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HomeMy WebLinkAbout75-177Report No, 177 11 letter from the Ministry of Housing requesting the Town's comments on a subdivision proposed for lots 18 and 199 Conces- sion X, Darlington was referred to the Planning Advisory Comm- ittee. This application is for a 30 lot Estate Residential sub- division. Part of this site is designated "Suburban Residential" in the Darlington Official Plan. However, the remainder of the subject site is designated "Agricultural". The applicant has submitted an application to amend the Darlington Official Plan for the lands not designated "Suburban Residential". This application has been circulated to various agencies for comm- ents. To date we are still awaiting two replies which are re.-•- quired before a report can be made to this Committee. The larger portion of the site is designated "Rural" in the Interim District Plan, with less than half designated "Hamlet". This plan suggests that new development in the Ham- lets should be allowed only after the development potential for the Hamlet has been assessed. The Region is presently formul- ating a Regional Servicing Study which will provide input into these planning studies. The Regional Works department has therefore advised that this proposal is premature. 111so, the Town requires that an application for Plan of Subdivision be made to the Town separately from any application to the Ministry of Housing, in order that staff may circulate it to appropriate authorities to aid in the formulation of comments to the Ministry. To date, no such application has been submitted to the Town. For these reasons, it is recommended that the Ministry and the applicant be advised that the Town is not in a position to comment on this application at this time pending receipt of an application for subdivision on the Town's usual form. Respectfully submitted, George F. Howden, Planning Director. LEGEND BURKETON STATION- INDICATES AREA OF THIS DRAFT PLAN Q ADJOINING LAND OWNED BY APPLICANT ---'' ''—Lor ie---._-� TOURIST CAMP TOWN OF NEWCASTLE !_rie ;iN4lipiW4 PN: 444418 DRAFT: 11 November 1974 REVISED: 4 February 1975 MUNICIPAL PLANNING CONSULTANTS CO. LTD. TOWN PLANNERS . PROFESSIONAL ENGINEERS TORONTO KINGSTON CANADA Registered: 197 . THIS AGREEMENT made in quintuplicate this day of A.D., 197 . B E T W E E N: hereinafter called the "Owner", OF THE FIRST PART -and- THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Municipality", OF THE SECOND PART -and- hereinafter called the "Mortgagee", OF THE THIRD PART WHEREAS the lands affected by this Agreement, which are designated on Schedule "A" hereto and described in Schedule "B" hereto, are herein- after referred to as the "said lands" and are reported to be about 7.75 acres; AND WHEREAS the Owner warrants that it is the registered owner of the said lands; AND WHEREAS the Owner and Mortgagee represent that the Mortgagee is the only Mortgagee of the said lands; AND WHEREAS in this Agreement, "Owner" includes an individual, an Asso- ciation, a Partnership of Corporation and, wherever the singular is used herein, it shall be construed as including the plural; AND WHEREAS the Owner has requested the Municipality to amend Zoning By- law Number 2111, as amended, of the former Township of Darlington to permit the use of the said lands for the purposes of a Tourist Camp and to seek the approval of such amendment by the Ontario Municipal Board; AND WHEREAS the Municipality has recommended that the Owner shall enter into this Agreement whereby the Owner shall be required to perform and comply with the conditions and regulations hereinafter referred to, and to undertake to make certain financial requirements with the Municipality, hereinafter referred to; (1) NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other good and valuable consideration and the sum of One Dollar ($1.00) of lawful money of Canada, now paid by each of the parties hereto to each of the other parties hereto, (the receipt whereof is hereby acknowl- edged), the parties hereby convenant, promise and agree as follows: SCHEDULES 1. The following Schedules, which are identified by the signatures of the parties to this Agreement and which are attached hereto together with all provisions contained therein, are hereby made a part of this Agreement as fully and to all intents and purposes as though recited in full herein: Schedule "A" - "Site Plan of Tourist Camp" Schedule "B" - "Legal Description of Said Lands" Schedule "C" - "Charges Against Said Lands" Schedule "D" - "Easements" Schedule "E" - "Land Dedications" Schedule "F" - "Municipal Costs to be Paid by Owner" COMPLIANCE WITH BY-LAWS, STATUTES AND REGULATIONS 2. The Owner agrees that the development of the said lands including the installation and maintenance of all services and facilities, the erection and use of any buildings or structures and the operations on the said lands shall comply with all applicable Municipal, Regional, Provincial and Federal by-laws, statutes and regulations. USE OF SAID LANDS 3. The Owner agrees that the said lands shall be used for no purposes other than a Tourist Camp, as shown on Schedule "A" to this Agreement. The Owner further agrees that the Tourist Camp shall be open only to members and guests of the Preservation Sanctuary Club and shall not be open to the general public. PAYMENT OF TARES 4. The Owner shall pay, at the time of execution of this Agreement, all Municipal taxes outstanding against the said lands as set out in Schedule "C" hereto. The Owner also agrees to pay any Municipal taxes, which may become due and payable by him, prior to the sale by the Owner of any of the said lands. PAYMENT OF LOCAL IMPROVEMENT AND DRAINAGE CHARGES 5. The Owner shall pay, at the time of execution of this Agreement, all charges with respect to existing local improvements and drainage charges under The Drainage Act assessed against the said lands. Such charges shall be as set out in Schedule "C" hereto and shall include the Municipality's share of any local improvements which serve the said lands. LIABILITY OF OWNER 6. Until the Certificate of Occupancy referred to herein has been issued by the Municipality, the Owner shall indemnify the Municipality against all actions, causes for action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Owner undertaking the development of the said lands. (2) Divfxlu 7. The Owner and the Mortgagee shall provide the Municipality and/or any other public agency with gratuitous easements across the lands described in Schedule "D" hereto for the use of the Municipality, and/ or other public agency. The Owner agrees that he will not convey, or agree to convey, any lands in which the Municipality and/or other public agency is being conveyed an interest by way of easement, right- of-way, or agreement under the terms of this Agreement until such time as the Municipality and/or other public agency has registered on title of the property through which an easement or right-of-way passes, the grant of easement or right-of-way. LAND DEDICATIONS 8. Prior to commencing construction, the Owner shall deposit with the Municipality a deed of conveyance in respect to any lands as set out in Schedule "E" hereto for road widening purposes and one foot reserves. Such deed shall permit the Owner to retain right of access over the lands so dedicated provided that the rights of the Owner shall not be construed as permitting the Owner to impede the use of the dedicated lands by the Municipality. FILL OR DEBRIS 9. The Owner agrees to neither dump nor permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any lands referred to in Schedule "E" hereto, other than the actual rights- of-way for vehicular access to the said lands, without the written consent of the Municipality. REQUIREMENTS FOR COMMENCEMENT OF CONSTRUCTION 10. Before construction of any of the works is commenced, in addition to any other requirements contained herein, the Owner shall have ob- tained from the Municipality an entrance permit to allow vehicular access to the Tourist Camp from the abutting road. SERVICE DAMAGE OR RELOCATION COSTS 11. The Owner agrees to pay the cost of repairing any damages to any existing services and/or utilities, and the cost of relocating any existing services and/or utilities caused by the development and/or operation of the said lands. REMOVAL OF TOPSOIL 12. No topsoil shall be removed from the said lands except for con- struction purposes and such topsoil shall remain within the limits of the said lands. GARBAGE AND DEBRIS DISPOSAL 13. All garbage and debris resulting from the development of the said lands must be disposed of in an orderly and sanitary fashion in a dump- ing area provided by the Owner and approved by the Municipal Engineer. The Municipality is not responsible for the removal or disposal of garbage and debris. The Owner agrees to deliver a copy of this Clause to each and every builder obtaining a building permit for any part of the said lands. (3) MAINTENANCE AND CLOSING OF EXTERNAL ROADS 14. The road abutting the said lands and any roads used for access during any construction on the said lands shall be kept during the said construction in as good condition as that now existing and, if damaged, shall be restored to a good and usable condition at least equal to that existing prior to the construction and to the approval of the Municipal Engineer. No road outside the limits of the said lands may be closed without the written consent of the Director of Works. REQUIREMENTS FOR OCCUPANCY 15• The Owner shall not permit the occupancy of the said lands or any buildings erected or placed thereon until the Municipality has issued a Certificate of Occupancy. Such Certificate shall not be issued until: (1) the required water supply facilities have been inspected and approved by the Health Unit or the Ministry of the Environment; (2) the required sewage disposal facilities have been inspected and approved by the Health Unit or the Ministry of the Environment; (3) the required storm drainage system has been inspected and approved by the Director of Works; (4) the required roads and parking facilities have been inspected and approved by the Director of Works as conforming to Schedule hereto; (5) the required electrical distribution system has been inspected and approved by the Hydro Electric Power Commission of Ontario; (6) the required landscaped areas and planting strips have been in- spected and approved by the Director of Works as conforming to Schedule "A" hereto. PERMISSION TO ENTER 16. The Owner or any subsequent owner shall permit a Municipal Inspector authorized by Council and/or the representatives of any other public agency to enter the Tourist Camp and service buildings to ensure compli- ance with the provisions of this Agreement. COSTS TO BE PAID BY THE OWNER 17. Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words "at the expense of the Owner" unless the context otherwise requires. The Owner shall reimburse the Municipality for all legal, engineering and planning costs incurred by the Municipality in connection with the development of the said lands as set out in Schedule "F". All additional costs in excess of the costs detailed in Schedule "F" incurred by the Municipality shall be reimbursed by the Owner. INTEREST ON UNPAID CHARGES 18. Interest at the usual Municipal rate shall be payable by the Owner to the Municipality on all sums of money payable herein, which are not paid on the due dates, calculated from such due dates. The due date of any such sum of money payable herein shall be thirty (30) days after the date of the invoice. (4) NOTIFICATION OF OWNER 19• If any notice is required to be given by the Municipality to the Owner with respect to this Agreement, such notice shall be mailed or delivered to: . .. ................ .......... . ............... or such address as the Owner has notified the Municipality in writing, and any such notice mailed or delivered shall be deemed good and suffi- cient notice under the terms of this Agreement. REGISTRATION OF AGREEMENT 20. The Owner and Mortgagee hereby consent to the registration of this Agreement by the Municipality, and at the sole discretion of the Munic- ipality, upon the title to the said lands. RENEGOTIATION OF AGREEMENT 21. In the event that no construction on the said lands has commenced within one year from the date of registration of this Agreement, the Municipality may, at its option on one month's notice to the Owner, declare this Agreement to be subject to renegotiation, whereupon the Owner agrees that he will not undertake any construction on the said lands until this Agreement has been renegotiated. BREACH OF AGREEMENT 22. The Owner agrees that the Municipality may treat any breach of this Agreement as a breach of the Building By-law and stop work until the breach is rectified. INTEREST IN THE SAID LANDS 23. The Owner and Mortgagee hereby charge all their interest in the said lands with the obligations set out in this Agreement. SUCCESSORS 24. This Agreement shall enure to the benefit of and be binding upon all of the parties hereto and its, his or her respective heirs, exec- utors, administrators, successors and assigns. CONSENT TO ASSIGNMENT 25• The Owner may assign this Agreement only with the written consent of the Municipality. (5) IN WITNESS WHEREOF the Parties hereto have hereunder set their hands and seals the day and year first above written, and the Parties hereto have hereunto affixed their Corporate Seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: Authorized and approved by By-law Number....... enacted the....... day of ............... 197 . (OWNER: ( (SEAL) ( (MORTGAGEE: ( ( ( ( ( ( (SEAL) ( (THE CORPORATION OF THE TOWN OF NEWCASTLE: { (SEAL) { (Clerk) (6) SCHEDULE "A" TO AGREEMENT SITE PLAN OF TOURIST CAMP SCHEDULE "B" TO AGREEMENT LEGAL DESCRIPTION OF SAID LANDS SCHEDULE "C" TO AGREEMENT EASEMENTS SCHEDULE "D" TO AGREEMENT LAND DEDICATIONS 1. ROAD WIDENING The road widening to be deeded to the Municipality is: 2. ONE FOOT RESERVE The one foot reserve to be deeded to the Municipality is: SCHEDULE "F" TO AGREEMENT MUNICIPAL COSTS TO BE PAID BY OWNER 1. Engineering and Inspection Costs: 2. Planning Costs: 3. Legal Costs: 4. Municipal Administration Costs: APPLICATION FOR TOURIST CAMP LICENSE TOWN OF NEWCASTLE PN: 444o/5 DRAFT: 7 February 1975 MUNICIPAL PLANNING CONSULTANTS CO. LTD. TOWN PLANNERS . PROFESSIONAL ENGINEERS TORONTO KINGSTON CANADA APPLICATION FOR TOURIST CAMP LICENSE INFORMATION SHEET FOR APPLICANT 1. NUMBER OF COPIES Every application must be completed in triplicate. 2. COMPLETION OF APPLICATION All applicable information requested on the application form must be provided before the application will be considered by the Municipality. 3. LICENSE FEE REQUIRED Every application must be accompanied by a certified cheque, in the amount of Ten Dollars ($10.00), payable to the Town of New- castle. 4. SITE PLAN REQUIRED Every application to establish or expand a tourist camp should be accompanied by 3 copies of a site plan (based on a boundary survey plan of the subject lands prepared by an Ontario Land Surveyor) drawn to an appropriate scale and properly dimensioned. The site plan should show the subject lands and information on topography, natural features and existing and proposed land uses, buildings and structures. 5. AMENDMENTS TO ZONING BY-LAW AND/OR DISTRICT PLAN If a Zoning By-law and/or District Plan amendment is required, the Applicant shall complete the APPLICATION FOR AMENDMENT TO DISTRICT PLAN AND/OR ZONING BY-LAW. These applications are available from the Municipal Office. APPLICATION FOR TOURIST CAMP LICENSE APPLICATION FORM Town of Newcastle, Municipal Offices, Hampton, Ontario. LOB 1JO Attention: Gentlemen: The undersigned hereby applies to the Town of Newcastle for the issuance of a tourist camp license in respect of the lands herein- after described. Enclosed herewith is a certified cheque, in the amount of Ten Dol- lars ($10.00), payable to the Town of Newcastle, as a license fee. (NOTE: The following is to be completed by the Applicant) 1. APPLICANT AND OWNERSHIP INFORMATION APPLICANT'S NAME :............................................... ADDRESS:..................................................... TELEPHONE :............................... .................... APPLICANT'S INTEREST IN SUBJECT LANDS: REGISTERED OWNER (?)................ PROSPECTIVE PURCHASER (?)........... MORTGAGOR/MORTGAGEE (?)............. ANYOTHER INTEREST (?) ..................................... REGISTERED OWNER'S NAME :..................... . . ................. ADDRESS:..................................................... TELEPHONE :.............................. . . .................... 2. DESCRIPTION OF SUBJECT LANDS LOCATION: Lot(s)................... Concession(s).............. Lot(s)................... Plan No.................... TOTAL ACREAGE :.................................................. PRESENT DISTRICT PLAN DESIGNATION(S):........................... PRESENTZONING CATEGORY(S):..................................... (1) 3 4. SUPPLEMENTARY INFORMATION (to be attached to this application if required) APPENDIX 1 - SITE PLAN: 3 copies of a site plan (based on a boundary survey plan of the subject lands prepared by an Ontario Land Surveyor) drawn to an appro- priate scale, properly dimensioned and showing thereon: (a) location and area of lands to be used for tourist camp; (b) topographic contours of subject lands; (c) location of all waterbodies, watercourses, drainage ditches and wooded areas on sub- ject lands; (d) location and size of all existing build- ings, structures and roads; (e) location and size of all proposed camp lots, buildings, structures, recreational facilities, landscaped open spaces, plant- ing strips, driveways, parking areas and pedestrian walkways. I,..... ...... ....... ...... solemnly declare that all above statements and the information contained in all the Appendices transmitted herewith are true. I understand that any false statements or information transmitted herein shall be sufficient grounds for the Town of Newcastle to refuse or revoke the license applied for herein. Date (2) Signature of Applicant APPLICATION FOR TOURIST CAMP LICENSE OFFICE RECORD Application number Date received Checked for completion Returned to applicant for further information Information requested received copies of site plan requested •copies of site plan received Date sent to commenting Agencies Deadline for returning comments Amendment application required Date amendment(s) approved Development agreement prepared Development agreement signed by Applicant Development agreement approved by Council _ Conditions of final approval met Date license issued Number of camp lots approved