HomeMy WebLinkAboutP-129-79 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF July 23, 1979.
REPORT NO. : P-129-79
SUBJECT: Objections to By-law 79-36 - Ralph Davis Subdivision
Solina
BACKGROUND:
By-law 79-36, which was approved by Council on April 23, 1979,
changed the zone designation of lands owned by Ralph Davis in Lots 25
and 26, Concession 6, former Township of Darlington to permit the devel-
opment of Draft Approved Plan of Subdivision Number 18T-78107.
The By-law was circulated to owners of property within 400 feet
of the lands affected by the By-law, in accordance with Ontario Municipal
Board Rules of Procedure; and two letters of objection to the By-law
were received by the Clerk.
After discussions with Mr. Davis, the two objections were withdrawn,
on the condition that a clause be written into the Subdivision Agreement i
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for the proposed development "that the developer will be responsible for
any adverse effects that the subdivision has on the present well systems,
to the extent of drilling a new well, if this becomes necessary."
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COMMENT:
The standard form of agreement, used by staff as a basis for
Subdivision Agreements in respect of developments, which will be
serviced by individual wells and septic tanks, contains the following
provision:
"The Owners agree to, if the well or private water supply
of any person outside the Plan is interferred with or
dewatered as a result of the construction or installation
of the Works:
(a) where the interference to a well or private water
supply is short term duration (i. e. during the
course of dewatering and excavation and within one
month of the completion of dewatering) make avail-
able to the affected party, a temporary supply of
water at no cost to the affected party; or
(b) where the interference to a well or private water
supply is of a long term duration, at the option
of the Owners and at their expense provide a new
well or private water system so that water supplied
to the affected party shall be of a quality and quantity
of water enjoyed by the affected party prior to the
interference."
We feel that the insertion of this clause in the Davis Subdivision
Agreement would satisfy the conditions of withdrawal stipulated by the
objectors.
RECOMMENDATION:
It is respectfully recommended:
1. That the Subdivision Agreement for Draft Approved Plan of
Subdivision Number 18T-78107 include the standard provision
relating to the protection of the water supply of adjacent
property owners, and
2. That a copy of this Report be sent to Mr. MacDuff and Mr.
MacDonald for information, and
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3. That By-law 79-36 be forwarded to the Ontario Municipal
Board for approval in spite of the possible objections.
Respectfully submitted,
NJF:lb D. N. Smith, M.C.I.P.
July 13, 1979 Director of Planning
Encl.