HomeMy WebLinkAboutBy-law 1332/81- 11
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1332 /81
Being a By-Law to authorize the execution of
Site Plan Agreements pursuant to section 35a
of The Planning Act, as amended
WHEREAS pursuant to the provisions of section 35a of The
Planning Act, R.S.O. 1970, chapter 349, as amended, the
Council of the Corporation of the Town of Pickering enacted
By-Law 1079/80 on January 21st, 1980, designating the whole
of the area of the Town as a site plan control area; and
WHEREAS therefore, the Town requires certain landowners to
enter into Agreements with the Town prior to the develop-
ment, including redevelopment, of those landowners' lands,
and the erection, construction and installation of buildings,
structures, facilities and works thereon; and
WHEREAS it is anticipated that such Site Plan Agreements will
be required in many situations, and it is deemed 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
Site Plan 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 Agreements as preconditions to development or
redevelopment, pursuant to the provisions of By-Law
1079/80, and section 35a of The Planning Act, R.S.O.
1970, chapter 349, as amended.
BY-LAW read a first, second and third time and finally passed
this 6th day of July , 1981.
APfIR
AS TO
THIS AGREEMENT made in triplicate this day of , 1981.
B E T W E E N:
hereinafter referred to as the "Owner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICRERING
hereinafter referred to as the "Town"
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 section 35a of The Planning
Act, R.S.O. 1970, chapter 349, as amended by The Planning Amendment
Act, 1979, S.O. 1979, chapter 59, the Council of the Corporation of the
Town of Pickering enacted By-Law 1079/80 on January 21st, 1980, desig-
nating the whole of the area of the Town of Pickering as a site plan
control area; and
WHEREAS, therefore, the Town requires the Owner to enter into an
Agreement with it prior to the development, including redevelopment, of
the said lands and the erection, construction and installation of
buildings, structures, facilities and works thereon;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of
mutual benefits, the Parties hereto agree as follows:
1. The lands and promises affected by this Agreement (hereinafter
referred to as the "lands") are those lands more particularly
described in Schedule "A" hereto.
2. No development, including redevelopment, shall be undertaken on
the lands until,
(a) plans showing the location of all buildings and structures
existing or to be erected and showing the location of all
facilities and works to be provided in conjunction therewith
and of all facilities and works required under section 3
hereof, and
(2), above, the Town may require the owner to provide, prior
to the issuance of a building permit, security in the form of
an irrevocable letter of credit issued by a chartered bank in
Canada in an amount and for a term determined by the Town,
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 maintain the said facil-
ities or works to the Town's satisfaction.
4. Upon approval by the Town's Director of Planning of the plans and
drawings referred to in section 2, above, the proposed buildings,
structures, facilities and works shall be erected, constructed,
installed and maintained in conformance with the said plans and
drawings, as approved.
5. If erection, construction or installation has not commenced within
one (1) year of the date of approval of the plans and drawings
referred to in section 2, the approval shall become null and void
and the plans and drawings must be re-submitted for approval prior
to any erection, construction or installation commencing.
6. This Agreement, the Schedule hereto, and everything contained
therein, shall enure to the benefit of and be binding upon the
Parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF the Party of the First Part has hereunto affixed
his hand and seal and the Party of the Second Part has hereunto affixed
its Corporate Seal, duly attested by its authorized officers.
SIGNED, SEALED & DELIVERED
In the presence of
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk ----- -- - -- -- -
SCHEDULE "A"
ALL AND SINGULAR that certain Parcel or tract of land and premises sit-
uate, lying and being in the Town of PicY,ering, in the Regional A9unici-
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