HomeMy WebLinkAboutPD-19-85 4
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231
REPORT TO THE SPECIAL COUNCIL MEETING OF MARCH 4, 1985
REPORT NO. : PD-19-85
SUBJECT: APPEAL TO ZONING BY-LAW 84-63
APPLICATION FOR REZONING - E. POLLARD
PART LOTS 29/30, CONC. 3, DARLINGTON
OUR FILES: DEV 83-22 and Pln 4.1
RECOMMENDATION:
It is respectfully recommended:
1 . That Report PD-19-85 be received; and
2. That the following resolution be adopted:
"NOW WHEREAS it is the desire of the
Corporation of the Town of Newcastle to support
all reasonable measures to avoid harming the
Second Marsh;
AND WHEREAS the Second Marsh Defence
Association has expressed its interest in
working with the Town to ensure that the Second
Marsh will be adequately protected from
development impacts;
AND WHEREAS the Town, in co-operation with the
Second Marsh Defence Association and the
Canadian Environmental Law Association has
refined its standard Site Plan Agreement to
incorporate provisions intended to protect the
Second Marsh;
. . .2
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REPORT NO. : PD-19-85 Page 2
NOW THEREFORE BE IT RESOLVED that the Staff
of the Corporation of the Town of Newcastle are
hereby directed to incorporate within future
Site Plan Agreements, for lands which are
tributary to the Black, Farewell and Harmony
Creeks,
those specific provisions identified by the
Second Marsh Defence Association and the
Canadian Environmental Law Association which
have been included within the standard form of
Agreement, as may be applicable to each
particular Development application."
BACKGROUND AND COMMENTS:
As Council is aware, among the appeals received in respect
of By-law 84-63, the Town of Newcastle Comprehensive Zoning
By-law, was one submitted by the Canadian Environmental Law
Association on behalf of the Second Marsh Defence
Association. This appeal was in respect of an application
for rezoning submitted by Mr. E. Pollard for Part of Lots 29
and 30, Concession 3, Darlington and identified a number of
concerns with respect to the proposed development. Since
that date Staff have met, on a number of occasions, with
representatives of both parties in an effort to resolve
these concerns and possibly avoid the need for an Ontario
Municipal Board Hearing in respect of this matter. To this
end, Staff have proposed a number of amendments to the
Pollard Development Agreement. These changes are acceptable
to all parties and we have been advised by the Canadian
Environmental Law Association that their client is willing
to withdraw his appeal if assured that the Town will
continue to express concern for the protection of the Second
Marsh through efforts to include these specific provisions
in future Development Agreements that might affect the
Marsh.
. . .3
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REPORT NO. : PD-19-85 Page 3
* Attached herewith is a copy of the Pollard Site Plan
Agreement which incorporates the various revisions requested
by the Canadian Environmental Law Association and the Second
Marsh Defence Association. These changes are highlighted
for the benefit of Council . Staff feel that it would be
most appropriate for the Town to continue to incorporate
such provisions in Development Agreements for lands which
are tributary to the Black, Farewell and Harmony Creek
system, and by resolution, to reaffirm this commitment and
the Town 's desire to mitigate, to the best of our ability,
any potential for impact upon the Second Marsh. This intent
is expressed through Recommendation No. 2 of this Report and
if Council concurs with same, it would be appropriate to
adopt the resolution and to advise the Canadian
Environmental Law Association of our position.
I have been advised by Mr. Murray Klippenstein of the
Canadian Environmental Law Association that adoption of
these measures by the Town of Newcastle would satisfy his
client and that they would forthwith provide us with an
Irrevocable Letter of Withdrawal in respect of their appeal .
Respectf ubmitted,
T.T. Edwards, M.C.I.P.
Director of Planning
TTE*j i p
February 28, 1985
*Attach.
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DEVELOPMENT AGREEMENT MADE (in quintuplicate) this day of
198
B E T W E E N:
563186 ONTARIO LIMITED
hereinafter called the 'OWNER" OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF NEWCASTLE,
hereinafter called the "TOWN" OF THE SECOND PART
WHEREAS the lands affected by this agreement, are described in
Schedule "A hereto and are hereinafter referred to as the "said
lands";
AND WHEREAS it is the intention of the parties hereto that the
buildings .to be constructed on the said lands will be used for rental
purposes and that no application will be made for the registration of
the said lands under the provisions of the Condominium Act;
AND WHEREAS the Owner has represented to the Town that the said lands
are registered in the name of 563186 Ontario Limited as stated in the
Affidavit of Ownership, attached to this agreement as Schedule "B";
AND WHEREAS the Owner proposes to erect an Apartment Complex on the
said lands; and has requested the Town to approve the said
development pursuant to the provisions of By-law 79-151 ;
AND WHEREAS the Town has resolved to approve the said development
pursuant to the said By-law 79-151, provided that the Owner enter
into this Agreement with the Town;
AND WHEREAS the Owner warrants that it has entered, or will enter
into an Agreement with the Regional Municipality of Durham, for the
provision of services from Nash Road and with the approval of the
Director of Public Works of the Town of Newcastle.
NOW THEREFORE, in consideration of the mutual agreements and
covenants hereinafter contained, the parties hereto agree as
follows:
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1. Annexed hereto and marked as Schedule "C" are plans and
drawing showing the size, location, elevation and exterior
architectural design of the buildings which the Owner proposes to
erect on the "said lands". For the purposes of identification,
Schedule "C" consists of the following:
C-1 Site Plan
C-2 landscape Plan incuding tree preservation plan
C-3 Grading and Drainage Plans
C-4 Building A - Elevations
C-5 Building A - Building Sections
C-6 Building B - Elevations
C-7 Building B - Building Sections
C-8 Building C - Elevations
C-9 Building C - Building Sections
C-10 Building D - Elevations
C-11 Building D - Building Sections
C-12 Building E - Elevations
C-13 Building E - Building Sections
C-14 Building F - Elevations
C-15 Building F - Building Sections
Schedule "C-1" to "C-7" inclusive shall be approved by the Director
of Planning and the Director of Public Works prior to commencement of
any works and Schedule "C-8" to "C-15" inclusive shall be approved by
the Director of Planning and the Chief Building Official prior to
issuance of building permits for said buildings.
2.(a) The Owner agrees that no buildings or structures, other than
the buildings shown on Schedule "C" shall be erected on the "said
lands" and further, that in the construction of such buildings the
Owner will comply with the elevations, exterior architectural design,
the location of the buildings on the lot and all other matters
relating to the buildings shown on Schedule "C", unless otherwise
approved by the Director of Planning and the Director of Public
Works.
(b) The Owner further agrees that no mechanical equipment such as
air conditioners or ventalators, shall protrude from the roof or any
other portion of any building unless the design and location thereof,
including screening of such equipment from public view, is approved
by the Director of Planning.
(c) Notwithstanding anything hereinbefore contained it is
understood and agreed that the Director of Planning and the Director
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of Public Works of the Town shall jointly have full power and
authority to approve minor changes to any of the matters referred to
in the said Schedule "C" provided that such changes relate to minor
alterations of any one or more of the following, namely, elevations
of buildings and other structures, changes in landscaping material,
including size, type and spacing of trees or shrubbery, curbing
details, lighting details, and sign details.
3. PARKING AND LOADING
(a) The Owner agrees to provide and maintain off-street parking
and driveway access in accordance with Schedule "C" and to do so in
accordance with specifications to be approved by the Director of
Public Works which shall include a surfacing of parking areas with
concrete or bituminious asphalt. No parking of vehicles shall be
permitted on access or driveway areas which shall be signed and
maintained as fire access routes to the satisfaction of the Fire
Chief.
(b) The Owner further agrees that there shall be no driveway or
walkway exits or entrances to the said lands except as shown in the
said Schedule "C".
4. GARBAGE AND WASTE
(a) The Owner agrees to provide and maintain enclosed garbage
and waste storage facilities as may be required by the
Town for the storage of garbage and other waste materials
from the buildings on the said lands, in accordance with
plans and specifications to be approved by the Directors
of Planning and Public Works and the Fire Chief and as
shown on Schedule "C" hereto.
(b) The Owner further agrees to remove garbage and other
waste materials as often as may be required by the
Director of Public Works and the Fire Chief.
5. SNOW REMOVAL
(a) The Owner agrees to remove snow from and sand, if necessary,
all access ramps, driveways, parking areas, loading areas and
walkways within twelve hours of the cessation of any fall of snow.
(b) The Owner further agrees not to use de-icing compounds on any
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of the parking or driveway areas shown on Schedule "C", in order to
limit the entry of pollutants into the storm drainage system.
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6. GRADING AND DRAINAGE
(a) The Owner agrees to undertake the grading of and provide for
at his cost the disposal of storm, surface and waste water from the
"said lands" and from any buildings or structures thereon in
accordance with plans and specifications to be approved by the
Director of Public Works and annexed to this agreement as a portion
of Schedule "C".
(b) Prior to commencement of construction, the Owner agrees to
undertake or cause to be undertaken the following measures for
sedimentation control.
i) Snow Fencing shall be erected and maintained in the
locations shown on Schedule during a phases of
construction to prevent access to or istur a— nice of the
valley land areas.
ii) Construct and maintain straw bale dams around all inlets
to t e Strom sewer system in accordance with plans and
specifications to be approved by the Director of Public
Works. --
iii) Construct sandbag check dams downstream of all storm sewer
outlets and maintain Such sandbag check dams until all
areas within the site have been revegetated and the storm
water detention facilities" are fully operational .
(c) The Owner shall complete all grading and installation of all
drainage facilities, including catch basins and storm water detention
ponds, in accordance with the said plans as approved and to the
satisfaction of the Director of Public Works in accordance with the
following "Schedule of Construction":
SCHEDULE OF CONSTRUCTION
STORM WATER MANAGEMENT FACILITIES
Facility To be Constructed Before
Temporary dam and siltation Prior to issuance of building
pond in future location of permit for Phase I Building A
permanent dam o�r Pond
Complete storm water Upon completion of sanitary sewer
management Pond 31 construction in the vicinity of
Pond #1 or upon paving of an
�arking surfaces within Phase I or
y August 3 , wh chever
occurs earlier.
Complete storm water Ueon commencement of construction
management Pond #2 of Phase wilding G.
,Complete storm water Upon commencement of construction
management Pond #3 of Phase Bu 1 �ng E or F.
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(d) The Owner agrees, at all times, to maintain in good condition
and repair all buildings and works shown on Schedule "C" and more
particularly shall maintain in a condition satisfactory to the Town
the aforementioned drainage facilities other than those mentioned in
Section 6(b) which shall be maintained in a condition satisfactory to
the Town during the construction period for any of the works and all
of the various items of landscaping including, without limiting the
foregoing, the cutting of grass on all sodded areas.
7. ILLUMINATION
The Owner agrees to provide illumination of the "said lands"
and buildings in accordance with plans and specifications to be
approved by the Director of Public Works and Director of Planning and
to refrain from erecting or using any form of illumination which in
the opinion of the Town would cause any traffic hazard or would cause
a disturbance to residential uses adjacent to the "said lands".
Furthermore, the owner acknowledges that illumination will be
provided at the driveway entrance to the "said lands".
8. FENCING AND LANDSCAPING
(a) The Owner agrees to erect and maintain fences and plant and
maintain, trees, shrubs or other suitable ground cover in accordance
with plans and specifications to be approved by the Director of
Public Works and the Director of Planning to provide adequate
landscaping of the "said lands" and protection to adjoining lands.
(b) The Owner further covenants and agrees to undertake
progressive re-vegetation and landscaping, and all other items as
shown on the said Schedule "C", as soon as practical, and in a manner
satisfactory to the Director of Public Works and the Director of
Planning with final completion to be within six (6) months of the
completion of the buildings shown on Schedule "C".
(c) The Owner further agrees to use minimum amounts and proper
application of chemical pesticides or fertilizers on any of the said
lands in order to limit the entry of pollutants into the storm
drainage system and that such application shall only be carried out
by qualified and licensed individuals and after prior consultation
with the Town.
9. WALKWAYS
The Owner agrees to construct and maintain pedestrian access
to the buildings in accordance with Schedule "C".
10. APPROVAL OF PLANS AND SPECIFICATIONS
The Owner agrees that the issuance of any authorization to
commence works in respect of the "said lands" shall be prohibited
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until all plans and specifications required for the particular phase
of the development contemplated, pursuant to this Agreement, have
been approved by the Town. The Owner further agrees that the
issuance of any building permit in respect of the "said lands" shall
be prohibited until all plans and specifications required for the
particular phase of the development contemplated, pursuant to this
Agreement, have been approved by the Town and the required grading
and drainage facilities have been installed to the satisfaction of
the Director of Public Works. If the Owner wishes to construct and
install the works in phases, the Owner shall, prior to the issuance
of any authorization to commence work, prepare for the approval of
the Directors of Planning and Public Works, a plan hereinafter called
the Phasing Plan which will divide the proposal into phases for the
construction, installation and maintenance of the proposed works.
The Owner shall not proceed with any such works until the Phasing
Plan has been approved by the Directors of Planning and Public Works
and shall proceed only in accordance with such approved Phasing Plan,
except as it may be subsequently amended with the approval of the
Directors of Planning and Public Works.
11. REGISTRATION AND ENFORCEMENT
The Owner agrees that the Town may register this Agreement
against the title to the "said lands" and that the Town may enforce
the provisions of this Agreement against the Owner of the "said
lands" and subject to the provisions of the Registry Act and the Land
Titles Act, as amended, against any and all subsequent owners of the
said lands". The Owner further agrees to reimburse the Town for all
reasonable legal fees associated with undertaking the registration of
this agreement.
12. APPROVAL OF COST ESTIMATES
The Owner agrees that, prior to the issuance of any building
permit for any building identified on Schedule "C" hereto, the
estimated cost of construction and installation of any external works
required by this Agreement and the internal storm drainage works,
hereinafter called the "Works Cost Estimate" shall be approved by the
Director of Public Works and annexed to this Agreement as Schedule
D"
The said approved "Works Cost Estimate" shall be deemed to
have been included in this Agreement at the date of its original
execution, whether or not it was, in fact, so included and whether
or not it is, in fact, entered in Schedule "D" hereto.
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13. PERFORMANCE GUARANTEE REQUIRED
(i) Prior to the issuance of any authorization to commence
work, the Owner shall provide the Town with a
"Performance Guarantee", in the form of cash or an
irrevocable letter of credit issued by a chartered
Canadian Bank in an amount equal to the "Works Cost
Estimate". The "Performance Guarantee" may be used by
the Town as set out in clause 14 in the event that the
Owner fails to satisfactorily meet the requirements of
this agreement in respect of the provision of the
specified works and facilities.
(ii) All submissions made under clause (i) above, shall be
approved by the Treasurer of the Town.
14. USE OF PERFORMANCE GUARANTEE
(a) The Owner agrees that the Town may, at any time, authorize the
use of all or part of any Performance Guarantee if the Owner fails to
pay any costs payable by the Owner or construct any works required by
the Town under this Agreement.
(b) The Town agrees to provide the Owner with thirty (30) days
prior notice of its intention to use all or part of any "Performance
Guarantee" if the Owner fails to pay costs payable to the Town or
construct any works required by the Town under this Agreement.
(c) The Owner agrees that the Town shall not be obliged to release
to the Owner the unused portion of any Performance Guarantee until:
i) A Certificate of Completion has been issued by the
Owner's Engineer for the Works for which the Performance
Guarantee was required-, an
ii) the Owner has deposited, with the Town, a Maintenance
Guarantee applying to those Works for which the
Performance Guarantee was required; and
iii) the Town is satisfied that in respect of the construction
and installation of the Works for which such Performance
Guarantee was required that there are no outstanding
claims relating to such Works.
15. MAINTENANCE GUARANTEE REQUIRED
(a) In order to guarantee that any defects in the Works, which
become apparent after the issuance of a Certificate of Completion for
such Works, will be properly repaired or replaced and that the Works
are operating at a performance level required by the Town, the Owner
shall, prior to the release of the Performance Guarantee, provide the
Town with a Maintenance Guarantee. Such Maintenance Guarantee shall
be in the form of cash or an Irrevocable letter of Credit issued by a
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chartered Canadian Bank in an amount equal to ten percent (10%) of
the estimated cost of the Works Cost Estimate. The Maintenance
Guarantee may be used by the Town as set out in Clause 16 in the
event that the Owner fails to- satisfactorily meet the requirements of
this Agreement in respect of the maintenance of the specified works
and facilities. The Maintenance Guarantee shall guarantee the Works
for a period of one year from the issuance of verification, by the
Owner's Engineer, that all works have been completed in accordance
with the approved plans and specifications, and that all accounts
relating thereto have been paid.
(b) All submissions made under Clause (a) above shall be approved
by the Treasurer of the Town.
16. USE OF MAINTENANCE GUARANTEE
(a) The Owner agrees that the Town may, at any time, authorize the
use of all or part of any Maintenance Guarantee if the Owner fails to
maintain any of the Works covered by the Maintenance Guarantee.
(b) The Town agrees to provide the Owner with thirty (30) days
prior notice of its intention to use all or part of any Maintenance
Guarantee if the Owner fails to maintain any of the Works covered by
the Maintenance Guarantee.
(c) The Owner agrees that the Town shall not be obliged to release
to the Owner the unused portion of any Maintenance Guarantee until:
(i) the Works covered by the Maintenance Guarantee have
been inspected by the Owner's Engineer an approve
(ii) the Town is satisfied that in respect to the maintenance
of all of the works for which such Maintenance Guarantee
was required, there are no outstanding claims re ating to
such works.
(d) The Town shall release to the Owner the unused portion of any
Maintenance Guarantee upon fulfillment of Clause (c) above.
17. OWNER'S ENGINEER
(a) The Owner agrees to employ an Engineer qualified and
experienced in the environmental field to carry out the design of the
various environmental safeguards and to supervise their construction,
operation, and maintenance to ensure that the performance levels
proposed for all works are achieved during the Construction and
Maintenance Guarantee periods. Included in the supervision shall be
monthly inspections of the fencing, various sedimentation and run-off
control measures, drainage facilities and landscaping measures during
the construction period. Certification of these inspections shall be
provided to the Town by the Owner's Engineer. During the Maintenance
Guarantee period, inspections and certification of same will be
provided quarterly by the Owner's Engineer.
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(b) The Owner hereby agrees to retain an Architect and/or
Professional Engineer for the design and general review of all
proposed apartment buildings in accordance with the Requirements of
Section 2.5 of the Ontario Building Code, as amended, and as required
under the authority provided by Section 110)(a) of the Ontario
Building Code Act, as amended.
18. WATER TABLE MONITORING
(a) The Owner agrees prior to the commencement of any works upon
the lands to cause to be carried out, at his expense, a ground water
monitoring program around the perimeter of the site. The number,
location, and frequency of observation of the piezometric observation
wells shall be recommended by a hydrogeologist and approved by the
iDirector of Public Works.
(b) The Owner agrees to undertake separate reports, to the
satisfaction of the Director of Public Works, for each and every
occurrence of apparent well interference caused by construction
activity within the said lands and reported to the Town.
(c) The Owner agrees to, if the well or private water supply of
any person outside the Plan is interfered with or dewatered as a
result of the construction or installation of the Works:
(i) where the interference to a well or private water
supply is short erm duration i.e. urtng the course of
ewa er,ng an excava ,on and within one month of the
comp e ton o ewa ring) make available to the affected
y supp y o water a no cos o e '
affected party; or
(ii) where the interference to a well or private water su 1 .
is of a long term duration, at the option of the Owner and
at 1115 e a ec par y o e
un,c,pa wa er-supply system or provide a new weTI or
private water system so that water supplied to the
par y s a e ot a quality- and quantity at least
equal o the quality and qua n i y of water enjoyed by the
affected party prior to the.interference.
19. PERMITS
(a) The Town agrees that upon the Owners complying with the
provisions of this Agreement respecting approval of all plans and
specifications required herein, building permits will be issued in
accordance with the approved plans subject to: 1 ) payment of the
usual permit fees and other fees as are payable under By-law
currently in force in the Town and provided that all building plans
comply with the Ontario Building Code and such other Municipal
By-laws as may be relevant; and 2) provided that the owner has signed
an agreement with the Regional Municipality of Durham regarding
access, the necessary connections to municipal water and sanitary
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sewage systems, the payment of levies, and that a copy of said
agreement has been deposited with the Town; and 3) provided that the
owner has executed an agreement with the Ontario Hydro Electric
Commission for the installation of hydro electric services to the
"said lands" and that a copy of said agreement has been deposited
with the Town; and 4) the Owner has paid to the Town all monies
required pursuant to Schedule "E" hereof.
(b) The Town further agrees that upon the Owners complying with
the provisions of By-law 76-25, as amended (Sign By-law), sign
permits will be issued in accordance with said By-law subject to
payment of the usual permit fees currently in force.
20. OCCUPANCY PERMITS
(a) The Owner agrees not to occupy or permit occupancy of any
building or part thereof unless the Chief Building Official for the
Town of Newcastle has issued an Occupancy Permit.
(b) The Town agrees that upon the Owner complying with the
provisions of Section 2.6 of Ontario Regulation 583/83, as amended,
or any successor thereof, in respect of Occupancy of Unfinished
Buildings, and upon the payment of the monies required pursuant to
Schedule E hereof and the completion of the grading and drainage
works required pursuant to Paragraph 6(c) hereof, to issue an
Occupancy Permit to authorize occupancy of a building or part
thereof, prior to its completion.
21. LAPSE OF APPROVAL
In the event a building permit has not been issued to the
Owner within the period of two years hereinafter in this sentence
referred to, the parties agree that the Town's approval of the site
plans and drawings referred to in paragraph number 1 hereof shall
lapse upon the expiry of two years from the date of the execution of
this Agreement.
22. CONSTRUCTION COMMENCEMENT
The Owner agrees to commence construction of any building or
buildings for which a permit may be issued under Paragraph 15 hereof
as soon as is reasonably practicable following the issuance of any
such permit.
23. INTERPRETATION NOT AFFECTED BY HEADINGS
The division of this Agreement into paragraphs and the
insertion of headings are for convenience of reference only and shall
not in any way affect the interpretation of this Agreement.
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IN WITNESS WHEREOF the parties have hereto affixed their
hands and seals and/or corporate seals by the hands of their proper
signing officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF
In the presence of: ) NEWCASTLE
A OT—Y R --------
CLERK
583186 ONTARIO LIMITED
LIST OF SCHEDULES
A - Legal Description of Said Lands
B - Affidavit of Ownership
C - Site Plan including:
C-1 Site Plan
C-2 Landscape Plan including tree
preservation plan
C-3 Grading and Drainage Plans
C-4 Building A - Elevations
C-5 Building A - Building Sections
C-6 Building B - Elevations
C-7 Building B - Building Sections
C-8 Building C - Elevations
C-9 Building C - Building Sections
C-10 Building D - Elevations
C-11 Building D - Building Sections
C-12 Building E - Elevations
C-13 Building E - Building Sections
C-14 Building F - Elevations
C-15 Building F - Building Sections
D - Works Cost Estimate
E - Development Charges
THIS IS SCHEDULE "A" to the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted and
passed the day of , 198
LEGAL DESCRIPTION OF SAID LANDS
(by Reference Plan)
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED) THE CORPORATION OF THE TOWN OF NEWCASTLE
In the presence of: )
MAYOR
CLERK
563186 ONTARIO LIMITED
THIS IS SCHEDULE "B" to the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted and
passed the day of , 198
AFFIDAVIT OF OWNERSHIP
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED) THE CORPORATIO14 OF THE TOWN OF NEWCASTLE
In the presence of: )
MAYOR
CLERK
563186 ONTARIO LIMITED
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THIS IS SCHEDULE "C" to the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted and
passed the day of , 198 .
- Attached Plans and Drawings C-1 through C-15 inclusive as per Page 2
of the Agreement
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED) THE CORPORATION OF THE TOWN OF NEWCASTLE
In the presence of; )
MAYOR
563186 ONTARIO LIMITED
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THIS IS SCHEDULE "D" to the Agreement which has been authorized and
approved by By-law No. of the Town of Newcastle, enacted and
passed the day of 198
WORKS COST ESTIMATE
(to be determined)
- Storm drainage works
- Externals i.e. illumination
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED) THE CORPORATION OF THE TOWN OF NEWCASTLE
In the presence of: )
MAYOR
CLERK
)
563186 ONTARIO LIMITED
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THIS IS SCHEDULE "E" to the Agreement which has been authorized and
approved by By-law No. of the Corporation of the Town of
Newcastle, enacted and passed the day of 198
DEVELOPMENT CHARGES
The Owner shall pay, to the Town, Development Charges of $625.00 per
unit.
The aforementioned charges shall be paid as follows:
- $25,000. prior to issuance of any building permit and prior to the
issuance of any Occupancy Permit in respect of any building, or part of
a building, the Owner agrees to pay, to the Town, Development Charges
in an amount equal to the number of dwelling units for which an
Occupancy Permit is being sought multiplied by the per unit charge of
$625.00.
- a further $25,000. prior to issuance of the first Occupancy Permit
- a further $25,000. prior to issuance of the Forty-first Occupancy
Permit
- a further $25,000. prior to issuance of the Eighty-first Occupancy
Permit
- a further $25,000. prior to issuance of the One Hundred and Twenty-
first Occupancy Permit
- a further $25,000. prior to issuance of the One Hundred and Sixty-
first Occupancy Permit
- a further $25,000. prior to issuance of the Two Hundred and first
Occupancy Permit
- a further $25,000. prior to issuance of the Two Hundred and Forty-
first Occupancy Permit
- a further $25,000. prior to issuance of the Two Hundred and Eighty-
first Occupancy Permit
- a further $25,000. prior to issuance of the Three Hundred and
Twenty-first Occupancy Permit
- a further $25,000. prior to issuance of the Three Hundred and Sixty-
first Occupancy Permit
- a further $25,000. prior to issuance of the Four Hundred and first
Occupancy Permit
- a further $25,000. prior to issuance of the Four Hundred and Forty-
first Occupancy Permit
- a further $25,000. prior to issuance of the Four Hundred and Eighty-
first Occupancy Permit
- a further $25,000. prior to issuance of the Five Hundred and Twenty-
first Occupancy Permit
- a further $25,000, prior to issuance of the Five Hundred and Sixty-
first Occupancy Permit
- a further $25,000. prior to issuance of the Six Hundred and first
Occupancy Permit.
- a further $18,750. prior to issuance of the Six Hundred and Forty-
first Occupancy Permit.
For the purposes of this Schedule and this Agreement, development
charges actually paid to the Town shall be applied in the first
instance on a pro-rata basis against all units, but upon the issuance
of the first Occupancy Permit and thereafter, the development charges
shall be first applied in full satisfaction of the development charges
owing on the units in respect of which the Occupancy Permits have been
issued and the balance of any development charges actually paid to the
Town (if any) shall be applied on a pro-rata basis against all units,
but for which no Occupancy Permit has been issued.
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Page 2 of Schedule "E"
For the purposes of this Schedule and the Agreement, the number of
Occupancy permits issued shall be the aggregate of all such permits
issued.
The Town may review the Schedule of Development Charges annually and
may adjust the amount of the Development Charges in accordance with the
increase of capital costs as may be appropriate using the Southam
Construction Index for calculating such adjustments.
The Owner hereby acknowledges and agrees to such annual adjustment and
further agrees that such adjusted Development Charges shall be
applicable to all units for which Development Charges remain due.
IN WITNESS WHEREOF the parties have hereto affixed their hands and
seals and/or corporate seals by the hands of their proper signing
officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED) THE CORPORATION OF THE TOWN OF NEWCASTLE
In the presence of: )
MAYOR
563186 ONTARIO LIMITED
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DATED: 198
B E T W E E N:
563186 ONTARIO LIMITED
- and -
THE CORPORATION OF THE TOWN OF NEWCASTLE
DEVELOPMENT AGREEMENT
The Corporation of the Town of Newcastle
Planning Department
Municipal Offices
HAMPTON, Ontario, LOB UO
File: DEV 83-22
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