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HomeMy WebLinkAboutBy-law No. 2023-025THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-025 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN JESSE AND SARAH FROESE 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 Jesse and Sarah Froese are the owners of lands in Concession 8 Part Lots 14, 15, known municipally as 55210 and 55248 Maple Grove Line, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted Minor Variance Application A-02/23, including the requirement that the owners execute a development agreement for the placement of 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: 1, THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Jesse and Sarah Froese 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 6th DAY OF APRIL 2023. MAYOR SCHEDULE `A' TO BY-LAW 2023-025 DEVELOPMENT AGREEMENT BETWEEN JESSE AND SARAH FROESE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 55210 and 55248 Maple Grove Line, Concession 8 Part Lots 14,15 RP 11 R2317 Part 7 RP 11 R6817 Part 1 Municipality of Bayham, County of Elgin THIS DEVELOPMENT AGREEMENT made in duplicate this 6th day of April 2023. BETWEEN: JESSE AND SARAH FROESE Hereinafter called the "OWNER" OF THE FIRST PART -AND— THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART 7 WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Part Lots 14 and 15 Concession 8, 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 (temporary mobile home trailer) as a supplementary farm dwelling in accordance with the Conceptual Site Plan attached hereto, as Attachment "B" (hereafter referred to as the "Plan") as granted through Minor Variance Application A-02/23 on March 16, 2023; 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 under Section 45 of the Planning Act; 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: Minor Variance Application A-02/23 - The Owner agrees that ONE (1) supplementary farm dwelling (temporary mobile home trailer) with floor area of approximately 58.5 m2 (630 ft2) 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 shall only permit the supplementary farm dwellings to be occupied by any persons between the time period of April 1st through to November 301h in any calendar year, being maximum eight (8) month occupancy. 3 3. The Owner agrees to remove the supplementary farm dwelling no more than two (2) years after the cash crop farm operation has ceased and/or seasonal farm labour is no longer required. 4. 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. 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 dwellings and provide written assurance that the dwellings 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, 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) weeks' 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. 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. II) 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 I 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. 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. Witness (signature) fitness (signature) We have the authority the Corporation. esse Froese, Owner Sarah Froese, Owner THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Ed Ketchabaw, Mayor Ts~om`a i'ayer, Clerk ATTACHMENT `A' Assessment Roil # 3401-000-006-03700 Legal Description: Concession 8 Part Lots 14 and 15, RP 11 R2317 Part 7 RP 11 R6817 Part 1 Municipality of Bayham, County of Elgin Municipal Address: 55210 and 55248 Maple Grove Line, Municipality of Bayham I pe1A tsl,!� C ? 14 A R^ �1' LID oiv t? a° j y�F pC v i a a S rn I Y1