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HomeMy WebLinkAboutWD-64-91 TOWN OF NEWCASTLE ell REPORT File # la.1 . Vo-65 .�� 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. ------------------------------------------------------------------- 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 i I REPORT NO. : WD-64-91 PAGE 2 I 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 Attachment —J I AY£. 0�� Ft t II CLAYTON .� NEADOW" I T gg SUBJECT POIIRTN ST. W+w,oNC ct. SITE ct a J EDtALI AVE d" Af)"R A . 7 3T. � 7A1M106ti STUMi0CK ; RD. CT. °< COMCE33" cow �® SC W. r WEST BRANCH OF SOPER CREEK soucm o � � �ZSLE GS 1 1TREE CR ST _ CT$ Z ~� CT. a COIF CT. kAyQ ¢ o HIGHWAY M 2 ok o 41 -T ' �O Q DEEIIPARI( o � 4 o o� NOB6E Dll o o SOPE } ca".� a o ST Z W SCOTT Av P11E � a RASEUNE ROAD W. a DASELNE ROAD E, DRAWN J .M. =DATE NE 28/91 4 < .-� HIGHWAY N' 401 ATTACHMENT NO, 1 �-64-91 6d 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 C