Common use of REQUIREMENTS FOR BUILDING PERMITS Clause in Contracts

REQUIREMENTS FOR BUILDING PERMITS. The approval of the Plan by the Municipality or the acceptance by the Municipality of the Works shall not be deemed to give any assurance that building permits, when applied for, will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and builders. The Municipality shall have the right to refuse any such application until: (a) A Certificate of Preliminary Acceptance has been granted for the Stage 1 Works for that Phase of the Plan; (b) The Developer has provided sufficient documentation to the General Manager of Infrastructure and Development confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation and will be completed within six (6) weeks of the date of issuance of the building permit; (c) Approval of the Municipality has been obtained for the construction of any buildings to be erected on Lots or Blocks that may be listed in Schedule “F” hereto; (d) A certificate has been given by the Municipality’s Chief Building Official that the building location is in compliance with the zoning by-law of the Municipality; (e) The signs denoting “Unassumed Roads” have been installed at the entrances to the Subdivision; (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works Superintendent, the Municipality may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality; (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); and (l) The Developer agrees that the preceding requirements in this Section 8.10 are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permits.

Appears in 1 contract

Samples: Subdivision Agreement

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REQUIREMENTS FOR BUILDING PERMITS. The approval of the Plan by the Municipality or the acceptance by the Municipality of the Works shall not be deemed to give any assurance that building permits, when applied for, will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and builders. The Municipality shall have the right to refuse any such application until: (a) A Certificate of Preliminary Acceptance has been granted for the Stage 1 Works for that Phase of the Plan; (b) The Developer has provided sufficient documentation to the General Manager Director of Infrastructure and Development confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation and will be completed within six (6) weeks of the date of issuance of the building permit; (c) Approval of the Municipality has been obtained for the construction of any buildings to be erected on Lots or Blocks that may be listed in Schedule “F” hereto; (d) A certificate has been given by the Municipality’s Chief Building Official that the building location is in compliance with the zoning by-law of the Municipality; (e) The signs denoting “Unassumed Roads” have been installed at the entrances to the Subdivision; (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works Superintendent, the Municipality may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality; (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); and (l) The Developer agrees that the preceding requirements in this Section 8.10 are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permits. (m) Payment to the Municipality by certified cheque or bank draft in the amount of the current applicable charge under Section 4 of the London Road South Water and Sewer Cost Recovery By-law #59-2003 as amended by By-law #41-2004 for the area under development.

Appears in 1 contract

Samples: Subdivision Agreement

REQUIREMENTS FOR BUILDING PERMITS. The approval of the Plan by the Municipality or the acceptance by the Municipality of the Works shall not be deemed to give any assurance that municipal building permits, when applied for, for will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 8.9 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder Builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and buildersBuilders. The Municipality shall have the right to refuse any such application until: (a) A Certificate of Preliminary Acceptance has been granted for the Stage 1 Works servicing for that Phase phase of the PlanSubdivision; (b) The Developer has provided sufficient documentation to the General Manager of Infrastructure and Development Municipality’s Engineer confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation installation; and will be completed within six (6) weeks of the date of issuance of the building permit; (c) Approval of the Municipality has been obtained for the construction of any buildings to be erected on Lots or Blocks that may be listed in Schedule “F” hereto; (d) A certificate has been given by the Municipality’s Chief Building Official that the building location is in compliance with the zoning byBy-law of the Municipality; (e) The signs denoting “Roads Unassumed Roadsby the Municipality” have been installed at the entrances to the Subdivision; (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 2,500.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; . The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and the Municipality’s Works SuperintendentDirector of Public Works; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works SuperintendentDirector of Public Works, the Municipality may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 2,500.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality, as amended from time to time; (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); andb);and (l) The Developer agrees that the preceding requirements in this Section 8.10 8.9 are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended Act, 1992, S.O. 1992, c.23, and any amendments thereto and regulations thereunder with respect to the issuance of Building Permits.

Appears in 1 contract

Samples: Subdivision Agreement

REQUIREMENTS FOR BUILDING PERMITS. i. The approval of the Plan by the Municipality or the acceptance by the Municipality Town of the Works any services constructed pursuant to this Agreement shall not be deemed construed as consent to give any assurance that building permits, when applied for, will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any issue building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and builders. The Municipality shall have the right to refuse any such application until: (a) A Certificate of Preliminary Acceptance has been granted for the Stage 1 Works for that Phase of the Plan; (b) The Developer has provided sufficient documentation to the General Manager of Infrastructure and Development confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation and will be completed within six (6) weeks of the date of issuance of the building permit; (c) Approval of the Municipality has been obtained for the construction of any buildings within the Lands and no building permits shall be issued unless: 1. There has been compliance with all of the provisions of this Agreement to the date of such application. 2. The application complies with the terms and conditions of this Agreement and all applicable laws and includes the Site Plan attached as Schedule B. 3. The Site Plan attached as Schedule B has been certified by the owner’s Engineer or by a Registered Professional Engineer, or Ontario Land Surveyor (where a subsequent owner is the applicant) to be erected in compliance with the Site Grading Plan as described in Schedule F hereto, and has been submitted to the Town and has been approved by the Town’s Engineer. The Site Plan shall clearly define all existing and proposed lot elevations, foundation elevations, sewage disposal system, driveway, walkout and swale, grades, well location, slopes, terracing and retaining walls, and any other information relative to the grading of the Lands. 4. The Letter of Credit as outlined in Section 6.a. includes an amount for grading and drainage. These securities will be retained until the Town has issued a Certificate of Compliance and Occupancy, the Town is satisfied that all grading and drainage has been completed in accordance with the approved Site Plan and the Town has inspected the water service and shut-off and has confirmed that it is operational, is set to final grade and is satisfied with the water meter and meter reading device installation. This will require the submission of an as constructed Site Plan prepared by the OWNER’S Engineer or other authorized representative of the Owner who prepared the Site Plan and confirmation from the Town’s Engineer that the grading of the Lands has been completed in accordance with the Site Plan and the Grading Control Plan. It may also require confirmation from the current registered owner of the Lands that there are no drainage or grading problems on Lots or Blocks the Lands. a. Where the grading is not completed in accordance with the Site Plan within 30 days of written demand from the Town to the Owner, the Town may, in its absolute discretion complete the lot grading and pay any expense incurred as a result of the default by deducting any such amount from the security. Any amount that remains owing shall form a lien on the lands and may be listed in Schedule “F” hereto;collected by action or as municipal taxes pursuant to Section 353 of the Municipal Act, 2001, supra, 1990, Chap. M.45, as amended. (d) A certificate 5. The applicant has been given complied with the Town’s requirements regarding the installation of a driveway culvert and an entrance as follows. The applicant for a building permit shall complete an application for an entrance and culvert permit and pay to the Town the Town’s current entrance fee. The Town will provide the applicant with a list of approved contractors whom the applicant may use to install the entrance culvert. The applicant shall provide the Town with the name of the contractor selected to complete the works and the date the entrance is to be constructed. The applicant shall not proceed with the entrance culvert installation or use a contractor without the prior approval of the Town Public Works Superintendent. The size and location of the entrance culvert must be approved by the Municipality’s Town prior to the issuance of any building permits. On completion of the installation, the Town shall inspect the entrance and notify the applicant of any deficiencies that require correction. If there are no deficiencies, the Town will approve the installation. 6. The Owner further agrees that the construction of the building will not proceed past the foundation stage until it has delivered to the Chief Building Official “as constructed drawings” prepared by a Registered Professional Engineer and or Ontario Land Surveyor showing the foundation wall elevation and the location of the foundation, and the Town’s Engineer has confirmed that the building foundation wall elevation complies with the levels shown on the approved plot plan and that the Chief Building Official has confirmed that the location is in compliance of the foundation complies with the zoning by-law of law. 7. All utilities for the Municipality; (e) The signs denoting “Unassumed Roads” Lands have been installed at the entrances to the Subdivision; (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted approved by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works Superintendent, the Municipality may, at its option, undertake the repair supplier of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality; (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); and (l) The Developer agrees that the preceding requirements in this Section 8.10 are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permitsutility.

Appears in 1 contract

Samples: Site Plan Control Agreement

REQUIREMENTS FOR BUILDING PERMITS. i. The approval of the Plan by the Municipality or the acceptance by the Municipality Town of the Works any services constructed pursuant to this Agreement shall not be deemed construed as consent to give any assurance that building permits, when applied for, will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any issue building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and builders. The Municipality shall have the right to refuse any such application until: (a) A Certificate of Preliminary Acceptance has been granted for the Stage 1 Works for that Phase of the Plan; (b) The Developer has provided sufficient documentation to the General Manager of Infrastructure and Development confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation and will be completed within six (6) weeks of the date of issuance of the building permit; (c) Approval of the Municipality has been obtained for the construction of any buildings within the Lands and no building permits shall be issued unless: 1. There has been compliance with all of the provisions of this Agreement to the date of such application. 2. The application complies with the terms and conditions of this Agreement and all applicable laws and includes the Site Plan attached as Schedule B. 3. The Site Plan attached as Schedule B has been certified by the owner’s Engineer or by a Registered Professional Engineer, or Ontario Land Surveyor (where a subsequent owner is the applicant) to be erected in compliance with the Site Grading Plan as described in Schedule F hereto, and has been submitted to the Town and has been approved by the Town’s Engineer. The Site Plan shall clearly define all existing and proposed lot elevations, foundation elevations, sewage disposal system, driveway, walkout and swale, grades, well location, slopes, terracing and retaining walls, and any other information relative to the grading of the Lands. 4. The Letter of Credit as outlined in Section 6.a. includes an amount for grading and drainage. These securities will be retained until the Town has issued a Certificate of Compliance and Occupancy, the Town is satisfied that all grading and drainage has been completed in accordance with the approved Site Plan and the Town has inspected the water service and shut-off and has confirmed that it is operational, is set to final grade and is satisfied with the water meter and meter reading device installation. This will require the submission of an as constructed Site Plan prepared by the OWNER’S Engineer or other authorized representative of the Owner who prepared the Site Plan and confirmation from the Town’s Engineer that the grading of the Lands has been completed in accordance with the Site Plan and the Grading Control Plan. It may also require confirmation from the current registered owner of the Lands that there are no drainage or grading problems on Lots or Blocks the Lands. a. Where the grading is not completed in accordance with the Site Plan within 30 days of written demand from the Town to the Owner, the Town may, in its absolute discretion complete the lot grading and pay any expense incurred as a result of the default by deducting any such amount from the security. Any amount that remains owing shall form a lien on the lands and may be listed in Schedule “F” hereto;collected by action or as municipal taxes pursuant to Section 353 of the Xxxxxxxxx Xxx, 0000, supra, 1990, Chap. M.45, as amended. (d) A certificate 5. The applicant has been given complied with the Town’s requirements regarding the installation of a driveway culvert and an entrance as follows. The applicant for a building permit shall complete an application for an entrance and culvert permit and pay to the Town the Town’s current entrance fee. The Town will provide the applicant with a list of approved contractors whom the applicant may use to install the entrance culvert. The applicant shall provide the Town with the name of the contractor selected to complete the works and the date the entrance is to be constructed. The applicant shall not proceed with the entrance culvert installation or use a contractor without the prior approval of the Town Public Works Superintendent. The size and location of the entrance culvert must be approved by the Municipality’s Town prior to the issuance of any building permits. On completion of the installation, the Town shall inspect the entrance and notify the applicant of any deficiencies that require correction. If there are no deficiencies, the Town will approve the installation. 6. The Owner further agrees that the construction of the building will not proceed past the foundation stage until it has delivered to the Chief Building Official “as constructed drawings” prepared by a Registered Professional Engineer and or Ontario Land Surveyor showing the foundation wall elevation and the location of the foundation, and the Town’s Engineer has confirmed that the building foundation wall elevation complies with the levels shown on the approved plot plan and that the Chief Building Official has confirmed that the location is in compliance of the foundation complies with the zoning by-law of law. 7. All utilities for the Municipality; (e) The signs denoting “Unassumed Roads” Lands have been installed at the entrances to the Subdivision; (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted approved by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works Superintendent, the Municipality may, at its option, undertake the repair supplier of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality; (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); and (l) The Developer agrees that the preceding requirements in this Section 8.10 are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permitsutility.

Appears in 1 contract

Samples: Site Plan Control Agreement

REQUIREMENTS FOR BUILDING PERMITS. The approval of the Plan by the Municipality or the acceptance by the Municipality of the Works shall not be deemed to give any assurance that Municipal building permits, when applied for, for will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title titled from it or under its authority, shall not apply for any building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 8.9 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder Builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and buildersBuilders. The Municipality shall have the right to refuse any such application until: (a) A Certificate of Preliminary Acceptance has been granted for the Stage 1 Works servicing for that Phase phase of the Plan;Subdivision. (b) The Developer has provided written confirmation that lands/blocks/easement listed in Schedule “H” have been conveyed to the Municipality. (c) The Developer has provided sufficient documentation to the General Manager of Infrastructure and Development Municipality’s Engineer confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation installation; and will be completed within six (6) weeks of the date of issuance of the building permit;. (cd) Approval of the Municipality has been obtained for the construction of any buildings to be erected on Lots or Blocks that may be listed in Schedule “F” hereto;. (de) A certificate has been given by the Municipality’s Chief Building Official that the building location is in compliance with the zoning by-law of the Municipality;. (ef) The signs denoting “Unassumed Roads” have been installed at the entrances to the Subdivision;. (fg) All dead trees within the limit of the Plan have been removed;. (gh) All street identification signs required by this Agreement have been installed and are in place;. (hi) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; . The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent;Director of Public Works. (ij) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works SuperintendentDirector of Public Works, the Municipality may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes;. (jk) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality;. (kl) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); and. (lm) The Developer agrees that the preceding requirements in this Section 8.10 8.9 are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permits.

Appears in 1 contract

Samples: Subdivision Agreement

REQUIREMENTS FOR BUILDING PERMITS. The approval of the Plan by the Municipality Town or the acceptance by the Municipality Town of the Works shall not be deemed to give any assurance that Municipal building permits, when applied for, for will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title titled from it or under its authority, shall not apply for any building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the MunicipalityTown. It is agreed that a copy of this Section 8.10 8.9 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder Builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and buildersBuilders. The Municipality Town shall have the right to refuse any such application until: (a) A Certificate of Preliminary Acceptance has been granted for the Stage 1 Works servicing for that Phase phase of the Plan;Subdivision. (b) The Developer has provided sufficient documentation to the General Manager of Infrastructure and Development Town’s Engineer confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation installation; and will be completed within six (6) weeks of the date of issuance of the building permit;. (c) Approval of the Municipality Town has been obtained for the construction of any buildings to be erected on Lots or Blocks that may be listed in Schedule “F” hereto;. (d) A certificate has been given by the MunicipalityTown’s Chief Building Official that the building location is in compliance with the zoning by-law of the Municipality;Town. (e) The signs denoting “Unassumed Roads” have been installed at the entrances to the Subdivision; (f) All dead trees within the limit of the Plan have been removed;. (g) All street identification signs required by this Agreement have been installed and are in place; (hf) Payment to the Municipality Town by cash or letter of credit in the amount of $2,000.00 2,500.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-non- refundable; . The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted by the MunicipalityTown’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the MunicipalityTown’s Chief Building Official and MunicipalityTown’s Works Superintendent;Director of Operations. (ig) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the MunicipalityTown’s Chief Building Official or the MunicipalityTown’s Works SuperintendentDirector of Operations, the Municipality Town may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 2,500.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes;. (jh) Payment to the Municipality Town by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality;Town. (ki) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality Town pursuant to Section 6.4 (b); and (l) . The Developer agrees that the preceding requirements in this Section 8.10 8.9 are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permits.

Appears in 1 contract

Samples: Subdivision Agreement

REQUIREMENTS FOR BUILDING PERMITS. i. The approval of the Plan by the Municipality or the acceptance by the Municipality Town of the Works any services constructed pursuant to this Agreement shall not be deemed construed as consent to give any assurance that building permits, when applied for, will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any issue building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and builders. The Municipality shall have the right to refuse any such application until: (a) A Certificate of Preliminary Acceptance has been granted for the Stage 1 Works for that Phase of the Plan; (b) The Developer has provided sufficient documentation to the General Manager of Infrastructure and Development confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation and will be completed within six (6) weeks of the date of issuance of the building permit; (c) Approval of the Municipality has been obtained for the construction of any buildings within the Lands and no building permits shall be issued unless: 1. There has been compliance with all of the provisions of this Agreement to the date of such application. 2. The application complies with the terms and conditions of this Agreement and all applicable laws and includes the Site Plan attached as Schedule B. 3. The Site Plan attached as Schedule B has been certified by the owner’s Engineer or by a Registered Professional Engineer, or Ontario Land Surveyor (where a subsequent owner is the applicant) to be erected in compliance with the Site Grading Plan as described in Schedule F hereto, and has been submitted to the Town and has been approved by the Town’s Engineer. The Site Plan shall clearly define all existing and proposed lot elevations, foundation elevations, sewage disposal system, driveway, walkout and swale, grades, well location, slopes, terracing and retaining walls, and any other information relative to the grading of the Lands. 4. The Letter of Credit as outlined in Section 6.a. includes an amount for grading and drainage. These securities will be retained until the Town has issued a Certificate of Compliance and Occupancy, the Town is satisfied that all grading and drainage has been completed in accordance with the approved Site Plan and the Town has inspected the water service and shut-off and has confirmed that it is operational, is set to final grade and is satisfied with the water meter and meter reading device installation. This will require the submission of an as constructed Site Plan prepared by the OWNER’S Engineer or other authorized representative of the Owner who prepared the Site Plan and confirmation from the Town’s Engineer that the grading of the Lands has been completed in accordance with the Site Plan and the Grading Control Plan. It may also require confirmation from the current registered owner of the Lands that there are no drainage or grading problems on Lots or Blocks the Lands. a. Where the grading is not completed in accordance with the Site Plan within 30 days of written demand from the Town to the Owner, the Town may, in its absolute discretion complete the lot grading and pay any expense incurred as a result of the default by deducting any such amount from the security. Any amount that remains owing shall form a lien on the lands and may be listed in Schedule “F” hereto;collected by action or as municipal taxes pursuant to Section 353 of the Municipal Act, 2001, supra, 1990, Chap. M.45, as amended. (d) A certificate 5. The Owner further agrees that the construction of the building will not proceed past the foundation stage until it has been given by delivered to the Municipality’s Chief Building Official “as constructed drawings” prepared by a Registered Professional Engineer and or Ontario Land Surveyor showing the foundation wall elevation and the location of the foundation, and the Town’s Engineer has confirmed that the building foundation wall elevation complies with the levels shown on the approved plot plan and that the Chief Building Official has confirmed that the location is in compliance of the foundation complies with the zoning by-law of law. 6. All utilities for the Municipality; (e) The signs denoting “Unassumed Roads” Lands have been installed at the entrances to the Subdivision; (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted approved by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works Superintendent, the Municipality may, at its option, undertake the repair supplier of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality; (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); and (l) The Developer agrees that the preceding requirements in this Section 8.10 are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permitsutility.

Appears in 1 contract

Samples: Site Plan Control Agreement

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REQUIREMENTS FOR BUILDING PERMITS. The approval of the Plan by the Municipality Town or the acceptance by the Municipality Town of the Works shall not be deemed to give any assurance that municipal building permits, when applied for, will be issued in respect of the Lots lots or Blocks blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any no building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 shall will be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and builders. The Municipality shall have the right to refuse any such application given until: (a) A Plans submitted confirm the proposed development is in conformity with the building envelope and master grading and drainage plan established for the respective lot. b) All Conservation Authority, Ministry of Environment and other applicable approvals have been obtained and submitted to the Town. c) All internal sanitary sewer mains and water lines, if applicable, have been tested and a Certificate of Preliminary Substantial Completion and Acceptance has been granted issued by the Town's Engineer for these works. d) The storm sewer system, if applicable, has been tested and a Certificate of Substantial Completion and Acceptance has been issued by the Town's Engineer for these works. e) All fees required for the Stage 1 Works for that Phase connection to the municipal systems has been paid to the Town. f) A road consisting of grading, curb, gutter, sidewalk and full depth of Granular "A" sub base, and first lift of asphalt has been constructed, except however permits may be issued at the sole discretion of the Plan; (b) The Town before curb, gutter, sidewalk and first lift of asphalt has been constructed where the Developer has provided sufficient documentation provides a schedule acceptable to the General Manager of Infrastructure and Development confirming that electrical distribution and street lighting and Town as to when the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation and said work will be completed within six (6) weeks finished and confirms in writing with the Town a plan for winter maintenance of the date of issuance of the building permit;said gravel road.. (cg) Approval of the Municipality Town has been obtained for the construction of any buildings to be erected on Lots lots or Blocks that may be blocks listed in Schedule "F" hereto;. (dh) A certificate has been given by the Municipality’s Chief Building Official Developer's Consulting Engineer that the building location to be erected on any lot or block within the Plan is in compliance conformity with the zoning by-law overall grading plan or has received the approval of the Municipality; (e) The signs denoting “Unassumed Roads” have been installed at the entrances Town with respect to any variance to the Subdivision;grading plan. (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works Superintendent, the Municipality may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality; (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); and (l) The Developer agrees that has provided sufficient documentation confirming the preceding requirements in this Section 8.10 are in addition to electrical distribution system, street lighting, telephone, cable tv., gas and not in substitution similar private utilities will be installed within six weeks of the requirements date of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permitsa building permit.

Appears in 1 contract

Samples: Subdivision Agreement

REQUIREMENTS FOR BUILDING PERMITS. The approval of the Plan by the Municipality Town or the acceptance by the Municipality Town of the Works shall not be deemed to give any assurance that municipal building permits, when applied for, will be issued in respect of the Lots lots or Blocks blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any no building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 shall will be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and builders. The Municipality shall have the right to refuse any such application given until: (a) A Plans submitted confirm the proposed development is in conformity with the building envelope and master grading and drainage plan established for the respective lot. b) All Conservation Authority, Ministry of Environment and other applicable approvals have been obtained and submitted to the Town. c) All internal sanitary sewer mains and water lines, if applicable, have been tested and a Certificate of Preliminary Substantial Completion and Acceptance has been granted issued by the Town's Engineer for these works. d) The storm sewer system, if applicable, has been tested and a Certificate of Substantial Completion and Acceptance has been issued by the Town's Engineer for these works. e) All fees required for the Stage 1 Works for that Phase connection to the municipal systems has been paid to the Town. f) A road consisting of grading, curb, gutter, sidewalk and full depth of Granular "A" sub base, and first lift of asphalt has been constructed, except however permits may be issued at the sole discretion of the Plan; (b) The Town before curb, gutter, sidewalk and first lift of asphalt has been constructed where the Developer has provided sufficient documentation provides a schedule acceptable to the General Manager of Infrastructure and Development confirming that electrical distribution and street lighting and Town as to when the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation and said work will be completed within six (6) weeks finished and confirms in writing with the Town a plan for winter maintenance of the date of issuance of the building permit;said gravel road.. (cg) Approval of the Municipality Town has been obtained for the construction of any buildings to be erected on Lots lots or Blocks that may be blocks listed in Schedule "F” hereto;" hereto if applicable. (dh) A certificate has been given by the Municipality’s Chief Building Official Developer's Consulting Engineer that the building location to be erected on any lot or block within the Plan is in compliance conformity with the zoning by-law overall grading plan or has received the approval of the Municipality; (e) The signs denoting “Unassumed Roads” have been installed at the entrances Town with respect to any variance to the Subdivision;grading plan. (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works Superintendent, the Municipality may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality; (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); and (l) The Developer agrees that has provided sufficient documentation confirming the preceding requirements in this Section 8.10 are in addition to electrical distribution system, street lighting, telephone, cable tv., gas and not in substitution similar private utilities will be installed within six weeks of the requirements date of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permitsa building permit.

Appears in 1 contract

Samples: Subdivision Agreement

REQUIREMENTS FOR BUILDING PERMITS. i. The approval of the Plan by the Municipality or the acceptance by the Municipality Town of the Works any services constructed pursuant to this Agreement shall not be deemed construed as consent to give any assurance that building permits, when applied for, will be issued in respect of the Lots or Blocks shown on the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any issue building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 shall be delivered by the Developer to each and every Purchaser of Land within the Plan and to each and every builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and builders. The Municipality shall have the right to refuse any such application until: (a) A Certificate of Preliminary Acceptance has been granted for the Stage 1 Works for that Phase of the Plan; (b) The Developer has provided sufficient documentation to the General Manager of Infrastructure and Development confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication and gas are being scheduled for installation and will be completed within six (6) weeks of the date of issuance of the building permit; (c) Approval of the Municipality has been obtained for the construction of any buildings within the Lands and no building permits shall be issued unless: 1. There has been compliance with all of the provisions of this Agreement to the date of such application. 2. The application complies with the terms and conditions of this Agreement and all applicable laws and includes the Site Plan attached as Schedule B. 3. The Site Plan attached as Schedule B has been certified by the Owner’s Engineer or by a Registered Professional Engineer, or Ontario Land Surveyor (where a subsequent owner is the applicant) to be erected in compliance with the Site Grading Plan as described in Schedule F hereto, and has been submitted to the Town and has been approved by the Town’s Engineer. The Site Plan shall clearly define all existing and proposed lot elevations, foundation elevations, sewage disposal system, driveway, walkout and swale, grades, well location, slopes, terracing and retaining walls, and any other information relative to the grading of the Lands. 4. The Letter of Credit as outlined in Section 6.a. includes an amount for grading and drainage. These securities will be retained until the Town has issued a Certificate of Compliance and Occupancy, the Town is satisfied that all grading and drainage has been completed in accordance with the approved Site Plan and the Town has inspected the water service and shut-off and has confirmed that it is operational, is set to final grade and is satisfied with the water meter and meter reading device installation. This will require the submission of an as constructed Site Plan prepared by the Owner’s Engineer or other authorized representative of the Owner who prepared the Site Plan and confirmation from the Town’s Engineer that the grading of the Lands has been completed in accordance with the Site Plan and the Grading Control Plan. It may also require confirmation from the current registered owner of the Lands that there are no drainage or grading problems on Lots or Blocks the Lands. a. Where the grading is not completed in accordance with the Site Plan within 30 days of written demand from the Town to the Owner, the Town may, in its absolute discretion complete the lot grading and pay any expense incurred as a result of the default by deducting any such amount from the security. Any amount that remains owing shall form a lien on the lands and may be listed in Schedule “F” hereto;collected by action or as municipal taxes pursuant to Section 353 of the Xxxxxxxxx Xxx, 0000, supra, 1990, Chap. M.45, as amended. (d) A certificate 5. The applicant has been given complied with the Town’s requirements regarding the installation of a driveway culvert and an entrance as follows. The applicant for a building permit shall complete an application for an entrance and culvert permit and pay to the Town the Town’s current entrance fee. The Town will provide the applicant with a list of approved contractors whom the applicant may use to install the entrance culvert. The applicant shall provide the Town with the name of the contractor selected to complete the works and the date the entrance is to be constructed. The applicant shall not proceed with the entrance culvert installation or use a contractor without the prior approval of the Town Public Works Superintendent. The size and location of the entrance culvert must be approved by the Municipality’s Town prior to the issuance of any building permits. On completion of the installation, the Town shall inspect the entrance and notify the applicant of any deficiencies that require correction. If there are no deficiencies, the Town will approve the installation. 6. The Owner further agrees that the construction of the building will not proceed past the foundation stage until it has delivered to the Chief Building Official “as constructed drawings” prepared by a Registered Professional Engineer and or Ontario Land Surveyor showing the foundation wall elevation and the location of the foundation, and the Town’s Engineer has confirmed that the building foundation wall elevation complies with the levels shown on the approved plot plan and that the Chief Building Official has confirmed that the location is in compliance of the foundation complies with the zoning by-law of law. 7. All utilities for the Municipality; (e) The signs denoting “Unassumed Roads” Lands have been installed at the entrances to the Subdivision; (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted approved by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter supplier of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works Superintendent, the Municipality may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality; (k) A Certified Building Lot Site Plan has been filed with the Chief Building Official of the Municipality pursuant to Section 6.4 (b); and (l) The Developer agrees that the preceding requirements in this Section 8.10 are in addition to and not in substitution of the requirements of the Ontario Building Code Act as amended and regulations thereunder with respect to the issuance of Building Permits.such

Appears in 1 contract

Samples: Site Plan Control Agreement

REQUIREMENTS FOR BUILDING PERMITS. (a) The approval of the Plan by the Municipality Town or the acceptance by the Municipality Town of the Works shall not be deemed to give any assurance that municipal building permits, when applied for, will be issued in respect of the Lots lots or Blocks shown on building blocks in the Plan. Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming title from it or under its authority, shall not apply for any . (b) No building permits for Lots or Blocks within the Plan until all requirements hereinafter set out have been carried out to the satisfaction of the Municipality. It is agreed that a copy of this Section 8.10 shall permit will be delivered issued by the Developer to each and every Purchaser of Land within the Plan and to each and every builder obtaining a Building Permit for any Lot or Block or part of a Lot or Block within the Plan and the Developer shall extract a covenant similar to this covenant from all such Purchasers and builders. The Municipality shall have the right to refuse any such application Town until: (ai) A All approvals required by this Agreement have been obtained and submitted to the Town. (ii) The underground services (water, sanitary and storm sewers) have been installed, and the water distribution system, sanitary sewer and the storm sewer systems have been tested and a Certificate of Preliminary Substantial Completion and Acceptance has been granted for issued by the Stage 1 Works for that Phase Town of the Plan;these works. All hydrants shall be charged. (biii) The Developer has provided sufficient documentation to the General Manager of Infrastructure and Development Municipality confirming that electrical distribution and street lighting and the remaining underground municipal services, telephone, cable t.v., internet, telecommunication Cable T.V. and gas are being scheduled for installation installation; and will be completed within six (6) weeks of the date of issuance of the building permit;, (civ) The roads consisting of the grading and full depth of Granular “B” sub-base, Granular “A”, first lift of asphalt and curb and gutter have been constructed. (v) Approval of the Municipality Town has been obtained for the construction of any buildings to be erected on Lots lots or Blocks that may be blocks listed in Schedule “FL” hereto;. (dvi) A certificate has been given by the Municipality’s Chief Building Official that the building location is in compliance with the zoning by-law of the Municipality; (e) The signs denoting “Unassumed Roads” have been installed at the entrances to the Subdivision; (f) All dead trees within the limit of the Plan have been removed; (g) All street identification signs required by this Agreement have been installed and are in place; (h) Payment to the Municipality by cash or letter of credit in the amount of $2,000.00 as a Works Damage/Lot Grading Compliance Deposit (herein “Damage/Lot Grading Deposit”) per Lot or Block in the Plan of which the sum of $100.00 is non-refundable; The balance of the Damage/Lot Grading Deposit shall be refundable in whole or in part after the building has been constructed and occupied, an Owner’s Final Grading Certificate has been filed with and accepted by the Municipality’s Chief Building Official and the required service connections have been made and all damages to the Works which form the subject matter of this Agreement resulting from house building and/or landscaping activities on the subject Lot or Block have been repaired to the satisfaction of the Municipality’s Chief Building Official and Municipality’s Works Superintendent; (i) With respect to repair of damage to the Works, in the event that the Owner fails to repair the damage to the Works when so instructed by the Municipality’s Chief Building Official or the Municipality’s Works Superintendent, the Municipality may, at its option, undertake the repair of such damage and all costs over and above the $2,000.00 deposit shall be charged back to the Owner and shall include a management fee of 15% of the cost of labour and material, shall be a charge against the Lot or Block for which repairs were carried out and shall be payable forthwith. If such payment is not made within thirty (30) days, the said costs shall be added to the tax roll and collected in like manner as municipal taxes; (j) Payment to the Municipality by cash in the amount of the current applicable Development Charge(s) per Lot or Block in the Plan under the Development Charges By-law of the Municipality; (k) A Certified Building Lot Site Plan has been filed prepared by a qualified Engineer or Ontario Land Surveyor that the building to be constructed and the final grading of the lot is in conformity with the Chief Building Official overall Lot Grading and Tree Retention Plan or such variance therefrom has been approved by the Town’s Director of Public Works. (vii) Street lights as shown on the engineering drawings shall be installed and operational and activated within six (6) of the Municipality pursuant to Section 6.4 (b); anddate of issuance of a building permit, (lviii) Street name signs and regulatory traffic control signs have been erected by the Developer. (ix) The Developer agrees that has delivered to the preceding requirements in this Section 8.10 are in addition to and not in substitution Town satisfactory evidence of registration of the requirements restrictive covenants by Section 37(a) of the Ontario Building Code Act as amended and regulations thereunder with respect this agreement. (x) The Developer has delivered to the issuance Town satisfactory Lot Service Sheets with ties and elevations of Building Permitsservices installed to the property line.

Appears in 1 contract

Samples: Subdivision Agreement

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