HomeMy WebLinkAboutBy-law No. 2024-019THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-019
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT BETWEEN
ROY SCHRIJVER FARMS LTD. 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 Roy Schrijver Farms Ltd. is the owner of lands in Concession 7 NTR N Pt Lots
110, 111 RP 11 R6757 Pt Part 1 known municipally as 53777 Talbot Line, in the Municipality of
Bayham, County of Elgin;
AND WHEREAS, on May 4, 2023, Council passed By-law No. 2023-032 authorizing the
Temporary Use and Demolition Agreement ("Agreement") between Roy Schrijver Farms Ltd. and
the Corporation of the Municipality of Bayham to permit the use of the existing two -storey single -
detached dwelling while constructing a new house on the same property and requiring the
demolition of the existing dwelling when the new dwelling is complete;
AND WHEREAS the Owners want to retain the existing two -storey single -detached dwelling for the
purpose of a supplementary farm dwelling to house seasonal farm labourers from April 1 to
November 30 in any calendar year;
AND WHEREAS, on March 7, 2024, the Municipality of Bayham Committee of Adjustment granted
Minor Variance Application A-03/24, including the condition that the owners execute a development
agreement for the deeming of an existing two -storey single detached dwelling as 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 Chief Administrative Officer be and are hereby authorized and
directed to execute the Development Agreement with Roy Schrijver Farms Ltd. fixed hereto
and forming part of this By-law and marked as Schedule "A".
2. THAT By-law No. 2023-032 is hereby repealed in its entirety.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF APRIL
2024.
MAYOR CLERK
SCHEDULE `A' TO BY-LAW 2024-019
DEVELOPMENT AGREEMENT BETWEEN
ROY SCHRIJVER FARMS LTD.
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
FOR LANDS LOCATED AT
53777 Talbot Line
Concession 7 NTR N Pt Lots 110, 111
Municipality of Bayham, County of Elgin
THIS DEVELOPMENT AGREEMENT made in duplicate this 1811 day of April 2024.
BETWEEN:
ROY SCHRIJVER FARMS LTD.
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 Concession 7 NTR N Pt Lots 110, 111, more particularly
described in Attachment "A" attached hereto (and hereafter referred to as the "Lands");
AND WHEREAS the Owner intends to deem an existing dwelling (permanent dwelling) 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-03/24 on March 7, 2024;
AND WHEREAS the Municipality, as a condition 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:
1. Minor Variance Application A-03/24 - The Owner agrees that ONE (1) supplementary
farm dwelling (existing two -storey single -detached dwelling) with floor area of
approximately 240 m2 (2,583.3 sq. ft.) for accommodation to a maximum of ten (10)
seasonal farm labourers on the subject property is in accordance with the area identified
on the attached Plan.
2. The Owner agrees that any future structural modifications to the dwelling are subject to
approval from the Municipality and Southwestern Public Health.
3. 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 30' in any calendar
year, being maximum eight (8) month occupancy.
4. The Owner agrees to decommission the supplementary farm dwelling no more than two
(2) years after the farm operation has ceased and/or seasonal farm labour is no longer
required and further agrees to consult with the Municipality of Bayham as per any zoning
or land use planning requirements regarding the supplementary farm dwelling at the time
of decommissioning.
5. 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.
j 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 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
7. 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
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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
0- 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.
!i 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
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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,
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.
I/We have authority to bind the Corporation.
Witness (signature) R Schrijver, Owner
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
I/We have authority to bind the
Corporation
Ed Ketc baw, Mayor
om s ayer,
Chief Administrative Officer
ATTACHMENT `A'
Assessment Roll # 3401-000-007-05100
Legal Description: Concession 7 NTR N Pt Lots 110, 111, RP 11 R6257 Part 1, Municipality of
Bayham, County of Elgin
Municipal Address: 53777 Talbot Line, Municipality of Bayham
ATTACHMENTS'
Site Plan
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