HomeMy WebLinkAboutBy-law 859/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 859/78
Being a by-law to authorize the execution
of agreements respecting noise abatement
features in dwellings on lands under the
jurisdiction of the Minister's Zoning
Orders
VIHEREAS the Ministry of Housing has recently revised its pro-
L.edures regarding the Minister's Zoning Orders imposed pursuant
to the provisions of The Planning Act, R.S.O. 1970, c. 349,
section 32, as amended, around the site of the proposed Pickering
airport, in that residential development of the lands within
the 30 - 35 NEF noise envelope will be considered if noise
abatement features consistent with the CMHC guidelines titled
"New Housing and Aircraft Noise", are incorporated into specific
building designs and the development satisfies all local
Dlanning requirements;
WHEREAS therefore, before the Ministry will consider an
ndment application for approval it requires the applicant
applicants to enter into a development agreement with the
n to ensure that the construction of any dwelling upon the
ds being the subject of the appication will satisfy noise
tement features as set out in the CMHC guidelines;
ND WHEREAS it is anticipated that such development agreement
ill be required in many situations, and it is deemed desirable
o provide for ai expeditious processing of such agreements;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
KERING HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to
execute development agreements, in the form
attached hereto as Schedule "A", as required
from time to time, for the purpose of satis-
fying the Ministry of Housing's requirements
for such agreements as pre-conditions to the
consideration by the Ministry of the Minister's
Zoning Order amendment applications which
have received the prior approval of the Council
of the Corporation of the Town of Pickering.
Y-LAW read a first, second and third time and finally PASSED
his 104. day of pa , 1978.
Clerk
SCHEDULE "A" to By-Law No. 05/79
THIS AGREEMEN? 1
0 ?x ay of 19
B E T W E E r
THE CORPORATION OF THE TOWN OF PICKERING
herein called the ."Town"
- and -
OF THE FIRST PART
herein called the
OF THE SECOND PART
1. WHEREAS the Owner is the owner in fee simple of certain
lands and premises in the Town of Pickering, in the Regional
Municipality of Durham, more particularly described in section
1 hereof; and
2. WHEREAS the owner has made application for an amendment
to the Minister of Housing's Zoning order, being Ontario
Regulation / , made pursuant to the provision of section
32 of The Planning Act, R.S.O. 1970, chapter 349, as amended;
and
3. WHEREAS the Minister requires as a pre-condition to his
consideration of the application that the Owner enter into
a development agreement with the Town respecting noise abate-
ment features;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration
of the premises, other good and valuable consideration, and the
mutual covenants and undertakings herein, the Parties hereto
agree as follows:
1. The lands and premises affected by this agreement are
those lands and premises more particularly described in Schedule
"A" hereto.
2. No building or buildings shall be erected on the lands
and premises hereinbefore described until,
(a) specific building designs, incorporating noise
abatement features to ensure that the construction
of any new dwelling will be consistent with the
CMHC guidelines titled "Housing and Airport Noise",
have been submitted to the Town and to the Ministry
of the Environment, have received the written ap-
proval of each, and evidence of the Ministry's
approval submitted to the Town; and
(b) a building permit has been issued.
3. The proposed building, buildings and other works shown
on the designs shall be erected only in conformance with the
G designs, and consistent with the approvals granted.
4. If construction has not commenced within twelve months
of the date of the granting of any approval referred to in
section 2, the approval shall become null and void and the
Owner shall be required to obtain fresh approval.
5. The approval required in clause a of section 2 shall
only be required so long as the said Zoning Order is in
effect and is applicable to the lands affected hereby.
- 2 -
6. This agreement and everything contained herein shall
enure to the benefit of and be binding upon the Parties hereto
and their successors and assigns.
IN WITNESS WHEREOF the
hereto affixed its corporate
its duly authorized officers
Party of the First Part has
seal attested by the hands of
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF
PICKERING
Mayor
I
Clerk W., ,
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Pickering
in the Regional Municipality of Durham and Province of
Ontario and being composed of
No. 541 COMBINED { A F F IDAV IT OF SUBSCRI KING WITN ESS
AFFIDAVIT AS TO AGE AND SPOUSAL STATUS
I,
of the
in the
AFFIDAVIT OF SUBSCRIBING WITNESS
PMCNDCD MGECH I9T2
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
-SCE JOKAGOVE
-See faOLnate
I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the
in the
this day of 19
A COMMISSIONER FOR TAKING AFFIDAVITS, ETC.
March 1978
• If Attorney
FED fantOntP
Strike out
i napreliesI
dLO.A..
--Not a
Matrimonial
, etc.
footnote.
A Where a party is unable to read the inrNUment or where a party sig. by making his .,it or in foreign characters add
"after the instrument had been read to him and he appeared fully to ,Gd,,VC d it". Where ezecuted'pnder a power Of attorney
insert "(name of attorney) as attorney fo+ (mme of party)"; and to+ next clause substitute 'el verily believe that the person whose
signature 1 witnessed was authorized to execute the t.tmment as attorney to+ (mme)".
AFFIDAVIT AS TO AGE AND SPOUSAL STATUS
I/WE
of the
in the
make oath and say: When
UNITED STATIONERY CO. LTD., LEGAL FORM OLPT.
]0 PRODUCTION DRIVE, SCARBOROUGH
executed the attached instrument,
I/WE at least eighteen years old.
Within the meaning of section 1(f) of The Family Law Reform Act, 1978:-
a) I was a spouse.
b) We were spouses of one another.
C) was my spouse.
(SEVERALLY) SWORN before me at the
in the
this day of 19
A COMMISSIONER EOn TAKING AEiIOAVITS, ETC
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euhiar mld, if np)Jirahlr. I of xpouxel +ri thin (he r, inp of S, nlun trU of The Family Lain RrlOnn All, r978, and vhrn h,/eh,
u,ndrd the pu „r of offor ey, htlehc Imd utfalvcd the apr af+ uiority".
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