The URL can be used to link to this page

Home My WebLink About74-84 . . . . . , -1L/-1LJ __ --._~"-~~.._.- EXPLANATORY NOTE In Januar,y of 1974 The Planning Ac~ was amended to include. among other additions, Sections 3~ and 35b. These two Sec- tions give municipalities greater control over the develop- ment or redevelopment of lands"bY'.permitt~ municipalities to enter into binding agreements with developers as & pre- requisite for development or redevelopment. The Municipal Council of the Corporation of the Town of Newcastle, having reviewed the amendment to ~he Planning Act, deem it advisable to amend By-law Number 1587 to in- corporate the relevant provisions of Sections 35& and 35b. e THE CORPORATION OF THE TOWN NEWCASTLE BY-LAW NUMBER 7 t..f-. ~ I..f A By-law to amend Zoning By-law Number 1587 of the former Town of Bowmanville WHEREAS the Municipal Council of the Corporation ot the Town ot Bevcaatle deems it advisable to amend By-law Number 1587. . B(II ~~RE the Municipal Council of the Corporation ot the Town ot Bewcaatle, pursuant to Section 35 of The P1RnniTlg Act, R.S.O. 1910, Chapter 349, and amendments thereto, hereby ENACTS as tollows: 1. Section 3 of By-law Number 1587 is hereby 8IIIeJlded by the addition ot the following new Section 3.24A: "3.24A "DEVELOPMENT AGREEMENT" means any agreement entered into by an owner of land and the Corporation, pursuant to Sec- tion 35a of The Planning Act, R.S.O. 1970." 2. Section 7 of By-law Number 1587 is hereby amended by the addition ot the tollowing new Section 7.22: "7.22 DEVELOPMENT OR REDEVELOPMENT OF LABD (a) GENERAL CONDITIONS The provisions of Section 35a ot The Planning Act. R.S .0., 1970. Chapter 349, as amended and as set out in this Section tor the development or redevelopment of land, shall apply to any land or buildings in the following zones: RMl Medium Density Residential RM2 Low Density Apartments RM3 High Density Apartments Council mq as a condition ot development or redevelopment ot land or buildings within such zones prohibit or require the provision, maintenance and use of the tOllowing facilities and matters or any of them and mq regulate the maintenaDce and use of such facilities aDd matters: - (1) e (1) widenings of highw~s that abut on the said land that is being developed or redeveloped; (ii) subject to The Public Transportation and Highw~ Improvement Act, R.B.O. 1970, facilities to provide access to and from the said lands such as access ramps and curbings including the number, location and size of such facilities and the direction of traffic thereon; (iii) off-street parking areas and loading areas and access dri vew~s, including the surfacing of such areas and dri vew~s; (iv) walkw~s and all other means of pedestrian access; (v) removal of snow from access ramps, drivewa;ys, park- ing areas, loading areas, and walkwa;ys; ( vi) grading or change in elevation or contour of the said lands and the disposal of storm, surface and waste water from the said lands and from any build- ings or structures thereon; e (vii) conveyance to the Corporation, without cost, of easements required for the construction, mainte- nance or improvement of any existing or newly required watercourses, ditches, land drainaae works and sanitary sewerage facilities on the said lands; (viii) floodlighting of the said lands or of any buildings or structures thereon; (ix) walls, fences, hedges, trees, shrubs,or other suit- able groundcover to provide adequate landscaping of the said lands or protection to adjoining lands; (x) vaults, central storage and collection areas and other facilities and enclosures as m8f be required for the storage of garbage and other waste materials; (xi) plans showing the location of all buildings and structures to be erected on the said lands and the location of the other facilities required by this By-law; e (2) e (xii) perspective drawings and plans showing building elevations and cross sections of any Residential buildings containing 25 or more dwelling units. (b) DEVELOPMENT AGREEMENT When any of the facilities and matters listed above in sub- section (a) are required by the Council, the Council mq re- quire that the owner of the land enter into one or more development agreements with the Council dealing with such facilities and matters. The issuance of building permits ~ be prohibited until the plans referred to in subsection (a)(xi) and (a)(xii) have been approved by the Corporation and until the development agree- ments have been entered into. ( c) REGISTRATION OF AGREEMImT . The Corporation shall require that such development agreement be registered against the lands to which it applies. The Cor- poration shall enforce the provisions of the development agree- ment against the owner of the said lands and, subject to the provisions of The Registry Act and The Land Titles Act, R.S.O. 1970, any and all subsequent owners of the said lands. (d) RISK, EXPENSE AND DEFAULT The facilities and matters required in a development agreement shall be provided and maintained by the owner of the said lands, at the sole risk and expense of the owner and to the satisfac- tion of the Corporation. Should there be any default in tul- filling the requirements of the development agreement t the provisions of Section 469 of The Municipal Act shall apply. (e) COIVElANCE FOR PARK PURPOSES (i) As a condition for the development or redevelop- ment of land for residential purposes t as per Sec- tion 35b of The Planning Act, the Corporation DI.8\Y require the owner of such lands to convey to the Corporation for park purposes and without cost, 5% ot the lands proposed tor development or re- development or to convey to the Corporation money to the value of any lands required to be conveyed in lieu of such conveyance. . ( 3) ~ . oi - . . (ii) The provisions of clause (i) of this subsection shall not apply to land that is within au approved plan of subdivision if land in such plan or money in lieu of land, alre~ has been conveyed to the Corporation for park purposes pursuant to a Minister's condition of approval of such plan." 3. No part of this By-law comes into force without the approval ot the Ontario Municipal Board, but subject to such approval, this By-law takes eftect on the date hereof. THIS BI-LAW given it,.tit~t J~~ng this ... .l.f.C?:.............clq ot ...................NP.ntl<t:-i.......:M~ 11~' . ~/ /.". ..i. THIS BI-LAW given its"s~;~~dJ~~ng this ....;<C!.~,~.nfl.......dq ot ....................~~...., A.D., 197 '1- .~f THIS BI-LAW read a ~hird time and tinally passed ,t)li8 .........dq of ..................~.r;.c;.I!..r1~.If.tJ.r.., A.D., 197 if ,4~A~ SEAL) . l./------' {/ / L-L.. c,l. // / ,/ (4) ; .. . . .. Nj ~ Ontario 'vCc'fvl 9' ~ !~L,-^ C L- tv ~/-N '--' rfL.C- L/ 'l../" Form R-6 Ontario Municipal Board r Mr. Joseph M. McIlroy Town Clerk Town of Newcastle 40 Temperance Street BOWMANVILLE Ontario L1C 3A6 416/965-1912 123 Edward Street Toronto Ontario M5G 1 E5 Quote File Number R 742431 August 12, 1975 ~ Dear Sir Town of Newcastle - Restricted Area By-law 74-$4 Re: Enclosed is documentation as follows: o o Copy of Decision dated Copy of Decision dated . (Signed Duplicate Original to follow) Duplicate Original of Decision dated Copy of Board's Order made Duplicate Original of Board's Order made August 8, 1975 Appointment for Hearing D o (if o Yours truly :jj C. Saruyama Supervisor Planning Administration Enclosure RECEIVED M.lb 18 '915 TOWN OF NEWCASTLE _~_.-..o.... ---L ,. .. ., . ---- . ",------ R 742431 ONTARIO ONTARIO MUNICIPAL BOARD IN THE MATTEH OF Section 35 of The Planning Act (R.S.O. 1970, c. 349), - and - IN THE MATTER OF an application by The Corporation of the Town of Newcastle for a pproval of its Restricted Area By-law 74-84 B E 1" o R E . ) . ) A. H. ARRELL, Q.C. , ) ) Vice-Chairman ) Friday, the 8th day ) - and - ) of August, 1975 ) D. s. COLBOURNE, ) ) FJIember ) No objections to approval of By-law 74-84 having been received and the council of the applicant corporation having an opportunity to consider certain amendments to the said by-law and the said council having on the 21st day of July, 1975 passed By-law 75-61 amending By-law 1587 which by-law By-law 74-84 also amends and incorporating certain recommendations of the Board and having caused a certified copy thereof to be filed and the Board having dispensed with notice and hearing in respect of By-law 75-61; THE BOARD ORDERS that By-law hereby approved. 74-84,a~l. ~Y-la.:r75-61 J . L, L \~ \\~~,,< ' are K. C. ANDREWS SECRr.;TARY AUG 1 4 1875