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HomeMy WebLinkAboutBy-law 3000/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3000 /89 Being a by-law to authorize the execution of Clte Plan/Development Agreements pursuant to section 40 of the Planning Act, 1983. WHEREAS, pursuant to the provisions of a predecessor of section 40 of the Planning Act, 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of Picketing enacted By-law 1079/80 on January 21, 1980, designating the whole of the area of the Town as a site plan control area; and WHEREAS, the Town therefore may require the owner of land to enter into one or more Agreements with the Town as a condition of the Town's approval of the develop- ment of that land dealing with and ensuring the provision of any or all of the facil- ities, works or matters mentioned in section 40(7)(a) of that Act, and the maintenance thereof, or with the provision and approval of the plans and drawings referred to in section 40(4) thereof; and WHEREAS it is anticipated that such Agreements will be required in many situations, and it is desirable to provide for an expeditious processing of such Agreements; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute ali Site Plan/Development Agreements, in the form attached hereto as Schedule A, as required from time to time, for the purpose of satisfying the Town's requirements for such Agree- ments imposed as conditions of the Town's approval of development, pursuant to the provisions of By-law 1079/80, and section 40 of the Planning Act 1983, S.O. 1983, chapter 1. 2. By-law 1332/81 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 16th day of January, 1989. _ Wayne A~ah~urs, Mayor TOWN OF ,.. Bruce Taylor, Clerk PICKEf,l' NG APPROYED ;AS 1'0 THE CORPORATION OF TIlE TOWN OF PICKERING BY-LAW NO. 3000 /89 Being a by-law to authorize the execution of Site Plan/Development Agreements pursuant to section 40 of the Planning Act, 1983. WHEREAS, pursuant to the provisions of a predecessor of section 40 of the Planning Act, 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of Picketing enacted By-law 1079/80 on January 21, 1980, designating the whole of the area of the Town as a site plan control area; and WHEREAS, the Town therefore may require the owner of land to enter into one or more Agreements with the Town as a condition of the Town's approval of the develop- ment of that land dealing with and ensuring the provision of any or all of the facil- ities, works or matters mentioned in section 40(7)(a) of that Act, and the maintenance thereof, or with the provision and approval of the plans and drawings referred to in section 40(4) thereof; and WHEREAS it is anticipated that such Agreements will be required in many situations, and it is desirable to provide for an expeditious processing of such Agreements; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute all Site Plan/Development Agreements, in the form attached hereto as Schedule A, as required from time to time, for the purpose of satisfying the Town's requirements for such Agree- ments imposed as conditions of the Town's approval of development, pursuant to the provisions of By-law 1079/80, and section 40 of the Planning Act 1983, S.O. 1983, chapter 1. 2. By-law 1332/81 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 16th day of January, 1989. Wayne~A~u~rs', Mayor TOWN OF ~ Br Cl~rk PICKER~NG APPROYED Schedule A THIS AGREEMENT made this day of , 1989. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" OF THE FIRST PART, herein called the "Owner" OF THE SECOND PART. WHEREAS the Owner herein is the registered owner, in fee simple, of the lands affected hereby; and WHEREAS pursuant to the provisions of the predecessor of section 40 of the Planning Act 1983, S.O. 1983, chapter 1, the Council of The Corporation of the Town of Picketing enacted By-Law 1079/80 on January 21st, 1980, designating the whole of the area of the Town of Pickering as a site plan control area; and WHEREAS therefore, as a condition of the Town's approval of the development of the lands, the Town requires the Owner to enter into an Agreement with it dealing with and ensuring the provision of certain facilities, works or matters, and the mainte- nance thereof, and with the provieion and approval of certain plans and drawings respecting the development; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the sum of $2.00 now paid by each Party to the other, receipt of which is hereby acknowledged, the Parties hereto agree as follows: 1. The land and premises affected by this Agreement (herein called the "Lands") are , Pickering. 2. No development, as defined in section 40 of the Planning Act 198B, S.O. 1985, c.1, shall be undertaken on the Lands except in conformity with this Agreement and with the following plans and drawings (herein collectively called the "Plans" ); Plan No. Plan Title Plan Date Last Revised prepared by 3. The Owner shall maintain, in conformity with the Plans, to the Town's satisfac- tion and at the sole risk and expense of the Owner, all of the facilities and works that are both shown on the Plans and serve or are located on the Lands, and shall ensure the timely removal of snow from access ramps, driveways, parking and loading areas, and walkways. 4. For the purpose of guaranteeing, (a) the provision of the facilities, works or matters shown on the Plans, and (b) the maintenance (for one year after provision) of the facilities and works required to be maintained under section 3, above, the Owner shall provide to the Town, prior to the issuance of a building per- mit, a security in the form of an irrevocable letter of credit issued by a char- tered bank in Canada in the amount of $ which security may be drawn upon by the Town in such amounts, and at such times as the Town, in its sole discretion, deems advisable, should the Owner fail to provide or maintain the facilities, works or matters, as the case may be, to the Town's satisfaction. §. This Agreement shah enure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the Parties herein have hereunto affixed their SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk In the presence of ENCUMBRANCER This Agreement shall have priority over and take precedence over all of the Encumbrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or inter- est is set out in or arises by virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. Dated at this day of , 19__. SIGNED, SEALED & DELIVERED In the presence of