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Report To: Planning and Development Committee
Date of Meeting: March 18, 2024 Report Number: PDS-007-24
Submitted By:
Reviewed By:
Authored by:
File Number:
Report Subject:
Carlos Salazar, Deputy CAO, Planning and Development Services
Mary-Anne Dempster, CAO Resolution #: PD-012-24
Karen Richardson
40M-2603 By-law #: 2024-012
Cotton Street Extension, Plan 40M-2603 Assumption By-Law
Recommendation:
1.That Report PDS-007-24 and any related delegations or communication items, be
received;
2.That the draft By-law (Attachment 2) to Report PDS-007-24, be approved; and
3.That all interested parties listed in Report PDS-007-24 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-007-24
Report Overview
This report concerns the Cotton Street Extension. It requests Council’s permission to
approve a by-law to assume certain streets within Plan 40M-2603 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered on November 16, 2016, with 2373338 Ontario Ltd. to develop lands by plan
of subdivision, located in Bowmanville and described as Plan 40M -2603 (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. These works were completed and accepted by the Deputy CAO of
Planning and Infrastructure Services through provisions in the Subdivision Agreement.
2. Proposal
2.1 A by-law is required to permit the Municipality to assume certain street s within Plan
40M-2603 as public highways. The proposed by-law may be found as an Attachment 2
to this report.
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, the
public highways identified in the attached by-law will be added to our asset register and
included in asset management planning.
3.2 The operational costs including winter control will be included in the Municipality’s
operating budgets.
4. Concurrence
4.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with this
report.
Municipality of Clarington Page 3
Report PDS-007-24
5. Conclusion
It is respectfully recommended that the Council pass the by-law found as Attachment 2
to this report. Following its passage, the Municipal Solicitor will register it in the Land
Registry Office.
Staff Contact: Karen Richardson, Manager, Development Review, 905-623-3379 ext. 2327 or
krichardson@clarington.net.
Attachments:
Attachment 1 - Key Map
Attachment 2- By-Law
Interested Parties:
The following interested parties will be notified of Council's decision:
Janina Majerczyk, 2373338 Ontario Ltd.
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B R E N TC RESREPORT PDS- -24
40M-2603.mxd
DRAWN BY:
.
BOWMANVILLE
KEY MAP
DATE:
FILE NAME:
February 12, 2024
E.L.
ATTACHMENT No. 1
J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2603.mxd
Cotton Street
Extension
Subdivision
Plan 40M-2603
Attachment 1 to
PDS-007-24
Attachment 2 to
Report PDS-007-24
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2024-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 streets and blocks shown on Plan 40M-2603, 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:
Block 6 (Street Widening)
Cotton Street
Passed in open Council this XX day of MMM, 2024.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk