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Report To: Planning and Development Committee
Date of Meeting: May 13, 2024 Report Number: PDS-021-24
Submitted By:
Reviewed By:
Authored by:
File Number:
Report Subject:
Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Trevor Pinn, Deputy CAO/Treasurer Resolution #: PD-041-24
Karen Richardson, Manager, Development Engineering
18T-89012 By-law #: 2024-023
Newtonville Estates Phase 2, Plan 40M-2458 Assumption By-law
Recommendation:
1.That Report PDS-021-24, and any related delegations or communication items, be
received;
2.That the Deputy CAO 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-2458:
3.That the draft By-law (Attachment 2) to Report PDS-021-24, be approved: and
4.That all interested parties listed in Report PDS-021-24 and any delegations be advised
of Council’s decision
Municipality of Clarington Page 2
Report PDS-021-24
Report Overview
This report concerns Newtonville Estates Phase 2. It requests Council’s permission to
approve a by-law to assume certain streets within Plan 40M-2458 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered on May 23, 2007, with 1044960 Ontario Ltd. to develop lands by plan of
subdivision, located in Newtonville and described as Plan 40M -2458 (Attachment 1).
The agreement required the developer to construct all roadworks, including hot-mix
paving, street trees, a storm drainage system, a storm drainage facility, and streetlights.
These works were completed and accepted by the Deputy CAO of Planning and
Infrastructure Services through provisions in the Subdivision Agreement
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 Deputy CAO 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 Deputy CAO of Planning and Infrastructure Services.
1.4 Storm Water Management System:
Not Applicable
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 October 1, 2014. This initiated a one (1) year maintenance period, which expired
on October 1, 2015. The Works were re-inspected at that time, and all deficiencies have
now been rectified to the satisfaction of the Deputy CAO of Planning and Infrastructure
Services.
Municipality of Clarington Page 3
Report PDS-021-24
2. Proposal
2.1 A by-law is required to permit the Municipality to assume certain streets within Plan
40M-2458 as public highways. The proposed by-law may be found as Attachment 2 to
this report.
3. Financial Considerations
3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure
assets. Once assumed by the Municipality, the repair, maintenance, and replacement
are the responsibility of the Municipality of Clarington.
3.2 The operational costs, including winter control, will be included in the Municipality’s
operating budgets.
4. Concurrence
This report has been reviewed by the Deputy CAO of Plann ing and Infrastructure who
concurs with the recommendation.
5. Conclusion
It is respectfully recommended that Council pass the By-law found as Attachment 2 to
this report. Following its passage, the Municipal Solicitor will register it with the Land
Registry Office.
Staff Contact: Karen Richardson, Manager of Development Engineering, 905-623-3379 ext.
2327 or krichardson@clarington.net.
Attachments:
Attachment 1 – Key Map
Attachment 2 – By-Law to Report PDS-021-24
Interested Parties:
The following interested parties will be notified of Council's decision:
Frank Veltri, 1044990 Ontario Ltd.
PAYNES CRESCENT
JONES AVENUE
ROSE CRES
REGIONAL ROAD 18NEWTONVILLEJONES AVENUE
CHARLES TILLEY CRESCHARLES TILLEY CRESREPORT PDS- -24
40M-2458.mxd
DRAWN BY:
.
Newtonville Estates
Subdivision
Phase 2
Plan 40M-2458
NEWTONVILLE
KEY MAPNewtonville Rd.Paynes Cr.
H i g h w a y N o . 2Ovens Rd.DATE:
FILE NAME:
February 12, 2024
E.L.
ATTACHMENT No. 1
J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2458.mxd
Hill St.
Attachment 1
to PDS-021-24
Attachment 2 to
PDS-021-24
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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 blocks shown on Plan 40M-2458, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, is hereb y
established, laid out, and dedicated by The Corporation of the Municipality of
Clarington as public highway:
Block 21 (0.3m Reserve)
2. That the streets and blocks shown on Plan 40M-2458, 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:
Charles Tilly Cresent
Block 21 (0.3m Reserve)
Passed in open Council this xx day of May, 2024.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk