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HomeMy WebLinkAboutPD-260-88 DN: 260-88 TOWN OF NEWCASTLE REPORT File # Res. # wq-ol By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, December 12, 1988 REPORT #: PD-260-88 FILE #: PLN 7.2.1 aRJECT: POLICIES RELATED TO THE ISSUANCE OF FOUNDATION PERMITS FILE: PLN 7.2.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-260-88 be received; and 2. THAT the policies for the issuance of a Foundation Permit as contained in Paragraph 4 of this Report be approved. REPORT 1. BACKGROUND: 1.1 Council, at its meeting on November 7, 1988, directed Staff to develop policies and procedures to deal with the issue of Foundation Permits often sought by developers prior to various types of planning approval are in place. 2 _rV REPORT NO.: PD-260-88 PAGE 2 ------------------------------------------------------------------------------- 2. SYNOPSIS OF CURRENT PRACTICE 2.1 Existing Town policies do not allow the issuance of Foundation permits for any type of construction activity. Full building permits will be issued when subdivision agreement/site plan agreement is executed, zoning by-law approval has been secured and other Town requirements, financial and otherwise, have been met. 2.2 on occasions, builders and developers, particularly those involved in commercial and industrial activities, are anxious to proceed with construction immediately. They believe that it would save significant and valuable time if the municipality would grant them foundation permits while all the necessary municipal approval will fall in place during the time needed for foundation construction. Currently, these builders and developers would have to approach Council for foundation permits on a case by case basis and each request will be dealt with and evaluated on its own merits. 3. COMMENTS 3.1 Subsequent to our review of the subject matter and subsequent to examination of current practices in other municipalities, Staff is of the opinion that as a general rule, Foundation Permits should not be issued prior to development agreement and zoning by-law are in place, as the municipality may be subject to unnecessary risk and liability. However, Staff also recognize that there are situations where it is imperative that the builder/developer can get a head start in the foundation while waiting for the finalization of the development agreement. 3.2 Staff also considered current Council's directive to expedite commercial, institutional, and industrial development applications and felt that the issuance of Foundation' Permits for these types of uses would be in keeping Council's intent on this matter. ..3 rl V) REPORT NO. : PD-260-88 PAGE 3 ------------------------------------------------------------------------------- 3.3 Having considered all the pros and cons, Staff felt that there are certain merits to allow the issuance of Foundation Permits for commercial, institutional and industrial uses provided that there are valid reasons for such requests. At this time, Staff is not in favor of permitting Foundation Permits for residential development for the simple reason that, if for whatever reason a full Building Permit cannot be issued, the municipality will have to deal with angry home purchasers. 4. RECOMMENDED POLICIES: Based on the aforementioned comments, Staff have developed the following policies and respectfully recommend to Council to adopt same. 1. All requests for foundation permits must be made in writing to the Director of Planning and Development providing valid reasons for such a request. 2. Foundation permits are only available to commercial, industrial and institutional uses and are granted only when all of the following conditions are met: a) The proposed use conforms to the zoning by-law or after a by-law is passed and before the expiry of the appeal period provided there is no letter of objection on file. b) Drawings and Plans for the purpose of a Foundation Permit meets all applicable provisions of the Ontario Building Code. c) The owner provides the Town a Letter of Undertaking that i) he will save the Town and its employee harmless from any and all manner of claims, however arising in consideration of the issuance of foundation permits prior to the execution of a development agreement; and ii) he acknowledges that he will not proceed beyond the underside of the first floor of the building prior to obtaining a full building permit; and 4 REPORT NO.: PD-260-88 PAGE 4 ------------------------------------------------------------------------------- c) iii) he undertakes to remove any foundation on the property, fill in the excavation and to restore the land in its original state within thirty (30) days of notification by the Town. A sample of the standard Letter of Undertaking to be used by the developer/builder is attached herein for your information. 3. Notwithstanding the conditions stated in subparagraph 2, the Director of Planning and Development be authorized to refuse the issuance of a foundation permit if, in his opinion, such action will not be in the Town's interest. If such instance, the Director will bring forth a report for Council's direction. Respectfully submitted, Recommended for presentation to the Committee ----- ------------------ Franklin Wu, M.C.I.P. Lawrenc Kotseff Director of Planning & Development CjhiefA m istrative Officer *FW*jip *Attach. November 25, 1988 ATTACHMENT TO REPORT PD-261-88 STANDARD LETTER OF UNDERTAKING FOR ISSUANCE OF FOUNDATION PERMIT Date: Mr. Franklin Wu, M.C.I.P. Director of Planning & Development Town of Newcastle 40 Temperence Street BOWMANVILLE, Ontario L1C 3A6 4 Dear Mr. Wu: RE: REQUEST FOR FOUNDATION PERMIT The undersigned, being the registered owner of property located at hereby request the Town to issue a Foundation Permit for the construction of The writer expressly acknowledges that the Town is not under any obligation to issue the said Foundation Permit and further understands that such permit will only be issued by the Town provided that all conditions and requirements as per Council's policies, as amended from time to time, are met. Further, I covenant and agree to the following: a) I hereby indemnify and save harmless the Town, its employees from any and all actions, causes of actions, claims, demands, losses or damages incurred or substained by it or them arising or in any way resulting from the issuance of the said foundation permit; and b) I hereby undertake not to proceed beyond the underside of the first floor of the building prior to obtaining a full building permit; and . ..2 - 2 - c) I hereby undertake to remove any foundation on the property, fill in the excavation and to restore the land it its original state within thirty (30) days of notification by the Town. Yours truly, i { I I