3553-2022 Authorize Execution of Site Plan Control Agreement (Coville)
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN CONTROL AGREEMENT
Passed by Council February 7, 2022
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3553-2022
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
SITE PLAN CONTROL AGREEMENT
WHEREAS the Council of the Corporation of the Township of Augusta deems it advisable to enter into a Site Plan Control Agreement with Todd John Coville respecting the development of part of a property described as:
PT LT 25 CON 2 RP15R10653, Parts 3 to 7, 10, 11; Pt. Parts 2,8 and 9, Township of Augusta, United Counties of Leeds and Grenville Roll No. 070600004005110, more specifically in relation to the area of the property addressed as 2328 Second Concession Rd., which contains three (3) existing storage buildings (each 225 sq.m. in size) and a fourth storage building (225 sq.m. in size) being proposed to the west side of the three existing storage buildings.
AND WHEREAS Authority is granted under Section 41 of the Planning Act, RSO 1990, c.P.13, as amended, to the Council of the Corporation of the Township of Augusta to enter into such an agreement.
NOW THEREFORE the Council of the Corporation of the Township of Augusta hereby enacts as follows:
- THAT the Corporation enter into a Site Plan Control Agreement with Todd John Coville to provide site plan control with respect to the said lands, 2328 Second Concession Rd., more particularly described in the Agreement, to permit the proposed mini-storage/warehouse building construction;
- THAT the Mayor and the Clerk are hereby authorized to execute an appropriate agreement with Todd John Coville, with respect to development at 2328 Second Concession Rd. and the agreement be registered on title to the subject lands;
- THAT this By-law shall come into force and effect upon the date of the final passing thereof.
Read a first, second, and third time and finally passed this 7 day of February, 2022.
Signed by Mayor Doug Malanka and Clerk Annette Simonian
SITE PLAN AGREEMENT
THIS AGREEMENT made this day of , 2022.
BETWEEN
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
(Hereinafter called “the MUNICIPALITY”) .
OF THE FIRST PART
AND
TODD JOHN COVILLE
(Hereinafter called “the OWNER”)
OF THE SECOND PART
WHEREAS the Owner(s) has-applied for site plan approval on part of lands herein described
in Schedule “A” of this Agreement, municipally known as 2328 Second Concession Rd.,
which lands also contain the Owner’s residence addressed as 2502 Rocky Rd., the land area
being identified as part of assessment roll 0706 000 040 05110;
AND WHEREAS the intent of the Owner is to construct and maintain a. mini-warehouse and
public storage facility, on the lands. zoned RUX-12, Rural Exception 12 in the vicinity of lands
addressed as 2328 Second Concession Rd., as zoned by By-law No. 3296-2017, which
amended the Municipality’s Zoning By-law 2965, as amended;
AND WHEREAS authority is granted pursuant to Section 41(7) (c) of the Planning Act to
enter into agreements imposed.as a condition to the approval of development;
AND WHEREAS the Owner(s) warrants that he/she is the Owner(s) of the lands described
in Schedule “A” of this Agreement; ·
AND WHEREAS the Parties hereto have agreed that the specific provisions as set forth
herein shall be met by the Owner(s) as a condition to the approval of the development of the
subject lands;
NOW THIS AGREEMENT WITNESSETH that in consideration of the approval by
Council of the Site Plan Drawing _and other good and valuable consideration, the Owner
hereby agrees with the Municipality as follows:
1. LANDS AFFECTED
The lands affected by this Agreement are located on part of Lot 25, Concession
2, being Parts 3 to 7, 10 and 11, Pt. Parts 2, 8 and 9 of Reference Plan 15R-
1 0653 in the Township of Augusta, United Counties of Leeds and Grenville as
shown on Schedule “A” attached hereto and forming part of this Agreement. The ·
area of the lands affected by this agreement are as detailed under Schedule “C”.
2. SCHEDULES TO THE AGREEMENT
The following schedules are attached to and form part of this Agreement:
Schedule A – Description of Land, Prepared By Municipality
Schedule B – Security for Works, – Nil.
Schedule C – Site Plan Drawing, Prepared by Todd John Coville
Schedule D – Deeds or Grants of Easement, – Nil.
Schedule E – Municipal Conditions, Prepared by Municipality
3. SCOPE OF WORK AND ADMINISTRATION:
A. The Owner represents and warrants that he/she is the registered
and beneficial owner of the Lands described in Schedule “A”.
B. The Owner covenants and agrees to prepare entirely at its own cost
and expense all ·plans, specifications, profiles, contours, and other
engineering material, drawings and data required, in the opinion of
the Municipality acting reasonably, to implement this Agreement.
C. Owner shall comply with any amendments, additions or deletions to
the Site Plan Drawings that the Municipality may .reasonably require
after the date of this Agreement in order to better ensure the proper
and orderly development of the Owner’s Lands and the construction
of the works and facilities required by this Agreement.
D. The Owner covenants and agrees to construct and install and
maintain all of the works, as the case may be and as more
particularly set out in this Agreement.
E. If the Owner improperly performs the work or abandons any part of
the work before its completion, or unreasonably delays the work so
that the conditions of this Agreement are being violated, or fails to
carry out maintenance or repairs required by this Agreement, then in
any such case the Clerk shall promptly notify the Owner in writing of
such default, failure, delay or neglect, and if such default, failure, delay
or neglect continues for fifteen (15) clear days after such notice then in
that case the Municipality shall thereupon have full authority and power
to immediately complete the work in accordance with good engineering
or landscaping practice at the Owner’s expense; and to add the cost
thereof to the Collector’s Roll for the said lands and to collect the said
costs, with interest, in like manner as municipal taxes.
F. The Owner shall ensure that the requirements of this Agreement
and the Site Plan Drawing are brought to the attention of its
contractors, employees and workers prior to the start of any
construction and shall exercise due diligence at all times with .
respect to the design and construction of all matters associated
with this project.
G. The Owner acknowledges and agrees that all materials to be
supplied by the Owner with respect to the development shall be of
good quality and appropriate in design and construction for the
facilities to be installed.
H. The Owner shall deliver to the Municipality those deeds or grants of
easement or rights-of-way as may be set out on Schedule “D”.
4. OTHER APPROVALS
Prior to the commencement of any construction, the Owner shall at its own cost
obtain all other permits and approvals that may be required not only from the
Municipality, but also from any other agency or authority having jurisdiction
including, but not limited to the applicable conservation authority, the Ministry of
Transportation and the Ministry of the Environment, Conservation and Parks.
The Owner further covenants and agrees that nothing in this Agreement releases
the Owner from the obligation to comply with the provisions of all other by-laws of
the Municipality that may now or in future be in effect.
5. SITE PLAN DRAWING
All construction shall comply with requirements included in Schedule “C” -Site Plan
Drawing.
The Owner shall, at its sole risk and expense and to the satisfaction ·of the
Municipality, construct, extend, install, maintain, reinstate, restore or retain all
buildings, structures, other works and landscaping in compliance with the site plan
drawings as set out in Schedule “C” and all other terms of this Agreement.
The Owner further acknowledges and agrees that the site plan drawing set out in
Schedule “C” to this Agreement shall not be altered except by an amendment to this
Agreement and shall be subject to the prior approval of the Municipality.
6. SEWAGE DISPOSAL
The Owner agrees to comply with the Ontario Building Code Act or the Ontario
Water Resources Act whichever applies with respect to the future installation of
any sanitary sewage works and further shall comply with any Environmental
Compliance Approval (ECA) issued by the Ministry of the Environment,
Conservation and Parks, if required. The Owner shall provide a copy of all
permits or approvals issued by the approval authority to the Municipality upon
demand. Any future sewage disposal installation shall not alter the lot grading
and drainage as included under Schedule “C”.
7. WATER SUPPLY
The Owner agrees to comply with the requirements of the Ontario Water
Resources Act with respect to the future installation of any water works and
further shall comply with any Environmental Compliance Approval issued by the
Ministry of the Environment, Conservation and Parks. The Owner shall provide a
copy of all approvals issued by the approval authority to· the Municipality upon
demand.
8. DRAINAGE AND SITE ALTERATION
Drainage and site alterations shall comply with the Grading and Stormwater
Management Plan attached included/identified on Schedule “C”.
The owner shall maintain grades and drainage flow in accordance with the plan
and arrow direction of drainage flow as included on Schedule “C” to ensure no
off-site impacts onto abutting properties. The maintenance of adequate
stormwater/drainage management shall be to the satisfaction of the
Municipality’s Drainage Superintendent. If ever required by the Municipality’s·
Drainage $uperintendent in the future, should it be deemed that on-site drainage
requires more. formal consideration at any time, the Municipality’s Drainage
Superintendent may require the Owner to retain a qualified professional, such as
a professional engineer, to prepare a stormwater/drainage management brief to
ensure that no off-site impacts onto abutting properties is resulting and take any
remediation measures as may be required. This shall be undertaken at the sole
cost and expense of the Owner and provided forthwith upon request of the
Municipality’s Drainage Superintendent.
The Owner acknowledges that only very minimal alteration to the subject lands
shall be permitted through minor grading and gravelling provided that the
alterations do not affect the existing drainage pattern of the property. The Owner
hereby agrees that no contouring, grading, filling, cutting, site alteration, or
changes to elevation or paving shall be undertaken except in conformity to an
approved drainage and site alteration plan and that such changes shall be by
way of an amendment to this Agreement. The owner agrees that any such
alterations shall. be designed by a professional engineer and shall be subject to
approvals as may be determined by the Municipality. Notwithstanding the above,
minor changes to the plans may be made by the Owner with the consent of the
Municipality. Where substantive changes are made,· an amendment to the
agreement may be warranted, at the direction of the Municipality.
9. LANDSCAPING
The Owner agrees to provide and maintain a vegetative screening/plantings
between the proposed units and the adjacent residential property to the west, to
the satisfaction of the Municipality. Trees/landscaping shall be provided along the
Owner’s property boundary to the west, as generally shown on Schedule “C”.
Although the planting strip is identified in immediate proximity to the property line,
it is recognized that a continuous planting strip slightly off-set from the property
line may be required to ensure that the vegetative strip and the species planted
will be successful. While an off-set from the west property line is possible, the
intent is that the plantings afford a screening of the Owner’s, lands and built
structures from the adjacent west residential use lot The plantings shall be at
the Owner’s sole cost and expense.
The vegetative planting strip shall be installed by the Owner prior to November 2,
2022, or by the completion of the fourth Mini-warehouse building, whichever is
later. The completion date shall be the date an occupancy permit is issued by
the Municipality’s Chief Building Official.
The land area of the property in the vicinity of the Mini-warehouse or storage
buildings, as shown on Schedule “C”, not required for buildings, parking,
driveways/access around the building, shall be maintained as green areas and
the grass appropriately maintained and cut, to the satisfaction of the Municipality.
10.LIGHTING AND ILLUMINATION
The Owner shall direct any lighting on the property as identified on Schedule “C”
downward to minimize the impact of light intrusion onto adjacent lands. This shall
be done to the satisfaction of the Municipality. In the event that the Municipality
has any current or future concerns with spillage of lighting of the property limits,
the Municipality can request that the Owner obtain a professional lighting/
engineering assessment to ensure no off site lighting impacts· and compliance
with the Municipality’s Zoning By-law 2965, as amended. This shall be done at
the sole cost and expense of the Owner and the Owner shall comply forthwith
with any lighting recommendations that may result from this report.
Under the Municipality’s Zoning By-law 2965, as amended, Section 6.1
Illumination provides the following, which also requires compliance therewith to
the satisfaction of the Municipality: Illumination of buildings and grounds shall be
permitted provided that: illumination shall not cause direct or indirect glare on a
street that may interfere with traffic or pedestrian safety; illumination shall not
consist of a colour or be so designed or located that it may be confused with traffic
signals and; illumination shall not cause direct or indirect glare on adjacent
properties.
11.ZONING AND BUILDING RESTRICTIONS
The Municipality shall regulate by by-law the zoning of and the building standards in
all areas where applicable within the boundaries of the lands affected by this
Agreement. It is understood and agreed that nothing in this Agreement shall relieve
the Owner of the obligation to comply at all times, including during construction if so
directed by the Chief Building Official, with the Zoning By-law, as amended and any
building by-law of the Municipality.
12.BUILDING PERMITS-DEFAULT
Pursuant to the Building Code Act, the Owner agrees that building permits may
be withheld or the issue of them stopped, if the Owner, in the opinion of the Chief
Building Official is in default under this Agreement, until such time as such
default can be rectified.
13.TIMING
Except as may otherwise be provided for in this Agreement, the Owner shall
complete the construction of all works and facilities within one calendar year of
the date of occupancy of the building; but in cases of undue hardship, the
Municipality may extend in writing any time for completion required by th1s
Agreement.
14.INDEMNITY
The Owner(s) on behalf’ of itself, its successors and assigns entitled hereto
covenants and agrees to indemnify ·and save harmless the Municipality and its
officers, servants and agents from all loss, damages, costs, expenses, actions,
causes of action, duties, suits, claims or demands or other proceeding of every
nature and kind whatsoever which arise directly or by reason of the development
of the lands governed. by this Agreement including the construction and
maintenance of any works.
15.NOTICES
Any notices required to be given hereunder may be given by registered mail
addressed in the case of the Municipality to:
Clerk
Township of Augusta
3560 County .Road 26
R. R.#2
Prescott, ON KOE 1TO
Tel. (613) 925-4231. Fax. (613) 925-3499
And in the case of the current Owner to:
Mr. Todd John Coville
2502 Rocky Road ·
Brockville, ON K6V 5T1
and shall be effective as of the date of deposit thereof in the post offices or such
notice may be served personally upon the appropriate officer of either party hereto
named.
16.SUBSEQUENT PARTIES
This Agreement shall be binding upon the parties hereto, their respective heirs,
executors, administrators, successors and assigns. Where Notices under
Subsection 15 above is to be given to subsequent Owners, Notice to the Owner
shall be in accordance with the Owner and mailing information held in the Clerk’s
office by the-collector’s roll information related to the lands described in Schedule
“A”.
17.REGISTRATION OF AGREEMENT
The Owner consents to the registration of this Agreement, at the Owner’s
expense, against the title to the Owner’s lands and, in accordance with s. 41 (10)
of the Planning Act, all of the terms and conditions of this Agreement may be
enforced against the Owner and any and all subsequent owners of the Owner’s
Lands. The Owner shall not make any application or permit or authorize any
person to make application, to remove notice of this Agreement from the title
to the Lands, without approval of the Municipality.
18. RIGHT TO ENTER AND INSPECTION OF WORKS
The Owner(s) agree(s) to carry out the works in accordance with the terms and
conditions specified herein. In default of the Owner(s) completing the works as
required herein and in addition to any other remedy, the Owner(s) hereby authorizes
the Municipality, its officers, servants, agents and employees to enter on the subject
lands and to complete the works at. the Owner(s)’ expense; and to add the cost
thereof to the Collector’s Roll for the said lands. and to collect the said costs, with
interest, in like manner as municipal taxes.
The inspection of such works may include the Municipality requesting a certificate by
a qualified professional that all works have been completed and/or maintained in
accordance with schedule “C” and the terms of this Agreement at the. sole
cost/expense of the Owner.
19.MUNICIPAL FEES
The Owner agrees to pay the legal, engineering, landscape architectural,
planning and administrative costs incurred by the Municipality to process the Site
Plan Drawings, including but not limited to, the preparation of this Agreement and
registration on title and all plans and specifications, and the supervision and
inspection of the Works.
Where the Municipality incurs fees related to this Site Plan Agreement, the
Municipality shall invoice the Owner forthwith and request remittance of payment.
If the Owner does not pay within the requested timeline of the Municipality, the
Municipality may add the invoiced cost to the Collector’s Roll for the Owner’s
land and collect the said costs, with interest, in a like manner as municipal taxes.
20. FINANCIAL SECURITY
Before this Agreement is executed by the Municipality, the Owner may be
required by the Municipality to deposit with the Municipality a sufficient sum in
cash or an irrevocable letter of credit or other financial· security acceptable to the
Municipality and herein referred to as the “financial security” to meet the financial
requirements of this Agreement as set out in Schedule “B”. If such letters of
credit or other financial security contains an expiry or termination date, then, until
the final acceptance of the works by Council, the owner shall continue to
redeposit new irrevocable letters of credit or financial security in the same
manner as provided in the preamble of this clause until the final acceptance of
the works by Council.
Upon approval of the required works by the Municipality, the Municipality agrees
to release the financial security. The approval of such works or part thereof shall
be dated .as of the date of the Owner’s application for approval thereof or
following the inspection of same by the Municipality.
21.DEFAULT AND RELEASE OF SECURITY
After having first notified the Owner, the Municipality may at any time authorize
use of the whole or part of the amount of the financial security referred to in
Schedule “B” thereof to pay the cost of any work that the Municipality deems
necessary to rectify default by. the Owner or its assigns, or to pay the cost of any
matter for which the Owner is liable under this Agreement, whether such cost is
in relation to construction or installation of any works or service or any defects or
required maintenance. ·
22.SEVERABILITY
It is intended that all provisions of this Agreement shall be fully binding ·and
effective between the parties, but in the event that any particular provision or
provisions or a part of one is found to be void, voidable or unenforceable for any
reason whatsoever, then the particular provision or provisions or part of the
provision shall be deemed severed from the remainder of this Agreement and all
other provisions shall remain in full force.
23.INTERPRETA TION
All covenants in this Agreement shall be construed as being joint and several and
that, when the context so requires or permits, the singular number shall be read
as if the plural were ·expressed, and the masculine gender as if the feminine or
neutral gender, as the case may be, were expressed.
24. LAPSING OF AGREEMENT
Notwithstanding any other provision to the contrary, this Agreement shall, at the
option of the Municipality, lapse and be of no further force and effect if the
building permit expires or is revoked, or if construction of the building shown on
Agreement.
25.ARBITRATION
Any dispute between the parties with respect to this Agreement shall, at the
request of a party, be submitted to arbitration pursuant to the Arbitrations Act and
the decision of the arbitrator or, if more than one, the decision of a majority shall
be final and binding on the parties.
Each party shall pay its .own costs of the arbitration and shall share equally the
costs of the arbitrator(s).
WITNESS the signature and seal of the parties hereto.
THE CORPORATION OF THE TOWNSHIP
OF AUGUSTA
Signed by Mayor Doug Malanka and Clerk Annette Simonian
-AND-
Signed by Todd John Coville, witnessed by Melissa Banford
THIS AGREEMENT IS AUTHORIZED BY BY-LAW NO. 3553-2022.
DATED THIS 12 DAY OF OCT 2022.
Schedule “A”
DESCRIPTION OF LANDS
The lands affected by this Agreement are located in Part of Lot 25, Concession 2, being
Parts 3 to 7, 10 and 11 and Parts 2,8 and 9 of Reference Plan 10653 in the Township of·
Augusta, in the United Counties of Leeds and Grenville.
Schedule “B”
SECURITY FOR WORKS
Minor Site Alterations = $nil
Construction of Buildings and sewage/well = $nil
Total Costs = Nil
In accordance with clause 20 of this Agreement, the Owner shall deposit with he
Treasurer of the Municipality at the time of entering this Agreement cash or a letter of
credit in the amount 100% or NIL, as security for the performance of the owner’s
obligations under this Agreement.
Where such deposit is made, upon completion to the satisfaction of the Municipality of
the works and facilities to be constructed in accordance with this Agreement and the
performance by the Owner of all other obligations under this Agreement, the security or
any balance thereof remaining shall be returned without interest to the Owner.
Notwithstanding whether security is required by this Agreement or not, if the Owner is in
default of any works to be done, under clause 18 of the Agreement the Municipality has
the authority to undertake the works and add the cost thereof to the Collector’s Roll.
Schedule “C”
SITE PLAN DRAWING
The Site Plan Drawing is hereby understood to include the following:
THE ORIGINAL SITE PLAN DRAWING IS NOW ON FILE IN THE OFFICE OF THE
MUNICIPALITY AND SHALL BE REFERED TO IN THE EVENT OF ANY DISPUTE.
Schedule “D”
DEEDS OR GRANTS OF EASEMENT
None.
Schedule “E”
MUNICIPAL CONDITIONS
Municipal Council resolution related to Report 2021-108, November 22, 2021, provided
approval to the site plan with the following conditions:
(1) The Owner shall submit a stormwater/drainage management plan/brief to the
satisfaction of the Municipality’s Drainage Superintendent AND Schedule “C” with
drainage details was subsequently confirmed to be to the satisfaction of the
Drainage Superintendent.
(2) The Owner. shall install screening between the proposed storage units and the
adjacent residence to the west, to the satisfaction of the Municipality, including
the trees/landscaping ·identified in the site plan along the property boundary to
the west, prior to November 22, 2022 or completion-of the fourth structure,
whichever is later AND this has been capture under Clause 9 of the Agreement
and in accordance with Schedule “C”.
(3) The Owner shall satisfy the requirements of Ontario Hydro as provided in their
letter to the Municipality dated November 16, 2021, such that Ontario Hydro
provides a written release of their conditions to the Municipality AND Ontario
Hydro subsequently provided confirmation that they no longer have any
requirements related to this site plan.
(4) The Owner shall direct lighting downward to minimize the impact of light intrusion
on adjacent lands AND this has been captured under Clause 10 of the
Agreement.
(5) The Owner shall enter into a Site Plan Control Agreement with the Municipality
and register the agreement on title AND this will be accomplished by the signing
of this Agreement and the Agreement being registered on title, at the Owner’s
sole cost/expense.
