Development Permit. (a) This development agreement shall be administered by the Development Officer as appointed by the Council of the Municipality of East Hants. (b) The development described in this agreement shall not be commenced until the Development Officer has issued a development permit. A development permit for the land use described in Section 1 of this agreement shall not be issued until the Development Officer is satisfied that the detailed plans are in conformance with the site plan attached as Schedule “B” and the requirements for the components in Schedule “B”. In addition, the Development Officer shall not issue a development permit until: i. The Developer has submitted site plans in conformance with the terms and conditions of this development agreement (Schedule “B”); and ii. Payment for all required permit fees, registration of the document at the Registry of Deeds, and costs associated with advertising and processing the application have been received by the Municipality’s Planning and Development Department; and iii. The Nova Scotia Department of Public Works (NSPW) has granted positive recommendation on all transportation issues within their responsibility and has given their approval if any is required; and iv. Nova Scotia Department of the Environment and Climate Change has granted positive recommendation on all environmental issues within their responsibility and has given their approval if any is required; and v. Servicing details has been submitted and the Municipality’s Department of Infrastructure and Operations and approval has been granted for the Developer to connect into Municipal sewer and water services and the Developer has otherwise satisfied that Department’s requirements. vi. The Municipality’s Department of Infrastructure and Operations has confirmed that sufficient water and wastewater capacity exists to service the development. vii. A stormwater management plan prepared by a professional engineer has been submitted in accordance with the ‘Municipal Standards’. The management of the stormwater shall be carried out in accordance with the submitted stormwater management plan. viii. A lot grading plan pursuant to the Municipality’s Lot Grading By-law has been submitted.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Development Permit. (a) This development agreement shall be administered by the Development Officer as appointed by the Council of the Municipality of East Hants.
(b) The development described in this agreement shall not be commenced until the Development Officer has issued a development permit. A development permit for the land use described in Section 1 of this agreement shall not be issued until the Development Officer is satisfied that the detailed plans are in conformance with the site plan attached as Schedule “B” and the requirements for the components in Schedule “B”. In addition, the Development Officer shall not issue a development permit until:
i. The Developer has submitted site plans in conformance with the terms and conditions of this development agreement (Schedule “B”); and
ii. Payment for all required permit fees, registration of the document at the Registry of Deeds, and costs associated with advertising and processing the application have been received by the Municipality’s Planning and Development Department; and
iii. The Nova Scotia Department of Public Works (NSPW) has granted positive recommendation on all transportation issues within their responsibility and has given their approval if any is required; and
iv. Nova Scotia Department of the Environment and Climate Change has granted positive recommendation on all environmental issues within their responsibility and has given their approval if any is required; and
v. Servicing details has been submitted and the Municipality’s Department of Infrastructure and Operations and approval has been granted for the Developer to connect into Municipal sewer and water services and the Developer has otherwise satisfied that Department’s requirements.; and
vi. v. The Municipality’s Department of Infrastructure and Operations has confirmed that sufficient water and wastewater capacity exists to service the development.; and
viivi. A stormwater management plan prepared by a professional engineer has been submitted in accordance with the ‘Municipal Standards’. The management of the stormwater shall be carried out in accordance with the submitted stormwater management plan.; and
viiivii. A lot grading plan pursuant to the Municipality’s Lot Grading By-law has been submitted.
Appears in 1 contract
Samples: Development Agreement
Development Permit. (a) 4.1 This development agreement shall be administered by the Development Officer as appointed by the Council of the Municipality of East Hants.
4.2 The Development Officer may issue a permit for a flag lot (b) as defined in the Subdivision Bylaw), identified on the site plan attached to this agreement as Schedule “B”,,that was not existing prior to the adoption of the 2016 Land Use Bylaw.
4.3 The development described in this agreement shall not be commenced until the Development Officer has issued a development permit. A development permit for the land use described in Section 1 of this agreement shall not be issued until the Development Officer is satisfied that the detailed plans are generally in conformance with the site plan attached as Schedule “B” and the requirements for the components in Schedule “B”. In addition, the Development Officer shall not issue a development permit until:
i. The Developer has submitted site plans in conformance a. An approved Work Within Highway Right-of-Way Permit shall be required from Nova Scotia Transportation and Infrastructure Renewal and the location of the current driveway shall be altered, if required, to comply with the terms requirements of Nova Scotia Transportation and conditions of this development agreement (Schedule “B”)Infrastructure Renewal. In addition, Nova Scotia Transportation and Infrastructure Renewal has granted positive recommendation on all transportation issues within their responsibility and has given their approval if any is required; and
ii. b. Nova Scotia Environment has granted positive recommendation on all environmental issues within their responsibility and has given their approval if any is required; and
c. The Municipality has reviewed the detailed design of the water, sanitary and storm water drainage.
d. A Stormwater Management Plan has been submitted which demonstrates a balanced pre and post development storm flow, and no negative impact to existing inflow and outflow of the cross culvert connecting to the brook.
e. A Required Fire Flow Calculation has been submitted in accordance with ‘Water Supply for Public Fire Protection’ (Fire Underwriters Survey 1999).
f. Payment for all required permit fees, registration of the document at the Registry of Deeds, and costs associated with advertising and processing the application have been received by the Municipality’s Planning and Development Department; and.
iii. The Nova Scotia Department of Public Works (NSPW) has granted positive recommendation on all transportation issues within their responsibility and has given their approval if any is required; and
iv. Nova Scotia Department of the Environment and Climate Change has granted positive recommendation on all environmental issues within their responsibility and has given their approval if any is required; and
v. Servicing details g. A site plan has been submitted to and approved by the Municipality’s Department Development Officer identifying the location of Infrastructure and Operations and approval all the parking, including guest parking, required by this Development Agreement.
h. A development permit shall not be issued for the six storey residential building until a plan has been granted submitted, prepared by a qualified person, detailing measures to control erosion and sedimentation caused by the construction of the building. The plan shall include details of the erosion and sedimentation control measures, plus the vegetation within the 30 metre buffer which is required to be removed for the Developer to connect into Municipal sewer and water services and construction. The plan shall also include details of the Developer has otherwise satisfied that Department’s requirementsvegetation which will replace the removed vegetation.
vi. i. A Lot Grading Plan, prepared in accordance with Municipal standards by qualified individuals shall be submitted.
j. The Municipality’s Department of Infrastructure and Operations Municipality has confirmed that there is sufficient water and wastewater capacity exists to service the developmentdevelopment with municipal water.
vii. k. A stormwater management plan prepared by Development Permit shall not be issued until a professional engineer has been submitted sidewalk from the Superstore to the subject property is an approved project of Council under the Local Improvement Bylaw, with the owner of the subject property, at minimum, paying the cost of the sidewalk fronting onto their property.
5.1 Upon breach of this agreement, the Municipality may proceed in accordance with the ‘Municipal Standards’. The management Section 264 of the stormwater Municipal Government Act.
5.2 Subject to the provisions of this agreement, the Developer shall be carried out bound, unless specifically stated otherwise in accordance this agreement, by all Bylaws and regulations of the Municipality as well as to any applicable statutes, policies, and regulations of the Province of Nova Scotia or the Government of Canada.
5.3 This agreement shall run with the submitted stormwater management planland and be binding upon the Developer, its lessees, and the occupiers of the land.
viii. A lot grading plan 5.4 This agreement shall be filed by the Municipality in the Registry of Deeds at Lawrencetown, Nova Scotia, and shall form a charge or encumbrance upon the property as described in Schedule “A” attached hereto.
5.5 The costs of recording and filing all documents in connection with the agreement shall be paid by the Developer.
5.6 The provisions of this agreement are severable from one another and the invalidity or unenforceability of one provision shall not prejudice the validity or enforcement of any other provisions.
5.7 The Developer shall at all times indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomever made, brought or prosecuted to the extent that the foregoing are based upon, occasioned by or attributable to anything done or omitted by the Developer or his servants or his agents or his employees in the fulfillment of any of his obligations under this Agreement.
5.8 Upon completion of the Development, or after three (3) years from the date of approval of this Agreement, whichever time period is less, Council may review this agreement, in whole or in part, and may:
a. retain the Agreement in its present form; or
b. discharge the Agreement on the condition that for those portions of the development that are deemed complete by the Council, the Developer’s rights hereunder are preserved and Council shall apply appropriate zoning pursuant to the Municipality’s Lot Grading Municipal Planning Strategy and Land Use By-law law.
6.1 The parties shall enter into this agreement within one (1) year of Council’s approval to enter into this agreement.
6.2 Pursuant to the terms and conditions of this agreement, the Developer shall apply for a development permit or permits for the four storey mixed use building; six storey residential building; and single storey commercial building within four (4) years of the parties entering into this development agreement. Once a development permit has been submittedissued the development shall be made consistent with all terms and conditions of this agreement and all features of the site plan attached as Schedule “B” no later than two (2) years after each development permit has been issued, otherwise the development agreement may be terminated and the existing zone and all provisions of the Land Use Bylaw shall apply.
Appears in 1 contract
Samples: Development Agreement
Development Permit. (a) 4.1 This development agreement shall be administered by the Development Officer as appointed by the Council of the Municipality of East Hants.
(b) 4.2 The development described in this agreement shall not be commenced until the Development Officer has issued a development permit. A development permit for the land use described in Section 1 of this agreement shall not be issued until the Development Officer is satisfied that the detailed plans are generally in conformance with the site plan attached as Schedule “B” and the requirements for the components in Schedule “B”. In addition, the Development Officer shall not issue a development permit until:
i. a. Nova Scotia Public Works has granted positive recommendation on all transportation issues within their responsibility and has given their approval if any is required;
b. Nova Scotia Environment and Climate Change has granted positive recommendation on all environmental issues within their responsibility and has given their approval if any is required;
c. The Developer Municipality has reviewed the detailed design of the water, sanitary and storm water drainage.
d. A stormwater management plan has been submitted site plans in conformance with and has been accepted by the terms Municipal Engineer;
e. An agreement for intersection funding between Nova Scotia Public Works, the Municipality, and conditions of this development agreement (Schedule “B”); andthe Developers has been approved by all parties.
ii. f. Payment for all required permit fees, registration of the document at the Registry of Deeds, and costs associated with advertising and processing the application have been received by the Municipality’s Planning and Development Department; and;
iii. The Nova Scotia Department of Public Works (NSPW) has granted positive recommendation on all transportation issues within their responsibility and has given their approval if any is required; and
iv. Nova Scotia Department of the Environment and Climate Change has granted positive recommendation on all environmental issues within their responsibility and has given their approval if any is required; and
v. Servicing details has been submitted and the Municipality’s Department of Infrastructure and Operations and approval has been granted for the Developer to connect into Municipal sewer and water services and the Developer has otherwise satisfied that Department’s requirements.
vi. The Municipality’s Department of Infrastructure and Operations has confirmed that sufficient water and wastewater capacity exists to service the development.
vii. g. A stormwater management plan lot grading plan, prepared by a professional engineer has been submitted in accordance with the ‘Municipal Standards’. The management of the stormwater standards by qualified individuals shall be carried out submitted;
h. The Municipality has confirmed that there is sufficient capacity to service the development with municipal water and wastewater; and
i. All matters dealing with existing drainage easements have been resolved.
5.1 Upon breach of this agreement, the Municipality may proceed in accordance with Section 264 of the submitted stormwater management planMunicipal Government Act.
viii. A lot grading plan pursuant 5.2 Subject to the Municipality’s Lot Grading By-law has been submittedprovisions of this agreement, the Developer shall be bound, unless specifically stated otherwise in this agreement, by all Bylaws and regulations of the Municipality as well as to any applicable statutes, policies, and regulations of the Province of Nova Scotia or the Government of Canada.
5.3 This agreement shall run with the land and be binding upon the Developer, its leases, and the occupiers of the land.
5.4 This agreement shall be filed by the Municipality in the Registry of Deeds at Lawrencetown, Nova Scotia, and shall form a charge or encumbrance upon the property as described in Schedule “A” attached hereto.
5.5 The costs of recording and filing all documents in connection with the agreement shall be paid by the Developer.
5.6 The provisions of this agreement are severable from one another and the invalidity or unenforceability of one provision shall not prejudice the validity or enforcement of any other provisions.
5.7 The Developer shall at all times indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomever made, brought or prosecuted to the extent that the foregoing are based upon, occasioned by or attributable to anything done or omitted by the Developer or his servants or his agents or his employees in the fulfillment of any of his obligations under this Agreement.
Appears in 1 contract
Samples: Development Agreement
Development Permit. (a) This development agreement shall be administered by the Development Officer as appointed by the Council of the Municipality of East Hants.
(b) The development described in this agreement shall not be commenced until the Development Officer has issued a development permit. A development permit for the land use described in Section 1 of this agreement shall not be issued until the Development Officer is satisfied that the detailed plans are in conformance with the site plan attached as Schedule “B” and the requirements for the components in Schedule “B”. In addition, the Development Officer shall not issue a development permit until:
i. The Developer has submitted site plans in conformance with the terms and conditions of this development agreement (Schedule “B”); and
ii. Payment for all required permit fees, registration of the document at the Registry of Deeds, and costs associated with advertising and processing the application have been received by the Municipality’s Planning and Development Department; and
iii. The Nova Scotia Department of Public Works (NSPW) has granted positive recommendation on all transportation issues within their responsibility and has given their approval if any is required; and
iv. Nova Scotia Department of the Environment and Climate Change has granted positive recommendation on all environmental issues within their responsibility and has given their approval if any is required; and
v. Servicing details has been submitted and the Municipality’s Department of Infrastructure and Operations and approval has been granted for the Developer to connect into Municipal sewer and water services and the Developer has otherwise satisfied that Department’s requirements.
vi. The Municipality’s Department (a) Upon breach of Infrastructure and Operations has confirmed that sufficient water and wastewater capacity exists to service this agreement, the development.
vii. A stormwater management plan prepared by a professional engineer has been submitted Municipality may proceed in accordance with the ‘Municipal Standards’. The management Section 264 of the stormwater Municipal Government Act.
(b) Subject to the provisions of this agreement, the Developer shall be carried out bound, unless specifically stated otherwise in accordance this agreement, by all Bylaws and regulations of the Municipality as well as to any applicable statutes, policies, and regulations of the Province of Nova Scotia or the Government of Canada.
(c) This agreement shall run with the submitted stormwater management planland and be binding upon the Developer, its lessees, and the occupiers of the land.
viii(d) This agreement shall be filed by the Municipality in the Registry of Deeds at Windsor, Nova Scotia, and shall form a charge or encumbrance upon the property as described in Schedule “A” attached hereto.
(e) The costs of recording and filing all documents in connection with the agreement shall be paid by the Developer.
(f) The provisions of this agreement are severable from one another and the invalidity or unenforceability of one provision shall not prejudice the validity or enforcement of any other provisions.
(g) The Developer shall at all times indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomever made, brought or prosecuted to the extent that the foregoing are based upon, occasioned by or attributable to anything done or omitted by the Developer or his servants or his agents or his employees in the fulfillment of any of his obligations under this Agreement.
(h) Upon completion of the Development, or after three (3) years from the date of approval of this Agreement, whichever time period is less, Council may review this agreement, in whole or in part, and may:
i. retain the Agreement in its present form
ii. A lot grading plan discharge the Agreement on the condition that for those portions of the development that are deemed complete by the Council, the Developer’s rights hereunder are preserved and Council shall apply appropriate zoning pursuant to the MunicipalityMunicipal Planning Strategy and Land Use Bylaw.
(a) The parties shall enter into this agreement within one (1) year of Council’s Lot Grading approval to enter into this agreement.
(b) Pursuant to the terms and conditions of this agreement, the Developer shall apply for a development permit to construct the automobile dealer and automobile vehicle repair and maintenance use within two (2) years of the parties entering into this development agreement, or the agreement for the property identified as PID 45431129 may be terminated and the existing zone and all provisions of the Land Use Bylaw shall apply for this property.
(c) The development shall be made consistent with all terms and conditions of this agreement and all features of the site plan attached as Schedule “B” no later than one (1) year after the development permit has been issued for the automobile dealer and automobile vehicle repair and maintenance use otherwise the development agreement may be terminated and the existing zone and all provisions of the Land Use By-law has been submittedshall apply.
Appears in 1 contract
Samples: Development Agreement
Development Permit. (a) 3.1 This development agreement shall be administered by the Development Officer as appointed by the Council of the Municipality of East Hants.
(b) 3.2 The development described in this agreement shall not be commenced until the Development Officer has issued a development permit. A development permit for the land use described in Section 1 of this agreement shall not be issued until the Development Officer is satisfied that the detailed plans are in conformance with the site plan attached as Schedule “B” and the requirements for the components in Schedule “B”. In addition, the Development Officer shall not issue a development permit until:
i. The Developer a. Nova Scotia Transportation and Infrastructure Renewal has submitted site plans in conformance with the terms granted a positive recommendation on all traffic related issues within their responsibility and conditions of this development agreement (Schedule “B”)have given their approval for a driveway access; and
ii. b. Nova Scotia Environment has granted positive recommendation on all environmental issues within their responsibility and has given their approval if any is required; and
c. Payment for all required permit fees, registration of the document at the Registry of Deeds, and costs associated with advertising and processing the application have been received by the Municipality’s Planning and Development Department; and
iii. d. The Nova Scotia Department of Public Works (NSPW) has granted positive recommendation on all transportation issues within their responsibility and has given their approval if any is required; and
iv. Nova Scotia Department of the Environment and Climate Change has granted positive recommendation on all environmental issues within their responsibility and has given their approval if any is required; and
v. Servicing details has been submitted and the Municipality’s Department of Infrastructure and Operations and approval has been granted for the Developer to connect into Municipal sewer and water services and the Developer has otherwise satisfied that Department’s requirementssecured by registered right-of-way easement over PID 45086535 and PID 45086568, permitting access to the funeral home and all accessory uses.
vi. The Municipality’s Department 4.1 Upon breach of Infrastructure and Operations has confirmed that sufficient water and wastewater capacity exists to service this agreement, the development.
vii. A stormwater management plan prepared by a professional engineer has been submitted Municipality may proceed in accordance with the ‘Municipal Standards’. The management Section 264 of the stormwater Municipal Government Act.
4.2 Subject to the provisions of this agreement, the Developer shall be carried out bound, unless specifically stated otherwise in accordance this agreement, by all Bylaws and regulations of the Municipality as well as to any applicable statutes, policies, and regulations of the Province of Nova Scotia or the Government of Canada.
4.3 This agreement shall run with the submitted stormwater management planland and be binding upon the Developer, its lessees, and the occupiers of the land.
viii. A lot grading plan 4.4 This agreement shall be filed by the Municipality in the Registry of Deeds at Lawrencetown, Nova Scotia, and shall form a charge or encumbrance upon the property as described in Schedule “A” attached hereto.
4.5 The costs of recording and filing all documents in connection with the agreement shall be paid by the Developer.
4.6 The provisions of this agreement are severable from one another and the invalidity or unenforceability of one provision shall not prejudice the validity or enforcement of any other provisions.
4.7 The Developer shall at all times indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomever made, brought or prosecuted to the extent that the foregoing are based upon, occasioned by or attributable to anything done or omitted by the Developer or his servants or his agents or his employees in the fulfillment of any of his obligations under this Agreement.
4.8 Upon completion of the Development, or after four (4) years from the date of approval of this Agreement, whichever time period is less, Council may review this agreement, in whole or in part, and may:
a. retain the Agreement in its present form; or
b. discharge the Agreement on the condition that for those portions of the development that are deemed complete by the Council, the Developer’s rights hereunder are preserved and Council shall apply appropriate zoning pursuant to the Municipality’s Lot Grading By-law has been submittedMunicipal Planning Strategy and Land Use Bylaw.
Appears in 1 contract
Samples: Development Agreement
