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HomeMy WebLinkAboutBy-law No. 2013-046 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2013-046 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN GERHARD AND MARIA DYCK AND 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 Gerhard and Maria Dyck are the owners of lands in Lot 109, Concession 7, known municipally as 53363 Talbot Line in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted the minor variance Application A-04/13, including the condition that the owners execute a development agreement for the supplementary farm dwelling; 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 Agreement with Gerhard and Maria Dyck 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 16th DAY OF u Y 2013. *A-s\(Y) DV-a MAYOR CLERK Dyck Agreement SCHEDULE 'A' THIS DEVELOPMENT AGREEMENT made in duplicate this 16th day of May 2013. BETWEEN : GERHARD AND MARIA DYCK of the Municipality of Bayham, in the County of Elgin, 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(s)represent that they are the registered Owner(s) of the lands and premises in Lot 109 Concession 7, in the Municipality of Bayham, in the County of Elgin, being more particularly described in Attachment"A" attached hereto (hereinafter called the "said Lands"); AND WHEREAS a minor variance application A-04/13 requesting relief from Section 5.1 Permitted uses in the Agricultural (Al) Zone in Zoning By-law Z456-2003, was granted on May 16, 2013 by the Committee of Adjustment subject to a development agreement; AND WHEREAS the Owner(s) are desirous of developing the said Lands conditional upon (inter alia) the entering into of a development agreement dealing with the supplementary farm dwelling as more particularly set out on a plot plan marked as Attachment"B" attached hereto; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Municipality to the Owner(s), the receipt and sufficiency whereof is hereby acknowledged,the Owner(s) covenant and agree with the Municipality to do and perform at their own expense the following matters and things: Municipal Engineer 1. Wherever the phrase "Municipal Engineer" is used throughout this Agreement, it shall mean the Municipality's Chief Building Official or the Municipality's Manager of Public Works or such other person as the Council of the Municipality may from time to time appoint to deal with the administration of this Agreement. List of Attachments Dyck Agreement 2. The following Attachments are hereby declared to form part of the Agreement between the parties: Attachment Description "A" Legal description of the said Lands. "B" Site Plan showing the location of all buildings and structures, the sanitary sewage disposal system, and potable water supply Zoning 3. The Zoning designation being Agricultural (Al) on the said lands and minor variance approval through application A-04/13 permits the supplementary farm dwelling. Access 4. Access to the subject lands exist and are shown on the Attachment"B". Indemnification 5. The Owner(s) shall indemnify and save harmless the Municipality against all losses, damages, claims, actions, demands, suits, costs and interest incurred which arise directly or indirectly from anything done in connection with this Agreement, whether in performance of, outside of or contrary to this Agreement. Other 6. Entry into this Agreement with the Owner(s) shall in no way fetter legislative or administrative discretion of the Municipality or of any of its officers or staff with regard to the approval or administration of any matters in connection with any development on the said Lands. 7. The Owner(s)understand and agree that there shall be no work performed except in conformity with all applicable by-laws and Provincial and Federal legislation and regulations, and this Agreement does not exempt the Owner(s) from any applicable statute, regulation, or code of any legislative, administrative, or governmental authority, and the Owner(s) shall obtain and pay for all permits. Notice to Subsequent Owner(s) 8. The Owner(s) agree that any payments made or works installed pursuant to this agreement shall not be deemed to be development charges of any sort whether under the provisions of the Development Charges Act or a by-law thereunder, or pursuant to any front-ending provisions of that Act. It is further agreed that the Owner(s) shall not make any claims whatsoever against the Municipality or any other land Owner(s) of any lands for a contribution or reimbursement in any way for any monies expended by the Owner(s) to effect the works. Dyck Agreement Registration 9. This Agreement shall be registered on title to the Lands, by the Owner(s)(s), at the Owner(s)(s) expense. The Owner(s) shall cause a duplicate registered copy be provided to the Municipality for their records. Binding 10. The covenants, agreements, conditions and undertakings herein contained on the part of the Owner(s) shall run with the Land and shall be binding upon the Owner(s) and upon the Owner(s)' heirs, executors, administrators, successors and assigns, as Owner(s) and occupiers of the Land from time to time and shall be appurtenant to the adjoining highways in the Owner(s)hip of the Municipality and this Agreement shall enure to the benefit of and be binding upon the appropriate authority and its successors and assigns. Assignment 11. Neither party is permitted to assign rights and obligations under the Agreement without the permission from the other, which shall not be unreasonably withheld. Specifications 12. The supplementary farm dwelling will abide by the following specifications: a) The supplementary farm dwelling will only be situated as shown in Attachment"B" b) The floor area of the supplementary farm dwelling will not be greater than 92 m2; c) A maximum of ten seasonal employees may be accommodated during the seasonal vegetable farming/processing operation; d) The supplementary farm dwelling may only be used during the vegetable farming/processing operation season April—October and is not to be used for full-time residency. e) The supplementary farm dwelling shall be serviced with potable water and private sanitary sewage disposal system to the satisfaction of the Municipality and/or local Health Unit; f) Vehicular access to the supplementary farm dwelling will be via the existing driveway. Removal of Supplementary Farm Dwelling 14. The Owner(s) agree that the supplementary farm dwelling shall be removed: a) at the cessation of occupancy of more than two (2) years; Dyck Agreement b) at the cessation of the owner's vegetable farming/processing operations of more than two (2) years c) upon any attempt at permanent residency, whereby the owner will be notified that this agreement is null and void requiring the removal of the supplementary dwelling immediately. Separate Covenants 15. All of the provisions of this Agreement are intended to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not enforceable, it shall be considered separate and severable from the Agreement and its remaining provisions as though the unlawful or unenforceable provision had not been included. Municipality's Expense 16. The Owner(s) shall reimburse the Municipality for expenses incurred in the preparation of the Development Agreement by the payment upon receipt of invoiced costs. IN WITNESS WHEREOF the Parties have hereunto affixed their signatures and corporate seal attested to by the hands of their proper officers, duly authorized in that beh. ,.. 0 SIGNED, SEALED AND DELIVERED ) r--; ) erhard i yck, ►.wrier in lepr- -`'ceof ) / ) 41111170. " if JA_ tiriti ) 41.4.4m. Wo-t :s ) Maria Dyck, Owner Lytle_ ) ) THE CORPORATION OF THE ) MUNICIPALIT +F BAYH ) ,F J ) Per: / A..d _ ) Pau Ens, Mayor ) Per: 4.._ 3�It ) Lynda Millard, Clerk ) ) \-1r,01._ '6/ 13 Date Dyck Agreement Attachment"A" DESCRIPTION OF LANDS Lands are more particularly described as: Assessment Roll#34-01-000-007-04600 Municipal Address: 53363 Talbot Line Legal Description: Concession 7 NTR Part Lot 109 RP 11R5850 Part 1, Municipality of Bayham, County of Elgin PIN# vi TOwtystilP 6F°Mflt,fletiDE, S * ' N .\ E V.4-14 t�€iSE� t Hous ! 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