HomeMy WebLinkAboutPD-197-88 DN: 197-88 (h)
TOWN OF NEWCASTLE
REPORT '
File #
Res #
7 ,
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, October 3, 1988
REPORT #: PD-197-88 FILE #: PLN 30.3
SUBJECT: REQUIREMENT OF LOT GRADING PLAN
AS A CONDITION OF APPROVAL FOR CONSENT
OUR 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-197-88 be received; and
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.""
3. THAT the Durham Region Land Division Committee be so advised; and
4. THAT the Director of Public Works be given the authority to waive such
conditions if circumstances do not warrant the requirements.
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REPORT 00. : PD-I97-88 PAGE 2
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l. BACKGROUND
1.1 Over the past few months I have encountered several complaints with
respect to drainage problems caused by new residential building
construction impacting on neighbouring properties.
1.2 I have discussed this matter with the Chief Building OfftolaI and the
Director of Public Works and it became apparent that this is a oonnnou
problem.
1.3 After reviewing the existing legislations and further consultation
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with our Solicitor, it appears that the municipality is powerless in
addressing this problem.
3. COMMENTS
2.1 Notwithstanding, this matter was discussed with the Director of Public
Works and it was felt that this problem could be remedied if we
address the matter at the early stage when consent application is
applied for.
3.2 In this regard, we will recommend to the Land Division Committee that
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the Town will require, an a standard condition of approval of omoaeut
application, that the applicant submit a Site Grading and Drainage
Plan for approval. Upon approval of the said plan by the Director of
Public Wncbo, the Town will then issue its clearance for consent.
2.3 In addition, in order to ensure that the applicant will complete the
drainage and grading plan as per approved drawing, we also recommend
that a second condition be imposed requiring the applicant to provide
a Letter of Undertaking that be agrees to provide the Town an
Engineering Certificate upon completion of site grading and prior to
the occupancy of said dwelling.
DD90IT 00. : PD-197-88 PAGE 3
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2.4 By imposing the above requirements, Staff recognize that it may ncaote
the impression of unnecessary red tape. Nevertheless, we feel that
the municipality does have the obligation to protect neighbouring
properties from adverse drainage effect resulted from new development.
In addition, the frequent occurrence of this problem warrants the
additional requirements. The requirement of Drainage and Grading DIao
is n standard condition of approval in Plan of Subdivision and we feel
that such requirement abwold be applicable to consent applications.
2.5 Staff also recognizes that there will be circumstances where the
drainage plan requirement may not be warranted. It is therefore
recommended that the Director of Public Works be given the authority
to waive such requirement.
Respectfully submitted, Recommended for presentation
to the Committee
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FzaohIiu Wu 0otaeff
Director of Planning 6 Development Chief Mmibiatrmtive officer
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Walter Evans, P.Eug.
Director of Public Works
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*Attach.
September 16, 1988