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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: March 27, 2023 Report Number: PDS-019-23
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By:
File Number:
Report Subject:
Mary -Anne Dempster, CAO
18T-96013
Resolution#: PD-032-23
By-law Number: 2022-025
Port of Newcastle Phase 2, Stage 3, Certificate of Acceptance and
Assumption By -Law, and Final and Other Related Works
Recommendations:
1. That Report PDS-019-23 and any related delegations or communication items, be
received;
2. That the Director of Planning and Infrastructure Services be authorized to issue a
Certificate of Acceptance for the Final Works, which includes final stage roads and
other related works constructed within Plan 40M-2373;
3. That the draft By-law (Attachment 1), assuming certain streets ad block within Plan
40M-2373 (Attachment 1), be approved; and
4. That all interested parties listed in Report PDS-019-23 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-019-23
Report Overview
Page 2
This report concerns Port of Newcastle Phase 2, Stage 3. It requests Council's permission
to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-
law to assume certain streets within Plan 40M-2373 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered October 10, 2007, with 1138337 Ontario Inc., CCCC Durham West Ltd., and
Port of Newcastle Harbourview Ltd., to develop lands by land of subdivision, located in
Courtice and described as Plan 40M-2373 (Attachment 1). The agreement required the
developer to construct all roadworks, including hot -mix paving, sidewalks, curb and
gutter, street trees, a storm drainage system, and streetlights, hereinafter referred to as
the Works.
The Subdivision Agreement provides for:
1.2 Initial Works
These works were issued a Certificate of Completion and a subsequent Certificate of
Acceptance by the Director of Planning and Infrastructure Services.
1.3 Street Lighting System
These works were issued a Certificate of Completion and subsequent Certificate of
Acceptance by the Director of Planning and Infrastructure Services.
1.4 Storm Water Management System
These works were issued a Certificate of Completion and subsequent Certificate of
Acceptance by the Director of Planning and Infrastructure Services.
1.5 Final Works
These works, which include all surface works such as curb and gutter, sidewalk, hot mix
paving, boulevard works and street trees, were issued a Certificate of Completion dated
September 1, 2017. This initiated a one (1) year maintenance period, which expired on
September 1, 2018. The Works were re -inspected at that time, and although the
developer experienced delays in completing repairs, all deficiencies have now been
rectified to the satisfaction of the Director of Planning and Infrastructure Services.
Municipality of Clarington
Report PDS-019-23
2. Proposal
Page 3
2.1 It is now appropriate to issue a Certificate of Acceptance for the Final Works. The
Subdivision Agreement requires Council approval prior to the issuance of the Certificate
of Acceptance for the Final Works.
2.2 Further to the issuance of a Certificate of Acceptance, a by-law is required to permit the
Municipality to assume certain streets within Plan 40M-2373 as public highways
(Attachment 2).
3 Financial Considerations
3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure
assets. Once the assets are assumed by the Municipality, the repair, maintenance and
replacement are the responsibility of the Municipality of Clarington. Specifically,
Shipway Avenue, Milligan Street, Keating Drive, Donaldson Drive, Lakebreeze Drive,
and Toronto Street will be added to our asset register and included in asset
management planning.
3.2 The operation costs including winter control will be included in the Municipality's
operating budget.
4 Concurrence
Not Applicable.
5. Conclusion
It is respectfully recommended that the Director of Planning and Infrastructure Services
be authorized to issue a Certificate of Acceptance for the Final Works, which includes
finals stage roads and other related Works constructed within Plan 40M-2373, and that
Council approve the by-law attached to Report PDS-NNN-23 assuming certain streets
within Plan 40M-2373 as public highways.
Staff Contact: Karen Richardson, Manager, Development Engineering, 905-623-3379 ext.
2327 or krichardson@clarington.net.
Attachments:
Attachment 1 — Key Map and By -Law Report
Interested Parties:
Municipality of Clarington
Report PDS-019-23
The following interested parties will be notified of Council's decision:
William Daniel, 1138837 Ontario Inc.
William Daniel, CCCC Durham West Ltd.
William Daniel, Port of Newcastle Harbourview Ltd.
Page 4
Attachment 1 to
Report PDS-NNN-23
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2023-XXX
Being a by-law to establish, lay out and dedicate certain lands as public highways in the
Municipality of Clarington, to assume certain streets within the Municipality of Clarington
as public highways in the Municipality of Clarington, and to name them.
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That the blocks shown on Plan 40M-2373, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, are
hereby established, laid out, and dedicated by the Corporation of the Municipality
of Clarington as public highways:
2. That the streets and blocks shown on Plan 40M-2373, and listed below in this
section, being in the Municipality of Clarington, in the Regional Municipality of
Durham, are hereby accepted by the Corporation of the Municipality of Clarington
as public highways, and assumed by the said Corporation for public use:
Shipway Avenue
Milligan Street
Keating Drive
Donaldson Drive
Lakebreeze Drive
Toronto Street
Block 77
Passed in Open Council this XX day of MMMM, 2023.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Block 77
Port of Newcastle
Subdivision
Phase I2, Stage 3
Plan 40M-2373
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Milligan
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NEWCASTLE
KEY MAP
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