CORPORATION OF THE TOWNSHIP OF LEEDS AND THE

BY-LAW NO. 12-082

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO ENTER INTO A SITE PLAN AGREEMENT WITH AMY AND RON TOMLINSON FOR DEVELOPMENT OF PROPERTY LOCATED AT 761 THOUSAND ISLANDS , GEOGRAPHIC TOWNSHIP OF ESCOTT, TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS.

WHEREAS Amy and Ron Tomlinson are the owners of 761 Thousand Islands Parkway, being composed of Part Lot 1 in the Broken Frontage, Geographic Township of Escott, in the County of Leeds.

AND WHEREAS Amy and Ron Tomlinson have applied to the Corporation of the Township of Leeds and the Thousand Islands for the approval of a Site Plan Agreement relating to a development for a boat house and related marine facilities.

AND WHEREAS Section 41 of the Planning Act, R.S.O. 1990 c.P.13, as amended, provides for the Municipality to enter into Site Plan Control Agreements.

AND WHEREAS Council deems it expedient to enter into a Site Plan Control Agreement with Amy and Ron Tomlinson.

NOW THEREFORE the Council for the Corporation of the Township of Leeds and the Thousand Islands enacts as follows:

1. THAT the Corporation of the Township of Leeds and the Thousand Islands enter into a Site Plan Agreement with Amy and Ron Tomlinson, which agreement is attached hereto as Schedule 'A' and forming part of this By-Law;

2. THAT the Council of the Township of Leeds and the Thousand Islands hereby authorize the execution of the Site Plan Agreement; and

3. THAT the Mayor and Clerk be authorized to execute the said Site Plan Agreement together with all documents relating thereto, and further, to make such other motions as may be necessary to complete this matter.

THIS BY-LAW shall come into effect upon the passing thereof and subsequent registration at the Land Registry Office for the Registry Division for the County of Leeds and Grenville.

READ A FIRST AND SECOND TIME THIS 9th DAY OF OCTOBER, 2012.

READ A THIRD TIME AND FINALLY PASSED THIS 9th DAY OF OCTOBER, 2012.

~~[c:2~ Heidi Conarroe, Deputy Mayor SCHEDULE 'A' to By-Law No. 12-082 Application SP05/12 Amy & Ron Tomlinson

SITE PLAN AGREEMENT

THIS AGREEMENT made this 9th day of October, 2012

BETWEEN:

RON & AMY TOMLINSON (Hereinafter referred to as the "Owners")

- and-

THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS (Hereinafter referred to as the "Township")

WHEREAS the Owners are the owners of certain lands being located in Part Lot 1, in the Broken Front Concession, Geographic Township of Escott, Township of Leeds and the Thousand Islands, in the County of Leeds, municipally addressed as 761 Thousand Islands Parkway, and more particularly described in Schedule 'A' attached hereto (the 'Lands');

AND WHEREAS the Owners have applied to the Township to permit development of a boat house and associated marine facilities on the Lands;

AND WHEREAS the Owners have agreed with the Township to furnish and perform the works, material, matters and things required to be done, furnished and performed in a manner hereinafter described in connection with the proposed development and use of the Lands;

AND WHEREAS the Lands have been designated by the Council of the Township as being within a site plan control area as provided for by Section 41 of the Planning Act, R.S.O. 1990, as amended;

AND WHEREAS Section 41(10) of the Planning Act, R.S.O. 1990, c.P.13, as amended, empowers the Township to enter into such Agreement and that the Agreement may be registered against the land to which it applies;

AND WHEREAS the Township has, under By-Law No. 12-082 authorized the Mayor and Clerk to execute this Agreement on behalf of the Corporation;

NOW THEREFORE in consideration of the sum of one dollar ($1.00) of lawful Canadian money now paid by the Owners to the Township, the receipt of which is hereby acknowledged, and in other good and valuable consideration, the parties agree as follows:

1. LANDS TO BE BOUND

1.1 The Lands to be bound by the terms and conditions of this Agreement, are located in the former Municipality of Front of Escott of the Township, and are more particularly described in Schedule 'A' hereto.

2. COMPONENTS OF THE AGREEMENT

2.1 The text, consisting of Sections 1 through 10, and the following Schedules, which are annexed thereto, constitute the components of the Agreement:

Schedule 'A' Legal Description of the Lands being developed and to which this Agreement applies Schedule 'B' Existing Features Schedule 'C' Site Plan

Page 1 of 7 SCHEDULE 'A' to By-Law No. 12-082 Application SP05/12 Amy & Ron Tomlinson

3. REGISTRATION OF AGREEMENT

3.1 This Agreement shall be registered on title to the Lands as provided for by Section 41 (1 0) of the Planning Act, R.S.O. 1990, as amended, at the expense of the Owners.

3.2 The Owners agree that all documents required herein shall be submitted in a form suitable to the Township and, where necessary, suitable for registration.

3.3 The Parties agree that this Agreement must be registered against the Owner's Lands within thirty (30) days of the execution thereof by the Township.

3.4 The Owner agrees to have the Township register this Agreement at the expense of the Owner.

3.5 The Township shall be entitled to rely upon and enforce the provisions of this Agreement against the Owners and all successors in title.

4. BUILDING PERMITS

4.1 The Owners agrees to not request the Chief Building Official to issue a building permit until this Agreement has been registered on title to the Lands and a copy of same registered Agreement has been provided to the Township.

4.2 It is agreed that if the Owner fails to comply with any building permit or permits to implement this Agreement within 12 months from the date upon which such building permit would be available, then the Township, at its option has the right to terminate the said Agreement and require that a new Site Plan application be submitted for approval and execution.

5. GENERAL

5.1 It shall be understood and agreed upon that this Agreement is subject to any applicable zone provisions and/or definitions under the Township Zoning By-Law. Said provisions and/or definitions shall be considered part of this Agreement and shall form part of this Agreement as if embodies herein.

5.2 The Owners shall duly observe all such By-Laws, Agreements, Rules and Regulations, matters and things as are, or may be, enacted by the Municipal Council of the Corporation of the Township of Leeds and the Thousand Islands or legally constituted body therefore to govern within their jurisdiction.

5.3 Notwithstanding anything else contained herein, this agreement only applies to the marine facilities as described in Schedule 'c' and will not be construed to provide approval for any other permitted uses, including any accessory buildings or structures that may be proposed.

6. PROVISIONS

General

6.1 The Owners covenant and agree to develop the Lands in accordance with the Site Plan being Schedule 'C'. Except for minor deviations necessitated by site conditions, topography, the requirements of the Ministry of the Environment or its agent, to preserve mature standing trees and deviations for structural orientation, no building shall be located on Lands except in accordance with Schedule 'C'.

6.2 The Owners further agree to provide and maintain site services at the sole risk and expense of the Owners. The proposed buildings, structures and other works specified in the Schedules hereto attached, shall be undertaken and maintained by the Owners (or its designee) to the satisfaction of the Township.

6.3 No habitable space is to be created in the area above the boat slip inside the boathouse. Any dormers are to be for visual purposes only, there is to be no finished second floor, and the rafters are to remain open.

Page 2 of 7 SCHEDULE 'A' to By-Law No. 12-082 Application SP05/12 Amy & Ron Tomlinson

6.4 No buildings, structures or other works shall be erected on the Lands other than those erected in conformity with the Schedules hereto attached and matters outlined below.

Stormwater Management / Drainage / Grading

6.5 The Owners agree that runoff from existing structures and impermeable surfaces is to be diverted inland where possible with the implementation of erosion control measures.

6.6 The Owners agree that generally on-site drainage patterns are to be maintained and, where possible, direct captured water inland away from the river where infiltration will occur.

6.7 All stormwater facilities on the Lands, including swales, Straw Bales / Silt Fence Barriers during construction, etc., will be maintained at the sole expense of the Owners to the satisfaction of the Township.

6.8 Should alterations to the site be proposed which would result in significant changes to grading or elevation or contour of the land that may have an impact on the disposal of storm, surface and wastewater from the land and from any buildings, an amendment to the Site Plan will be required and the Municipality may, at its sole discretion, require the submission of a Drainage Plan and/or Stormwater Management Plan for the site.

6.9 The Owners agree to submit a Grading Plan should alterations to the site result in significant changes to grading or elevation or contour of the land that may have an impact on the disposal of storm, surface and wastewater from the land and from any buildings or structures on the Land.

Landscaping / Grading

6.10 The Owners agree to maintain a natural vegetated buffer along the shoreline and areas of existing vegetation are to remain undisturbed on the Lands as shown on the Site Plan attached hereto as Schedule 'C' and forming part of this Agreement.

6.11 The Owners shall replace any unsatisfactory landscape components, trees, and/or plant material not in a healthy growing state, as soon as possible. All proposed planting and landscaping features shall utilize native tree, shrub and grass species, and all proposed tress shall be a minimum of five feet in height when planted.

6.12 The Owners agree to submit a revised Landscape Plan to the Township should there be alterations to landscaping on the Lands beyond what is shown on the Schedules herein be required.

Topsoil / Soil Stability / Erosion Control

6.13 The Owners agree not to excavate the Lands except for the purpose of construction in accordance with the Schedules herein. No soil, sand, gravel or other materials shall be removed from the Lands except with the prior permission of the Township.

Other Provisions

6.14 The Owners agree not to allow any refuse, debris, construction or building materials to be deposited or remain on the Lands except construction or building materials stored on site for staging purposes during active construction which shall be utilized within a reasonable time period.

6.15 The Owners acknowledge and agree that all future development on the Lands must comply with all relevant Municipal By-Laws and Provincial statutes and regulations. 6.16 The Owners hereby consent to the entry of an authorized agent or employee of the Township onto the Lands, for the purpose of carrying out an inspection to ensure compliance with this Agreement.

Page 3 of 7 SCHEDULE 'A' to By-Law No. 12-082 Application SP05/12 Amy & Ron Tomlinson

6.17 All development on the Lands should be sympathetic so as to minimize its impact on the Natural Heritage of the surrounding environment.

6.18 The Agreement shall be governed and construed in accordance with the laws of the Province of .

Lighting/Illumination

6.19 The Owners agree to restrict all external lighting facilities on the Lands to prevent light trespass and glare onto neighbouring properties, and to mitigate impacts on the Dark Sky.

6.20 As such, the Owners agree that:

• Exterior light fixtures shall be shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture (Dark Sky compliant). • Lighting shall be directed and deflected away from adjacent lots. • Lighting shall not negatively impact area residential lots. • Light emanating towards a navigable waterway shall be reduced by timers from 11 pm to 6am. • Lighting fixtures shall not be more than 9 metres above finished grade. • Floodlights will generally not be permitted. • Intensity of light is to be reduced by using maximum 40 (incandescent) watt light bulbs.

6.21 Should the Owners propose lighting that is not in compliance with the lighting features described in Section 6.20, a Lighting Plan will be required.

7. COSTS AND FEES

7.1 The Owners acknowledge that this Agreement is entered into under the provisions of Section 41 (1 0) of the Planning Act R.S.O. 1990, as amended, and that the expenses of the Township arising out of the enforcement of this Agreement may be recovered as taxes under Section 427 of the Municipal Act S.O. 2001, c.25.

7.2 All work and services required by this Agreement and all works and services which are required to ensure all works and services required by this Agreement are provided and maintained in accordance with this Agreement shall be provided and maintained by the Owners (or its designee) at the sole expense of the Owners to the satisfaction of and at no expense to the Township.

7.3 The Owners shall be required to cover all expenses related to the satisfactory completion and maintenance of all Schedules including, but not limited to, costs or fees incurred or required by the Township or their designee for the review of these matters.

7.4 All costs incurred by the Township (and/or their designee) in reviewing, approving, preparing, implementing, monitoring and/or enforcing this Agreement, including the Schedules of this Agreement and/or any works and services required by this Agreement, or amendments thereto, shall be at the expense of the Owners.

7.5 The Owners agree to pay the applicable Building Permit Fee and other related fees as provided for in the Township's by-laws and shall be responsible for payment of other permit and processing fees where applicable.

8. DEFAULT BY THE OWNER

8.1 Failure to comply with any term or condition contained herein or with the Schedules attached hereto will result in withdrawal of the Building Permit in which case the Owners hereby agree to cease all work on the herein described lands, immediately on receipt of notice by the Township of withdrawal of the Building Permit, until such time as written authority is obtained from the Township to proceed.

Page 4 of 7 SCHEDULE 'A' to By-Law No. 12-082 Application SP05/12 Amy & Ron Tomlinson

8.2 In the event of default by the Owners or its assigns in the provision of maintenance of all matters and things required to be done by the Owners pursuant to this Agreement, the Township may, at the cost and expense of the Owners, enter upon the lands and do all such matters and things as are in default.

8.3 "Cost" and "expense" of the Owners in this clause shall be actual cost incurred by the Township plus twenty percent (20%) of such cost as a charge for overhead. Any costs incurred by the Township pursuant to this clause shall be paid by the Owners to the Township within thirty (30) days of the mailing of an invoice by the Township addressed to the Owners at his last known address as taken from the most recent Tax Assessment Roll.

8.4 Interest at a rate of fifteen percent (15%) per annum shall be payable by the Owners to the Township on all sums of money payable to the Township herein which are not paid on the due dates, calculated from such due dates.

9. INDEMNIFICATION

9.1 All services and matters required by this Agreement shall be provided and maintained at the sole risk of the Owners.

9.2 The Owners shall indemnify and save harmless the Township at all times from any loss or liability resulting directly or indirectly from the development of the Lot, Site or the improper maintenance thereof.

10. BINDING PARTIES

10.1 The parties covenant and agree with each other not to call into question or challenge, directly or indirectly, in any proceeding or action in court, or before any administrative tribunal, the party's right to enter into and enforce each and every term, covenant and condition herein contained in this Agreement.

10.2 This Agreement and everything contained herein shall endure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns.

10.3 If there is more than one Owner or the Owner is a male or female person or a corporation, this Agreement shall be read with all grammatical changes appropriate by reason thereof and all covenants and liabilities and obligations shall be joint and several.

11. EFFECT, ALTERATION, AMENDMENT TO THE AGREEMENT

11.1 This Agreement may only be amended or varied by a written document of equal formality herewith duly executed by the parties hereto and registered against the title of the Lands.

11.2 The Owners shall complete the items detailed on Schedule 'C' within twelve (12) months from the date of registration of this Agreement, failing which the Owners shall be deemed to be in default under the terms of this Agreement and the Township shall be entitled to take all steps necessary to enforce the terms of this Agreement all at the expense of the Owners.

11.3 Any time limits specified in this Agreement may be extended with the consent in writing of both the Owners and the Township, but no such extension of time shall operate or be deemed to operate as an extension of any other time limit.

11.4 Following completion of the works, the Owners shall maintain to the satisfaction of the Township, and at the sole expense of the Owners, all the facilities or works described on Schedules 'C'.

11.5 The Agreement shall come into effect on the date of registration by the Owners.

Page 5 of 7 SCHEDULE 'A' to By-Law No. 12-082 Application SP05/12 Amy & Ron Tomlinson

IN WITNESS WHEREOF the parties hereto have executed this Agreement on this 9th day of October, 2012.

SIGNED, SEALED AND DELIVERED In the presence of:

THE OWNERS Per:

J[ Amy Tomlinson

Ron Tomlinson

THE TOWNSHIP Per:

~

cd~"- Vanessa Latimer, Clerk

Page 6 of 7 SCHEDULE 'A' to By-Law No. 12-082 Application SP05/12 Amy & Ron Tomlinson

SCHEDULE 'A'

Description of Lands Subject to this Agreement

Note: It is understood and agreed that this Schedule forms part ofthe Township's Agreement.

A PARCEL in the Geographic Township of Escott, Township of Leeds and the Thousand Islands, in the County of Leeds, being composed of a parcel in Part Lot 1 of the Broken Frontage Concession, municipally addressed as 761 Thousand Islands Parkway, and more specifically described on Part 1 of Reference Plan No. 28R-11963. Assessment Roll Number 0812-809-010-18106.

Page 7 of 7 SCHEDULE 'A' to By-Law No. 12-082 Application SP05/12 Amy & Ron Tomlinson

SCHEDULE '8'

Existing Features

Note: It is understood and agreed that this Schedule forms part of the Township's Agreement. ROCK FACE

~...... RIVER STONE :: : I:'~

STONE WALK WAY & WALL ~ 5 ...... o ...... SPAAREA z ...... i :...... m::::::::::: • .l9 :: CONCRETE DOCK :::::: .... . t:::: ::::::·...... :::::f ': r7J : T:j:::::::::: GRASS AREA ...... illlillJ ~ ST LAWRENCE RIVER PROPERTY LINE

78.04 ELEVATIONS .-- TREES & SHRUBS EXISTING MARINE STRUCTURE

SITE PLAN CONTROL

761 THOUSAND ISLANDS PARKWAY

DRAWN BY: CMB DATE: AUG 2012 R. TOMLINSON FILE No.: BOAT HOUSE SCHEDULE 'A' to By-Law No. 12-082 Application SP05/12 Amy & Ron Tomlinson

SCHEDULE 'C'

Site Plan

Note: It is understood and agreed that this Schedule forms part of the Township's Agreement. BOATHOUSE COPPER ROOF TO MATCH COTTAGE · ...... ROCK FACE ..::::..#.~... ::::...... ::; :::.. :::.. ...::::::;::::;::...... ~!' ;:: RIVER STONE ...... STONE WALK WAY & WALL b p ...... 5 ...... o ...... z ...... SPA AREA ...... CONCRETE DOCK :::::::;:::;;:: ....:::. ;,;;:::::;; ;:;:: ::::::' .::::#0:::: ...... nTJ GRASS AREA ;.. .. .'1::. ....::::::::...... ::: . LlJ a...... ~ ST LAWRENCE RIVER PROPERTY LI NE

78,04 ELEVATIONS

~. TREES & SHRUBS

PROPOSED MARINE STRUCTURE

SITE PLAN CONTROL

761 THOUSAND ISLANDS PARKWAY

DRAWN BY: CMB DATE: AUG 2012 REVISIONS: R. TOMLINSON FILE No.: BOAT HOUSE DRAWING No: LEGEND EXISTING DOCK CROSS SECTION A-A ROCK FACE

COPPER ROOF TO MATCH COTTAGE

II STONE WALL A A

STONE WALK WAY • SPA AREA RETRACTABLE SCREENS

PROPOSED BOATHOUSE AND DOCK CROSS SECTION B-B GRASS AREA

ST LAWRENCE RIVER

B TREES & SHRUBS

CROSS SECTION A & B

SITE PLAN CONTROL

NOTE : NO LANDSCAPE IS TO BE ADDED OR REMOVED 761 THOUSAND ISLANDS PARKWAY SHORELINE TO REMAIN THE SAME 75.90 CURRENT DOCK ELEVATION 82.30 PROPOSED BOATHOUSE ELEVATION NO HABITABLE SPACE DRAWN BY: eMB DATE: AUG 2012 REVISIONS: 4 R. TOMLINSON FILE No.: BOAT HOUSE DRAWING No: 3 LEGEND

ROCK FACE

PROPOSED BOATHOUSE AND DOCK STONE WALL CROSS SECTION C-C II II CEDAR GABLE ENDS

RETRACTABLE SCREENS

ROCK BOTTOM

GRASS AREA

ST LAWRENCE RIVER

TREES & SHRUBS

CROSS SECTION C

NOTE : NO LANDSCAPE IS TO BE ADOED OR REMOVED SITE PLAN CONTROL SHORELINE TO REMAIN THE SAME 75.90 CURRENT DOCK ELEVATION 82.30 PROPOSED BOATHOUSE ELEVATION NO HABITABLE SPACE 761 THOUSAND ISLANDS PARKWAY DRAWN BY: eMB DATE: AUG 2012 REVISIONS: 2 R. TOMLINSON FILE No.: BOAT HOUSE DRAWING No: 4