HomeMy WebLinkAboutBy-law No. 2022-041THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-041
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT BETWEEN
RUDOLPH AND NANCY THIESSEN 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;
AND WHEREAS Rudolph and Nancy Thiessen are the owners of lands in Concession 3 Part Lot
2, known municipally as 53580 Vienna Line, in the Municipality of Bayham, County of Elgin;
AND WHEREAS the Municipality of Bayham Council has approved the Zoning By-law Z745-2022
Application ZBA-14/22, subject to the owners execute a development agreement for the additional
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:
THAT the Mayor and Clerk be and are hereby authorized and directed to execute the
Development Agreement with Rudolph and Nancy Thiessen 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 2°d DAY OF JUNE
2022.
MAYOR C L
SCHEDULE `A' TO BY-LAW 2022-041
DEVELOPMENT AGREEMENT BETWEEN
RUDOLPH AND NANCY THIESSEN
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
FOR LANDS LOCATED AT
53580 Vienna Line, Concession 3 Lot 2
Municipality of Bayham, County of Elgin
Development Agreement — Thiessen
THIS DEVELOPMENT AGREEMENT made in duplicate this 2nd day of June 2022.
BETWEEN:
RUDOLPH AND NANCY THIESSEN
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 2 Concession 3, more particularly described in Attachment "A"
attached hereto (and hereafter referred to as the "Lands");
AND WHEREAS the Owner intends to locate one (1) additional supplementary farm dwelling
(mobile home with a semi -permanent addition) 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:
The Owner agrees that one (1) temporary mobile home building with a semi -permanent
addition with floor area of 82.5 m2 (888 ft2) to accommodate up to six (6) seasonal farm
labourers shall be placed in addition to the existing permanent supplementary farm dwelling
(bunkhouse) with maximum floor area of 167 m2 (1,797 ft2) housing maximum sixteen (16)
seasonal farm labourers approved previously by way of Minor Variance Application A-01 /18
granted February 15, 2018 for a total supplementary farm dwelling floor area of 250 m2
(2,691 ft2) on the lands in general accordance with the area identified on the attached Plan.
2. The Owner shall remove the temporary mobile home from the property should it cease to be
used for the purpose of housing supplementary farm labour for a period longer than two (2)
calendar years after the existing bona fide cucumbers and asparagus cash crop farm
Development Agreement — Thiessen
operation has ceased and the Owner shall maintain the site in accordance with the By-laws
of the Municipality of Bayham;
3. The Owner shall only permit the temporary mobile home and the permanent bunkhouse,
both deemed as supplementary farm dwellings on the Lands, to be occupied by any
persons between the period of April 1st and November 3011 of any calendar year.
4. The Owner further agrees:
a) To 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;
b) To apply to the Municipality for the installation of a new septic system for the
temporary mobile home, and;
c) 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;
d) 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.
5. The Owner shall be responsible for consulting with and obtaining any and all necessary
approvals from the Southwestern Public Health (SWPH).
6. The Owner shall satisfy all the requirements in relation to the fire protection for the
building(s) in compliance with the Fire Code and to the satisfaction of the Municipality's Fire
Chief and Ontario Building Code.
7. 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 homes for the purposes of ensuring public health and safety, in
specific regards to condition of the bunkhouses; fire protection; the provision of potable
water; and the proper treatment and disposal of sewage.
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.
Development Agreement — Thiessen
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, 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.
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 RegistryAct,
to enforce its provisions against the Owner, named herein, and any and all subsequent
Owners of the land.
Development Agreement — Thiessen
IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly
attested to by their authorized signing officers in that behalf.
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Witness (signature)
Witness (signature)
We have the a th r y to bind the Corporation.
R dolph Thiessen, Owner
Nancy Thiessen, Owner
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Ed KetcHabaw, Mayor
r{j
T Thayer, Clerk
Development Agreement — Thiessen
ATTACHMENT `A'
Roll # 3401-000-008-06500
Legal Description: Concession 3, Lot 2, Municipality of Bayham,
County of Elgin
Municipal Address: 53580 Vienna Line
Development Agreement — Thiessen
ATTACHMENT `B'
Conceptual Site Plan
(To be attached)
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