the applicant relating
to such matters as location, maintenance, buffering, removal, and period of occupancy of
any dwellings, as well as any other matters deemed appropriate to ensure that the dwelling
is used for its intended purpose of providing housing for farm help.
7. Based on our review we would have no objection to the requested minor variance to permit
a supplementary farm dwelling in a mobile home for a maximum of 8 seasonal farm
labourers on the property where the following conditions have been fulfilled:
i. The owner enter into an agreement with the Municipality for the removal
of the mobile trailer building from the property no more than 6 months
after the existing vegetable, tobacco and cash crop farm operation has
ceased and that the buildings and site be maintained in accordance with
the By-laws of the Municipality of Bayham.
ii. The owner provide written confirmation from the authorizing agency, to
the satisfaction of the Municipality, that there is sufficient on site capacity
for potable drinking water and a septic system for the existing dwelling
and proposed mobile home.
William Pol
IBI GROUP
William Pol, MCIP, RPP
Affiliate IBI Group
Consulting Planner to the
Municipality of Bayham
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2016-064
A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT
AGREEMENT BETWEEN
WM. DAN &CAROLYN MURRAY 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 Wm. Dan&Carolyn Murray are the owners of lands in Lot 23 Concession 5, known municipally as
56829 Jackson 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-08/16, including the condition that the owners execute a development agreement for the supplementary farm
dwelling as per policies of Section 2.1.10 the Official Plan;
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 Wm.
Dan & Carolyn Murray 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 21st DAY OF JULY 2016.
MAYOR CLERK
1
SCHEDULE 'A' TO BY-LAW 2016-064
DEVELOPMENT AGREEMENT BETWEEN
WM. DAN & CAROLYN MURRAY
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
FOR LANDS LOCATED AT
56829 Jackson Line, Lot 23, Concession 5
Municipality of Bayham
2
THIS AGREEMENT made in duplicate this 21st day of July 2016.
BETWEEN:
WM. DAN & CAROLYN MURRAY
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 is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County
of Elgin being Lot 23, Concession 5, more particularly described in Attachment"A"attached hereto (and hereafter
referred to as the "Lands");
AND WHEREAS the Owner intends to locate one (1) mobile home in accordance with the Conceptual Site Plan
attached hereto, as Attachment "B" (and hereafter referred to as the "Plan");
AND WHEREAS the Municipality, as a condition of the location of a mobile home on the Lands requires the Owner
to enter into a Development Agreement;
NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars($2.00)
of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner
hereby covenants and agrees with the Municipality as follows:
1. The Owner agrees that the one(1) mobile home shall be located on the Lands in general accordance with
the area identified on the Plan.
2. The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire
Chief, may, from time to time, and at any time, enter on the premises of the Owner to inspect the mobile
home for the purposes of ensuring public health and safety, in specific regards to condition of the mobile
home; fire protection; the provision of potable water; and the proper treatment and disposal of sewage.
3. The Owner shall remove the mobile home from the Lands if the building ceases to be used for the purpose
of housing supplementary farm labour for a period longer than two (2) calendar years;
4. The Owner shall not permit the mobile home on the Lands to be occupied by any persons between the
period of December 1st and March 31st of any calendar year.
5. The Owner further agrees that:
3
a) all necessary provisions for service connections on site will be made to the satisfaction of the
Municipality;
b) upon failure by the Owner to do any act identified herein, that the public safety or convenience
requires, in accordance with this Agreement, upon seven(7)days written notice,the Municipality, in
addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost
in like manner either as municipal taxes or from the Letter of Credit deposited as performance
security;
c) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the
Municipality or any other law.
6. The Owner shall be responsible for consulting with and obtaining any necessary approval from the Elgin St.
Thomas Public Health and the Ministry of Transportation, if applicable.
7. 'The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the
satisfaction of the Municipality's Fire Chief.
8. In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the
state of maintenance is not satisfactory, such servant, officer or agent shall forthwith,forward notice of such
opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct
the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided.
9. In the event that the Owner should disagree with the opinion of the servant, officer or agent of the
Municipality, as to the state of maintenance,such Owner shall appear before the Council of the Municipality
of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is
satisfactory, by resolution, which shall constitute a final determination of the matter.
10. In the event that an Owner shall fail to correct a deviation or deficiency after notice or after notice of an
opinion, which the Council of the Municipality of Bayham determines is correct, the Council of the
Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner,
after two (2)week's notice,to it by registered mail, at the last known address of the Owner, pursuant to the
last revised assessment roll of passage of such By-Law, that such matter or thing be done by the
Municipality, at the expense of the Owner, which expense may be recoverable by action as municipal
taxes.
11. This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in
the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully
perform any of its obligations under this Agreement or any negligence of the Owner in its performance of
the said obligations.
12. The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law
or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement
and to enforce each and every term, covenant and condition herein contained and this Agreement may be
pleaded as an estoppels against the Owner in any case.
4
13. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save
harmless and indemnify the Municipality, from all losses, damages, costs, charges and expenses which
may be claimed or recovered against the Municipality by any person or persons arising either directly or
indirectly as a result of any action taken by the Owner, pursuant to this Agreement.
14. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its
sole risk and expense to the satisfaction of the Municipality and in accordance with the standards
determined by the Municipality and in default thereof, and without limiting other remedies available to the
Municipality, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply.
15. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and
the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions
against the Owner, named herein, and any and all subsequent Owners of the land.
IN WITNESS WHEREOF,the Parties hereto have hereupon, affixed their Corporate Seal,duly attested to by their
authorized signing officers in that behalf.
Wm. Dan Murray Witness (signature)
Carolyn Murray Witness (signature)
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
MAYOR CLERK
1
ATTACHMENT 'A'
Roll # 3401-000-003-07200
Legal Description: Concession 5, Lot 23, Municipality of Bayham,
County of Elgin
Municipal Address: 56829 Jackson Line
PIN#
2
ATTACHMENT `B'
Conceptual Site Plan
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1
DEVELOPMENT AGREEMENT BETWEEN
WM. DAN & CAROLYN MURRAY
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
FOR LANDS LOCATED AT
56829 Jackson Line, Lot 23, Concession 5
Municipality of Bayham
2
THIS AGREEMENT made in duplicate this 21st day of July 2016.
BETWEEN:
WM. DAN & CAROLYN MURRAY
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 is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County
of Elgin being Lot 23, Concession 5, more particularly described in Attachment"A"attached hereto (and hereafter
referred to as the "Lands");
AND WHEREAS the Owner intends to locate one (1) mobile home in accordance with the Conceptual Site Plan
attached hereto, as Attachment "B" (and hereafter referred to as the "Plan");
AND WHEREAS the Municipality, as a condition of the location of a mobile home on the Lands requires the Owner
to enter into a Development Agreement;
NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars($2.00)
of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner
hereby covenants and agrees with the Municipality as follows:
1. The Owner agrees that the one (1) mobile home shall be located on the Lands in general accordance with
the area identified on the Plan.
2. The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire
Chief, may, from time to time, and at any time, enter on the premises of the Owner to inspect the mobile
home for the purposes of ensuring public health and safety, in specific regards to condition of the mobile
home; fire protection; the provision of potable water; and the proper treatment and disposal of sewage.
3. The Owner shall remove the mobile home from the Lands if the building ceases to be used for the purpose
of housing supplementary farm labour for a period longer than two (2) calendar years;
4. The Owner shall not permit the mobile home on the Lands to be occupied by any persons between the
period of December 1st and March 31st of any calendar year.
5. The Owner further agrees that:
3
a) all necessary provisions for service connections on site will be made to the satisfaction of the
Municipality;
b) upon failure by the Owner to do any act identified herein, that the public safety or convenience
requires, in accordance with this Agreement, upon seven(7)days written notice,the Municipality, in
addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost
in like manner either as municipal taxes or from the Letter of Credit deposited as performance
security;
c) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the
Municipality or any other law.
6. The Owner shall be responsible for consulting with and obtaining any necessary approval from the Elgin St.
Thomas Public Health and the Ministry of Transportation, if applicable.
7. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the
satisfaction of the Municipality's Fire Chief.
8. In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the
state of maintenance is not satisfactory, such servant, officer or agent shall forthwith,forward notice of such
opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct
the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided.
9. In the event that the Owner should disagree with the opinion of the servant, officer or agent of the
Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipality
of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is
satisfactory, by resolution, which shall constitute a final determination of the matter.
10. In the event that an Owner shall fail to correct a deviation or deficiency after notice or after notice of an
opinion, which the Council of the Municipality of Bayham determines is correct, the Council of the
Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner,
after two (2)week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the
last revised assessment roll of passage of such By-Law, that such matter or thing be done by the
Municipality, at the expense of the Owner, which expense may be recoverable by action as municipal
taxes.
11. This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in
the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully
perform any of its obligations under this Agreement or any negligence of the Owner in its performance of
the said obligations.
12. The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law
or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement
and to enforce each and every term, covenant and condition herein contained and this Agreement may be
pleaded as an estoppels against the Owner in any case.
4
13. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save
harmless and indemnify the Municipality, from all losses, damages, costs, charges and expenses which
may be claimed or recovered against the Municipality by any person or persons arising either directly or
indirectly as a result of any action taken by the Owner, pursuant to this Agreement.
14. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its
sole risk and expense to the satisfaction of the Municipality and in accordance with the standards
determined by the Municipality and in default thereof, and without limiting other remedies available to the
Municipality, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply.
15. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and
the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions
against the Owner, named herein, and any and all subsequent Owners of the land.
IN WITNESS WHEREOF,the Parties hereto have hereupon, affixed their Corporate Seal,duly attested to by their
authorized signing officers in that behalf.
Wm. Dan Murray Witness (signature)
Carolyn Murray Witness (signature)
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
MAYOR CLERK
1
ATTACHMENT 'A'
Roll # 3401-000-003-07200
Legal Description: Concession 5, Lot 23, Municipality of Bayham,
County of Elgin
Municipal Address: 56829 Jackson Line
PIN#
2
ATTACHMENT `B'
Conceptual Site Plan
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Registration Plan No.: Part Lots:
Quarter of Municipality Lot N.E. 0 N.W. 0 S.W. 0 S.E. ❑
See Sketch Instructions on the following page.
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RETURN THIS SKETCH WITH APPLICATION FORM-
NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED
ALL DIMENSIONS MUST BE IN METRIC