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HomeMy WebLinkAboutMarch 18, 2021 - Planning - Committee of AdjustmentCOMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 18, 2021 6:45 p.m. A. S. & M. Nezezon A-03/21 The March 18, 2021 Committee of Adjustment Meeting will be held virtually via Zoom and livestreamed on YouTube. The Public may watch the Committee of Adjustment meeting utilizing the Municipality of Bayham YouTube Channel: https://www.youtube.com/channel/UCpY8wmivrlzSsi0tvbqtUrg 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. APPLICATION A. Minor Variance Application A-03/21 S. & M. Nezezon THE PURPOSE of the variance is to permit the placement of a portable structure on the subject lands for the purpose of accommodating a supplementary farm dwelling, located at 56346 Tunnel Line, north side, east of Toll Gate Road. THE EFFECT of this variance will be to allow the permitted use of a supplementary farm dwelling on the subject lands. 4. STAFF PRESENTATION A. Report DS-11/21 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-03/21 Nezezon, 56346 Tunnel Line 5. PRESENTATIONS BY APPLICANT/AGENT 6. PUBLIC SUBMISSIONS 7. COMMITTEE QUESTIONS AND DISCUSSION 8. DECISION OF COMMITTEE (Motions) 9. ADJOURNMENT A-03/21 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM O>pO'runity APPLICANT: S. & M. NEZEZON, 56346 TUNNEL LINE TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-03/21). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold an electronic virtual public meeting on Thursday, March 18t", 2021 at 6:45 pm. 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 permit the placement of a portable structure on the subject lands for the purpose of accommodating a supplementary farm dwelling, located at 56346 Tunnel Line, north side, east of Toll Gate Road. THE EFFECT of this variance will be to allow the permitted use of a supplementary farm dwelling on the subject lands. 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. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. 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 by contacting the Municipal Office. DATED at the Municipality of Bayham this 5t" day of March 2021. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill(a)-bayham.on.ca SUBJECT LANDS $AYHA�? REPORT DEVELOPMENT SERVICES n 1' TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: March 18, 2021 REPORT: DS-11/21 FILE NO. C-07 / D12.NEZEZON Roll # 34-01-000-002-08300 SUBJECT: Committee of Adjustment Minor Variance A-03/21 Nezezon, 56346 Tunnel Line BACKGROUND: Steve and Michelle Nezezon have submitted a minor variance application for property known municipally as 56346 Tunnel Line, west of Toll Gate Rd Concession 3 S Pt Lot 20. The property is designated "Agriculture, Natural Gas Reservoir with a portion designated Natural Heritage on Schedule `Al' Municipality of Bayham: Land Use. Schedule `A2' Municipality of Bayham: Constraints identifies Hazard Lands and Significant Woodlands on the subject lands. The property is zoned Agricultural (Al) with northern portions of the lands identified as being located within the LPRCA Regulation Limit on Map No. 12 of the Zoning By-law Z456-2003. The purpose of the variance is to permit the placement of a portable structure (mobile trailer) on the subject lands for the purpose of accommodating a supplementary farm dwelling, located at 56346 Tunnel Line, north side, west of Toll Gate Road. The effect of this variance will be to allow the permitted use of a supplementary farm dwelling on the subject lands. DISCUSSION: The Committee of Adjustment must be satisfied that the application meets the four "tests" of Planning Act Section 45. (1) for a minor variance to the zoning by-law. The planner's memorandum dated March 3, 2021 outlines the variances required for compliance and the full analysis of the four "tests" As a condition of the minor variance, the draft Development Agreement is attached to this Report outlining the requirements for the use, placement, servicing, and occupation of the one (1) supplementary farm dwelling. The By-law to approve the Development Agreement is on the regular agenda for Council's consideration. Staff Report DS-11/21 Nezezon Page 2 As additional notes to the requirements included in the Agreement, staff advise the following that as this will be a dwelling it will need to have smoke alarms, fire extinguishers, two means of egress, if possible, maintained, the electrical hook up is professionally installed and the lane way to the mobile trailer is maintained and clear for emergency vehicle access Staff and planner concur the application meets the criteria for minor variance to permit the placement of a supplementary farm dwelling in the form of a mobile trailer. At the time of writing this report, one written public comment has been received expressing support for the proposed minor variance from neighbour Jack Vereecken. ATTACHMENTS 1. Application for Minor Variance A-03/21 Nezezon 2. Correspondence — Jack Vereecken dated March 11, 2021 3. IBI Memorandum dated March 3, 2021 4. Draft Development Agreement with Draft By-law 2021-014 RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer's report DS-11/21 regarding the Nezezon minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variances as presented meet Section 45.1(1) of the Planning Act and are considered minor; THEREFORE application A-03/21 submitted by Steve and Michelle Nezezon, pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 5.2 Permitted Uses - to permit one supplementary farm dwelling in the form of a mobile trailer with a maximum floor area of 92m2 (980 ft2) to accommodate a maximum of five (5) seasonal farm labourers at 56346 Tunnel Line Condition: Development Agreement to be executed within 60 days of the minor variance approval. Respectfully Submitted by: Margaret lJncierhill SecretarylTreasurer Committee of Adjustment File No. A- o 3/d / °#�they ti*°i APPLICATION FOR ECEIV ED MINOR VARIANCE ` 'j ?Q21 Fi ...I . , ' - Iv A I EIAAA Planning Act, R.S.O. 1990, O. Reg 200/96 as amended The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 STRAFFORDVILLE, ON NOJ 1 YO 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 Sta, Z—ezo b) Mailing Address '' 6 - rup v 1 c) Telephone No. Home: 0&0 Work: 6-72 d) Email Addressvvez @ �v�� zcc�vvL ✓� Fax No. -i 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 y0 / 0 0 0 00 C 0 0 Application No.: - U 3 File No: Date/Time of Meeting. Date Received: Fee Received: oo< j --0 Paid By: /V6 z �,Z to 5 Lim r�TL1, Deemed Complete: Receipt #: 3 t " ��3 ' Committee Decision: Cvi4 Ineebrt� - 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 2 3. 4. Names and address of any mortgages, holders and charges or other encumbrances: Name - -- Address Location of Land a) Lot and Plan or Concessl b) Street/91 I # & Name: c) Roll # 34-01- S. Nature and extent of relief applied for: sal the �e Ea �� D4,v 1 (-U NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required. 6. �W%hy�is�it�not possible to comply with the provisions of the By-law? r yi�-4- ►.G,('G� dhE?v _ f` �c.��_ .t��'h1G�t. � d Di�t?e? l 1 I ' � F+ 7. 8. Dimensions of the entire subject land affected: a) Frontage (m) b) Depth (m) c) Area (sq.m / ha) '(6 0 W Y � `1' 15 N' Particulars of all buildings and structures on or proposed for the subject Land (specify ground floor area, gro a) Existing b) Propose 24/05/2017 Minor Variance 2016 Municipality of Sayham Application for Minor Variance Page 3 9. Date of purchase of subject land: ; 00z 10. Date of construction of all buildings and structures on subject lands: J -r,�k. 11. Existing uses of the subject roe L{ , ':7 -z:., L VJ & (a( -eD 12. Length of time and existing uses to the subject property have continued: 13. Existing uses of abutting properties: a) North b) East c) South d) West 14. Services available (check appropriate space(s)) a) Method of Water Supply (if applicable) Public Water Supply System ❑ Private Individual Well Private Communal Well ❑ ❑ Other (please specify) S' 4�-e, uj i ,� b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System 17 Tile Field System i Public Sanitary Sewer System ❑ ❑ Other (please specify) l I ekr'�) 15. Present Official Plan designation: 16. Present Zoning Bylaw classification: Ir� 17. Has the owner previously applied for a minor variance in respect to the subject property? Yes ❑ No 19 If Yes, describe briefly: 18. Is the property the subject of a current application of consent / severance? Yes ❑ No 24/05/2017 Minor Variance 2016 REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME � -7 PROPERTY ADDRESS 56 3 Roll # 34 - 01 - 000 -- 00,q O3�VD Lot S Concession Registration Plan M Part Lots: Quarter of Municipality Lot N.E. ❑ N.W. ❑ S.W. ❑ S.E. L9� See Sketch Instructions on the following page. J r F RETURN THIS SKETCH WITH APPLICATION FORM - NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED ALL DIMENSIONS MUST BE IN METRIC 'k � , STATUTORY DECLARATION INVe, )e Name of Applicant(s) 0*—, mot— _ in the CeLcvdli' (City, Municipality, Town, Township) (County/bistrict/Region the 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 200196 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/We 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 Acf . DECLARED before me at the: (City, Municipality, Town, Townshi) } Signature of Applicar Yor'Authorized Agent " in theC�Yy (County / D(strict / Region) } Signature of Applikint ) this day of r "� 21 } ) ) A Commissioner, etc. ) AIAPGAPET UNIDERMILL, a Commissioner, etc. Signature of Applicant * If authorized agent, a letter of authorization from the owner of the property must accompany this application. 24/05/2017 Minor Variance 2016 \ 2 : / } 2 j } j - \ \ } / | t \ } / H } \ \ c ƒ I ° o 30 El\ { / 2 $ /i\ k§\ \\\} 2t7b CD \E o §2 ? f§ / ) er aj / \ } - � \ / � z m § N � ® . i � � c � t � � � � \ F _ � � . Jƒ \ ( \ : � ­7 7 ' rej o Ae-�lo n%�& rt-5 la.UecQ I/J), 61 I 1 / 4004 5i t� i ��Ls /c,f-vLe--<,o ems_ - RECEIVED FEB 2 5 2021 MUNICIPALITY OF BAYHAM RECEIVED MAR 1 1 2021 UNICIPAUTY Of OAYWAM nil Ar?04 )1/20 a T t M AR GARtFT UNo Rya 14 b EPb(T y C.Lc"RK 4,ANN/Al6- crt) ORbIN,4TOi4 MUtilcrPA)-JTY RAY14AM RNG c: CARDIPRvPvse MiNo2 VAR��Nc�= APPYCANT• V,4 NEFEZOA) 563 6 1 UAJtieL /-/A)G V IC A C)A)-F Al o 9' r, d I d ACA VC-RCECkE' Res rb//v C- AT 5� 1 7"f T �i�NNA JCL I-W e r N o a" 120 7. 40)q �AXIJAM CDIJcci5/on% A i orac�Y s �c POkTi �E 0r �4 rr J �- � T [-: pRoposeb Mr 'oR Vp\RlANtC -0 1 1 _ a i Ask VEP,EcC.Kcrj 2021-03-11 08:57 00595 519 874 4244 >> 519 866 3884 IBI GROUP 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 1 1 ibigroup.com Memorandum To/Attention Municipality of Bayham From Paul Riley cc William Pol, MCIP, RPP Date Project No March 3, 2021 3404 - 802 Subject S. and M. Nezezon - Application for Minor Variance to Zoning By- law Amendment Z456-2003 - 56346 Tunnel Line We have completed our review of Minor Variance application A-03/21, submitted by Steve and Michelle Nezezon for lands located at 56346 Tunnel Line. The variance is to permit the placement of a mobile trailer on the subject lands for the purpose of accommodating a supplementary farm dwelling. The subject lands are designated Agriculture and Natural Gas Reservoir on Schedule 'Al' (Municipality of Bayham: Land Use and Constraints) of the Official Plan. A portion of the subject lands is also designated Natural Heritage by Schedule 'Al'. Schedule `A2' (Municipality of Bayham: Constraints) of the Official Plan identifies Hazard Lands and Significant Woodlands on the subject lands. Map No. 12 of the Zoning By-law zones the subject lands Agricultural (Al). Northern portions of the subject lands are identified as being located within the LPRCA Regulation Limit. 2. The subject lands have lot area of 39.5 ha (98 ac), lot frontage of 428 m (1,404 ft) and lot depth of 929 m (3,047 ft). The subject lands are currently occupied by a single detached dwelling, a barn and nine (9) kiln buildings. Woodlands exist in the northern portion of the lands over 400 m north of the farm building cluster where the supplementary farm dwelling is proposed. The applicant is proposing to place a mobile trailer on the subject lands to house up to five (5) seasonal farm workers. The uses surrounding the subject lands are agricultural with various woodlands. 3. Establishment of supplementary farm dwellings will be permitted subject to the following criteria set out in Official Plan Section 2.1.10: a) Need: The applicant has demonstrated the need for the labourers based on the amount and type of crop — 12.1 ha (30 acres) of ginseng b) Existing Dwellings: There are no existing dwellings that could be utilized for labourer housing c) Location: The proposed building is within the farm building cluster and partially screened from the roadway, and there are no sensitive uses in proximity. IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies IBI GROUP MEMORANDUM Municipality of Bayham -- March 3, 2021 r4 d) Size and Type: one mobile trailer with floor area of 92 m2 (980 ft2) is proposed which is the preferred form of supplementary farm dwelling. e) Services: The supplementary dwelling will utilize the existing well water from the owners dwelling and a new septic system will be installed for the supplementary dwelling. Confirmation of adequate quantity and quality of drinking water and adequate sanitary sewage facilities (septic) is required. f) Vehicular Access: The existing laneway will be utilized and there will not be significant increase in traffic based on the amount of labourers proposed. 4 Section 45 (1) of the Planning Act outlines the four (4) "tests" with which the Committee of Adjustment must be satisfied when considering an application for a Minor Variance to the Zoning By-law, as follows: Is the variance minor in nature? Variances are required for temporary/portable supplementary farm dwellings in the Municipality of Bayham Official Plan. The proposed placement of a mobile trailer for supplementary farm dwelling to accommodate up to five (5) seasonal labourers on the subject lands to support 30 acres of ginseng production is minor in nature. /s the variance desirable for the use of the lands? The farm requires additional labour for production of crops which is common to the area. There are no sensitive uses in proximity to the proposed supplementary dwelling and the scale of the dwelling, up to five labourers, is appropriate. The use of temporary structures for the purpose of supplementary farm dwelling in an agricultural area is a desirable use of the lands. Does the variance maintain the general intent and purpose of the Zoning By- law? Agricultural uses and uses accessory to agricultural uses are permitted within the Agricultural (Al -A) zoning. The location of the existing buildings and proposed supplementary farm dwelling are in compliance to the Al zoning regulations. It is therefore our opinion that the proposed Minor Variance meets the general purpose and intent of the applicable zoning. Does the variance maintain the general intent and purpose of the Official Plan? The proposed variance meets the criteria for supplementary farm dwellings in Section 2.1.10 as outlined above. The proposed placement of a mobile trailer for supplementary farm dwelling to accommodate up to five (5) seasonal labourers on the subject lands maintains the general intent and purpose of the Official Plan. IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies IBI GROUP MEMORANDUM Municipality of Bayham — March 3, 2021 11' Based on the above review of Minor Variance application A-03/21, it is our recommendation that the proposed Minor Variance be approved to permit a maximum of one supplementary farm dwelling in the form of a mobile trailer with as supplementary farm dwelling to accommodate a maximum of five (5) seasonal farm labourers subject to the owner/applicant entering into an agreement with the Municipality for, but not limited to: Establishing the maximum of five seasonal workers accommodated at one time; Removal of the trailer building from the property no more than two (2) years after the existing farm operation has ceased; ■ That the buildings and site be maintained in accordance with the By-laws of the Municipality of Bayham; ■ Establishing the seasonal time period for the accommodations; • Ensuring sufficient on -site capacity for potable drinking water from Southwestern Public Health; Ensuring sufficient septic system capacity to the satisfaction of the Municipality; Ensuring a building permit is obtained in accordance to the Ontario Building Code. P"I IBI GROUP Paul Riley Consulting Planner to the Municipality of Bayham IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2021-014 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN STEVEN AND MICHELLE NEZEZON AND THE CORPORATION OF 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; AOD WHEREAS Steven and Michelle Nezezon are the owners of lands in Concession 3 Part Lot 20, known municipally as 56346 Tunnel Line, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Council has granted Minor Variance Application A- 03/21, including the requirement that the owners execute a development agreement for the one (1) supplementary farm dwelling as per policies of Section 2.1.10 of the Official Plan and Section 45 of the Planning Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Steven and Michelle Nezezon fixed 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 MARCH 2O21. MAYOR CLERK SCHEDULE `A' TO BY-LAW 2021-014 DEVELOPMENT AGREEMENT BETWEEN STEVEN AND MICHELLE NEZEZON AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 56346 Tunnel Line, Concession 3 S Part Lot 20 Municipality of Bayham, County of Elgin THIS DEVELOPMENT AGREEMENT made in duplicate this 181h day of March 2021. BETWEEN: STEVEN AND MICHELLE NEZEZON Hereinafter called the "OWNER" OF THE FIRST PART -AND— THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART 2 WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being South Part Lot 20 Concession 3, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Owner intends to add ONE (1) supplementary farm dwelling (mobile trailer) as a supplementary farm dwelling in accordance with the Conceptual Site Plan attached hereto, as Attachment "B" (hereafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of the location of the supplementary farm dwelling 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 ONE (1) supplementary farm dwelling (mobile trailer) to a maximum floor area of 92 m2 (980 sq. ft.) for accommodation to a maximum of five (5) seasonal farm labourers on the subject property is in general accordance with the area identified on the attached Plan. (subject to SWPH approval) 2. The Owner agrees to remove the supplementary farm dwelling no more than two (2) years after the cash crop farm operation has ceased and seasonal farm labour is no longer required. 3. The Owner agrees to restore the property to original condition and maintain the site in accordance with the By-laws of the Municipality of Bayham. 3 4. The Owner shall only permit the supplementary farm dwelling to be occupied by any persons between the time period of April 1st through to November 30th in any calendar year, being maximum eight (8) month occupancy. 5. The Owner further agrees: a) To provide written confirmation from the authorizing agency, Southwestern Public Health, and to the satisfaction of the Municipality, that there is sufficient on -site capacity for potable drinking water, and; b) To obtain a septic system permit and provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that the septic system has sufficient capacity to support the supplementary farm dwelling(s) and is operating properly, and; c) To obtain a building permit for the supplementary farm dwelling and provide written assurance that the dwelling satisfies safety and Ontario Building Code requirements 6. The Owner further agrees: a) That 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, and; b) That nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. c) The Owner shall be responsible for consulting with and obtaining any and all necessary approvals from Southwestern Public Health and providing same to the municipality. d) The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) in compliance with the Fire Code and ensure all facilities are inspected and in compliance to the satisfaction of the Municipality's Fire Chief. e) 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 supplementary farm dwelling(s) for the purposes of ensuring public health and safety; fire protection; the provision of potable water; and the proper treatment and disposal of sewage. f) 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, 4 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. g) 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. h) 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, at the expense of the Owner, which expense may be recoverable by action as municipal taxes. i) 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. j) 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. k) 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. I) 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, WO shall apply. m) 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. A copy of such registration shall be provided to the municipality upon completion. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness (signature) Steven Nezezon, Owner Witness (signature) Michelle Nezezon, Owner THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Ed Ketchabaw, Mayor Thomas Thayer, Clerk ATTACHMENT `A' Assessment Roll # 3401-000-002-08300 Legal Description: Concession 3 South Part Lot 20, Municipality of Bayham, County of Elgin Municipal Address: 56346 Tunnel Line, Municipality of Bayham PIN # ATTACHMENT `B' Site Plan