3589-2022 Authorize Execution of Development Agreement (Reaney)
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT
Passed by Council September 26, 2022
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3589-2022
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT
WHEREAS Conditions (4) of the United Counties of Leeds and Grenville Consent
Granting Authority Decision on Applications B-i 82-21 and B-183-21, requested by the
Township, was imposed in accordance with Sections 51(26) of the Planning Act, R.S.O.,
1990;
AND WHEREAS Conditions (4) require that a Development Agreement be entered into
between the Township and the property owner related to the severed and retained lands
under Severance Applications B-182-21 and B-183-21;
AND WHEREAS the Council of the Corporation of the Township of Augusta deems it
advisable to enter into a Development Agreement with David Reaney for Part of Lot 15
and 16, Concession 6, in the Township Augusta, in the United Counties of Leeds &
Grenville, in order to fulfill said conditions of approval;
NOW THEREFORE the Council of the Corporation of the Township of Augusta hereby
enacts as follows:
1. THAT the Corporation enter into a Development Agreement with David Reaney
addressing Conditions (4) of the Consent Granting Authority Decision on
Applications B-182-21 and B-183-21, Vacant Lands Charleville Road, more
particularly described in the Development Agreement;
2. THAT the Mayor and the Clerk are hereby authorized to execute an appropriate
Development Agreement, to be attached hereto, to be registered on title to the
severed and retained lands under Severance Applications B-182-21 and B-183-
21;
3. THAT the development agreement attached hereto as Schedule ‘A’ shall form part
of this By-Law;
4. 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 26th day of September,
2022.
Signed by Mayor Doug Malanka and Clerk Annette Simonian
DEVELOPMENT AGREEMENT made this 8th day of December, 2022.
BETWEEN:
DAVID REANEY
Of the Village of Spencerville, in the County of Leeds & Grenville
Hereinafter called the “Owner” OF THE FIRST PART
And
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Hereinafter called the “Township” OF THE SECOND PART
WHEREAS, Condition (8) of Severance Applications B-182-21 and B-183-21 required
the property owner to complete an Environmental Impact Study for the subject lands.
AND WHEREAS the Municipality and the Owner have agreed to implement the
recommendations of the Environmental Impact Study (EIS) through a Development
Agreement related to the Severed Lands and the Retained Lands, as described in
Schedule “A” (“the Severed Lands” and “the Retained Lands”).
AND WHEREAS, the new resultant building lots on “the Severed Lands” and “the
Retained Lands” located in Part of Lots 15/16, Concession 6, in the Township of
Augusta, County of Grenville, are within 120 m of the PROVINCIALLY SIGNIFICANT
WETLANDS (PSW) designation under the Township’s Official Plan Schedule A.
AND WHEREAS, the new resultant building lot on “the Severed Lands” and “the
Retained Lands” have Significant Woodlands, and 120m Significant Woodlands
adjacent lands, under the Township’s Official Plan Constraints Schedule B.
AND WHEREAS, building envelopes have been identified on “the Severed Lands” and
“the Retained Lands” through an Environmental Impact Study prepared by BCH
Environmental Consulting mc, as shown on Schedule “B”.
NOW THEREFORE IN CONSIDERATION of the approval by the Consent Granting
Authority and to satisfy Condition (8) therein, the premises set out herein and other
valuable consideration, the sufficiency of which is hereby acknowledged, the parties
agree each with the other as follows:
1. The Owner hereby agrees to implement all recommendations as outlined in the
report entitled Environmental Impact Study (EIS) Charleville Road, prepared by
BCH Environmental Consulting Inc and dated July 2022, on both “the Severed
Lands” and “the Retained Lands”, including but not limited to the following:
1-All lands outside of the proposed building envelope are to be maintained
in a natural vegetated state.
2- The extent of any vegetation removal within the building envelope is to
be minimized where possible.
3-All rules governing septic systems and wells must be followed and be
kept in good operational order.
4- No ditches or watercourses are to be created. The site’s hydrology is not
to be impacted.
5- There will be no use of herbicides in clearing of vegetation.
6- Municipal by-laws and provincial regulations for noise will be followed.
7- To protect breeding birds, no tree or shrub removal should occur
between April 15th and August 15th, unless a breeding bird survey is
completed by a qualified biologist within five days of the woody vegetation
removal and identifies no nesting activity.
8-Any tree in the vicinity of works but not slated for removal will have its
critical roots zone protected by sturdy temporary fencing at least 1.3 metres
in height installed from the tree trunk to a distance of ten times the retained
tree’s diameter where possible.
9- No grading, heavy machinery traffic, stockpiling of material, machinery
maintenance and refueling, or other activities that may cause soil
compaction are to occur within three metres of the critical root zone of the
trees to be protected.
10- The root system, trunk, or branches of the trees to be protected are to
be protected and not damaged. If any roots of trees to be retained are
exposed during site alterations, the roots shall be immediately reburied with
soil or covered with filter cloth, burlap or woodchips and kept moist until the
roots can be buried permanently. A covering of plastic should be used to
retain moisture during an extended period when watering may not be
possible. Any roots that must be cut are to be cut cleanly to facilitate
healing and as far from the tree as possible. Overhanging branches from
protected trees that may be damaged during construction are to be pruned
by a qualified arborist prior to construction.
11- Exhaust fumes from all equipment during construction will not be
directed towards the canopy of the adjacent protected trees.
12- To discourage wildlife from entering the work areas during construction,
the site should be kept clear of food wastes and other garbage. Proper
drainage should be provided to avoid accumulation of standing water,
which could attract amphibians, birds, and other wildlife to the work areas.
13- All Category 2 Butternuts will be protected with a 25 m buffer or an
authorization under the Ontario ESA will be obtained for its removal or
harm and associated compensation.
2. Notwithstanding Section 1, the Owner further agrees that no development shall
occur on “the Retained Lands” until such time as a full OWES evaluation is
undertaken by a qualified consultant, to the satisfaction of the South Nation
Conservation Authority and the Township, and all recommendations resulting
from the OWES are implemented onsite.
3. The Owner agrees to construct future development on “the Severed Lands” and
“the Retained Lands” within the buildable areas as defined by BCH
Environmental and shown on Schedule ‘B’ attached hereto.
4. The Owner agrees that this Development Agreement will be registered on title to
“the Severed Lands” and “the Retained Lands”.
5. The Owner acknowledges that a portion of the subject lands is regulated by
South Nation Conservation Authority under O.Reg. 170/06, and that the
Conservation Authority should be contacted before any development or site
alteration occurs on the property.
6. The Owner acknowledges and agrees that the Township may rely on this
Agreement as an estoppel in any action commenced by the Owner related to the
Township’s refusal to issue a building permit where the Owner is in breach of this
Agreement.
6. The Owner shall indemnify the Township against all actions, causes of action,
suits claims, charges, fees, regulatory orders, prosecutions, expenses (including
legal costs on a full recovery basis) and demands whatsoever that may arise
from the actions of the Owner, that are not caused by the negligent acts of the
Township, its employees, servants and agents, related in any way to this
Agreement.
7. The Owner agrees to pay all costs of the Township associated with this
Agreement with the intent that the Township shall not incur any expense arising
from the preparation, implementation or enforcement of this Agreement unless
otherwise expressly stated, and every obligation of the Owner under this
Agreement shall be deemed to include the words “at the expense of the Owner”,
unless specifically stated otherwise.
8. Any dispute between the parties with respect to this Agreement shall, at the
request of a party, be submitted to arbitration pursuant to the Arbitration 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.
9. Each party shall pay its own costs of the arbitration referred to in paragraph 8
herein, and shall share equally the costs of the arbitrator(s).
10. It is agreed between the parties hereto that every covenant, provision and
agreement herein shall enure to the benefit of and be binding upon the parties
hereto, and their heirs, executors, administrators, successors and assigns, that
all covenants herein 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 gender, as
the case may be, were expressed.
11. The Owner covenants and agrees that nothing in this Agreement releases the
Owner from the obligation to comply with the provisions of the Township’s Zoning
By-laws, as amended, or any by-laws of the Township that may now or in the
future be in effect.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals on
this as of the day and year first written above.
SIGNED, SEALED AND DELIVERED
In the Presence of Danielle Nicole Deryaw, a commissioner etc., Province of Ontario for Wilson, Evely & Bickerton LLP, Barristers and Solicitors. Expires January 19, 2026.
Signed by THE OWNER David Reaney and THE CORPORATION OF THE TOWNSHIP OF AUGUSTA Mayor Jeff Shaver and Clerk Annette Simonian. We have authority to bind the Corporation.
SCHEDULE “A”
DESCRIPTION OF LAN]) TO WHICH THIS AGREEMENT APPLIES
Severed Lands
B-182-21
Part Lots 15 & 16, Concession 6
Part 2 on Reference Plan 15R-12275
Township of Augusta
County of Grenville
B-183-21
Part Lots 15 & 16, Concession 6
Part I on Reference Plan 15R-12275
Township of Augusta
County of Grenville
Retained Lands
Pail of Lots 15 & 16, Concession 6,
Part 3 on Reference Plan 15R-8289
Save and Except Parts 1 &2on 15R-12275
Township of Augusta
County of Grenville
The Municipality is authorized to enter into this agreement and register it against the title to the lands,
pursuant to subsection 51(26) of the Planning Act, R.S.O., 1990.
SCHEDULE “B”
DEVELOPMENT ENVELOPES
Details of the Development Envelopes prepared by BCH Environmental Consulting Inc. are showing on a plan which is available at the Municipal Office for public viewing.
