3728-2024 Authorize Execution of a Development Agreement (14345371 Canada Inc.)
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT
Passed by Council July 15, 2024
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3728-2024
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT
WHEREAS Conditions (6) of the United Counties of Leeds and Grenville Consent
Granting Authority Decision on Applications B-135-23 and B-136-23, requested by the
Township, was imposed in accordance with Sections 51(26) of the Planning Act, R.S.O.,
1990;
AND WHEREAS Conditions (6) require that a Development Agreement be entered into
between the Township and the property owner related to the severed lands under
Severance Applications B-135-23 and B-136-23;
AND WHEREAS the Council of the Corporation of the Township of Augusta deems it
advisable to enter into a Development Agreement with 14345371 Canada Inc. for Part of
Lot 19, Concession 9, 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 14345371
Canada Inc. addressing Conditions (6) of the Consent Granting Authority Decision
on Applications B-135-23 and B-136-23, Vacant Lands Kyle 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 lands under Severance Applications B-135-23 and B-136-23;
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 15th day of July, 2024.
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
DEVELOPMENT AGREEMENT made this 17th day of July, 2024.
BETWEEN:
14345371 CANADA INC.
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 (6) of Severance Applications B-135-23 and B-136-23 required
the property owner to enter into a Development Agreement related to the Severed
Lands, as described in Schedule “A” (“the Severed Lands”);
AND WHEREAS, the new resultant building lots on the Severed Lands located in Part
of Lots 19, Concession 9, in the Township of Augusta, County of Grenville, are within
120m of the Significant Woodlands designation under the Township’s Official Plan
Constraints Schedule B;
AND WHEREAS an Environmental Impact Statement was prepared by Kilgour &
Associates Ltd., dated August 24, 2023 in relation to the Significant Woodlands
designation under the Township’s Official Plan with contains Impact Assessment and
Mitigation recommendations with respect to: Surface Water; Groundwater and Fish
Habitat; Vegetation; Significant Woodland; Species at Risk; and General Wildlife;
AND WHEREAS there is an existing licensed dog kennel located on an area property,
municipally addressed as 9401 Kyle Road, and that the Severed Lands under B-135-23
and B-136-23 are located within 300m of this existing dog kennel.
NOW THEREFORE IN CONSIDERATION of the approval by the Consent Granting
Authority and to satisfy Condition (6) of Severance Applications B-135-23 and B-136-23
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 under
Section 7.0 Impact Assessment and Mitigation, contained in the Environmental
Impact Statement, prepared by Kilgour & Associates Ltd., dated August 24, 2023
on the Severed Lands under B-135-23 and B-136-23, attached hereto as
Schedule “B”.
2. The Owner hereby acknowledges there is an existing licensed dog kennel
located on the property municipally addressed as 9401 Kyle Road. Any new
residential dwelling or secondary suite/additional residential unit located on the
Severed Lands under B-135-23 and B-136-23 shall be located a minimum of 200
m from this kennel building. Accessory residential uses are otherwise exempt
from the setback requirement to the kennel building.
3. The Owner agrees that this Development Agreement will be registered on title to
the Severed Lands under B-135-23 and B-136-23.
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 7
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.
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
14345371 CANADA INC.:
Signed by Candace Dunwoodie, Director
I have authority to bind the Corporation
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA:
Signed by Jeff Shave, Mayor
Signed by Annette Simonian, Clerk
We have authority to bind the Corporation
SCHEDULE”A”
DESCRIPTION OF LAND TO WHICH THIS AGREEMENT APPLIES
Severed Lands
B-135-23
Concession 9, Part Lot 19
Part 2 on Reference Plan 15R-12428
Township of Augusta
County of Grenville
B-136-23
Concession 9, Part Lot 19
Part 3 on Reference Plan 15R-12428
Township of Augusta
County of Grenville
Retained Lands under 8-135-23 and 8-136-23
Concession 9, Part Lot 19
Save and except PT 1, 2 and 3 on 15R 12428
Township of Augusta
County of Grenville
SCHEDULE “B”
SECTION 7.0 IMPACT ASSESSMENT AND MITIGATION
Kilgour & Associates Ltd, dated August 24, 2023 (excerpt)
7.0 IMPACT ASSESSMENT AND MITIGATION
7.1 Surface Water, Groundwater, and Fish Habitat
There is a marsh and swamp located on severed lot B. While these do exist, they do not
seem to have any connection to nearby water features and, as such, do not contribute
aquatic habitat. Considering the existing extent of disturbed land use adjacent to the Site,
no further impacts are anticipated to surface water or aquatic habitat in the surrounding
area under future development of the Site as proposed.
7.2 Vegetation
No rare or unique vegetation communities or at-risk vegetation species were observed on
the Site. Some tree clearing, however, is anticipated to be required to support future
residential development of the severed parcels. To limit impacts to area trees under
future Site development:
- Erect a fence beyond the critical root zone (CRZ; i.e., 10x the diameter at breast
height) of trees. The fence should be highly visible (orange construction fence)
and paired with erosion control fencing. Pruning of branches of branches is
recommended in areas of potential conflict with construction equipment; - Do not place any material or equipment within the CRZ of trees;
- Do not attach any signs, notices or posters to any trees;
- Do not raise or lower the existing grade within the CRZ of trees without approval;
- Tunnel or bore when digging within the CRZ of a tree;
- Do not damage the root system, trunk, or branches of any remaining trees; and
- Ensure that exhaust fumes from all equipment are not directed toward any tree’s
canopy.
7.3 Significant Woodland
Using the provincial significant woodland evaluation criteria and size thresholds, the
wooded areas located at the northeast edge of the Site was determined to be not
significant. However, if development were to occur, steps outlined in section 7.2 should
still be followed anytime tree clearing occurs.
7.4 Species at Risk
Eight SAR ranked as Threatened or Endangered under the ESA have a moderate to high
potential to interact with future development on the Site (i.e., could be present during
development), based on previous observation records and the presence of potentially
suitable habitat. The purpose of the Site visit was to confirm the presence of potential
habitat for SAR.
The general wildlife mitigation measures provided in Section 7.5 below do not provide
species-specific mitigation per se but can be anticipated to protect the identified
potential SAR. Additional mitigation SAR-specific mitigation measures, however, are
provided as required below.
Eastern Meadowlarks are obligate grassland birds that nest on the ground. They breed
and forage in tall grasslands and open areas including hay fields, pastures, agricultural
fields, abandoned fields, and cultural meadows that are ;::: 5 ha in size. Ideal nesting
habitat contains tall grass with abundant litter and grass cover, low shrub and woody
vegetation cover, and very little bare ground (McCracken et al., 2013; MECP, 2021 ).
Prior to the commencement of future site construction, the parcel owner would be
required to consult with MECP to determine whether Eastern Meadowlark surveys will
be required before the issuance of a building permit. If the MECP identifies a need for
Eastern Meadowlark surveys at that time and Eastern Meadowlark are found to occur
on site, the parcel owner would be required to obtain a” Net Benefit” permit for the
species and comply with all permit stipulations in order to commence site development.
Eastern Whip-poor-will may use the forested areas on Site as nesting habitat. Due to
the late season timing of the of the site visit, no species-specific Whip-poor-will surveys
were completed. To prevent potential impacts to Eastern Whip-poor-will, no clearing of
trees on-Site should take place between May 15 and September 15 (i.e., open work
timing window from September 16 to May 14, inclusive). Forested areas on adjacent
properties will be retained, and as such, potential habitat for Eastern Whip-poor-will is
anticipated to remain in the vicinity of the severed parcel. However, prior to the
commencement of future site construction, the parcel owner would be required to
consult with MECP to determine whether Whip-poor-will surveys will be required before
the issuance of a building permit. If the MECP identifies a need for Whip-poor-will
surveys at that time and Whip-poor-will are found to occur on site, the parcel owner
would be required to obtain a “Net Benefit” permit for the species and comply with all
permit stipulations in order to commence site development.
Eastern Wood-pewee and Evening Grosbeaks are listed as Special Concern and
therefore do not receive species or habitat protection under ESA or SARA. However,
this species and all migratory birds are protected under the Migratory Birds Convention
Act, which prohibits the destruction of active nests and the wounding or killing of
migratory birds. Therefore, no clearing of vegetation should take place between April 8
and August 28 (Government of Canada, 2018) to prevent impacts to birds in general,
though clearing windows to prevent impact s to bats are more restrictive (see below)
and should be followed to prevent impacts to both birds and bat s.
Eastern Small-footed Myotis, Little Brown Myotis, Northern Myotis and Tri-coloured Bat
may forage in open areas and roost in trees on-Site or on buildings on adjacent
properties. Listed bat species in the area receive “general habitat protection” under the
ESA. While the relatively young forest cover across the severance could support bat
species, it does not appear to provide unique or especially high quality as habitat in the
context of the broader area. As such, the presence of single residential units upon the
severance parcels would not be anticipated to reduce the general habitat suitability of
the broader area. To prevent impacts to on individual bats, no clearing of trees on-Site
should take place between May 1 and September 30 (inclusive; MNRF, 2015a). If tree
clearing is conducted between October and March, no interactions with bats are
anticipated, with no significant negative impacts to SAR bats.
7.5 General Wildlife Mitigation
The following mitigation measures shall be implemented during future construction to
generally protect wildlife and potential Significant Wildlife Habitat areas:
• Areas shall not be altered or cleared during sensitive times of year for
wildlife (breeding season; early spring to early summer) unless mitigation
measures are implemented and/or the habitat has been inspected by a qualified
Biologist.
o The MBCA protects the nests and young of migratory breeding birds in
Canada. The timing of nesting for birds in the area spans April 15 to
August 30 (Government of Canada, 2018).
o The breeding and roosting period for bats is recognized as May 1 to
September 30 (MNRF, 2015b).
o Considering MBCA guidelines, and the potential presence of SAR
birds and bats, the total, combined season through which tree
clearing is not to be conducted is from April 1 to September 30 of
any given year.
• Install sediment control fence around construction sites and
inspect/maintain it periodically and after each rain event to ensure its integrity
and continued function.
• Check the entire work site for wildlife prior to beginning work each day.
• Do not harm, feed, or unnecessarily harass wildlife.
• Manage waste to prevent attracting wildlife to the work site. Effective
mitigation measures include litter prevention and keeping all trash secured in
wildlife-proof containers and promptly removing it from the work site, especially
during warm weather.
• Drive slowly and avoid hitting wildlife.
• Manage stockpiles and equipment at the work site to prevent wildlife from
being attracted to artificial habitat. Cover and contain any piles of soil, fill, brush,
rocks and other loose materials and cap ends of pipes where necessary to keep
wildlife out. Ensure that trailers, bins, boxes and vacant buildings are secured at
the end of each workday to prevent access by wildlife.
