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HomeMy WebLinkAboutBy-law No. 2016-047 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016 —047 SITE PLAN CONTROL BY-LAW Being a bylaw designating the area within the territorial limits of the Municipality of Bayham as subject to site plan control pursuant to the provisions of the Planning Act and otherwise establishing regulations and procedures for obtaining approval for development within the said Municipality of Bayham as an area subject to site plan control. WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS, in the Official Plan for the Municipality of Bayham, the whole of the Municipality of Bayham is described as a site plan control area; AND WHEREAS Section 41 of the Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham may define any class or classes of development that may be undertaken without approval; AND WHEREAS the Council of the Municipality of Bayham has decided to repeal By-Law No. 2005-61, as the previous Site Plan Control By-Law, and replace that by-law with the within by- law; THEREFORE the Council of the Municipality of Bayham, pursuant to section 41 of the Planning Act, as cited above, enacts as follows: 1.0 Interpretation 1. The following rules apply to interpretation of this by-law: (1) Unless otherwise defined, the words, terms, and phrases used in this by-law have their normal and ordinary meaning. (2) For purposes of interpretation only, the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as amended, applies to this by-law. (3) Despite the tense used in a provision: (a) Every provision of this by-law is to be applied to the circumstances as they exist at the relevant time in question; and 2 (b) Every obligation imposed by this by-law is a continuing one so long as either the use, the circumstances, the reason for the obligation, or the events which caused, precipitated, or gave rise to the obligation continue. (4) This by-law may be cited by its long title, its short title, or by its by-law name and any citation is to be taken as meaning the by-law as amended. 2.0 Definitions 2. (1) In this by-law, unless a contrary intention is expressed: (a) "Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended. (b) "Board" means the Ontario Municipal Board. (c) "Corporation" means the Corporation of the Municipality of Bayham. (d) "Council" means the Municipal Council of the Corporation. (e) "Development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of the said Planning Act but provided that the said definition of "development" does not include the placement of a portable classroom on the school site of a local school board if the school site was in existence on January 1, 2007. (f) "Official Plan" means the Official Plan of the Municipality of Bayham, as amended from time to time. (g) "Property", including any portion thereof, means the land upon which development is proposed and to which the provisions of this by-law apply. (2) For the purposes of the definition of"Development" as set forth in section 2 (1) (e) above: (a)an addition or alteration to a building or structure which substantially increases the size thereof shall mean: (i) save and except for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 20% of existing gross floor area; and 3 (ii) for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law Z456-2003, as amended, or any successor by-law thereto, an increase of more than 30% of existing gross floor area. (b) an addition or alteration to a building or structure which increases the usability thereof shall mean any addition or alteration to a building or structure which results in a change in the use of that building, structure or property, and includes an addition or alteration which would; (i) result in a change in the volume, intensity, or nature of noise, lighting, odor, and/or vibration generated on the property; (ii) alter the ingress to or egress from the property or a portion thereof; (iii) alter the traffic flow on or around the subject property, or a portion thereof, including but not limited to construction and installation of a "drive-thru" laneway; (iv) alter parking requirements and/or facilities for the property or a portion thereof; (v) alter hours of operation for the use or uses of such property or portion thereof; (vi) alter lot grading and/or drainage patterns, including but not limited to drainage and disposition facilities and installations, for the property or a portion thereof and which interpretation specifically applies to the alteration of the surface treatment and permeability of an existing parking lot or parking area. 3.0 Area/Development Subject to Site Plan Control 3. (1) Site Plan Control Area The whole of the Municipality of Bayham, as constituted from time to time, is hereby designated as a site plan control area. (2) Exempt Classes of Development The following classes of development may be undertaken without the approval of plans and drawings otherwise required under subsections 41 (4) or 41 (5) of the Act, and this by-law does not apply to such classes: (a)Farm buildings and structures; (b)Agricultural and farm-related buildings, structures, building additions, or building alterations that are utilized in farming operations, but not including commercial wind farm operations, grain drying operations, agricultural-commercial or industrial operations such as farm equipment sales and service, farm supply sales and agricultural storage, service or supply establishments. 4 (3) Application to Residential Dwellings Any residential dwelling other than single-detached, semi-detached, and duplex dwellings shall be subject to site plan control. The application of site plan control measures for such uses is limited to such matters as controlling the location of access, parking, grading and drainage. 4.0 Application For Approval of Development 4. (1) Every application for a permit to construct a building or structure or an addition or alteration to a building or structure shall be accompanied by the following plans, specifications, documents, information, and items: (a) The plans referred to in section 41 (4) (a) of the Act, as excerpted on Schedule "A" to this by-law, showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction with the building or structure and all the facilities, works, and matters otherwise referred to in section 41 (7) (a) of the Act; (b) The drawings referred to in section 41 (4) (2) of the Act, as excerpted on Schedule "A" to this by-law; provided at all times that the following matters need not be addressed in such drawings as they are not subject to site plan control: (i) Interior design. (ii) Layout of interior areas, excluding interior walkways, stairs, elevators and escalators as referred to in section 41 (4) (2) (c) of the Act. (iii) The manner of construction and standards for construction. (c) One or more agreements with the Corporation in the form attached as Schedule "B" to this by-law dealing with the provisions and maintenance of the development to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in section 41 (7) of the Act, as excerpted on Schedule "A" to this by-law, and in accordance with the plans and drawings approved pursuant to the Act and this by-law. (d) Where required under an agreement referred to in section 4 (1) (c) above, security, in the form of cash, certified cheque, or letter of credit, to protect the Corporation in respect of its liability for holdback and costs pursuant to section 17 (4) of the Construction Lien Act, R.S.O. 1990, c. C. 30, as amended, and to assure satisfactory provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in section 41 (7) of the Act and in accordance with the plans and drawings approved pursuant to the Act and this by-law. The amount of security will be established by the Corporation and will be based primarily upon the estimated cost of alterations to public property, roadways, curbs, gutters and drains, and any repairs for damages to public property, roadways, curbs, gutters and drains, plus all site-specific components as 5 identified on Site and Site Servicing Plans, as submitted and approved with a minimum deposit of$1000.00. (e) By cash or bank draft payable to the Corporation, payment of the requisite fee as specified in the Rates and Fees By-Law for the Corporation. 5.0 Conditions to Approval of Development/Plans 5. As a condition to the approval of the development, including plans and drawings referred to in section 41 (4) of the Act and as otherwise anticipated in section 4. 0 above, the owner of the property, or portion thereof, shall be required to: (1) In accordance with this by-law and at no expense to the Corporation, provide the facilities, works, or other matters referred to in section 41 (7) (a) of the Act, excerpted in Schedule "A" to this by-law, and otherwise approved by Council pursuant to this by-law; and (2) In accordance with this by-law and at the sole risk and expense of the owner of the property, or portion thereof, maintain the facilities, works, and other matters as identified in items 2 to 9 (inclusive) of section 41 (7) (a) of the Act, as excerpted in Schedule "A" to this by-law, and as otherwise approved by Council pursuant to this by-law, at all times including the removal of snow from access ramps and driveways, parking and loading areas, and walkways. (3) In accordance with this by-law, at the sole risk and expense of the owner, and in circumstances to which section 41 (8) of the Act apply, provide evidence of proper notification, review and approval of plans by the upper tier municipality, satisfaction of the requirements of the upper tier municipality in respect of items listed in section 41 (8)(a) of the Act, a photocopy of any agreement or agreements required by the upper tier municipality in respect of items listed in section 41 (8)(b) of the Act, and acceptable evidence of conveyance of land in respect of the item set forth in section 41 (8)(c) of the Act. 6.0 Exercise of Authority to Approve 6. The exercise of the Authority to approve as contemplated by this by-law is subject to the following: (1) Council shall approve the application contemplated by section 4.0 hereof, including plans and drawings referred to in section 41 (4) of the Act, excerpted in Schedule "A" to this by-law, except where: (a) The proposed facilities, works or matters depicted on the plans and drawings do not comply with any applicable policy or policies of the Official Plan or the provision or provisions of any applicable Zoning By-Law regulations; or (b) The application contemplated under section 4.0 of this by-law, including payment of applicable fees, is incomplete. (2) As a condition to the approval of plans and drawings referred to in section 41 (4) of the Act, Council may require that the owner of the property, or a portion thereof, 6 enter into one or more agreements as provided for in section 4 (1) (c) of this by- law. (3) The Authority contemplated to be exercised pursuant to subsections 41 (7) (b) and (c) of the Act with respect to any of the facilities, works, or matters referred to in section 41 (7) (a) of the Act shall be exercised by Council on the advice of staff of the Corporation. (4) The provisions of the Official Plan and Zoning By-Law shall be applied in each circumstance as it arises with such variations or modifications as the circumstances may require so long as each applicable provision is given effect according to its true intent and purpose. (5) The form or wording of the precedent agreement attached as Schedule "B" hereto shall be used in satisfaction of the requirement of sections 4 (1) (c) and 6 (2) herein, subject to such variations or modifications as circumstances may require and only so long as the substance of any provision thereto is not changed or affected and, furthermore, any variance thereto, not being in the manner or nature of substance, does not affect the regularity of the Agreement or any part or section thereof. 7.0 Lapsing of Approval 7. Any approval by Council of an application as contemplated hereunder, including plans and drawings referred to in section 41 (4) of the Act, lapses, (1) Where a building permit is required for the development: (a) at the expiration of one (1) year from the date of approval if, within that one (1) year period, no building permit is issued for the development; (b) If a building permit is issued for the development but the owner of the property, or a portion thereof, has not commenced construction within one (1) year of the date of issuance of such building permit or, alternatively, if construction of the development has not been completed within two (2) years of the date of issuance of such building permit; or (c) Upon the revocation at any time of any building permit issued for the development. (2) Where no building permit is required for the development, the owner of the property has failed to commence construction within one (1) year of the date of site plan approval or, alternatively and although commenced within one (1) year of the date of site plan approval, construction of the development has not been completed within two (2) years of such date of site plan approval. (3) In all cases, the lapse of an approval granted pursuant to this by-law is effective only upon written notice revoking the approval by Council to the owner of the property or, where an agreement has been executed and registered as against title to the property, including a portion thereof, upon registration of a notice that the approval is revoked and the agreement is terminated. 7 8.0 Failure of Council to Act/ Appeal to the Ontario Municipal Board 8. Where Council does not approve the application contemplated by section 4.0 hereunder and/or the plans and drawings referred to in section 41 (4) of the Act within thirty (30) days after submission to the Corporation for approval or, alternatively, where the owner of the property is not satisfied with any one or more of the requirements made by Council pursuant to this by-law and section 41 (7) of the Act, including but not limited to the terms of a site plan control agreement, the owner of the property may, by written notice to the Secretary of the Ontario Municipal Board and the Clerk of the Corporation as well as submission of the filing fee specified in the Rates and Fees By-Law for the Corporation, request that the decision of Council, including as to approval or denial of the subject application and/or details of all plans and drawings as submitted or, furthermore or alternatively, the requirements or provisions of any site plan control agreement that the owner of the property finds unsatisfactory, be referred to the Board and the Board shall hear and determine all matters in issue in respect of such development, application, plan, drawings and agreement in accordance with its jurisdiction, authority and powers, providing at all times that the decision or decisions of the Board shall, at all times, be final. 9.0 Executive Acts Authorized 9. The Mayor and the Clerk of the Corporation are hereby authorized to execute on behalf of and under the seal of the Corporation any document necessary to give further effect to the provisions of this by-law. 10.0 Development Without Approval 10. Every person who, without having first obtained Council approval pursuant to this by-law, including as to all plans and drawings for development of the property or a portion thereof, undertakes any development, or part thereof, on the property, contravenes section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 11.0 The Failure to Provide or Maintain Facilities, Works, or Other Matters 11. Every person who undertakes any development on property located in the site plan control area as designated by this by-law without providing and/or maintaining any of the facilities, works, or matters mentioned in section 41 (7) (a) of the Act and that are required by Council of the Corporation pursuant to the said section 41 of the Act and the provisions of this by-law contravenes the said section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 12.0 Failure to Enter Into Agreement 12. Every person who undertakes any development on property located within the site plan control area designated by this by-law without first entering into one or more agreements with the Corporation addressing or otherwise providing for the provision or maintenance of any facilities, works, or other matters and as required by the Corporation as a condition to the approval of development, plans, and drawings in accordance with sections 4 (1) (c) and 6 (2) hereof and section 41 of the Act contravenes the said section 41 of the Act and thereby commits an offence pursuant to section 67 thereof. 8 13.0 Penalty Upon Conviction 13. In addition to any penalty provided for at law for commission of an offence contrary to the Act, every person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided for pursuant to the Act. 14.0 Facilities, Works, or Other Matters Undertaken By Municipality 14. In default of an owner of property, in the future, providing or maintaining any one or more of the facilities, works, or other matters that are to be provided in conjunction with all buildings and structures to be erected under approval of Council granted hereunder or that are otherwise referenced in section 41 (7) (a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawings referred to in section 41 (4) of the Act, the Council may by resolution direct that such facilities, works, or matters, or any part thereof, shall be provided or maintained by or on behalf of the Corporation at the sole risk and expense of the owner of the property and the expense incurred in doing so shall be recovered from the owner by any means or process available at law, including but not limited to: (1) by use of any cash or security bonds furnished by the owner of the property to the Corporation pursuant to this by-law; (2) by action in any court of competent jurisdiction in the Province of Ontario; (3) in a like manner as municipal taxes, as authorized by the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and in particular section 446 thereof; (4) in annual instalments payable by the owner of the property, with interest, not to exceed ten (10) years. 15.0 Schedules 15. Schedules "A" and "B" form part of and are incorporated within this by-law. 16.0 Repeal 16. By-law No. 2005-061 for The Corporation of the Municipality of Bayham, entitled Site Plan Control By-Law, is hereby repealed. READ A FIRST AND SECOND TIME THIS 19th DAY OF MAY, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF MAY, 2016. MA. OR 9 SCHEDULE "A" Excerpts from Planning Act Sections 41 (1), 41 (4), and 41 (7) Planning Act,R.S.O. 1990, c. P.13 I Ontario.ca Page 1 of 5 Site plan control area 41. (1) In this section, "development"means the construction,erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof,or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164(4)of the Municipal Act, 2001 or subsection 3(1)of the City of Toronto Act, 2006,as the case may be,or of sites for the location of three or more mobile homes as defined in subsection 46(1)of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1)of this Act. R.S.O. 1990, c.P.13,s.41 (1); 1994,c.4,s. 14;2002,C. 17, Sched. B,s. 14(1);2006,c.32, Sched.C,s.47(8). Exception (1.1)The definition of"development"in subsection (1)does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1,2007. 2006,c.23, s. 16(1). Establishment of site plan control area (?)Where in an official plan an area is shown or described as a proposed site plan control area,the council of the local municipality in which the proposed area is situate may, by by-law,designate the whole or any part of such area as a site plan control area. R.S.O. 1990,c. P.13,s.41 (2). Designation of site plan control area t_3)A by-law passed under subsection (2)may designate a site plan control area by reference to one or more land use designations contained in a by-law passed under section 34. R.S.O. 1990,c. P.13,s.41 (3). Consultation (3.1)The council, (a)shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection(4);and (b) may, by by-law,require applicants to consult with the municipality as described in clause(a). 2006,c.23,s. 16(2). Approval of plans or drawings No person shall undertake any development in an area designated under subsection(2)unless the council of the municipality or,where a referral has been made under subsection(12),the Municipal Board has approved one or both, as the council may determine,of the following: 1.Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause(7)(a),including facilities designed to have regard for accessibility for persons with disabilities. 2.Drawings showing plan,elevation and cross-section views for each building to be erected,except a building to be used for residential purposes containing less than twenty-five dwelling units,which drawings are sufficient to display, (a)the massing and conceptual design of the proposed building; (b)the relationship of the proposed building to adjacent buildings,streets, and exterior areas to which members of the public have access; (c)the provision of interior walkways,stairs,elevators and escalators to which members of the public have access from streets,open spaces and interior walkways in adjacent buildings; (d) matters relating to exterior design,including without limitation the character,scale,appearance and design https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act,R.S.O. 1990, c. P.131 Ontario.ca Page 2 of 5 features of buildings,and their sustainable design,but only to the extent that it is a matter of exterior design,if an official plan and a by-law passed under subsection(2)that both contain provisions relating to such matters are in effect in the municipality; (e)the sustainable design elements on any adjoining highway under a municipality's jurisdiction,including without limitation trees,shrubs, hedges, plantings or other ground cover, permeable paving materials,street furniture,curb ramps,waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection(2)that both contain provisions relating to such matters are in effect in the municipality;and (f)facilities designed to have regard for accessibility for persons with disabilities. R.S.O. 1990,c.P.13,s.41 (4); 2002, c.9,s.56(1);2006,c.23,s. 16(3,4);2009,c.33,Sched.21,s. 10(9). Exclusions from site plan control (4.1)The following matters relating to buildings described in paragraph 2 of subsection(4)are not subject to site plan control: 1. Interior design. 2.The layout of interior areas,excluding interior walkways,stairs,elevators and escalators referred to in subparagraph 2 (c) of subsection(4). 3.The manner of construction and standards for construction. 2006,c.23,s.16(5). Dispute about scope of site plan control (4.2)The owner of land or the municipality may make a motion for directions to have the Municipal Board determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection(4)is subject to site plan control. 2006, c.23, s. 16(5). Final determination (4.3)The Municipal Board's determination under subsection (4.2)is not subject to appeal or review. 2006,c.23,s. 16(5). Drawings for residential buildings LQ Despite the exception provided in paragraph 2 of subsection(4),the council of the municipality may require the drawings mentioned therein for a building to be used for residential purposes containing less than twenty-five dwelling units if the proposed building is to be located in an area specifically designated in the official plan mentioned in subsection(2)as an area wherein such drawings may be required. R.S.O. 1990,c.P.13,s.41 (5). Proviso (6)Nothing in this section shall be deemed to confer on the council of the municipality power to limit the height or density of buildings to be erected on the land. R.S.O. 1990,c. P.13,s.41 (6). Conditions to approval of plans 2.1 As a condition to the approval of the plans and drawings referred to in subsection (4),a municipality may require the owner of the land to, (a)provide to the satisfaction of and at no expense to the municipality any or all of the following: 1.Subject to the provisions of subsections(8)and(9),widenings of highways that abut on the land. 2.Subject to the Public Transportation and Highway Improvement Act,facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs. 3.Off-street vehicular loading and parking facilities,either covered or uncovered, access driveways, including driveways for emergency vehicles,and the surfacing of such areas and driveways. https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act, R.S.O. 1990, c. P.13 I Ontario.ca Page 3 of 5 4.Walkways and walkway ramps, including the surfacing thereof,and all other means of pedestrian access. 4.1 Facilities designed to have regard for accessibility for persons with disabilities. 5.Facilities for the lighting, including floodlighting,of the land or of any buildings or structures thereon. 6.Walls,fences,hedges,trees,shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands. 7.Vaults,central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material. 8.Easements conveyed to the municipality for the construction,maintenance or improvement of watercourses, ditches, land drainage works,sanitary sewage facilities and other public utilities of the municipality or local board thereof on the land. 9.Grading or alteration in elevation or contour of the land and provision for the disposal of storm,surface and waste water from the land and from any buildings or structures thereon; (b)maintain to the satisfaction of the municipality and at the sole risk and expense of the owner any or all of the facilities or works mentioned in paragraphs 2,3,4,5,6,7,8 and 9 of clause(a),including the removal of snow from access ramps and driveways,parking and loading areas and walkways; (c)enter into one or more agreements with the municipality dealing with and ensuring the provision of any or all of the facilities,works or matters mentioned in clause(a)or(d)and the maintenance thereof as mentioned in clause(b)or with the provision and approval of the plans and drawings referred to in subsection (4); (c.1)enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection(4); (d)subject to subsection(9.1),convey part of the land to the municipality to the satisfaction of and at no expense to the municipality for a public transit right of way. R.S.O. 1990,c.P.13,s.41 (7); 1996,c.4,s.24(1,2);2006, c.23, s. 16 (6,7). Where area is in upper-tier municipality .(8)If an area designated under subsection(2)is within an upper-tier municipality, plans and drawings in respect of any development proposed to be undertaken in the area shall not be approved until the upper-tier municipality has been advised of the proposed development and afforded a reasonable opportunity to require the owner of the land to, (a) provide to the satisfaction of and at no expense to the upper-tier municipality any or all of the following: (i) subject to subsection(9),widenings of highways that are under the jurisdiction of the upper-tier municipality and that abut on the land, (ii)subject to the Public Transportation and Highway Improvement Act,where the land abuts a highway under the jurisdiction of the upper-tier municipality,facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs, (iii)where the land abuts a highway under the jurisdiction of the upper-tier municipality,offstreet vehicular loading and parking facilities,either covered or uncovered,access driveways,including driveways for emergency vehicles,and the surfacing of such areas and driveways, (iv)where the land abuts a highway under the jurisdiction of the upper-tier municipality,grading or alteration in elevation or contour of the land in relation to the elevation of the highway and provision for the disposal of storm and surface water from the land, (v)where the land abuts a highway under the jurisdiction of the upper-tier municipality,facilities designed to have regard for accessibility for persons with disabilities; (b) enter into one or more agreements with the upper-tier municipality dealing with and ensuring the provision of any or https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act, R.S.O. 1990, c. P.13 I Ontario.ca Page 4 of 5 all of the facilities,works or matters mentioned in clause(a)or(c)and the maintenance thereof at the sole risk and expense of the owner, including the removal of snow from access ramps and driveways and parking and loading areas; (c)subject to subsection (9.1),convey part of the land to the upper-tier municipality to the satisfaction of and at no expense to the municipality for a public transit right of way. 2002,c. 17,Sched.B,s. 14(2);2006,c.23, s. 16(8). Widening must be described in official plan a An owner may not be required to provide a highway widening under paragraph 1 of clause(7)(a)or under paragraph 1 of clause(8)(a) unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described. R.S.O. 1990,c.P.13,s.41 (9). Limitation (9.1)An owner of land may not be required to convey land under clause(7) (d)or(8)(c)unless the public transit right of way to be provided is shown on or described in an official plan. 1994,c.23,s.24(3); 1996,c.4,s.24(3). Registration of agreements (10)Any agreement entered into under clause(7)(c)or(c.1)or under clause(8)(b)may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and,subject to the provisions of the Registry Act and the Land Titles Act,any and all subsequent owners of the land. R.S.O. 1990,c, P.13,s.41 (10);2002, c. 17,Sched. B, s. 14(3);2006,c.23,s. 16(9). Application of Municipal Act, 2001 or City of Toronto Act, 2006 (11) Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006,as the case may be, applies to any requirements made under clauses(7)(a)and (b)and to any requirements made under an agreement entered into under clause(7)(c) or(c.1). R.S.O. 1990,c. P.13,s.41 (11);2002,c. 17, Sched. B, s. 14(4);2006,c.23,s. 16(10);2006,c.32, Sched.C,s.47(9). Appeal to O.M.B. (12) If the municipality fails to approve the plans or drawings referred to in subsection(4)within 30 days after they are submitted to the municipality or if the owner of the land is not satisfied with any requirement made by the municipality under subsection (7)or by the upper-tier municipality under subsection (8)or with any part thereof,including the terms of any agreement required,the owner may require the plans or drawings or the unsatisfactory requirements,or parts thereof, including the terms of any agreement required,to be referred to the Municipal Board by written notice to the secretary of the Board and to the clerk of the municipality or upper-tier municipality,as appropriate. 2002,c. 17,Sched.B,s. 14(5). Hearing (12.1)The Municipal Board shall hear and determine the matter in issue and determine the details of the plans or drawings and determine the requirements,including the provisions of any agreement required,and the decision of the Board is final. 2002,c. 17,Sched.B,s. 14(5). Classes of development, delegation (13)Where the council of a municipality has designated a site plan control area under this section,the council may,by by- law, (a) define any class or classes of development that may be undertaken without the approval of plans and drawings otherwise required under subsection(4)or(5);and https://www.ontario.ca/laws/statute/90p13 2/14/2016 Planning Act, R.S.O. 1990, c. P.13 I Ontario.ca Page 5 of 5 (b)delegate to either a committee of the council or to an appointed officer of the municipality identified in the by-law either by name or position occupied,any of the council's powers or authority under this section,except the authority to define any class or classes of development as mentioned in clause(a). R.S.O. 1990,c. P.13,s.41 (13). Proviso (14)Section 35a of The Planning Act,being chapter 349 of the Revised Statutes of Ontario, 1970,as it existed on the 21st day of June, 1979,shall be deemed to continue in force in respect of any by-law passed under that section on or before that day. R.S.O. 1990,c. P.13,s.41 (14). Certain agreements declared valid and binding (15)Every agreement entered into by a municipality after the 16th day of December, 1973 and before the 22nd day of June, 1979,to the extent that the agreement deals with facilities and matters mentioned in subsection 35a(2)of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970,as it existed on the 21st day of June, 1979, is hereby declared to be valid and binding. R.S.O. 1990, c. P.13,s.41 (15). City of Toronto (16)This section does not apply to the City of Toronto,except for subsection(1.1), paragraph 1 of subsection(4), subparagraph 2(t)of subsection(4)and paragraph 4.1 of clause(7)(a),which provisions apply with necessary modifications. 2006,c.23, s. 16(11). Note:On a day to be named by proclamation of the Lieutenant Governor,section 42 of the Act is amended by adding the following subsection:(See: 2015,c.26,s.28(1)) https://www.ontario.ca/laws/statute/90p13 2/14/2016 10 SCHEDULE "B" Site Plan Control Agreement SITE PLAN CONTROL AGREEMENT AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Lot/ Part Lot , Concession , Bayham This Agreement made in duplicate this day of , 20_. BETWEEN: (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Lot , Concession therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands/Site Plan, Attachment "B" —Site Servicing Plan, and Attachment "C" — Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B" ("Site Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot- mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment. 10.The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11.The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12.The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13.The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. 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 compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of Dollars and Cents ($ ). 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Dollars and Cents ($ ). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of $ per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27.The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before , 20_. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28.As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of Dollars and Cents ($ ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant 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 his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32.The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33.The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, 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 from any action taken by the Owner in accordance with this Agreement. 34.All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36.This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at Bayham, Ontario this day 20 Signed, Sealed, and Delivered ) In the presence of ) ) ) ) per: ) Name: ) Position: ) I have authority to bind the Company CORPORATION OF THE MUNICIPALITY OF BAYHAM per: Name: Position: ) per: ) Name: Position: ) We have authority to bind the Corporation Date: , 20_ and THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Site Plan Control Agreement Stephen H. Gibson 450 Sunset Drive St. Thomas, ON N5R 5V1 County Solicitor ATTACHMENT "A" Lands /Site Plan ATTACHMENT "B" Site Servicing Plans ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20 , and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_. Witness Signature Name of Owner (Print) Address of Owner (Mailing) Telephone Number