HomeMy WebLinkAboutWD-50-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File
4,
Date: DECEMBER 6, 1993 Res. #
Report#: File#: _B__0J__0_9 .008 & B.01.09. 004 By-Law#
Subject: NOR-ARM DEVELOPMENTS,
ROYAL PINES COURT AND PINETREE COURT SUBDIVISIONS,
PLANS IOM-837 AND IOM-838, ROAD ASSUMPTION BY-LAWS
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report WD-50-93 be received;
2 . THAT Council approve the by-laws attached to report WD-50-93
assuming the streets within Plan 10M-837 and 1OM-838 as public
highways.
REPORT
1.0 ATTACHMENTS
No. 1 : Key Map
No. 2 : Copy of Report WD-33-93
No. 3: By-law No. 93-114, dated July 19, 1993
No. 4 : By-law No. 93-115, dated July 19, 1993
No. 5 : Proposed Road Assumption By-law for Plan 10M-837
No. 6 : Proposed Road Assumption By-law for Plan 10M-838
2.0 BACKGROUND
2 . 1 The former Corporation of the Town of Newcastle entered into
two (2 ) subdivision agreements with Nor-Arm Developments Inc.
dated May 23, 1990, and July 16, 1990, to develop lands by
REPORT NO. : WD-50-93 PAGE 2
plans of subdvision, located in Bowmanville, and described as
Plans 1OM-837 and 1OM-838 respectively (Attachment No. 1) .
2 .2 Through Report WD-33-93 (Attachment No. 2) , Council passed By-
laws 93-114 and 93-115 (Attachment Nos. 3 and 4) , permitting
the Director of Public Works to issue 'Acceptance
Certificates' for Plans 1OM-837 and 10M-838 respectively,
provided the Works were completed to his satisfaction.
2 .3 The Works have been completed to the Director's satisfaction
and Acceptance Certificates have been issued for Plans 1OM-837
and 10M-838 dated August 27, 1993, and September 28, 1993,
respectively.
2.4 Accordingly, it is now appropriate for Council to pass the
attached proposed By-laws permitting the Municipality to
assume all the streets within Plans 1OM-837 and 1OM-838,
(Attachment Nos. 5 and 6) .
Respectfully submitted, Recommended for presentation
to the Committee,
----------------------- - - ----------------------
Walter A. Evans, P.Eng. , Marie Marano, H.B.Sc. , AMCT,
Director of Public Works Acting Chief
Administrative Officer
NC*WAE*ph j
November 4, 1993
Attachments
I
I
I
i
1 002
PEACHTREE � >
r1K Q
0
v CRES.
zo cn
Q Q
z
m
m - - 0 YAL �
COUR 7 1,
R i (IBD V SI
1 6)m- 3
C fi
I I
I I
� V
PINE TRE-E CLIMIE COU�T c�FFk
SUBDIVISION
OM-838 I block
tOM-838 38
7.Om Road Widening
HIGHWAY 2
a G �.
ECII
O muoF.w op.
OVA
ti• Ya ffi J
�k
pnG cr,
C:\ATTACHS\SUBD\1 OM838
❑[ °``��` °� DRAWN BY: JM DATE: NOV. 1993
B n. ATTACHMENT NO.
K
WD-50-93
i
� uo3
THE CORPORATION OF THE MMP_ICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION: COMMITTEE File #
Date: JULY 11, 1993 Res. #
By-Law#
Report #: WD-33-93 File #: B. 01 . 09 . 008 & B.01 . 09 .004
Subject: NOR-ARM DEVELOPMENTS,
ROYAL PINES COURT AND PINETREE COURT SUBDIVISIONS
PLANS IOM-837 AND IOM-838
CERTIFICATE OF ACCEPTANCE - FINAL WORKS
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
i
1 . THAT Report WD-33-93 be received; and
2 . THAT the proposed By-laws attached to Report WD-33-93 be
forwarded to Council for approval .
REPORT
1. 0 ATTACHMENTS
No. 1: Key Map
No. 2 : Correspondence from Nor-arm Developments Inc.
dated July 12, 1993
No. 3 : Copy of Sections -3--12 and 5 . 24 of the
Subdivision Agreement
No. 4 : Proposed By-law for Plan 10M-837
No. 5 : Proposed By-law for Plan 1OM-838
2.0 BACKGROUND
2 . 1 The former Corporation of the Town of Newcastle entered into
two (2) subdivision agreements with Nor-Arm Developments Inc.
dated May 23, 1990, and July 16, 1990, to develop lands by
plans of subdivision, located in Bowmanville, and described as
Plans 1OM-837 and IOM-838 respectively (Attachment No. l) . The
agreements required the developer to construct all roadworks
ATTACHMENT NO. 2
WD-50-93
10 4
REPORT NO. : WD-33-93 PAGE 2
including hot-mix paving, curb and gutter, sidewalks,
boulevard sodding and street trees, a storm drainage system
and street lights, hereinafter referred to as the 'Works ' .
2 . ? Subsequent amending agreements were executed for both
subdivisions on June 14 , 1993, providing for the separation of
the Works into four (4 ) stages with modified maintenance
periods :
a) Initial Works ( 2 years) ;
b) Stormwater Management System ( 2 years) ;
C) Streetlighting System (2 years ) ; and
d) Final Works ( 1 year)
Furthermore, the amended agreements which reflect recent
changes to the Municipality's core agreement require that the
issuance of an 'Acceptance Certificate' for the Final Works be
subject to Council 's approval.
2 . 3 Correspondence has been received from the developer noting
that the maintenance periods for the Final Works will expire
during Council 's summer recess (August 5, 1993 , for Plan 1OM-
838 and August 19, 1993, for Plan 1OM-837 ) . They have
requested that the Director of Works be pre-authorized by
Council to issue 'Certificates of Acceptance' for both
projects upon expiry of the one-year final maintenance periods
and completion of any rectifications, to the satisfaction of
the Director (Attachment No. 2) .
2 .4 Section 5 . 24 of the agreement deals with the requirements for
the issuing of a 'Certificate of Acceptance' and Section 3 . 12
deals with the requirements for the release of the maintenance
guarantee (Attachment No. 3) . These two items can be achieved
by the passing of the two (2) By-laws attached to this report
(Attachments Nos. 4 and 5) .
nn �
REPORT NO. : WD-33-93 PAGE 3
2 . 5 Subsequent to the Director of Public Works issuing the
Certificate of Acceptance for the Final Works, Public Works
will report back to Council in September of this year
recommending the formal assumption of the roads within the
Plans of Subdivision.
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P.Eng. , Lawrence E. Kot ft,
Director of Public Works Chief Administr ti e Officer
ASC*NC*PH
July 14 , 1993
Attachments
I
1006
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-
Being a By-Law to authorize the issuance of a
Certificate of Acceptance for the Final Works
constructed on the lands in Plan IOM-837 and
to release the Maintenance Guarantee for them.
WHEREAS the Director of Public Works has advised Council that the
maintenance period for the Final Works constructed by Nor-arm
Developments Inc. , pursuant to an agreement dated May 23, 1990,
between the former Town of Newcastle and Nor-Arm Developments Inc.
and Pinetree Development Corporation and 683794 Ontario Ltd. on
lands in Plan 1OM-837, will be completed on August 19, 1993.
WHEREAS paragraph 3.12 of the aforesaid Subdivision Agreement
provides that the Municipality is not required to release the
Maintenance Guarantee for the Works, deposited with the
Municipality, to the owner until the issuance of a Certificate of
Acceptance and certain other works are satisfied.
WHEREAS paragraph 5.24 of the aforesaid provides in part that in
addition to any other requirements contained in it, no Certificate
of Acceptance shall be issued until all of the Works covered by
such Certificate of Completion have been inspected by the Director
and the Town Council has approved the written report of the
Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5.23 of this
Agreement.
NOW THEREFORE, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. THAT, conditional on the Director of Public Works filing a
report with the Clerk on or after August 19, 1993, that he has
inspected all of the works for which a Certificate of
Completion was issued and that all such Works have been
maintained to the approval of the Director, the Director of
Public Works may issue a Certificate of Acceptance of the
Works referred to in the Subdivision Agreement dated May 23,
1990, between the former Town of Newcastle and Nor-Arm
Developments Inc. and Pinetree Development Corporation and
683794 Ontario Ltd. on lands in Plan 1OM-837 which are located
on portions of the lands to which registered Plan 1OM-837
applies.
2. THAT when the requirements of paragraph 3.12 of the
Subdivision Agreement referred to in Paragraph 1 have been
satisfied, the Treasurer shall be authorized to release the
ATTACHMENT NO. 4
�'� � I WD-33-93
- 2 -
Maintenance Guarantee for the Works for which the Acceptance
Certificate is issued to the person who the Treasurer
determines to be entitled to receive the same.
BY-LAW read a first and second time this 26th day of July, 1993.
BY-LAW read a third and finally passed this 26th day of July, 1993.
MAYOR
CLERIC
I
I
1008
TAE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-
Being a By-Law to authorize the issuance of a
Certificate of Acceptance for the Final Works
constructed on the lands in Plan 1OM-838 and
to release the Maintenance Guarantee for them.
WHEREAS the Director of Public Works has advised Council that the
maintenance period for the Final Works constructed by Nor-arm
Developments Inc. , pursuant to an agreement dated July 16, 1990,
between the former Town of Newcastle and Nor-Arm Developments Inc.
and Pinetree Development Corporation and Canadian Imperial Bank of
Commerce on lands in Plan IOX-838, will be completed on August 5,
1993.
WHEREAS paragraph 3.12 of the aforesaid Subdivision Agreement
provides that the Municipality is not required to release the
Maintenance Guarantee for the Works, deposited with the
Municipality, to the owner until the issuance of a Certificate of
Acceptance and certain other works are satisfied.
WHEREAS paragraph 5.24 of the aforesaid provides in part that in
addition to any other requirements contained in it, no Certificate
of Acceptance shall be issued until all of the works covered by
such Certificate of Completion have been inspected by the Director
and the Town Council has approved the written report of the
Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5.23 of this
Agreement.
NOW THEREFORE, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. THAT, conditional on the Director of Public Works filing a
report with the Clerk on or after August 5, 1993, that he has
inspected all of the works for which a Certificate of
Completion was issued and that all such Works have been
maintained to the approval of the Director, the Director of
Public Works may issue a Certificate of Acceptance of the
Works referred to in the Subdivision Agreement dated July 16,
1990, between the former Town of Newcastle and Nor-Arm
Developments Inc. and Pinetree Development Corporation and
Canadian Imperial Bank of Commerce on lands in Plan 1OM-838
which are located on portions of the lands to which registered
Plan 1OM-838 applies.
i
2. THAT when the requirements of paragraph 3.12 of the
Subdivision Agreement referred to in Paragraph 1 have been
satisfied, the Treasurer shall be authorized to release the
I
(� C� ATTACID ENT NO. 5
t 7 WD-33-93
2 -
Maintenance Guarantee for the Works for which the Acceptance
Certificate is issued to the person who the Treasurer
determines to be entitled to receive the same.
BY-LAW read a first and second time this 26th day of July, 1993.
BY-LI>W read a third and finally passed this 26th day of July, 1993.
MAYOR
CLERK
U 10 is. �
t
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-114
Being a By-Law to authorize the issuance of a
Certificate of Acceptance for the Final Works
constructed on the lands in Plan 1OM-838 and
to release the Maintenance Guarantee for them.
WHEREAS the Director of Public Works has advised Council that the
maintenance period for the Final Works constructed by Nor-arm
Developments Inc. , pursuant to an agreement dated July 16, 1990,
between the former Town of Newcastle and Nor-Arm Developments Inc.
and Pinetree Development Corporation and Canadian Imperial Bank of
Commerce on lands in Plan 1OM-838, will be completed on August 5,
1993.
WHEREAS paragraph 3.12 of the aforesaid Subdivision Agreement
provides that the Municipality is not required to release the
Maintenance Guarantee for the Works, deposited with the
Municipality, to the owner until the issuance of a Certificate of
Acceptance and certain other works are satisfied.
WHEREAS paragraph 5.24 of the aforesaid provides in part that in
addition to any other requirements contained in it, no Certificate
of Acceptance shall be issued until all of the Works covered by
such Certificate of Completion have been inspected by the Director
and the Town Council has approved the written report of the
Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5.23 of this
Agreement.
NOW THEREFORE, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. THAT, conditional on the Director of Public Works filing a
report with the Clerk on or after August 5, 1993, that he has
inspected all of the works for which a Certificate of
Completion was issued and that all such Works have been
maintained to the approval of the Director, the Director of
Public Works may issue a Certificate of Acceptance of the
Works referred to in the Subdivision Agreement dated July 16,
1990, between the former Town of- , Newcastle and Nor-Arm
Developments Inc. and Pinetree Development Corporation and
Canadian Imperial Bank of Commerce on lands in Plan 1OM-838
which are located on portions of the lands to which registered
Plan 1OM-838 applies.
2. THAT when the requirements of paragraph 3.12 of the
Subdivision Agreement referred to in Paragraph 1 have been
satisfied, the Treasurer shall be authorized to release the
1 , ATTACHMENT N0. 3
WD-50-93
2 -
Maintenance Guarantee for the Works for which the Acceptance
Certificate is issued to the person who the Treasurer
determines to be entitled to receive the same.
BY-LAW read a first and second time this 19th day of July, 1993.
BY-LAW read a third and finally passed this 19th day of July, 1993.
MAYOR
PUT1 CLERK
I
I
I
i
i
1012
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-115
Being a By-Law to authorize the issuance of a
Certificate of Acceptance for the Final Works
constructed on the lands in Plan 1OM-837 and
to release the Maintenance Guarantee for them.
WHEREAS the Director of Public Works has advised Council that the
maintenance period for the Final Works constructed by Nor-arm
Developments Inc. , pursuant to an agreement dated May 23, 1990,
between the former Town of Newcastle and Nor-Arm Developments Inc.
and Pinetree Development Corporation and 683794 Ontario Ltd. on
lands in Plan 1OM-837, will be completed on August 19, 1993.
WHEREAS paragraph 3. 12 of the aforesaid Subdivision Agreement
provides that the Municipality is not required to release the
Maintenance Guarantee for the Works, deposited with the
Municipality, to the owner until the issuance of a Certificate of
Acceptance and certain other works are satisfied.
WHEREAS paragraph 5.24 of the aforesaid provides in part that in
addition to any other requirements contained in it, no Certificate
of Acceptance shall be issued until all of the Works covered by
such Certificate of Completion have been inspected by the Director
and the Town Council has approved the written report of the
Director that all such Works have been maintained to the approval
of the Director for the period set out in paragraph 5.23 of this
Agreement.
NOW THEREFORE, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. THAT, conditional on the Director of Public Works filing a
report with the Clerk on or after August 19, 1993, that he has
inspected all of the works for which a Certificate of
Completion was issued and that all such Works have been
maintained to the approval of the Director, the Director of
Public Works may issue a Certificate of Acceptance of the
Works referred to in the Subdivision Agreement dated May 23,
1990, between the former Town of Newcastle and Nor-Arm
Developments Inc. and Pinetree Development Corporation and
683794 Ontario Ltd. on lands in Plan 1OM-837 which are located
on portions of the lands to which registered Plan 1OM-837
applies.
2. THAT when the requirements of paragraph 3. 12 of the
Subdivision Agreement referred to in Paragraph 1 have been
satisfied, the Treasurer shall be authorized to release the
1 0 13 ATTACHMENT N0. 4
WD-50-93
- 2 -
Maintenance Guarantee for the Works for which the Acceptance
Certificate is issued to the person who the Treasurer
determines to be entitled to receive the same.
BY-LAW read a first and second time thisl9th day of July, 1993.
BY-LAW read a third and finally passed this 19th day of July, 1993.
YOR
4:4��ERK
1014
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-
Being a By-Law to assume certain streets
within the Municipality of Clarington as
public highways in the Municipality of
Clarington.
NOW THEREFORE, the Council of The Corporation of the Municipality
of Clarington enacts as follow:
1. THAT the street described in Registered Plan IOM-837
(described in Schedule "A" attached hereto and forming
part of this By-Law) all being in the former Town of
Newcastle, now known as the Municipality of Clarington,
in the Regional Municipality of Durham, is hereby
accepted by The Corporation of the Municipality of
Clarington as public highway, and assumed by the said
Corporation for public use.
BY-LAW read a first and second time this 13th day of December,
1993.
BY-LAW read a third time and finally passed this 13th day of
December, 1993. '
MAYOR
CLERK
ATTACHMENT N0. 5
WD-50-93
1015
SCHEDULE "A" TO BY-LAW NUMBER 93-
Royal Pines Court
On Registered Plan 1OM-837
1016
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-
Being a By-Law to assume certain streets
within the Municipality of Clarington as
public highways in the Municipality of
Clarington.
NOW THEREFORE, the Council of The Corporation of the Municipality
of Clarington enacts as follow:
1. THAT the streets and road widening Block 84, described in
Registered Plan. 1OM-838 (described in Schedule "A"
attached hereto and forming part of this By-Law) all
being in the former Town of Newcastle, now known as the
Municipality of Clarington, in the Regional Municipality
of Durham, are hereby accepted by the Corporation of the
Municipality of Clarington as public highway, and assumed
by the said Corporation for public use.
BY-LAW read a first and second time this 13th day of December,
1993.
BY-LAW read a third time and finally passed this 13th day of
December, 1993.
MAYOR
' I
CLERK
ATTACHMENT N0. 6
WD-50-93
I
1017
SCHEDULE "A" TO BY-LAW NUMBER 93-
Galbraith Court
Climie Court
Block 84 (road widening)
On Registered Plan IOM-838
I
i
I