Common use of DEVELOPMENT PERMIT Clause in Contracts

DEVELOPMENT PERMIT. 3.1 This development agreement shall be administered by the Development Officer as appointed by the Council of the Municipality of East Hants. 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 1.0 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: (a) 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 4.1 Upon breach of this agreement, the Municipality may proceed in accordance with Section 264 of the Municipal Government Act. 4.2 Subject to the provisions of this agreement, the Developer shall be bound, unless specifically stated otherwise in this agreement, by all By-laws 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 land and be binding upon the Developer, its lessees, and the occupiers of the land. 4.4 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. 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 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 Municipal Planning Strategy and Land Use By-law. 5.1 The parties shall enter into this agreement within one (1) year of Council’s approval to enter into this agreement. 5.2 Pursuant to the terms and conditions of this agreement, the Developer shall apply for a development permit within one (1) year of the parties entering into this development agreement, or the agreement may be terminated and the existing zone and all provisions of the Land Use By-law shall apply. 5.3 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, otherwise the development agreement may be terminated and the existing zone and all provisions of the Land Use By-law shall apply.

DEVELOPMENT PERMIT. 3.1 4.1 This development agreement shall be administered by the Development Officer as appointed by the Council of the Municipality of East Hants. 3.2 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 1.0 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: (a) a. 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. 4.1 5.1 The developer agrees that the Lands shall be developed and used only in accordance with and subject to the terms and conditions of this Agreement 5.2 Except otherwise stated by this Agreement, the development of the Property shall comply with the Municipality of East Hants Land Use By-law. 5.3 Upon breach of this agreement, the Municipality may proceed in accordance with Section 264 of the Municipal Government Act. 4.2 5.4 Subject to the provisions of this agreement, the Developer shall be bound, unless specifically stated otherwise in this agreement, by all By-laws 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 5.5 This agreement shall run with the land and be binding upon the Developer, its lessees, and the occupiers of the land. 4.4 5.6 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. 4.5 5.7 The costs of recording and filing all documents in connection with the agreement shall be paid by the Developer. 4.6 5.8 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 5.9 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 5.10 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) a. retain the Agreement in its present form; or (b) 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 Municipal Planning Strategy and Land Use By-law. 5.1 The parties shall enter into this agreement within one (1) year of Council’s approval to enter into this agreement. 5.2 Pursuant to the terms and conditions of this agreement, the Developer shall apply for a development permit within one (1) year of the parties entering into this development agreement, or the agreement may be terminated and the existing zone and all provisions of the Land Use By-law shall apply. 5.3 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, otherwise the development agreement may be terminated and the existing zone and all provisions of the Land Use By-law shall apply.