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HomeMy WebLinkAboutTM-90-79 TM-90-79 TO: The Chairman and Members of the Planning and Development Committee FROM: A. C. Guiler, Town Manager DATE: August 8th, 1979 SUBJECT: Resolution #PD-353-79 THAT WHEREAS the costs of storm water management studies and cons- truction are the responsibility of the developable land; AND WHEREAS there is no policy to deal with the funding of such costs; THEREFORE BE IT RESOLVED that the Town of Newcastle adopt a policy of prorating all the associated costs of studies, engineering, legal work and construction of this work to all developers and that these costs be transmitted to those affected and these be recovered at the time of expense or through the subdivision agreement (i.e. expense plus interest) charges, be referred to the Staff for a draft of this policy for a report to the next Planning and Development Committee and this policy when completed, be adopted by by=law. In accordance with Committee's instructions we have prepared a draft policy. As this is our first draft staff would like the opportunity of reviewing it further and would be pleased to receive written comments outlining Committee members concerns before the final draft is prepared for Council. ti POSSIBLE POLICY IN RESPECT OF THE PROCESSING AND REVIEW OF SUBDIVISION APPLICATIONS The Town of Newcastle shall require the owners of plans of subdivision to be responsible for any costs incurred by the Town of Newcastle in the processing and review of proposed plans of sub- division. 1. "Costs incurred by the Town" shall include: (a) The costs of conducting engineering studies required for the design and development of engineering works for the control of surface run-off and storm water. (b) The costs of conducting planning studies required for the analysis of environmentally sensitive lands as may be defined by the Town. (c) The costs of engineering and/or planning studies for the design and development of road improvements necessary for the development of a plan or plans of subdivision. (d) Such other engineering or planning studies as may be deemed appropriate by the Council of the Town of Newcastle for the analysis and review of proposed subdivision plans. 2. In determining the amount of the "costs incurred by the Town" to be the responsibility of the owners of plans of subdivision, the Town shall: (a) Determine the land area or areas to be benefitted by the studies undertaken. (b) Determine the amount of developable land within the area or areas to be benefitted contained within individual sub- division plans. (c) Apportion the costs incurred by the Town on a per acre basis of developable land within each individual subdivision plan. 2 - 3. The subdividers share of the costs apportioned in 2(c) above shall be reflected in the subdivision agreement required by the Town prior to registration of the final plan of subdivis- ion. All costs apportioned to the subdivider shall be paid prior to final registration of the plan or according to a schedule of payments as may be negotiated with the Town through the execution of the necessary subdivision agreement. 4. The costs of all legal expenses incurred by the Town in the processing and review of subdivision plans shall be the respon- sibility of the subdivider and shall be reflected in the sub- division agreement required by the Town. 5. All administrative costs incurred in the processing and review of subdivision plans and/or agreements shall be the responsi- bility of the subdivider through the payment of application fees or through the payment of costs as reflected in the subdivision agreement required by the Town. 6. The costs of all works required for the development of a plan of subdivision shall be the responsibility of the subdivider through the payment of costs including development levies as reflected in the subdivision agreement required by the Town.