3660-2023 Authorize the Execution of a Development Agreement (Thompson/Mikhailsen, South Branch Road)
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT
Passed by Council October 10, 2023
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3660-2023
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT
WHEREAS Condition (7) of the United Counties of Leeds and Grenville Consent Granting Authority Decision on Application B-i 66-22, requested by the Township, was imposed in accordance with Sections 51(26) of the Planning Act, R.S.O., 1990;
AND WHEREAS Condition (7) requires that a Development Agreement be entered into between the Township and the property owner related to the severed and retained lands under Severance Application B-166-22;
AND WHEREAS the Council of the Corporation of the Township of Augusta deems it advisable to enter into a Development Agreement with Rob Thompson for Part of Lot 29, Concession 9, Parts 1 and 2 on Reference Plan 15R-12247, in the Township Augusta, in the United Counties of Leeds & Grenville, in order to fulfill said condition 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 Rob Thompson addressing Condition (7) of the Consent Granting Authority Decision on Application B-166-22, Vacant Lands on South Branch 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 Application B-166-22;
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 10th day of October, 2023.
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
DEVELOPMENT AGREEMENT made this 11th day of October, 2023.
BETWEEN:
KATHLEEN MIKHAILSEN
of the Town of Prescott, 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 Condit ion (7) on Decision B-166-22 of the Consent Granting Authority of the United Counties of Leeds and Grenville requires the Municipality and the Owner to enter into a Development Agreement related to the Severed Lands and Retained Lands, located in Part of Lot 29, Concession 9, Parts 1 and 2, 15R-12247, in the Township of Augusta, County of Grenville, as described in Schedule “A” (“the Severed Lands” and “the Retained Lands”).
AND WHEREAS the Municipality and the Owner have agreed to implement the recommendations of a Natural Heritage Site Evaluation prepared by Ecological Services, as described in Schedule “B”, through a Development Agreement, and that this Development Agreement shall be registered on title to the Severed Lands and Retained Lands.
AND WHEREAS portions of the Severed Lands and Retained Lands are within the Provincially Significant Wetlands (PSW) designation and within the 120m Provincially Significant Wetlands (PSW) adjacent lands, under the Township’s Official Plan Schedule A.
AND WHEREAS the Severed Lands and Retained Lands are within the 120m
Significant Woodlands adjacent lands, under the Township’s Official Plan Constraints Schedule B.
NOW THEREFORE IN CONSIDERATION of the approval by the Consent Granting Authority and to satisfy Condition (7) 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 the recommendations as outlined in the Natural Heritage Site Evaluation, prepared by Ecological Services, as described in Schedule “8”, on both the Severed Lands and Retained Lands, including but not limited to the following:
1. A 30 m separation for the MAM2-2/MAM2-6 habitat types (identified in Figure 1, but not the tributary portion, of the Natural Heritage Site
Evaluation, prepared by Ecological Services and dated September 16,
2022) is recommended to avoid being in potential Category 2
Blanding’s Turtle habitat.
2. The Owner is hereby notified of the potential risks to turtles using
driveways/future driveways for nesting purposes. Landowner information
on nesting turtles is provided by the Leeds Grenville Stewardship Council
http://www.lgstewardship.ca/.
3. To protect breeding bats, any removal of large trees shall occur outside
of the summer bat maternity roost season (April 1st to September 30th).
4. To protect migratory breeding birds, no site clearing should occur
between April 15th and August 15th, to avoid contravention of the
Migratory Birds Breeding Act.
5. Recommendations in the Natural Heritage Site Evaluation on the
building envelopes identified for the east lot (the Retained Lands) and the
west lot (the Severed Lands) shall be regarded, including the naturalization of the intervening land between building footprints and the wetland/fish habitat/wildlife habitat, and riparian habitat. This naturalization could be done either passively (i.e., leaving it alone) or actively (i.e., with plantings), or a combination of both.
6. A 0.5 m vegetated berm is required at a pinch point between the road.
and an adjacent portion of potential swamp thicket habitat and that the
intervening space be naturalized on the Retained Lands.
7. If naturalization on the lands are to include tree planting, this shall be
done in coordination with the Rideau Valley Conservation Authority (RVCA) Forestry Technician.
2. The Owner agrees that this Development Agreement will be registered on title to Severed Lands and Retained Lands.
3. The Owner acknowledges that the Severed Lands and Retained Lands are
regulated by Rideau Valley Conservation Authority (RVCA) under O.Reg. 170/06, and that the Conservation Authority should be contacted before any development or site alteration occurs on the property.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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).
9. 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.
10. 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
THE OWNER
Signed by Kathleen Mikhailsen
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA:
Per:
Jeff Shaver, Mayor
Annette Simonian, Clerk
We have authority to bind the Corporation
SCHEDULE “A”
DESCRIPTION OF LAND TO WHICH THIS AGREEMENT APPLIES
Severed Lands 8-166-22
Concession 9, Part Lots 29
Part 1 on Reference Plan 15R-12247
Township of Augusta
County of Grenville
SAID PARCEL being part of PIN 68173-0099
Retained Lands 8-166-22
Concession 9, Part Lots 29
Part 2 on Reference Plan 15R-12247
Township of Augusta
County of Grenville
SAID PARCEL being part of PIN 68173-0099
SCHEDULE “B”
A full copy of the Natural Heritage Site Evaluation prepared by Ecological Services, dated September 16, 2022, is available at the Municipal Office for public viewing.
