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HomeMy WebLinkAboutBy-law No. 2005-061 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2005-061 SITE PLAN CONTROL BY-LAW WHEREAS Section 41 of the Planning Act, R.S.O. 1990, 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 situated 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 of the Municipality of Bayham, the whole of the Municipality of Bayham is described as a site plan control area; AND WHEREAS the Council of the Municipality of Bayham hereby repeals By-Law Nos. 2645 and 2302 of the former Township of Bayham,and replaces them with this by-law. THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows: DEFINITIONS In this By-law,unless a contrary intention appears: 1.1 "Act"means the Planning Act,R.S.O. 1990, c.P.13, as amended; 1.2 `Board"means the Ontario Municipal Board; 1.3 "Corporation"means the Corporation of the Municipality of Bayham; 1.4 "Council"means the Municipal Council of the Corporation; 1.5 "Development"means: • the construction, erection or placing of one or more buildings or structures on the land, or; • an interior or exterior addition or alteration to a building or structure on a property that has the effect of increasing the usability of the property; • an addition or alteration to a building or structure on a property that has the effect of increasing the size of the building or structure in an industrial zone by more than 30% of the gross floor area or increasing the size of the building or structure in all other zones by more than 20%of the gross floor area; • the laying out and establishment of sites for the location of a mobile home park or a seasonal travel trailer park; or • an amendment to an existing site plan, elevation plan, landscape plan, and/or servicing plan or an amendment to an existing site plan agreement with the Municipality of Bayham; 1.6 "Official Plan" means the Official Plan of the Municipality of Bayham as amended from time to time; 1.7 "Usability"means a change in the use of a property which would: • result in a change in the amount of noise, lighting, odour and/or vibration which is generated on the property; • alter the ingress/egress of the property; • alter the traffic flow on or around the subject property, including the installation of a drive-through; • alter the parking requirements; • alter the hours of operation. 1 DEVELOPMENT SUBJECT TO SITE PLAN CONTROL 2.1 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. 2.2 Exempt Classes of Development The following classes of development may be undertaken without the approval of plans and drawings otherwise required under Subsection 41(4) or 41(5) of the Planning Act, and this by-law does not apply to such classes: 2.2.1 Farm buildings and structures; 2.2.2 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. 2.3 Single-detached, Semi-detached, and Duplex 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. . APPLICATION FOR APPROVAL 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 and information: 3.1 The plans referred to in Paragraph 1 of subsection 41(4) of the Act, as shown 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 referred to in Clause 41(7)(a)of the Act; 3.2 The drawings referred to in Paragraph 2 of Subsection 41(4) of the Plan, as shown on Schedule"A"to this by-law; 3.3 One or more agreements with the Corporation in the form of Schedule "B" to this by-law dealing with the provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works and matters mentioned in Subsection 41(7)of the Act,as shown on Schedule"A"to this by-law in accordance with the plans and drawings approved pursuant to the Act and this by-law; 3.4 Where required under an agreement referred to in Section 3.3, security, in the form of cash, certified cheque or a letter of credit, to protect the Corporation in respect of its liability for holdback and costs under Subsection 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 matters mentioned in Subsection 41(7) of the Act in accordance with the plans and drawings approved pursuant to the Act and this by-law. The security will be equal to the greater of $1,000 or the dollar value of fifty percent of the costs of all site work of the development,including but not limited to, asphalt,curbing, servicing, and landscaping; 3.5 Applications for establishment of commercial wind farms shall be accompanied by the drawings referred to in Subsection 41(4) of the Plan, in the form of Schedule"D"to this by- law; PROVISION AND MAINTENANCE OF FACILITIES As a condition to the approval of the plans and drawings referred to in subsection 41(4) of the Planning Act,the owner of the land is hereby required to: 4.1 Provide in accordance with this By-law and at no expense to the Corporation the facilities, works or matters mentioned in Section 41(7)(a)of the Act approved in accordance with 2 Section 41 of the Act and shown of the plans and drawings, as shown on Schedule "A" to this by-law; and 4.2 Maintain in accordance with this By-law and at the sole risk and expense of the owner the facilities or works mentioned in paragraphs 2 to 9 (inclusive) of Section 41(7)(a) of the Planning Act and shown on the plans and drawings, approved in accordance with Section 41 of the Act, including the removal of snow from access ramps and driveways, parking and loading areas and walkways. EXERCISE OF POWER The exercise of the powers of this by-law is subject to the following: 5.1 Council shall approve the plans and drawings referred to in Subsection 41(4) of the Act except where, 5.1.1 The proposed facilities, works or matters shown on the plans and drawings do not comply with any applicable the policies of the Official Plan or any applicable Zoning by-law regulations, or 5.1.2 The application under Section 3.0 of this by-law for approval of the plans and drawings is incomplete. 5.2 As a condition to the approval of plans and drawings referred to in Subsection 41(4) of the Act, Council may require that the owner of the land enter into one or more agreements referred to in Section 3.3 of this by-law. 5.3 The powers or authority under Sections 41(7)(b)and(c)of the Act with respect to any of the facilities, works or matters mentioned in Section 41(7)(a) of the Act shall be exercised by Council on the advice of staff of the Corporation. 5.4 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. 5.5 The form or wording of the agreement in Schedule"B" shall be used with such variations or modifications as circumstances may require so long as the substance is not changed or affected and any variance from Schedule "B", not being in manner of substance, does not affect the regularity of any agreement. LAPSING OF APPROVAL An approval by Council of plans and drawings referred to in Subsection 41(4)of the Act lapses, 6.1 Where a building permit is required for the development: 6.1.1 At the expiration of one year from the date of approval if, within the one year period,no building permit is issued for the development; 6.1.2 And a building permit is issued for the development but the owner has not started construction within one year of date of issuance of the building permit or the construction of the development has not been completed within two years of the date of issuance of the building permit; or 6.1.3 Upon the revocation at any time of any building permit issued for the development; and 6.2 Where no building permit is required for the development but the owner has not started construction within one year of date of site plan approval or the construction of the development has not been completed within two years of the date of site plan approval. 6.3 The lapse of an approval is effective upon written notice revoking the approval by Council to the owner or, where an agreement has been registered,upon the registration of a notice that the approval is revoked and the agreement is terminated. FAILURE TO ACT/APPEAL TO ONTARIO MUNICIPAL BOARD 7.0 Where Council does not approve the plans and drawings referred to in Subsection 41(4) of the Act within thirty days after they are submitted to the Municipality for approval or where the owner of the land is not satisfied with any of the requirements made by Council under Subsection 41(7) of the Act or with any part thereof, including the terms of any agreement required, the owner of the land may, by written notice to the secretary of the Ontario Municipal Board and the Municipality of Bayham Clerk and submission of the application 3 fee as outlined in Schedule "C" to this By-law, request that the plans or drawings or the unsatisfactory requirements or parts thereof or the agreement, be referred to the Board, and the Board shall hear and determine the matter in issue, settle and determine the details of the plans or drawings and approve the same, settle and determine the requirements,including the provisions of any agreement, and the decision of the Board is final. EXECUTIVE ACTS AUTHORIZED 8.0 The Mayor and Municipality's Clerk are hereby authorized to execute on behalf and under the seal of the Corporation any document necessary to give further effect to the provisions of this by-law. DEVELOPMENT WITHOUT APPROVED PLANS 9.0 Every person who, without having plans or drawings approved in accordance with Section 41 of the Act, undertakes any development in the site plan control area designated by this by-law is,pursuant to section 67 of the Act, guilty of contravening section 41 of the Act. FAILURE TO PROVIDE OR MAINTAIN FACILITIES,ETC. 10.0 Every person who undertakes any development in the site plan control area designated by this by-law without providing or maintaining any of the facilities, works or matters that are mentioned in clause 41(7)(a) of the Act and that are required by the Corporation under that clause as a condition to the approval of plans or drawings in accordance with section 41 of the Act is,pursuant to section 67 of the Act, guilty of contravening section 41 of the Act. FAILURE TO ENTER INTO AGREEMENT 11.0 Every person who undertakes any development in the site plan control area designated by this by-law without entering into one or more agreements with the Corporation that deal with or ensure the provision or maintenance of any of the facilities, works or matters and that the person is required by the Corporation to enter into under that subsection as a condition to the approval of plans and drawings in accordance with section. 41 of the Act is, pursuant to section 67 of the Act, guilty of contravening Section 41 of the Act. PENALTY UPON CONVICTION 12.0 Every person who contravenes any provision of this by-law,upon conviction, is guilty of an offence and is liable to any penalty as provided in the Planning Act. FACILITIES,ETC.PROVIDED BY THE MUNICIPALITY In default of an owner of land, in the future, providing or maintaining any of the facilities, works or matters that are to be provided in conjunction with all buildings and structures to be erected or that are mentioned in section 41(7)(a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawing referred to in section 41(4) of the Act, the Council may by by- law direct that such facilities,works or matters shall be provided or maintained by or on behalf of the Corporation at the expense of the owner and the expense incurred in doing so shall be recovered: 13.1 by use of any cash or security bonds furnished to the Corporation under section 3.4 of this by-law; 13.2 by action; 13.3 in a like manner as municipal taxes; 13.4 in annual installments payable by the owner,with interest,not exceeding ten years. REPEAL OF BY-LAWS 14.0 By-law No. 2302, adopted by the former Township of Bayham July 3, 1986, and By-law No. 2645, adopted by the former Township of Bayham October 29, 1991, be and the same are hereby repealed. RE• I FIRST A► I SECOND TIME THIS 7TH DAY OF JULY 2005 _ ter ayo Clerk READ a THIRD TIME AND FINALLY PASSED THIS /itk DAY OFac..5zwt 2005 s t' r Li M.dor / Cler' 4 Schedule"A" Excerpts-Section 41 (Planning Act) 5 rhedule"A" Excerpts-Section 41 (Planning Act) Approval of plans or drawings (4)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 (I2), 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). 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 arc 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;and (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, but which exclude the layout of interior areas, other than the interior walkways, stairs, elevators and escalators referred to in clause(c),the colour,texture and type of materials,window detail,construction details, architectural detail and interior design. Conditions to approval of plans (7)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: I. 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. 4. Walkways and walkway ramps,including the surfacing thereof,and all other means of pedestrian access. 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); (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). 6 Schedule"B" Sample Agreements 7 SITE PLAN AGREEMENT AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Part Lot_, Concession 8 THIS AGREEMENT made this'day of ,2005. BETWEEN: 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 Part of Lot Concession more particularly described in Schedule"A" attached hereto (and hereafter referred to as the"Lands"); AND WHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto,as Schedule"A"(and hereafter referred to as the"Plan"); AND WHEREAS the Municipality, as a condition of development of 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: 1. The Owner agrees that no building permit will be available until the Plan has been approved by the Municipality, and further agrees that work will not commence prior to the issuance of the building permit. 2. The following Schedules, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: EXHIBIT"A"-SITE PLAN EXHIBIT"B"-SITE SERVICING PLAN EXHIBIT"C"-CERTIFICATE OF COMPLIANCE 3. Schedule"A"hereto describes the lands affected by this Agreement. 9 4. Exhibit"A"-Site Plan, shows: 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 shows the lighting including flood lighting,of the land or any building or structure thereon; f) the location and provision for the collection and storage of garbage and other waste material 5. The Owner agrees that the building or buildings will be erected in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6. Exhibit"B"- Site Servicing Plan shows: 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 7. The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 8. 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 the final release of the Letter of Credit. b) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply with The Construction Safety Act. 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 an enclosed type located as shown on the Site Plan designed in a manner satisfactory to the Municipality. 10 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 property limits. h) no topsoil shall be stockpiled on any other portion of the Owner's lands except those lands identified in Schedule"A"to this agreement; and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the 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. i) stock-piling of snow will not be allowed on the site where it will constitute a hazard in the opinion of the Municipality. j) the electrical servicing of the property shall be subject to the approval of Hydro One. k) upon failure by the Owner to do any act during the development period 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. 1) the Municipality may treat any breach of this Agreement as a breach of the Building By- Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. m) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by- law of the Municipality or any other law. 9. The Owner shall: a) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 10. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the Long Point Region Conservation Authority and the Ministry of the Environment. 11. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s)to the satisfaction of the Municipality's Fire Chief 12. The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Municipality at the expense of the Owner,within thirty(30)days notice. 13. Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 14. The Owner shall landscape and maintain plants and ground cover acceptable to the Municipality, on those lands so indicated on the Site Plan. 15. 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 extension,provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension,until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer, certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this 11 development or redevelopment,have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 16. The Municipality,through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 17. In the event of any servant, officer or agent of the Municipality, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith,place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 18. 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. 19. 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. 20. In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. 21. In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, 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 of passage of such By-Law, that such matter or thing be done by the Municipality, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 22. Unless otherwise authorized, in the event of the Owner wishing to change at any time, the buildings, structures or facilities described n Exhibit"A" and"B", it shall make application to the Council of the Municipality of Bayham, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 41 of The Planning Act, 1990,hereinbefore referred to. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 24. CAPITAL CHARGES The following capital charges are to be paid at the time that this Agreement is signed. 25. SITE PLAN REVIEW FEE The Owner shall pay to the Municipality, in cash or by certified cheque, an amount of Dollars,per application, for Site Plan Review. 12 26. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of $ _ per occurrence, and in a form satisfactory to the Municipality, indemnifying the Municipality from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Municipality. 27. PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before . It will be the Owner's responsibility to require, in writing,•an extension to this agreement/project, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit, equal to $ . The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains,and any repairs for damages to public property, roadway, curbs and gutters and drains, plus all site specific components as defined by the Site Plan, "Exhibit A", and the Site Servicing Plan, "Exhibit 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 from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the Municipality, shall be provided at the time of signing of this Agreement, and shall remain in force,until Twelve(12)months following the completion of this project. 28. 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. 29. In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Municipality may, at its option, on one month's notice to the owner,declare this Agreement to be subject to re-negotiation,whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. 30. 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. 31. 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. 32. 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. 13 33. 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. 34. A Certification of Compliance attached hereto as Exhibit "C", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF,the Parties hereto have hereupon,affixed their Corporate Seal,duly attested to by their authorized signing officers in that behalf. OWNER CORPORATION OF THE MUNICIPALITY OF BAYHAM MAYOR CLERK 14 EXHIBIT"C" CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement By-law No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. Witness Signature: Name of Owner: Address: Phone Number: 15 U d A d at • a°'i CAw Schedule"C" Fees The application fee for Site Plan Approval in the Municipality of Bayham is$1,000.00+any applicable GST payable to the"Municipality of Bayham". The application fee for appeal of the Council decision to the Secretary of the Ontario Municipal Board is $125.00 payable to the"Ontario Municipal Board". 17 Schedule"D" Commercial Wind Farm Site Plan Requirements 18 NOTES EXAMPLE 1ypN6 FARM 1w!)lone aecuirements KEY MAP — Minimum lot area and lot frontage for established wind turbine: WiA ■ c [kat LOT CCOICCISON° vera a) 10.0 ha �I b) 100.0m — Minimum yard width/depth is 1.0 times the total length of �, i the rotor blade, plus 10.0m, from the base of the tower to tet+ S the wind farm zone boundary and any public road ROW limit, but not less then 30m. Marti O,.ird lar. 0 0 0 0 0 '3 0 0 0 0 0_ 0 0 0 0 0 o ao — Minimum Setbacks: a) From an on—site residential dwelling Is 1.25 temee the — height of the wind turbine or 250m, whichever __ w �� — tarn a MOCROO.I is greater. berme ea ; o uor+7 b) From an off—site residential dwelling or institutional r.,aesoa o.r,. "C building hi 300m. Frtono p• � ?II 1e c) From a Hamlet Reeidentlal or Hamlet Commercial Zone ��r) 0 • o.ar is 450m. � w�,ba�rw +date CO From the Amite of the 'Village of Part Burwell is 600m. 0�R ew.,ow'°ddr — Maximum lot coveroge for wind turbine structures, accessary buildings and structures, road access, storage area and any r+� area removed from agricultural production shall not exceed 3 �0." Z O of the lot area. rr O io Site Plan Reauirements Trepard Ammo a • l I — Key map, title, location, dote, north arrow, and scale Nudism.appred 011110 0 — Waiting and proposed adajaoent roads, rail lines, parking Maw Wu* area, driveways to be included with road names. O — Exisiting property boundary with dimensions, and area ' calculations. - wee.b0" — Adjacent land uses and ownership. f. .. el 54if.rr.fJ • . .�.. • '• e —cExiExiigh stnh tig and propaot d on sitge and structures (use. JL•4 '•..r., Ll W yt, . A 0 /�` — Adjacent buildings and structures (use & location). / .J'� \ ` • _ 4t '•".ct'W a �,' 0 — Exlslting watercourses, ditches. and bodies of water I 4 1 >a n, . ci (location, direction of Now, approximate extent of any \ \ / \f��\ Roadway/hazard limits). J I`J ti 1 Ci a:- _ ' µ. ° — Existing natural feotues (woodlots, tree rows. etc.) ...— ..••••� ,` "y .- - "9 N v , I — Proposed signage (location, size, details) and lighting " : R •, 0 (height, direction). / .. �� . . : '.'u :-e,. — Proposed grading where any significant changes are being re ... • f+h o mode (culverts, ditches, etc.) k ,' — y. L1� ,a eve Q — Proposed fencing, landscaping, outdoor storage, —.— L. `= and collection facilities r.tllr of oalo.R . atm w �' `\ N. owweeireeet \ Eddins old or t.e. — Proposed overhead and underground wires (location). rework ewe \ sree.a.a nW .....-... : .. : Schedule "D" .............................. ..................... ;x �o Wind Farm Site Plan ........... : .......:. : ::::::::::::::: ": : Requirements LAKE ERIE sS:::i:;::i::::"•:::::::::::"—"--- -4;::::.....:::::::.::::.:.:::::::.-x,:•:::::::::::::::: 1:7500 MUNICIPALITY OF BAYHAM STANDARD PRACTICE SHEET