Loading...
HomeMy WebLinkAboutPD-41-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: CONSENT.GPA REPORT Meeting: General Purpose and Administration Committee F i I e # Date: Monday, February 3 , 1992 Res. #L--,-- PD-41-92 PLN 30 . 3 By-Law J, Report#: File#: Subject: REQUIREMENT FOR AGREEMENT AS A CONDITION OF APPROVAL FOR CONSENT FILE: PLN 30. 3 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-41-92 be received; 2 . THAT the Mayor and Clerk be authorized by by-law to execute agreements imposed as a condition on the giving of land severances pursuant to Section 53 of the Planning Act R. S.O. 1990; and 3 . THAT the Region of Durham Land Division Committee be so advised. 1. BACKGROUND 1. 1 In October of 1988 , Committee and Council considered a joint report from the Director of Public Works and Planning and Development. The report addressed the issue of drainage problems caused by new residential building construction impacting on existing neighbouring properties. The report recommended that the Town require, as a standard condition of approval for all consent applications, that the applicant submit a site grading and drainage plan for the approval of the Director of Public Works. In addition, the applicant was required to deposit with the Town a $1000 . 00 deposit and register on title a clause with regard to grading and certification of the work being completed. 1. 2 Council supported staff' s report and approved the following resolution. • • • • 2 X30 REPORT NO. PD-41-92 PAGE 2 "THAT effective immediately, the Town shall require the following conditions of approval to be imposed on all consent applications: a) "THAT the applicant shall submit, for the approval by the Director of Public Works, a Lot Grading and Drainage Plan to be prepared by an Engineer or Surveyor in accordance with the Town's standards prior to final clearance for consent by the Town. " b) "THAT the applicant shall deposit with the Town, in the amount of $1, 000. per lot as Performance Guarantee for grading and drainage work. Said deposit will be refunded to the applicant when all grading and drainage works are completed to the satisfaction of the Director of Public Works. " C) "THAT the following clause will be registered on title: "THAT the Owner shall provide an Engineering Certificate certifying that the site grading and drainage have been completed in accordance with the approved plan prior to the occupancy of said dwelling. "" Following Council's approval of the above resolution, Staff have implemented the policy requiring grading and drainage conditions be imposed on all consent approvals. 1. 3 On September 23 , 1991, the Province closed the local Registry Office in Bowmanville, and amalgamated this office with the Registry office in Whitby, in a larger newly constructed building. The one office now serves the entire Durham Region. Shortly after this amalgamation,the Registry Office in Whitby refused to register the above noted clause on title. Staff at the Registry Office maintain it is not enforceable by the Province, therefore they refuse to register it on title. 2 . COMMENTS 2 . 1 Staff believe there is a necessity to maintain control and ensure proper grading and drainage of lots associated with . . . . 3 531 REPORT NO. PD-41-92 PAGE 3 new residential development. The registration of the above noted clause on title formerly served as a warning to potential purchasers, that a lot grading and drainage plan had been prepared and approved by the Town for the lands in question, and that prior to occupancy of a dwelling on the lot, a certificate had to be presented to the Town in order to have the $1000. 00 performance guarantee refunded. 2 . 2 This clause also provided assurance to neighbouring land owners, that they would not be negatively impacted by poor grading and drainage of an adjacent newly created lot. The Town must be satisfied that the proposed grading of a new lot, will not increase water runoff, or cause flooding on adjacent lands. 2 . 3 Lots within plans of subdivision are not of concern to Staff, as grading and drainage are controlled through provisions contained within the agreement executed between the Town and the applicant or owner. The agreement is registered on title and all potential purchasers can review the various requirements and constraints. 2 . 4 Staff at the Registry Office explained that clauses regarding matters of grading and drainage can be contained in a development agreement which is registered on title. An agreement specifies the parties involved and the requirements and constraints of each individual party to the agreement. 2 . 5 It is suggested therefore that in order to continue registering clause (c) of the 1988 Council resolution on title, the Town require as a condition, imposed on the giving of land severances, all applicants to enter into an . . . . 4 REPORT NO. PD-41-92 PAGE 4 agreement pursuant to Section 53 of the Planning Act 1990, with the Town. Where appropriate said agreement will contain the clause with regard to the provision of an engineering certificate prior to occupancy of the dwelling and such other provisions as are considered to be appropriate having regard to the particular land severance. 2 . 6 As was previously the situation, staff recognize that there will be circumstances where the drainage plan requirement and need for an agreement is simply not warranted. The Director of Public Works shall continue to have the authority to waive the grading requirements as per Council's resolution. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I. P. La rence E' Kotseff Director of Planning Chief Ad i istrative and Development Officer CP*FW*cc Attachment No. 1 - By-law 29 January 1992 attachment 1 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a By-law to authorize the Mayor and Clerk to execute agreements imposed as a condition of the giving of consent to Land Severances. WHEREAS Section 53 of the Planning Act R.S.0 1990 Chapter P.13 permits conditions to be imposed on the giving of consent to Land Severances under that Section and the conditions may require that an agreement be' made by the Owner with the Corporation of the Town of Newcastle; WHEREAS the aforesaid agreement may be registered against the title to the lands; NOW THEREFORE the Council of The Corporation of the Town of Newcastle enacts as follows: 1. The Mayor and Clerk be authorized to execute on behalf of the Corporation of the Town of Newcastle agreements required to be made with the Town by the Owner of the land as a condition of the granting of consents to Land Severances under Section 53 of the Planning Act R.S.O. 1990 Chapter P.13, where the Director of Planning and Development and the Director of Public Works deem it appropriate. 2. This By-law shall come into effect on the date of the passing hereof. BY-LAW read a first time this day of 1992. BY-LAW read a second time this day of 1992. BY-LAW read a third time and finally passed this day of 1992. MAYOR CLERK ,534