HomeMy WebLinkAboutPD-162-88 DN: 162-88
TOWN OF NEWCASTLE
9
REPORT File # �,. �
Res.
By-Law #
MEETING: General Purpose and Administration Committee
DATE: July 18, 1988
REPORT #: PD-162-8_ FILE #: PLN 4.3
SUBJECT: INTERIM CONTROL BY-LAW
WEST BEACH/COVE ROAD AREA, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
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1. THAT Report PD-162-88 be received; and
2. THAT the Interim Control By-law attached hereto be passed; and
3. THAT notice of the By-law be forwarded to affected property owners and
owners of properties within 120 metres of the area to which the by-law
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applies pursuant to Ontario Regulation 405/83 made under the Planning Act.
4. THAT a copy of the by-law be forwarded to the Commissioner of Planning,
Region of Durham and to the Director of Plans Administration Branch of the
Ministry of Municipal Affairs.
5. THAT Staff be directed to suspend the Ontario Home Renewal Program (OHRP)
for the affected area for the duration of the Interim Control By-law.
1. BACKGROUND AND COMMENTS
1.1 The West Beach/Cove Road Area in Bowmanville is presently occupied with a
mixture of seasonal and permanent dwellings. Several of these dwellings
are dilapidated. There are no sanitary sewer facilities and many lots are
undersized by today's standards for septic systems. Over the years, there
have been buildings conversions and additions which place further stress to
an area undesireable for residential useage.
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REPORT 0O. : gD-162-88 PAGE 2
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1.2 Situated on a sand pit at the mouth of the 8ovmnaovilIe Creek, existing
dwellings on West Beach Road is also subject to flooding and susceptible to
high water level of Lake Ontario.
1.3 Staff is cognizant of the current situation in the affected Area and have
felt that allowing any further building activities in this area will not be
in the public interest and would severely restrict future planning options.
In this regard, Council has retained o consultant to conduct a study of the
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general area. �
1.4 In the interim, it is prudent to ensure no further building activity will
take plane in the West Beach Area until the Study is completed.
1.5 As a ceooIt' at its meeting on July 4, 1988" the QaoecaI Purpose and
Administration Committee directed Staff to bring forth an Interim Control
By-law.
3. THE INTERIM CONTROL BY-LAW
2.1 Although not commonly used, Section 37 of the Planning Ant empowers the
municipality to pass Interim Control By-law for a period not exceeding one
year to allow the municipality to freeze development until it has the
opportunity to undertake a study to arrive at proper planning policies.
Extension for a second year is pezmiaaable^
3.2 This Interim Control By-law would aupercede the existing by-law for the
duration of this period.
2.3 The Interim Control By-law attached to this report sets out clearly that
there shall be no development or redevelopment including building
renovation, addition, conversion, enlargement within the area covered by
this by-law.
3.4 Staff felt that the Ontario Home Renewal Program abooId be suspended for
this area so that the intent of this Interim Control 8y-law would not be
jeopardized.
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REPORT 00. : PD-I62-88 PAGE 3
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2.5 In order to ensure the By-law is fair and equitable, Staff are including a
provision in the By-lam to exempt applications for building permit and
applications under the Ontario Home Renewal Program submitted to the
Department prior to the effective date of the Interim Control By-law.
3. STATUTORY LIMITATION
3.1 Council should be aware that the Planning Act only provides for such Interim
Control By-law to be effective for one year only. The Council may Dcinz to
the expiry of the one year period, amend the Interim Control By-law to
extend the period of time to a second year.
3.3 Once the two year period expires, the existing Zoning By-law will be
reinstated. 0uoe the Interim Control By-law expires, Council may not pass a
further Interim Control By-law for a period of three years.
3.3 Public meeting and prior notice are not required under the Planning Act for
the purpose of passing on Interim Control By-law. However, Regulations made
under the DIaouiug Act do require notice of the by-law be sent to affected
property owners and owners of properties within 120 metres of the affected
area.
3.4 Council should also be aware that the affected party has the right to appeal
such Interim {%uxtrnl By-law to the Ontario Municipal Board.
Respectfully submitted, Recommended for presentation
to the itt
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Franklin Wu wren taeff
Director of Planning 6 Development Chief in rative Officer
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*Attach.
,July 7' 1988
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EXPLANATORY NOTE OF BY-LAW
The purpose and effect of this by-law is to prohibit all development and building
activities in the West Beach Area for a period of one year to allow the Town to
undertake a study for the area to formulate appropriate planning policies.
STATEMENTS OF MUNICIPALITY
1. Pursuant to Section 37(2) of the Planning Act, the Council has authority to
extend the period during which the by-law will be in effect to a total period
not exceeding two years.
2. As an affected party, you have the right to appeal this by-law under section
37(4) of the Planning Act. Appeal must be lodged with the Municipal Clerk
within sixty (60) days from the date of passing of this By-law.
I
j
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being an Interim Control By-law passed pursuant to Section 37 of the Planning
Act 1983.
WHEREAS the Town of Newcastle Council deems that the West Beach/Cove Road Area has
developed in haphazard fashion and not conforming to today's planning standards;
and
WHEREAS the Town of Newcastle Council has commenced a comphrensive study of the said
area with the objective to arrive at appropriate land use planning policies; and
WHEREAS the Town of Newcastle Council deems it necessary to prohibit any further
development and building activities in the said area;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of
Newcastle enacts as follows;
1. Nothwithstanding the provisions of Comprehensive Zoning By-law 84-63, the
area identified as "Land Affected by By-law" as per the attached Schedule "X" shall
be restricted to existing uses as of the date of passing of this By-law.
Development, redevelopment, building activities including expansion, renovation,
enlargement, addition are prohibited.
2. Schedule "X" attached hereto shall form part of this By-law.
3. This By-law is not applicable to applications for building permit under
By-law 84-63 and applications made under the Ontario Home Renewal Program submitted
prior to the effective date of this By-law.
4. This By-law shall come into effect on the date of passing hereof, and shall
remain in effect for a period of one year from the date of passing.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
I
I
MAYOR
CLERK
This is' Schedule "X" to By-law 88-
passed this day of , 1988 A.D.
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EXPLANATORY NOTE OF BY-LAW
The purpose and effect of this by-law is to prohibit all development and building
activities in the West Beach Area for a period of one year to allow the Town to
undertake a study for the area to formulate appropriate planning policies.
STATEMENTS OF MUNICIPALITY
1. Pursuant to Section 37(2) of the Planning Act, the Council has authority to
extend the period during which the by-law will be in effect to a total period
not exceeding two years.
2. As an affected party, you have the right to appeal this by-law under section
37(4) of the Planning Act. Appeal must be lodged with the Municipal Clerk
within sixty (60) days from the date of passing of this By-law.
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being an Interim Control By-law passed pursuant to Section 37 of the Planning
Act 1983.
WHEREAS the Town of Newcastle Council deems that the West Beach/Cove Road Area has
developed in haphazard fashion and not conforming to today's planning standards;
and
WHEREAS the Town of Newcastle Council has commenced a comphrensive study of the said
area with the objective to arrive at appropriate land use planning policies; and
WHEREAS the Town of Newcastle Council deems it necessary to prohibit any further
development and building activities in the said area;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of
Newcastle enacts as follows:
1. Nothwithstanding the provisions of Comprehensive Zoning By-law 84-63, the
area identified as "Land Affected by By-law" as per the attached Schedule "X" shall
be restricted to existing uses as of the date of passing of this By-law.
Development, redevelopment, building activities including expansion, renovation,
enlargement, addition are prohibited.
2. Schedule "X" attached 'hereto shall form part of this By-law.
3. This By-law is not applicable to applications for building permit under
By-law 84-63 and applications made under the Ontario Home Renewal Program submitted
prior to the effective date of this By-law.
4. This By-law shall come into effect on the date of passing hereof, and shall
remain in effect for a period of one year from the date of passing.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
CLERK
This is Schedule "X" to By-law 8 8° ,
passed this —. day of 519 8 8 A.D.
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LANDS AFFECTED BY BY- LAW
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