HomeMy WebLinkAboutBy-law No. 2022-009THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-009
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
TEMPORARY USE AND REMOVAL AGREEMENT BETWEEN
ARIE AND CHRISTINA SCHEP AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law Z456-2003, provides that as
a temporary use, a residence located on the subject property in the existing barn may remain in
place and be occupied while a new house is constructed on the subject property.
AND WHEREAS the Property Owner has applied for a Temporary Residence Permit and a
Septic Permit for use during the construction of a new home at 14077 Bayham Drive, legally
described as Concession 10 Pt Lot 21 RP 11 R10370 Part 2;
AND WHEREAS the Property Owner wishes to enter into an Agreement with the Municipality of
Bayham for the temporary residence at the premises.
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
Temporary Use and Removal Agreement with Arie and Christina Schep attached hereto
and forming part of this By-law and marked as Schedule "A".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF
FEBRUARY 2022.
MAYOR CLER
BETWEEN:
SCHEDULE "A" TO BY-LAW 2022-009
THIS TEMPORARY USE AND REMOVAL AGREEMENT
DATED THE 17th DAY OF FEBRUARY 2022
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(Hereinafter called the "Municipality")
-and-
ARIE AND CHRISTINA SCHEP
(Hereinafter called the "Property Owner")
WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law Z456-2003 (hereinafter
referred to as the "By-law"), provides that as a temporary use, a residence in an existing barn
located on the subject property may remain in place and be occupied while a new house is
constructed on the subject property.
AND WHEREAS the Property Owner has applied for a Temporary Residence Permit and a
Septic Permit for use during the construction of a new home at 14077 Bayham Drive, legally
described as Concession 10 Pt Lot 21 RP 11 R10370 Part 2.
AND WHEREAS the Property Owner has submitted herewith, a security deposit in the amount
of $10,000.00 (Ten Thousand Dollars and Zero Cents) to the Corporation of the Municipality of
Bayham.
AND IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties hereto as
follows:
The Owner shall apply for a building permit within three (3) months of the date of
the passing of this By-law.
?. The Owner agrees that the construction of the new residence shall be completed
within two (2) years of the passing of this By-law.
The Owner agrees that the existing residence in the barn being used as a
temporary residence during construction shall be removed from the property
within two (2) years of the passing of this By-law or within six (6) months of
occupancy of the new residence, whichever date comes first.
The required $10,000.00 security deposit shall be paid by the property owner to
the Municipality of Bayham in the form of a bank cheque or a certified Letter of
Credit and the security deposit will be refunded after the temporary residence is
completely removed to the satisfaction of the Municipality of Bayham.
`} Failure to comply with this agreement will result in the Municipality of Bayham
using the security deposit funds to remove the existing residence.
5 Any further costs for this demolition incurred by the Municipality will be added to
the property taxes of the subject property.
By-law No. 2022-009 Schep
IN WITNESS WHEREOF the parties have executed this Agreement as at the date first stated
above.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE
j MUNICIPALITY OF BAYHAM
} Ed etd� a, Mayor
}
o _ yef Cle
Witness ) Arie chep, Owner
Witness ) hr sting Schep, Owner