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
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RECEIVED
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MAR 1 1 2021
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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