HomeMy WebLinkAboutWD-64-91 TOWN OF NEWCASTLE
ell REPORT File # la.1 . Vo-65
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Res. #
By-Law #
hEFTING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JULY 8, 1991
WD-64-91
REPORT #: FILE #: B2 . 10, 001
AMENDMENT TO A SUBDIVISION AGREEMENT BETWEEN THE CORPORATION
WUCT: OF THE TOWN OF NEWCASTLE AND SCHICKEDANZ BROS. LIMITED,
DATED JULY 18, 1989
PLAN 18T-87033
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-64-91 be received; and
2 . THAT Council approve the by-law attached to Report WD-64-91 which
authorizes the Mayor and Clerk to execute an amendment to the
subdivision agreement between the Corporation of the Town of
Newcastle and Schickedanz Bros . Limited, dated July 18, 1989 for
Plan 18T-87033.
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REPORT
1.0 ATTACHMENTS
No. l: Key Map
No.2; By-law 91-
2.0 BACKGROUND
2 . 1 The Town of Newcastle entered into an Subdivision Agreement dated
July 18, 1989 , with Shickedanz Bros . Ltd. for the development of
Plan 18T-87033, located north of Concession Street between
Liberty Street and Mearns Avenue, as shown on Attachment 1.
, .2
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REPORT NO. : WD-64-91 PAGE 2
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2 .2 The provisions of the subdivision agreement for the development
of Plan 18T-87033, required that Shickedanz Bros . Ltd. be
responsible to construct all the Stormwater Management Works
required on the West Branch of the Soper Creek to service the
development of the entire watershed. Although Schickedanz Bros .
Limited only formed a part of the watershed, they were required
by the Town to front end the costs of all the Stormwater Works
and recover their oversizing costs through the provisions of the
subdivision agreement.
2 .3 The subdivision agreement included provisions for the
reimbursement to Schickedanz Bros . Limited, for costs of the
oversized Stormwater Management works, from developers of lands
connecting to these oversized works . The mechanism for the
reimbursement required that the Town collect from the developer
connecting to these oversized works, their share of the costs of
these oversized works, and reimburse Shickedanz Bros . Ltd.
2 .4 The passing of the Development Charges Act, Bill 20, precludes
the Town from collecting costs for oversizing works from
benefitting lands and reimbursing Schichedanz Bros . Limited,
without the execution of a `Front Ending Agreement' .
3.0 CONCLUSION
3. 1 In order to comply with the requirements of the Development
Charges Act and reimburse Shickedanz Bros . Ltd. for the costs of
the oversized works, we require an amendment to the subdivision
agreement to includes provisions for a `Front Ending Agreement' .
Respectfully submitted, Recommended for presentation
to the Committee,
Z,
,, .
/��al��er------------------ - --- - -----------------
A. Evans, P.Eng. , Lawrenc Kotseff,
Director of Public Works Chief Adm nistrative Officer
ASC*WAE*llv
June 27, 1991
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�-64-91
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 91-
Being a By-law to amend By-law #88-93, being
a By-law to authorize the entering into of an
agreement with Schickedanz Bros. Limited and
the Corporation of the Town of Newcastle.
The Council of the Corporation of the Town of Newcastle hereby enacts as
follows:
1. THAT the Mayor and Clerk be authorized to execute on behalf of the
Corporation of the Town of Newcastle, and seal with the Corporation's
seal, an amendment to a subdivision agreement dated July 18, 1989, for
Plan 18T-87033, between Schickedanz Bros Limited and the Corporation
of the Town of Newcastle dated on day of 1991, in
the form attached hereto as Schedule "A" and forming a part of •this
by-law.
BY-LAW read a first time this day of 1991.
BY-LAW read a second time this day of 1991.
BY-LAW read a third time and finally passed this day of 1991.
MAYOR
CLERK
ATTACHMENT 1110, 2
WD-G4-91
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