HomeMy WebLinkAbout80-132
THE CORPORATION OF THE
TOWN OF NEWCASTLE
.
By-law No. 80-i32
being a by-law to authorize the entering into
an Agreement with E. K. Connell.
The Council of the Corporation of the Town of Newcastle hereby
ENACTS as follows:
THAT the Mayor and Clerk are hereby authorized to execute on behalf
of the Corporation of the Town of Newcastle and seal the Corporation
Seal an Agreement between E. K. Connell and the said Corporation,
dated the
day 0 f
, A.D. 1980, which is attached
hereto as Schedule "A".
.
BY-LAW READ a first and second time this 6th day of October, A.D. 1980.
BY-LAW READ a third time this 6th day of October, A.D. 1980.
g/ . /
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Mayor
(seal)
(l~
V Clerk
~
'-
.
DEVELOPMENT AGREEMENT made (in triplicate) this day of
A.D. 1980.
B E T W E E N
K. CONNELL,
hereinafter called the 'Owner"
OF THE FIRST PART,
- A N D -
THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS the lands affected by this Agreement, which are described
in Schedule "A" hereto, are hereinafter called the "said lands";
AND WHEREAS the Owner warrants that he is the registered Owner of
the "said lands" as stated in the Certificate attached to this Agree-
ment as Schedule "B";
AND WHEREAS the Town acknowledges that certain uses on the "said
lands" are legally non-conforming;
AND WHEREAS it is the intent of the Owner and the Town to catalogue
the legal non-conforming uses on the "said lands".
NOW THEREFORE in consideration of the mutual agreements' and covenants
hereinafter contained, the parties hereto agree as follows:
1. The Owner and the Town mutually agree that the existing legal
non-conforming uses on the subject lands, as shown on Schedule "C" hereto,
are the following:
• single family dwelling;
• zoo with existing ancillary uses including:
• restaurant
• souvenir shop
an amusement arcade
an apartment unit
a tourist camp and mobile home park including:
Five (5) camplots for tourist trailers and
tourist vehicles,
Twenty (20) sites for mobile homes as existed prior
to the lst day of June, 1977.
- 2 -
2• The Owner agrees that only legally non-conforming buildings,
structures and uses, as identified on Schedule "C" hereto, and in para-
graph 1 above, shall be permitted on the "said lands", and that all other
existing buildings and structures shall be removed, to the satisfaction
of the Director of Planning by June 1, 1981 or by subsequent agreement be-
tween the Owner and the Town of Newcastle; and that the enlargement of
existing buildings or structures and/or the erection of any additional
buildings or structures on the "said lands" shall require permission
from the Town of Newcastle Committee of Adjustment or an amendment to the
Restricted Area By-law of the former Town of Bowmanville.
3. The Owner agrees that no building permit for any additional
buildings or structures which may be permitted under the provisions of
paragraph 2 above shall be issued except in compliance with the provisions
of a subsequent development agreement, to be negotiated between the Owner
and the Town, which will incorporate the provisions of Section 35(a) of
the Planning Act.
4. The Owner agrees that no part of the "said lands" may be used
for the purposes of a tourist camp or mobile home park unless the Owner
has obtained a Tourist Camp Licence from the Town and has complied with
the provisions of by-law 75-34 of the Town as amended and has complied
with the "Development Provisions" of Schedule "D" attached hereto pursuant
to Subsection 1 of Section 5 of By-law 75-34.
5. This Agreement shall enure to the benefit of and shall be
binding upon the parties hereto and their respective successors or assigns.
IN WITNESS WHEREOF the parties have hereto affixed their hands
and seasls and/or their corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED & DELIVERED )
in the presence of: ) Z9 A .........
K. CONNELL
_:.
� cr� scr cw; vvJ -mew ) THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
Per: -'"
le rC k
) I
)
SCHEDULE "B"
CERTIFICATE AS TO TITLE
RE: Development Agreement Between K. Connell
and The Corporation of the Town of Newcastle
Dated October 2, 1980.
I, E. K. CONNELL, of the Town of Newcastle, in the Regional
Municipality of Durham, DO HEREBY CERTIFY that I am the sole regis-
tered owner of all the lands described in Schedule "A" to this Develop-
ment Agreement dated the 2nd day of October, 1980.
I FURTHER CERTIFY that there are no mortgages or other encum-
brances registered on the title to the said lands
THIS CERTIFICATE is given by me to the Corporation of the Town
of Newcastle for the purpose of having the said Corporation of the
Town of Newcastle rely upon it in approving the proposed development
and for certifying the title of the lands described in Schedule "A"
to this Development Agreement.
DATED AT the Town of Newcastle, in the Regional Municipality of
Durham, this day of October, A.D. 1980.
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' '� E. K. CONNELL
SCHEDULE "D"
"DEVELOPMENT PROVISIONS"
The Owner hereby agrees to provide, operate and maintain the
tourist camp and mobile home park in accordance with the following
provisions:
1. LOCATION OF CAMP LOTS
No part of any camp lot shall be located closer than 50 feet to
any public road, nor 100 feet from any residential use on.another
property.
2. SCREENING
Screening in the form of fencing, natural vegetation and/or
planting shall be provided:
(a) between any service building and the adjacent camp lots;
(b) along any public road abutting a tourist camp; and
(c) between any adjacent residential uses and the camp lots.
3. CAMP LOT AREAS
The minimum area of each camp lot used for:
(a) a tourist trailer shall be - 2,200 square feet;
(b) a tourist vehicle shall be - 2,000 square feet.
4. CAMP LOT FRONTAGE
Each camp lot shall have a minimum frontage of 25 feet on a drive-
way.
5. SIGNS
Each camp lot, driveway and service building shall be provided
with a clearly visible identification name or number.
6. TABLES
Each camp lot shall be provided with a table constructed and fin-
ished to withstand outdoor use.
7. PARKING AREAS
There shall be 1 parking space for each camp lot plus 1 additional
parking space for each 4 camp lots. Each parking space shall be
at least 10 feet wide and 20 feet long.
8. DRIVEWAYS
Each camp lot shall abut upon a driveway which is maintained with
a stable surface which is treated so as to prevent the raising of
dust or loose particles and which is well drained. The driveway
shall have a minimum width of 15 feet. No parking shall be permitted
in any driveway.
9. WATER AND SEWAGE FACILITIES
All water supply and distribution facilities and all sewers and
sewage disposal facilities constructed and used to service a
tourist camp shall comply with the requirements of the Ministry
of Health and the Ministry of the Environment.
2 -
10. GARBAGE CANS
Each camp lot shall have a garbage can constructed of metal or
hard plastic, having a cover and hung securely on a post above
ground level.
11. ELECTRICAL FACILITIES AND EQUIPMENT
All electrical facilities and equipment installed to service a
tourist camp shall comply with the requirements of the Hydro-
Electric Power Commission of Ontario and, where ground conditions
permit, wiring shall be placed underground.
12. LANDSCAPED OPEN SPACE
Not less than 30% of the area of a tourist camp shall be used
for trees, bushes, flowers, grass or other vegetation. The
required landscaped open space shall not form part of any camp
lot.
13. RECREATIONAL FACILITIES
Not less than 10% of the area of a tourist camp shall be devoted
to recreational facilities which may include playground, community
buildings, swimming pools, and similar uses.
14. FIRE EXTINGUISHERS
Every mobile home and tourist trailer unit should be required to
contain a suitable fire extinguisher rated for the type of unit
in which it is located.
SIGNED, SEALED & DELIVERED )
in the presence of: )
f
- E,- e „_ ) KEITH CONNELL, Owner
" r. b 'r .Si'.pp
r L u ) THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
Mayor
Per: "� �`
DATED:
K. CONNELL
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
DEVELOPMENT AGREEMENT