BUILDING PERMITS AND OCCUPANCY. 35.1 The Developer/Owner covenants and agrees not to apply for building permits until: a) all Primary Services (including roadways to base asphalt and curbs) have been completed and are operational and a Completion Certificate for Primary Services has been approved to the satisfaction of the Director of Public Works; b) the Town has on file an approved Subdivision Grading Plan; c) the Developer has completed the following grading works: i) rough grading of all Lots and Blocks to generally conform to the Subdivision Grading Plan; ii) construction and hydroseeding of all major overland flow drainage xxxxxx and other erosion control devices deemed necessary by the Town for the Lands; d) the Town has on file an approved Proposed Lot Grading Plan; e) the Town is in receipt of all applicable fees and deposits including, without limiting the generality of the foregoing: i) development fees at the prevailing rate as prescribed by the Town’s Development Charges By-Law 3527 (2014) and amendments thereto; ii) the Lot Grading Deposit; iii) Building Permit application fee; iv) Plumbing Permit application fee; v) water meter fee; vi) service main connection application and fee, if applicable; and, vii) any other fees, deposits or payments required under this Agreement or as otherwise provided for under any other executed agreement between the Town and the Developer; f) the Town’s Fire Department has confirmed that an adequate water supply for firefighting operations and satisfactory access for firefighting equipment is available to service the Lands; g) the Town is satisfied all terms and conditions of this Agreement have been complied with insofar as they apply at that point in time; h) the Developer/Owner has paid or otherwise satisfied all development charges required by the Development Charges By-Law of the Town of Pelham, and the Development Charges By-Law of the Regional Municipality of Niagara, and the Development Charge of the Niagara District Catholic School Board; and, i) the Developer/Owner has otherwise complied with all applicable law. 35.2 The Developer/Owner agrees to comply with the East Fonthill Secondary Plan Area Urban Design Guidelines. The building’s licensed Architect/Designer shall provide their stamp and a statement on the submitted plans that indicates the building complies with the East Fonthill Secondary Plan Area Urban Design Guidelines. 35.3 Notwithstanding anything herein contained, the Town may refuse to issue building permits if there is an existing default in any of the provisions of this Agreement. 35.4 Prior to making any connections, if required, to existing municipal services the Developer/Owner shall submit to the Town, completed Connection Permit applications and applicable fees for connection to existing sewer or water mains. No connection shall be made until the Connection Permits are approved by the Town’s Public Works Department. 35.5 The Developer acknowledges and confirms that all charges, payments, Works to be constructed or installed, studies to be carried out and all other obligations contained in this Agreement or the cost thereof (except where a charge is referred to herein as “a development charge” are characterized as: a) services installed or provided at the expense of the Developer within the Plan of Subdivision, as a condition of approval under Section 51 of the Planning Act; or b) services denoted on approved Plans or specifically noted in the Agreement for which the Developer is making no claim for credits under the Development Charge By-law except as otherwise provided for under other agreements between the Town and the Developer; and, c) are not charges related to development within the meaning of the Development Charges Act, 1997 except as otherwise provided for under other agreements between the Town and the Developer. 35.6 Except as otherwise provided for under other agreements between the Town and the Developer, the Developer hereby releases and forever discharges the Town from any and all claims for credit against development charges payable hereunder or payable at the issuance of a building permit or permits for construction within the Plan of Subdivision and the Developer hereby waives all such claims for credits except for the credits that may be specified in any schedule forming part of this Agreement. Any such credits so specified herein and the calculation thereof shall be deemed to be conclusive and binding on the Developer. 35.7 The Developer/Owner may construct 20 model units once the following Primary Services are completed: roads (base coat asphalt), watermain, and sanitary sewers. 35.8 Unless otherwise determined by the Chief Building Official, no dwelling, including model units, shall be occupied: a) until the Director of Public Works has approved the Completion Certificate for Primary Services; b) until the Town has on file a Grading Conformance Certificate for the Lot; and, c) until a final inspection has been completed and a Letter of Occupancy is issued by the Chief Building Official. 35.9 The Developer/Owner agrees to pay all applicable permit fees and unless otherwise satisfied pursuant to the terms of other agreements between the Town and the Developer, any development charges for the buildings or structures constructed as model units, and shall otherwise comply with Section 35 herein, prior to a Letter of Occupancy being issued for said units. 35.10 All new homes constructed shall be equipped with water meters at the sole expense of the Developer/Owner.
Appears in 3 contracts
Samples: Subdivision Agreement, Subdivision Agreement, Subdivision Agreement
BUILDING PERMITS AND OCCUPANCY.
35.1 The Developer/Owner covenants and agrees not to apply for building permits until:
a) all Primary Services (including roadways to base asphalt and curbs) have been completed and are operational and a Completion Certificate for Primary Services has been approved to the satisfaction of the Director of Public Works;
b) the Town has on file an approved Subdivision Grading Plan;
c) the Developer has completed the following grading works:
i) rough grading of all Lots and Blocks to generally conform to the Subdivision Grading Plan;
ii) construction and hydroseeding of all major overland flow drainage xxxxxx and other erosion control devices deemed necessary by the Town for the Lands;
d) the Town has on file an approved Proposed Lot Grading Plan;
e) the Town is in receipt of all applicable fees and deposits including, without limiting the generality of the foregoing:
i) development fees at the prevailing rate as prescribed by the Town’s Development Charges By-Law 3527 (2014) and amendments thereto;
ii) the Lot Grading Deposit;
iii) Building Permit application fee;
iv) Plumbing Permit application fee;
v) water meter fee;
vi) service main connection application and fee, if applicable; and,
vii) any other fees, deposits or payments required under this Agreement or as otherwise provided for under any other executed agreement between the Town and the Developer;
f) the Town’s Fire Department has confirmed that an adequate water supply for firefighting operations and satisfactory access for firefighting equipment is available to service the Lands;
g) the Town is satisfied all terms and conditions of this Agreement have been complied with insofar as they apply at that point in time;
h) the Developer/Owner has paid or otherwise satisfied all development charges required by the Development Charges By-Law of the Town of Pelham, and the Development Charges By-Law of the Regional Municipality of Niagara, and the Development Charge of the Niagara District Catholic School Board; and,
i) the Developer/Owner has otherwise complied with all applicable law.
35.2 The Developer/Owner agrees to comply with the East Fonthill Secondary Plan Area Urban Design Guidelines. The building’s licensed Architect/Designer shall provide their stamp and a statement on the submitted plans that indicates the building complies with the East Fonthill Secondary Plan Area Urban Design Guidelines.
35.3 Notwithstanding anything herein contained, the Town may refuse to issue building permits if there is an existing default in any of the provisions of this Agreement.
35.4 Prior to making any connections, if required, to existing municipal services the Developer/Owner shall submit to the Town, completed Connection Permit applications and applicable fees for connection to existing sewer or water mains. No connection shall be made until the Connection Permits are approved by the Town’s Public Works Department.
35.5 The Developer acknowledges and confirms that all charges, payments, Works to be constructed or installed, studies to be carried out and all other obligations contained in this Agreement or the cost thereof (except where a charge is referred to herein as “a development charge” are characterized as:
a) services installed or provided at the expense of the Developer within the Plan of Subdivision, as a condition of approval under Section 51 of the Planning Act; or
b) services denoted on approved Plans or specifically noted in the Agreement for which the Developer is making no claim for credits under the Development Charge By-law except as otherwise provided for under other agreements between the Town and the Developer; and,
c) are not charges related to development within the meaning of the Development Charges Act, 1997 except as otherwise provided for under other agreements between the Town and the Developer.
35.6 Except as otherwise provided for under other agreements between the Town and the Developer, the Developer hereby releases and forever discharges the Town from any and all claims for credit against development charges payable hereunder or payable at the issuance of a building permit or permits for construction within the Plan of Subdivision and the Developer hereby waives all such claims for credits except for the credits that may be specified in any schedule forming part of this Agreement. Any such credits so specified herein and the calculation thereof shall be deemed to be conclusive and binding on the Developer.
35.7 The Developer/Owner may construct 20 model units once the following Primary Services are completed: roads (base coat asphalt), watermain, and sanitary sewers.
35.8 Unless otherwise determined by the Chief Building Official, no dwelling, including model units, shall be occupied:
a) until the Director of Public Works has approved the Completion Certificate for Primary Services;
b) until the Town has on file a Grading Conformance Certificate for the Lot; and,
c) until a final inspection has been completed and a Letter of Occupancy is issued by the Chief Building Official.
35.9 The Developer/Owner agrees to pay all applicable permit fees and unless otherwise satisfied pursuant to the terms of other agreements between the Town and the Developer, any development charges for the buildings or structures constructed as model units, and shall otherwise comply with Section 35 herein, prior to a Letter of Occupancy being issued for said units.
35.10 All new homes constructed shall be equipped with water meters at the sole expense of the Developer/Owner.Owner.
Appears in 2 contracts
Samples: Subdivision Agreement, Subdivision Agreement
BUILDING PERMITS AND OCCUPANCY. 35.1 The Developer/Owner covenants and agrees not to apply for building permits until:
a) all Primary Services (including roadways to base asphalt and curbs) have been completed and are operational and a Completion Certificate for Primary Services has been approved to the satisfaction of the Director of Public Works;
b) the Town has on file an approved Subdivision Grading Plan;
c) the Developer has completed the following grading works:
i) rough grading of all Lots and Blocks to generally conform to the Subdivision Grading Plan;
ii) construction and hydroseeding of all major overland flow drainage xxxxxx and other erosion control devices deemed necessary by the Town for the Lands;
d) the Town has on file an approved Proposed Lot Grading Plan;
e) the Town is in receipt of all applicable fees and deposits including, without limiting the generality of the foregoing:
i) development fees at the prevailing rate as prescribed by the Town’s Development Charges By-Law 3527 4023 (20142018) and amendments thereto;
ii) the Lot Grading Deposit;
iii) Building Permit application fee;
iv) Plumbing Permit application fee;
v) water meter fee;
vi) service main connection application and fee, if applicable; and,
vii) any other fees, deposits or payments required under this Agreement or as otherwise provided for under any other executed agreement between the Town and the Developer;
f) the Town’s Fire Department has confirmed that an adequate water supply for firefighting operations and satisfactory access for firefighting equipment is available to service the Lands;
g) the Town is satisfied all terms and conditions of this Agreement have been complied with insofar as they apply at that point in time;
h) the Developer/Owner has paid or otherwise satisfied all development charges required by the Development Charges By-Law of the Town of Pelham, and the Development Charges By-Law of the Regional Municipality of Niagara, and the Development Charge of the Niagara District Catholic School Board; and,
i) the Developer/Owner has otherwise complied with all applicable law.
35.2 The Developer/Owner agrees to comply with the East Fonthill Secondary Plan Area Urban Design Guidelines. The building’s licensed Architect/Designer shall provide their stamp and a statement on the submitted plans that indicates the building complies with the East Fonthill Secondary Plan Area Urban Design GuidelinesPolicy B1.
35.3 Notwithstanding anything herein contained, the Town may refuse to issue building permits if there is an existing default in any of the provisions of this Agreement.
35.4 Prior to making any connections, if required, to existing municipal services the Developer/Owner shall submit to the Town, completed Connection Permit applications and applicable fees for connection to existing sewer or water mains. No connection shall be made until the Connection Permits are approved by the Town’s Public Works Department.
35.5 The Developer acknowledges and confirms that all charges, payments, Works to be constructed or installed, studies to be carried out and all other obligations contained in this Agreement or the cost thereof (except where a charge is referred to herein as “a development charge” are characterized as:
a) services installed or provided at the expense of the Developer within the Plan of Subdivision, as a condition of approval under Section 51 of the Planning Act; or
b) services denoted on approved Plans or specifically noted in the Agreement for which the Developer is making no claim for credits under the Development Charge By-law except as otherwise provided for under other agreements between the Town and the Developer; and,
c) are not charges related to development within the meaning of the Development Charges Act, 1997 except as otherwise provided for under other agreements between the Town and the Developer.
35.6 Except as otherwise provided for under other agreements between the Town and the Developer, the Developer hereby releases and forever discharges the Town from any and all claims for credit against development charges payable hereunder or payable at the issuance of a building permit or permits for construction within the Plan of Subdivision and the Developer hereby waives all such claims for credits except for the credits that may be specified in any schedule forming part of this Agreement. Any such credits so specified herein and the calculation thereof shall be deemed to be conclusive and binding on the Developer.
35.7 The Developer/Owner may construct 20 model units once the following Primary Services are completed: roads (base coat asphalt), watermain, and sanitary sewers.
35.8 Unless otherwise determined by the Chief Building Official, no dwelling, including model units, shall be occupied:
a) until the Director of Public Works has approved the Completion Certificate for Primary Services;
b) until the Town has on file a Grading Conformance Certificate for the Lot; and,
c) until a final inspection has been completed and a Letter of Occupancy is issued by the Chief Building Official.
35.9 The Developer/Owner agrees to pay all applicable permit fees and unless otherwise satisfied pursuant to the terms of other agreements between the Town and the Developer, any development charges for the buildings or structures constructed as model units, and shall otherwise comply with Section 35 herein, prior to a Letter of Occupancy being issued for said units.
35.10 All new homes constructed shall be equipped with water meters at the sole expense of the Developer/Owner.
Appears in 1 contract
Samples: Subdivision Agreement
BUILDING PERMITS AND OCCUPANCY. 35.1 The Developer/Owner covenants and agrees not to apply for building permits until:
a) all Primary Services (including roadways to base asphalt and curbs) have been completed and are operational and a Completion Certificate for Primary Services has been approved to the satisfaction of the Director of Public Works;
b) the Town has on file an approved Subdivision Grading Plan;
c) the Developer has completed the following grading works:
i) rough grading of all Lots and Blocks to generally conform to the Subdivision Grading Plan;
ii) construction and hydroseeding of all major overland flow drainage xxxxxx and other erosion control devices deemed necessary by the Town for the Lands;
d) the Town has on file an approved Proposed Lot Grading Plan;
e) the Town is in receipt of all applicable fees and deposits including, without limiting the generality of the foregoing:
i) development fees at the prevailing rate as prescribed by the Town’s Development Charges By-Law 3527 (2014) and amendments thereto;
ii) the Lot Grading Deposit;
iii) Building Permit application fee;
iv) Plumbing Permit application fee;
v) water meter fee;
vi) service main connection application and fee, if applicable; and,
vii) any other fees, deposits or payments required under this Agreement or as otherwise provided for under any other executed agreement between the Town and the Developer;
f) the Town’s Fire Department has confirmed that an adequate water supply for firefighting operations and satisfactory access for firefighting equipment is available to service the Lands;
g) the Town is satisfied all terms and conditions of this Agreement have been complied with insofar as they apply at that point in time;
h) the Developer/Owner has paid or otherwise satisfied all development charges required by the Development Charges By-Law of the Town of Pelham, and the Development Charges By-Law of the Regional Municipality of Niagara, and the Development Charge of the Niagara District Catholic School Board; and,
i) the Developer/Owner has otherwise complied with all applicable law.
35.2 The Developer/Owner agrees to comply with the East Fonthill Secondary Plan Area Urban Design Guidelines. The building’s licensed Architect/Designer shall provide their stamp and a statement on the submitted plans that indicates the building complies with the East Fonthill Secondary Plan Area Urban Design Guidelines.
35.3 Notwithstanding anything herein contained, the Town may refuse to issue building permits if there is an existing default in any of the provisions of this Agreement.
35.4 Prior to making any connections, if required, to existing municipal services the Developer/Owner shall submit to the Town, completed Connection Permit applications and applicable fees for connection to existing sewer or water mains. No connection shall be made until the Connection Permits are approved by the Town’s Public Works Department.
35.5 The Developer acknowledges and confirms that all charges, payments, Works to be constructed or installed, studies to be carried out and all other obligations contained in this Agreement or the cost thereof (except where a charge is referred to herein as “a development charge” are characterized as:
a) services installed or provided at the expense of the Developer within the Plan of Subdivision, as a condition of approval under Section 51 of the Planning Act; or
b) services denoted on approved Plans or specifically noted in the Agreement for which the Developer is making no claim for credits under the Development Charge By-law except as otherwise provided for under other agreements between the Town and the Developer; and,
c) are not charges related to development within the meaning of the Development Charges Act, 1997 except as otherwise provided for under other agreements between the Town and the Developer.
35.6 Except as otherwise provided for under other agreements between the Town and the Developer, the Developer hereby releases and forever discharges the Town from any and all claims for credit against development charges payable hereunder or payable at the issuance of a building permit or permits for construction within the Plan of Subdivision and the Developer hereby waives all such claims for credits except for the credits that may be specified in any schedule forming part of this Agreement. Any such credits so specified herein and the calculation thereof shall be deemed to be conclusive and binding on the Developer.
35.7 The Developer/Owner may construct 20 model units once the following Primary Services are completed: roads (base coat asphalt), watermain, and sanitary sewers.
35.8 Unless otherwise determined by the Chief Building Official, no dwelling, including model units, shall be occupied:
a) until the Director of Public Works has approved the Completion Certificate for Primary Services;
b) until the Town has on file a Grading Conformance Certificate for the Lot; and,
c) until a final inspection has been completed and a Letter of Occupancy is issued by the Chief Building Official.
35.9 The Developer/Owner agrees to pay all applicable permit fees and unless otherwise satisfied pursuant to the terms of other agreements between the Town and the Developer, any development charges for the buildings or structures constructed as model units, and shall otherwise comply with Section 35 herein, prior to a Letter of Occupancy being issued for said units.
35.10 All new homes constructed shall be equipped with water meters at the sole expense of the Developer/Owner.
Appears in 1 contract
Samples: Subdivision Agreement
BUILDING PERMITS AND OCCUPANCY. 35.1 The Developer/Owner covenants and agrees not to apply for building permits until:
a) all Primary Services (including roadways to base asphalt and curbs) have been completed and are operational and a Completion Certificate for Primary Services has been approved to the satisfaction of the Director of Public Works;
b) the Town has on file an approved Subdivision Grading Plan;
c) the Developer has completed the following grading works:
i) rough grading of all Lots and Blocks to generally conform to the Subdivision Grading Plan;
ii) construction and hydroseeding of all major overland flow drainage xxxxxx and other erosion control devices deemed necessary by the Town for the Lands;
d) the Town has on file an approved Proposed Lot Grading Plan;
e) the Town is in receipt of all applicable fees and deposits including, without limiting the generality of the foregoing:
i) development fees at the prevailing rate as prescribed by the Town’s Development Charges By-Law 3527 (2014) and amendments thereto;
ii) the Lot Grading Deposit;
iii) Building Permit application fee;
iv) Plumbing Permit application fee;
v) water meter fee;
vi) service main connection application and fee, if applicable; and,
vii) any other fees, deposits or payments required under this Agreement or as otherwise provided for under any other executed agreement between the Town and the Developer;
f) the Town’s Fire Department has confirmed that an adequate water supply for firefighting operations and satisfactory access for firefighting equipment is available to service the Lands;
g) the Town is satisfied all terms and conditions of this Agreement have been complied with insofar as they apply at that point in time;
h) the Developer/Owner has paid or otherwise satisfied all development charges required by the Development Charges By-Law of the Town of Pelham, and the Development Charges By-Law of the Regional Municipality of Niagara, and the Development Charge of the Niagara District Catholic School Board; and,
i) the Developer/Owner has otherwise complied with all applicable law.
35.2 The Developer/Owner agrees to comply with the East Fonthill Secondary Plan Area Urban Design Guidelines. The building’s licensed Architect/Designer shall provide their stamp and a statement on the submitted plans that indicates the building complies with the East Fonthill Secondary Plan Area Urban Design Guidelines.
35.3 Notwithstanding anything herein contained, the Town may refuse to issue building permits if there is an existing default in any of the provisions of this Agreement.
35.4 Prior to making any connections, if required, to existing municipal services the Developer/Owner shall submit to the Town, completed Connection Permit applications and applicable fees for connection to existing sewer or water mains. No connection shall be made until the Connection Permits are approved by the Town’s Public Works Department.
35.5 The Developer acknowledges and confirms that all charges, payments, Works to be constructed or installed, studies to be carried out and all other obligations contained in this Agreement or the cost thereof (except where a charge is referred to herein as “a development charge” are characterized as:
a) services installed or provided at the expense of the Developer within the Plan of Subdivision, as a condition of approval under Section 51 of the Planning Act; or
b) services denoted on approved Plans or specifically noted in the Agreement for which the Developer is making no claim for credits under the Development Charge By-law except as otherwise provided for under other agreements between the Town and the Developer; and,
c) are not charges related to development within the meaning of the Development Charges Act, 1997 except as otherwise provided for under other agreements between the Town and the Developer.
35.6 Except as otherwise provided for under other agreements between the Town and the Developer, the Developer hereby releases and forever discharges the Town from any and all claims for credit against development charges payable hereunder or payable at the issuance of a building permit or permits for construction within the Plan of Subdivision and the Developer hereby waives all such claims for credits except for the credits that may be specified in any schedule forming part of this Agreement. Any such credits so specified herein and the calculation thereof shall be deemed to be conclusive and binding on the Developer.
35.7 The Developer/Owner may construct 20 model units once the following Primary Services are completed: roads (base coat asphalt), watermain, and sanitary sewers.
35.8 Unless otherwise determined by the Chief Building Official, no dwelling, including model units, shall be occupied:
a) until the Director of Public Works has approved the Completion Certificate for Primary Services;
b) until the Town has on file a Grading Conformance Certificate for the Lot; and,
c) until a final inspection has been completed and a Letter of Occupancy is issued by the Chief Building Official.
35.9 35.8 The Developer/Owner agrees to pay all applicable permit fees and unless otherwise satisfied pursuant to the terms of other agreements between the Town and the Developer, any development charges for the buildings or structures constructed as model units, and shall otherwise comply with Section 35 herein, prior to a Letter of Occupancy being issued for said units.
35.10 35.9 All new homes constructed shall be equipped with water meters at the sole expense of the Developer/Owner.
Appears in 1 contract
Samples: Subdivision Agreement
BUILDING PERMITS AND OCCUPANCY. 35.1 33.1 The Developer/Owner covenants and agrees not to apply for building permits until:
a) all Primary Services (including roadways to base asphalt and curbs) have been completed and are operational and a Completion Certificate for Primary Services has been approved to the satisfaction of the Director of Public Works;
b) the Town has on file an approved Subdivision Grading Plan;
c) the Developer has completed the following grading works:
i) rough grading of all Lots and Blocks to generally conform to the Subdivision Grading Plan;
ii) construction and hydroseeding of all major overland flow drainage xxxxxx and other erosion control devices deemed necessary by the Town for the Lands;
d) the Town has on file an approved Proposed Lot Grading Plan;
e) the Town is in receipt of all applicable fees and deposits including, without limiting the generality of the foregoing:
i) development fees at the prevailing rate as prescribed by the Town’s Development Charges By-Law 3527 (2014) and amendments thereto;
ii) the Lot Grading Deposit;
iii) Building Permit application fee;
iv) Plumbing Permit application fee;
v) water meter fee;
vi) service main connection application and fee, if applicable; and,
vii) any other fees, deposits or payments required under this Agreement or as otherwise provided for under any other executed agreement between the Town and the Developer;
f) the Town’s Fire Department has confirmed that an adequate water supply for firefighting operations and satisfactory access for firefighting equipment is available to service the Lands;
g) the Town is satisfied all terms and conditions of this Agreement have been complied with insofar as they apply at that point in time;
h) the Developer/Owner has paid or otherwise satisfied all development charges required by the Development Charges By-Law of the Town of Pelham, and the Development Charges By-Law of the Regional Municipality of Niagara, and the Development Charge of the Niagara District Catholic School Board; and,
i) the Developer/Owner has otherwise complied with all applicable law.
35.2 The Developer/Owner agrees to comply with the East Fonthill Secondary Plan Area Urban Design Guidelines. The building’s licensed Architect/Designer shall provide their stamp and a statement on the submitted plans that indicates the building complies with the East Fonthill Secondary Plan Area Urban Design Guidelines.
35.3 33.2 Notwithstanding anything herein contained, the Town may refuse to issue building permits if there is an existing default in any of the provisions of this Agreement.
35.4 33.3 Prior to making any connections, if required, to existing municipal services the Developer/Owner shall submit to the Town, completed Connection Permit applications and applicable fees for connection to existing sewer or water mains. No connection shall be made until the Connection Permits are approved by the Town’s Public Works Department.
35.5 33.4 The Developer acknowledges and confirms that all charges, payments, Works to be constructed or installed, studies to be carried out and all other obligations contained in this Agreement or the cost thereof (except where a charge is referred to herein as “a development charge” are characterized as:
a) services installed or provided at the expense of the Developer within the Plan of Subdivision, as a condition of approval under Section 51 of the Planning Act; or
b) services denoted on approved Plans or specifically noted in the Agreement for which the Developer is making no claim for credits under the Development Charge By-law except as otherwise provided for under other agreements between the Town and the Developer; and,
c) are not charges related to development within the meaning of the Development Charges Act, 1997 except as otherwise provided for under other agreements between the Town and the Developer.
35.6 33.5 Except as otherwise provided for under other agreements between the Town and the Developer, the Developer hereby releases and forever discharges the Town from any and all claims for credit against development charges payable hereunder or payable at the issuance of a building permit or permits for construction within the Plan of Subdivision and the Developer hereby waives all such claims for credits except for the credits that may be specified in any schedule forming part of this Agreement. Any such credits so specified herein and the calculation thereof shall be deemed to be conclusive and binding on the Developer.
35.7 33.6 The Developer/Owner may construct 20 1 model units unit once the following Primary Services are completed: roads (base coat asphalt), watermain, and sanitary sewers.
35.8 33.7 Unless otherwise determined by the Chief Building Official, no dwelling, including model units, shall be occupied:
a) until the Director of Public Works has approved the Completion Certificate for Primary Services;
b) until the Town has on file a Grading Conformance Certificate for the Lot; and,
c) until a final inspection has been completed and a Letter of Occupancy is issued by the Chief Building Official.
35.9 33.8 The Developer/Owner agrees to pay all applicable permit fees and unless otherwise satisfied pursuant to the terms of other agreements between the Town and the Developer, any development charges for the buildings or structures constructed as model units, and shall otherwise comply with Section 35 33 herein, prior to a Letter of Occupancy being issued for said units.
35.10 33.9 All new homes constructed shall be equipped with water meters at the sole expense of the Developer/Owner.
Appears in 1 contract
Samples: Subdivision Agreement
