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Covenants & Guidelines

 

DEVELOPMENT CONTROLS
LAND UTILIZATION
PERFORMANCE STANDARDS
ARCHITECTURE
LANDSCAPING
FENCES
TRANSPORTATION TRAILER AND STORAGE YARDS
OUTSIDE STORAGE
REFUSE STORAGE
LOADING-PARKING AND DRIVEWAYS
SIGNS
BUILDING CONSTRUCTION -TEMPORARY IMPROVEMENTS
UTILITIES
IMPORTANT NOTICES AND REBATE CHECKLIST

MONCTON INDUSTRIAL PARK WEST - DEVELOPMENT CONTROLS

1.1 Erection of Building - no building, structure or any addition thereto shall be erected on the said lands unless written approval has been received from the Grantor or the Grantor's authorized agent. Signed approval of the Site Development Plan and Building Drawings may be used for this purpose.Failure to do so may result in the forfeiture of any applicable rebates.

1.2 Site Development Plan - the grantee undertakes to develop the lot in a manner consistent with the approved Site Development Plan and to construct upon the lot, the commercial building as depicted on the approved Site Development Plan and Building Drawings.

1.3 Use of Land, Buildings or Structures - no lands, buildings or structures shall be used for any purposes other than manufacture, fabricating, processing, offices, distribution, transportation, repair, assembly, or storage of any products, except that of any ancillary services, offices and caretaker's quarters or other as set out under the specific zone criteria shall be permitted, unless written approval has been received from the Grantor or the Grantor's authorized agent.

1.4 Preparation of Designs - All plans and specifications submitted for approval must be prepared by a registered Architect or engineer, and shall bear the appropriate professional stamp.

1.5 Criteria for Approval - Approval of plans and specifications shall be based on considerations such as operations and uses, adequacy of the site plan, adequacy of structural design, harmony of external building and landscaping design with neighbouring sites, effect of location and use of building on neighbouring sites; relation of topography, grade and finished ground elevation of the site to that of neighbouring sites, and conformity of the plans and specifications generally to the advancement of a quality Industrial Park.

1.6 Application for Approval - Application to the Grantor for approval shall include, but not necessarily be limited to, the following:

  • a) Site Plan and Specifications - Including the dimensions and area of the land, the existing and proposed contours of the land, the location of buildings and structures (including distances from front, side and rear lot lines), the location of driveways, parking and loading areas, the location of a central refuse collection area, rail spur lines, utilities, landscape areas (including retention of existing trees, sodded areas, natural areas, new trees, shrubbery and gardens), fences, signs, exterior lighting, all proposed operations on or uses of the land, buildings and structures, and staging of development.
  • b) Building Drawings and Specifications - indicating floor plans, all area calculations, all elevations, description of exterior materials, finishes and colours, elevation drawings from the street view, all operations and uses and staging of development. The word building or structure shall include, but without limiting the generality of the foregoing, any water tower, smoke stack, power transformer, pump house, roof structures, air conditioning unit tank, underground facilities and services or any building or structure.
  • c) Site Development and Building Construction Permit Application and Approval Process - Once a Site Development Plan and Building Plan have been approved by the Grantor for a building site in Moncton Industrial Park West, the Purchaser is required to make application for and be granted a Building Permit prior to the commencement of construction. As part of that application process, Building Inspection also obtains the approval of the Greater Moncton Planning District Commission.

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MONCTON INDUSTRIAL PARK WEST - LAND UTILIZATION

2.1 The Grantee will not resell the unimproved lands or any part thereof to any person, firm or corporation without first offering to sell the said lands back to the Grantor at the original purchase price.

2.2 The Grantee covenants and agrees to start the erection of an industrial building on the said lands within one year of the date of closing and to complete such building within one year of the date of the start of construction. If such building is not started and completed within such times, the Grantor may at its option repurchase the said lands at the original selling price less the original 10% non-refundable deposit and without interest.

2.3 At the expiration of five (5) years from the date of transfer to the Grantee, the Grantor may require the Grantee to resell to the Grantor all or any portion of the excess lands not covered by buildings, structures, driveways, and parking and loading areas at the price at which the lands have been sold by the Grantor to the Grantee. Excess lands are deemed to be lands in excess of five times the gross area of permanent building).

2.4 Upon payment by the Grantor of the balance of the price due upon such repurchase of the lands, the Grantee will release and reconvey to the Grantor all right, title and interest of the Grantee free and clear of all liens, charges or other encumbrances.

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MONCTON INDUSTRIAL PARK WEST - PERFORMANCE STANDARDS

3.1 The lands or any part thereof, any building or structure erected or placed thereon, shall not be used for any purpose and in any manner which shall be a nuisance to the occupants or owners of any neighbouring lands or buildings by reason of emissions from the lands, building, or structures such as odours, gases, dust, smoke, noise, fumes, cinders, soot, waste, radiation or vibration, or be contrary to city, regional, provincial or federal legislation controlling pollution.

3.2 Developers are encouraged to build projects utilizing modern environmental practices and techniques such as those required for Green Globes certification or LEED certification.In either case, there will be minimum environmental standards that must be met for developments in this industrial park.

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MONCTON INDUSTRIAL PARK WEST - ARCHITECTURE

4.1 Evaluation of the appearance of a building or structure by the Grantor shall be based on quality of design and relationship to surroundings.

4.2 Buildings constructed in Caledonia Industrial Estates shall conform to the following construction practices:

  • Exterior walls shall be finished with one or more of the following: (a) architectural masonry units (excluding concrete block and cinder block); (b) natural stone; (c) precast or tilt-up concrete; (d) metal wall panels, glass wall panels, or a combination thereof, provided Moncton Industrial Development has given its prior written approval to the exact material, use, color, and configuration of those wall panels; (e) glass materials; or (f) their equivalent as approved by Moncton Industrial Development.Consideration should also be given to the use of materials that contribute to reducing the project's environmental impact.
  • For buildings clad with metal panelling, the front exposed to the street, or streets as in the case of a corner lot, or exposed to Berry Mills Road must be further enhanced with an application of finish brick or other such masonry or be treated in some such architectural manner as to provide covering of no less than 20% of said front. For buildings in excess of 50,000 sq.ft.,covering should be 15% of the front exposed to the street. In the case of a corner lot, such covering should be 10% for the side exposed to the secondary street.Any and all such architectural treatment must be approved by Moncton Industrial Development.

4.3 All buildings or structures erected on the lands and all undeveloped portions of the site shall be maintained in good order and repair at all times.

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MONCTON INDUSTRIAL PARK WEST - LANDSCAPING

5.1 No building or structure shall be erected nor any trees removed from the site unless the landscaping plan for the entire site upon which the building or structure is to be erected (excluding those portions covered by building, structures, parking areas, loading areas, and driveways), has been approved by the Grantor or the Grantor's authorized agent.Signed approval of the Site Development Plan may be utilized for this purpose provided it includes a detailed landscaping plan.Failure to do so may result in the forfeiture of all applicable rebates.Refer to the Landscape Reference Guide for details on various landscape practices and requirements.

5.2 Those portions of the site between buildings and front and side lot lines which are not covered by buildings, structures, parking areas, loading areas or driveways will be landscaped. All landscaping shall be commenced as soon as construction is completed and weather permits but in no event beyond one (1) year from the substantial completion of the building or structure.Applicable Performance rebates will only by issued following completion of all construction including the landscaping.

5.3 Not less than twenty percent (20%) of the total area of the site shall be landscaped or as otherwise stipulated by the specific municipal zoning by-law.

5.4 All such landscaping will comprise a mix of elements to minimize the environmental impact.Elements may include sodded areas, natural grasses, trees, shrubbery, rock gardens and so forth.Areas left in their natural treed state shall be considered part of the landscaping.It is strongly recommended that as many existing trees be retained as is practical within landscape areas.Refer to the Landscape Reference Guide provided by Moncton Industrial Development to assist with meeting such standards.Sodded areas, trees, shrubbery and gardens shall be kept neat and orderly in appearance at all times and shall be maintained in a healthy condition.

5.5 Comprehensive Site Landscaping - The Site Development Plan showing completed landscaping details must be submitted to Moncton Industrial Development at the same time as the building plans. Landscaping shall include all areas of any street right of way immediately abutting the property and shall include all areas of the site which are not covered by buildings, paving or gravelled areas at the rear of the building(s). Specifically, the Purchaser shall landscape and maintain unpaved areas between the edge of the street pavement (curb) and the street/site property line and between the site property lines and the building. The area between the edge of street pavement (curb) and the property line shall be used exclusively for landscaping.

5.6 Landscaping Standards - Separation of Landscaping from Driveways, Parking Areas, and Storage Areas: Driveways, parking areas, storage areas, and loading and unloading areas shall be separated from landscaped areas by continuous concrete or asphalt curbing. It is strongly recommended that landscape design be employed to assist with the Storm Water Management requirements.(see Landscape Guide)

5.7 Completion of Landscaping and Site Improvements - The purchaser must agree by means of the Site Development Agreement to complete all landscaping, fencing, curbing, and asphalting as identified and agreed to under the approved site development plan. Failure to do so will result in the forfeiture of all applicable Performance rebates.

5.8 Time Frame for Installation of Landscaping - All such landscaping, fencing and asphalting is to be completed according to the site plan within 12 months of the substantial completion of the building. The Purchaser acknowledges the right of Moncton Industrial Development to enforce compliance of these requirements including, if necessary, taking action in the Court of Queen's Bench of New Brunswick for an order to the Purchaser to complete the aforesaid work.Any and all costs of such action shall be the sole responsibility of the Purchaser, including costs on a solicitor and client basis if Court action becomes necessary.

5.9 Landscaping Maintenance Requirements - The Purchaser of any site shall at all times keep the landscaping in good order and condition. Each purchaser shall maintain the landscaping and trees bordering the street and located on its site. Maintenance shall include, but is not limited to, fertilizing, pruning, mowing and other programs.

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MONCTON INDUSTRIAL PARK WEST - FENCES

6.1 Fences shall not be erected by the Grantee without the written approval of the Grantor of the Grantor's authorized agent of the location, design and material.

6.2 Fences shall at all times be kept in a proper state of repair.

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MONCTON INDUSTRIAL PARK WEST - TRANSPORTATION TRAILER AND STORAGE YARDS

7. Areas used for the purpose of parking and storage of transport trailers and their movement shall have first been approved in writing by the Grantor or the Grantor's authorized agent.The Site Development Plan may be utilized for this purpose.Such areas shall be suitably screened with growing trees, hedges, fences, walls, berms or a combination thereof consistent with the approved Site Development Plan.Additionally, construction of such yards must be consistent with the design requirements for storm water management as set out in clause 10.5

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MONCTON INDUSTRIAL PARK WEST - OUTSIDE STORAGE

8. Partially finished or finished products, equipment, parts or other materials shall not be kept, stored or left on the lands, unless the location and size of the storage area shall have first been approved in writing by the Grantor or the Grantor's authorized agent.The site development plan may be utilized for this purpose.Such areas shall be suitably screened with growing trees, hedges, fences, walls, berms or a combination thereof consistent with the approved Site Development Plan.

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MONCTON INDUSTRIAL PARK WEST - REFUSE STORAGE

9. A central refuse storage collection area shall be provided and maintained. The refuse storage area shall be at the same level as adjacent parking areas and driveways and shall be suitably screened with growing trees, hedges, fences, walls or a combination thereof consistent with the approved Site Development Plan. The location, size and screening of the refuse storage area shall be approved in writing by the Grantor or the Grantor's authorized agent. The site development plan may be utilized for this purpose.

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MONCTON INDUSTRIAL PARK WEST - LOADING-PARKING AND DRIVEWAYS

10.1 For every building or structure erected on the lands, there shall be provided and maintained accessible off-street loading facilities exclusive of driveway or access area.

10.2 All driveways, parking areas, and loading areas shall be paved with asphaltic or Portland Cement concrete by the Grantee within one (1) year of the substantial completion of the building or structure.

10.3 All driveways, parking and loading areas shall at all times be kept in a proper state of repair.

10.4 For outdoor lighting, use of LED lighting is required for driveways, parking and loading areas, storage yards and compounds.

10.5 All purchasers are responsible for on-site storm water management.All driveways, parking and loading areas are to be designed in a manner to address such water management.Design elements to include but not be limited to contour shaping of said areas to retain water for release post storm event.Such designs are to be included with the Site Development Plan and must be prepared as per the preceding clause 1.4. (see the attached Storm Water Management Criteria, also refer to the Landscape Reference Guide for methods that can be incorporated into the landscaping to help address such water management).

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MONCTON INDUSTRIAL PARK WEST - SIGNS

11.1 No signs, billboards, notices or other advertising material of any kind shall be placed on any part of the land, or on any building or structure, or on any fence or tree on the land without the approval in writing of the Grantor of the Grantor's authorized agent. The site development plan may be utilized for this purpose.

11.2 Not more than one (1) ground-mounted sign and two (2) building-mounted signs shall be permitted for any building or structure.

11.3 Signs for the direction of traffic and the location of parking or loading areas shall be permitted.

11.4 A building-mounted sign shall not extend above the eaves or cornice at that part of the wall of the building or structure to which the sign is affixed provided that no sign shall be affixed to any water tower, smoke stack, power transformer, pump house, roof structures, air conditioning unit, tank or any addition to any building or structure.

11.5 Signs illuminated by flashing or blinking lights will not be approved.

11.6 Signage Standards - Plans and specifications for the construction, installation, or alterations of all outdoor signs, including traffic or directional signs, shall be first submitted to and have the prior written approval of Moncton Industrial Development.A sign shall not be erected or displayed unless a permit to do so has been issued by the City of Moncton's Building Inspector.

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MONCTON INDUSTRIAL PARK WEST - BUILDING CONSTRUCTION-TEMPORARY IMPROVEMENTS

No temporary buildings or other improvements of a temporary nature, including trailers, incomplete buildings, tents, or shacks shall be permitted on sites within the Park. Temporary improvements used solely in connection with the construction of permanent approved improvements and buildings may be permitted provided they are located as inconspicuously as possible and removed immediately after completion of such construction.

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MONCTON INDUSTRIAL PARK WEST - UTILITIES

Power shall be provided from the lot line to any building or structure erected on the lands, and shall be maintained in good order and repair at all times. The location and nature of power, i.e. overhead, underground, front lot or back lot may vary from street to street.

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MONCTON INDUSTRIAL PARK WEST - IMPORTANT NOTICES

Definitions

Performance Rebate means a rebate of a predetermined percentage of the gross purchase price for any lot that will be paid upon completion of all Critical Elements.

Critical Elements means the building, and all paving and landscaping as set out in the Site Development Plan, Building Drawings and Landscaping Plan.

Issuance of the above rebate, either in part or in full, will be based on meeting the requirements of the Rebate Checklist (attached Schedule "A").Developers should be aware that these rebates may be forfeit should projects proceed without the prior approval of Moncton Industrial Development as set out in Clauses 1 and 5.

Additional Terms and Conditions

A. All sales to be final must include the signing of a Site Development Agreement in addition to the Agreement of Purchase and Sale and the park Covenants.The aforesaid Site Development Agreement must be executed at or before and not later than the time of closing.The Site Development Agreement must include a copy of the Site Development Plan and the Building Drawings as approved by Moncton Industrial Development.With the agreement of Moncton Industrial Development, the Site Development Plan and the Building Drawings may be submitted at a later date.In no case shall any work be commenced on the site prior to the signed approval of the Site Development Plan by Moncton Industrial Development.Prospective rebates may be forfeited if work is commenced without the prior permission of Moncton Industrial Development.Any questions in regard to any of the agreements or site plans and drawings should be directed to the General Manager at Moncton Industrial Development.

B. In addition to requirements for frontage along the DesBrisay Ave., architectural treatment and landscaping is also required for frontage along Berry Mills Road, refer to the Landscape Reference Guide.The Site Development Plan and Building Plans must include such treatment to receive approval by the Grantor.

C.The Site Development Agreement incorporates all of the details of the foregoing Covenants and Guidelines as outlined herein.Lots sold in the Moncton Industrial Park may be eligible for a Performance Rebate.All purchasers must comply with the terms of the Site Development Agreement and the attendant Site Development Plan to the satisfaction of Moncton Industrial Development to be eligible to receive such a Rebate.Please note, five percentage points of the Performance Rebate are tied to environmental benefits.Refer to the attached Rebate Checklist for details regarding the issuing of such rebates.

D.Every lot is serviced by storm sewer piping that is designed to limit the discharge into the municipal system during an unusual storm event.Each property must achieve a level of storm runoff that meets with the overall design criteria.Attached for this purpose is the Storm Water Management Criteria including a table of pipe sizes and allowable runoff for each individual lot.Project engineers (licensed to practice in New Brunswick) must prepare the design to meet these criteria.

STORM WATER MANAGEMENT CRITERIA

The storm sewer services at each industrial lot have been designed to permit only the 1 in 5 year storm peak discharge at post-development conditions to leave each lot. As per the City of Moncton By-law # P-209, the 1 in 100 year post-development storm return runoff will be required to be retained on the lot.Drainage plans for each lot must be prepared by a qualified Professional Engineer and confirmation of runoff discharging to the storm sewer services presently installed must be approved by the City of Moncton. This is to ensure that the runoff from these lots does not cause the minor storm sewer system to exceed the design capacity.


 

MONCTON INDUSTRIAL PARK WEST REBATE CHECKLIST

The following checklist will be completed prior to issuance of any Performance Rebates.  This checklist will determine whether such rebates are to be issued, either in part or in full.  It is based on components of the Site Development Agreement and Development Covenants.

Important note: Five percentage points of the Performance Rebate are tied to environmental benefits (see Environment checklist below)

Procedural Requirements:

1.  prior approval by MID of Site Development Plan   (refer Clause 1.1)

2.  prior approval by MID of Building Drawings  (refer Clause 1.1)

3.  prior approval by MID of Landscaping Plan  (refer Clause 5.1)

Site Components:

1.  site drainage and storm water management systems

2.  completion of parking areas, sidewalks etc.

3.  finish of all paving, curbing etc.

4.  completion of any approved storage yards, trailer/transport yards

5.  completion of all required screening and/or fencing

Building:

1.  completion of the building including all external finishing

Landscaping

1.  completion of all landscaping as set out in the approved landscaping plan

Completion Schedule

1.  completion of all the above Performance requirements within a  maximum of 18 months from start of construction unless otherwise approved by MID

 

ENVIRONMENTAL BENEFIT CHECKLIST

Five percentage points of the Performance Rebate are tied to environmental benefits.  Projects must incorporate at least five of the following elements.  For building materials, heating/cooling systems and so on, please have your contractor, architect or engineer provide a copy of the specification sheet with the appropriate environmental seal.  Projects that have successfully met the criteria for Green Globes certification with a minimum “three leaf” rating, will automatically be deemed to have met this requirement.

Building Materials

1.  use of accredited building materials

2.  specify materials from renewable sources

3.  building standards to reduce energy consumption needs

Energy Efficiency

1.  use of energy efficient technologies for heating and cooling                      

     (HVAC equipment, hot water systems etc.)

2.  integrate renewable sources such as solar, wind, biomass or photovoltaics

Heat Island Effect

1.  provide natural cover including trees that provide shade to impermeable areas

2.  implement measures to reduce heat build up on the roof

3.  use of environmentally friendly materials for hardsurfaces - parking lots, sidewalks

Outdoor Lighting

1. use of full cut off, directed down outdoor lighting

2. use of LED lighting is required for all parking, loading areas, storage yards and compounds.

Daylighting

1.  implementation of a fenestration strategy that maximizes daylighting

2.  use of window glazing to optimize daylight

3.  integrate electrical lighting design with daylighting

Water Performance

1.  water use efficiency technologies, e.g. low flush toilets, water saving faucets etc.

2.  use landscaping to withstand extreme weather & require minimal irrigation

3.  specify irrigation systems using non-potable water

4.  reuse/recycling of greywater

Development Area

1.  minimize disturbance of undeveloped areas. Preserve significant trees and slopes

Landscaping Measures

1.  use of low grow seed mixtures for lawn areas

2.  retention of 20% or more of existing trees/vegetation within landscaping areas

3.  intergration of stormwater management retention within landscape areas

Other – specify materials, practices or methods not identified above

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