HomeMy WebLinkAboutBy-law No. 2005-067 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW 2005-067
A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK
TO EXECUTE AGREEMENTS FOR THE ISSUANCE OF
CONDITIONAL CONSTRUCTION PERMITS
FOR WIND TOWER STRUCTURES
BY THE CHIEF BUILDING OFFICIAL
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous
that the construction of Wind Turbine Towers in the municipality be undertaken in an
expeditious manner;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is
desirous of authorizing the Chief Building Official to issue conditional permits for the
construction of Turbine Towers in the Municipality of Bayham prior to the Owner and/or
its authorized Agent meeting all requirements to obtain a building permit pursuant to s.
8(2) of the Building Code Act, 1992, S.O. 1992, c. 23;
AND WHEREAS the Council of the Municipality of Bayham is in agreement that
meeting such requirements would unreasonably delay the subject construction;
NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute Agreements
with the Owner(s) and/or the authorized Agent (as per the sample attached hereto as
Schedule "A") authorizing the issuance of conditional construction permits for
turbine towers by the Chief Building Official;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIIRD TIME AND FINALLY PASSED THIS
21ST DAY OF JULY 2005.
101
It A A Al: LigiN;-3
MA O CLERK
ScLed a ►e ' I "SAr1-• P1-6 t G-Rnom&nri
3/L 5- v4,7
THIS AGREEMENT MADE THIS DAY OF , 2005.
BETWEEN:
Hereinafter referred to as the"Owner"
OF THE FIRST PART
and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Hereinafter referred to as the"Municipality"
OF THE SECOND PART
WHEREAS the Owner and/or its authorized Agent have requested a conditional
permit from the Municipality prior to meeting all requirements to obtain a building
permit pursuant to s. 8(2) of the Building Code Act, 1992, S.O. 1992, c. 23, for the
construction of Turbine Tower#
in the Municipality of Bayham;
AND WHEREAS the Chief Building Official is satisfied that meeting such
requirements would unreasonably delay the subject construction;
AND WHEREAS the Chief Building Official is satisfied that the proposed
construction does comply with all applicable Zoning By-law requirements;
AND WHEREAS the Chief Building Official considers the restoration of the site
to be feasible in the event that all the necessary approvals are not obtained;
AND WHEREAS clause 8(3)(c)requires that the Owner and the Municipality
have entered into an agreement in writing;
NOW THEREFORE WITNESSETH that in consideration of the mutual
covenants expressed and other good and valuable consideration,the Parties agree as
follows:
The Lands
1. The lands affected by this Agreement(the"Lands")are as follows:
in the Municipality of Bayham
The Construction
2. The construction affected by this Agreement(the" Construction")is that
"foundation"construction proposed in an application for a building permit filed
with the Municipality and identified as Application/Permit Number#
The Lands are those lands described on the building permit application.
Indemnity
3. Pursuant to s. 8(3) of the Building Code Act, 1992,the Municipality agrees to
request that the Chief Building Official issue a conditional permit for the
Construction to be erected on the Lands provided that the Owner agrees to assume
all risks involved in commencing construction before every requirement for a
building permit has been met. The Owner agrees to indemnify and save harmless
the Municipality and the Chief Building Official from and against all claims
arising from the issuance of the conditional permit,pursuant to subclause
8(3)(c)(i) of the Act.
Conditions
4. The Owner hereby agrees:
a) to obtain necessary road entrance permits before a building permit is
issued;
b) to obtain approval from the Municipal Road Superintendent for truck
routes and weight limits for construction equipment before a building
permit is issued;
c) after a building permit is issued, to ensure that all approved truck routes
and weight limits are observed;
d) to file any required plans and specifications of the complete building
within ninety(90) days following the issuance of the conditional permit;
e) to provide a geotechnical engineer's report before proceeding with
construction;
f) to stop the Construction and secure the site on the Lands to the satisfaction
of the Chief Building Official if, in the opinion of the Chief Building
Official, any impediment arises to prevent the lawful continuation of the
Construction;
g) to have a geotechnical engineer or representative available at all times
during construction and to provide a copy of the field notes taken by this
person;
h) to remove the Construction and restore the site, at the Owner's sole
expense, if all necessary approvals have not been obtained ninety(90)
days following the issuance of the conditional permit;
i) to apply for and to obtain site plan approval from the Municipality;
j) to comply with all development standards that are applicable to the Lands
including but not limited to site servicing, grading, tree protection, fire
protection, and storm water management;
k) to provide and maintain access for emergency vehicles and water supply
to the satisfaction of the Municipality of Bayham and its agents;
1) to submit landscaping plans to the satisfaction of the Chief Building
Official.
Restoration of Site
5. The"site restoration"referred to in this Agreement shall be to the conditions
present at the time of application for a building permit and shall include the
removal of all construction,the replacement of all vegetative matter,the
stabilization of slopes and the restoration of drainage patterns. Restoration must
seriously commence within thirty(30)days of notice by the Chief Building
Official.
Restoration by Municipality
6. If the Chief Building Official determines that the Construction has not been
removed or a site restored as required by this Agreement,the Chief Building
Official may cause the Construction to be removed and the site restored. For this
purpose, the Chief Building Official, inspectors and their agents may enter upon
the Lands and into the Construction governed by this Agreement at any
reasonable time without a warrant.
Municipal Cost Recovery
7. Should costs associatedwith the restoration of the site be incurred by the
Municipality, the Municipality shall have a lien on the land for such amount and
the amount shall be deemed to be, and may be collected in the same manner and
with the same priorities as,municipal taxes.
Subseauent Owners
1. This Agreement may be registered against the Lands and the Municipality is
entitled to enforce its provisions against the Owner and, subject to the Registry
Act, R.S.O. 1990, c. R.20, and the Land Titles Act, R.S.O. 1990, c. L.5, any and
all subsequent owners of the Lands.
Release
2. Upon the issuance of a building permit pursuant to the full application referred to
in paragraph 2,the Municipality shall provide the Owner with a registerable
release of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto caused to be affixed
their respective seals, attested by the hands of their proper officers duly authorized in that
behalf, on this day of , 2005.
SIGNED,SEALED AND DELIVERED ) THE CORPORATION OF THE
in the presence of ) MUNICIPALITY OF BAYHAM
)
) Per:
)
) Lynn Acre, Mayor
)
) Per:
)
) Lynda Millard, Clerk
IN WITNESS WHEREOF the Parties hereto have hereunto caused to be affixed
their respective seals, attested by the hands of their proper officers duly authorized in that
behalf, on this day of , 2005.
SIGNED, SEALED AND DELIVERED )
in the presence of )
) By their Authorized Agent
) AIM POWER GEN
CORPORATION
)
) Per:
)
) Name:
) Title:
) (I have authority to bind the
corporation.)
LIST 0 TURBINE TOWERS REQUIRING CONDITIONAL PERMITS
Turbine# Property Owner: Property Description:
Tower#13 Robert Thomas Carrel & South Part Lot 1, Concession 1, Part 1
Suzanne Lynn Carrel on Reference Plan 11R-6157
Tower#14 Robert Thomas Carrel & South Part Lot 1, Concession 1,Part 1
Suzanne Lynn Carrel on Reference Plan 11R-6157
Tower#15 Algar Farms Limited, North West % Lot 3, Concession 1
c%Eldon Walcarius
Tower#16 Algar Farms Limited, North West 'A Lot 3, Concession 1
c/o Eldon Walcarius
Tower#17 William George Ringland South West 'A Lot 4, Concession 2
Tower#18 Underhill Farms Ltd. c/o North Part Lot 5, Concession 1
Chad,Jammie&Randy Underhill
Tower#19 Underhill Farms Ltd. c/o North Part Lot 5, Concession 1
Chad,Jammie&Randy Underhill
ll .1 ri f, i ... ' . w , «. '•
-Chad,
Tower#21 David John McCord & East 1/2 Lot 5, South East %z and North
Michelle Elaine McCord East '/ Lot 6,Concession 2
Tower#22 David John McCord& East '/2 Lot 5, South East'/2 and North
Michelle Elaine McCord East '/ Lot 6, Concession 2
Tower#23 Gregory Underhill Farms Limited South Part Lot 11, Concession 2
Tower#24 Luc Remi Dujardin South Part Lot 19, Concession 1
Tower#25 Luc Dujardin & North Part Lot 20, Concession 1
Brenda Dujardin
Tower#26 John William Szakal North'/2 Lot 21, Concession 1
Tower#27 Luc Dujardin West 1/2 Lot 22,Concession 1
Tower#28 Jose Lopes Carvalho & East Part of Lots 22 &23, Concession 1
Rosa DeJesus Carvalho
Tower#29 Peter Piet Steyaert,Yvonne Steyaert West '/2 Lot 24, Concession 1
&Emile Janssens
Tower#30 Peter Piet Steyaert,Yvonne Steyaert West %2 Lot 24, Concession 1
&Emile Janssens
2
Tower#31 Cuthbert Ray Abbott& South '/ Lot 25, Concession 2, and
Marion Madeline Abbott South '/2 Lot 26, Concession 2
Tower#32 Cuthbert Ray Abbott& South '/a Lot 25, Concession 2, and
Marion Madeline Abbott South 1/2 Lot 26, Concession 2
Tower#33 Sandy Shore Farms Limited Part of Lots 26, 27 &28, Concession 1
do Robert Konrad &
Kenneth David Wall
Tower#34 Sandy Shore Farms Limited Part of Lots 26, 27 &28, Concession 1
do Robert Konrad&
Kenneth David Wall
Tower#35 Sandy Shore Farms Limited Part of Lots 26, 27 &28, Concession 1
do Robert Konrad&
Kenneth David Wall
Tower#45 Jammie Underhill Farms Ltd. Part Lot 8, Concession 1
3