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HomeMy WebLinkAboutBy-law 2022/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2022 /85 Being a by-law to authorize the execution of a subdivision agreement between 370766 Ontario Limited and The Corporation of the Town of Picketing respecting part Lot 27, Concession 2, Picketing (Draft Plan 18T-81007) WHEREAS, 370766 Ontario Limited proposes to subdivide and register a plan of subdi- vision of part of Lot 27, Concession 2, Picketing; and WHEREAS, that proposal has been approved by the Council of The Corporation of the Town of Picketing and the Commissioner of Planning for the Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory subdivision agreement between 370766 Ontario Limited and The Corpo- ration of the Town of Picketing; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a subdivision agreement, in the form attached hereto as Schedule A between 370706 Ontario Limited and The Corporation of the Town of Pickering, respecting part Lot 27, Concession 2, Picketing (Draft Plan 18T-81007). BY-LAW read a first, second and third time and finally passed this 21st day of May, 1985. SCHtDI~LE A to By-law 2022/85 TI[iS AGREEMENT made this 6th clay of April, 1985. B E T W E E N : 370766 ONTARIO LIMITED hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PIGKERING hereinafter called the "Town" OF THE SECOND PART, - and - Till,; TORONTO-DOMINION BANK hereinafter called the "Encumbrancer" OF THE THIRD PART. WIIEREAS, the Owner proposes to subdivide part Lot 25, Concession 2, in the Town of Picketing in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by John Bousfield Associates and designated as Draft Plan Number 18T-81007 (Revised); and WIIEREAS, the Encumbrancer has certain rights or interests in the nature of encum- brances relating to the lands affected hereby; NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town approving the proposed plan of subdivision, and the covenants hereinafter expressed, the Parties herelo covenant and agree one with the other as follows: PART 1 - PROPERTY DESCRIPTION ]. LAND AFFECTED The lands affected by the Agreement are: ALL AND SINGULAR that certain parcel or tract of land anti premises situate, lying avd being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of that part of Lot 25, Concession 2, designated as Part 1, P]an 40R-7996. PART 2 - SERVICES OWNER'S GENERAl, UNDERTAKING The Owner shah complete at its own expense and in a good workmanlike man- ner, for thc Town, all the munlcipal services as hereinafter set forth to the satisfaction of the Director of Public Works for the Town of Picketing, and shall complete, perform or make payment for such other matters as may be provided for herein. CONSUl,TING ENGINEERS The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner shall carry out all the necessary engineering and to super- vise generally the work required to he done for the development of the subdivision. (a) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally accepted by the Town. STORM SEWERS The Owner shall construct a complete storm system including storm con- nections to the street line and catch basin leads to service all the lands in the plan of subdivision and road allowances adjacent to the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall he constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either ~vithtn or outside the lands affected hereby to service the plan of subdivision and the aforementioned lands outside the plan of subdivision, which in the opinion of the Director of Public Works, will require its use as a trunk outlet. (3) Should, in the opinion of the Director o£ Public g/orks, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or system but such connection system by the Town. authorize connection into any part of the shall not constitute acceptance of the sewer No connection under subsection 4, above, shall Be undertaken or thorized prior to preliminary acceptance of the sewer system by the Town, except in an ernergency. (6) On or before the registration of the plan, the Owner shall pay to the Town the sum of $18,711.48 as the Owner's contribution to the costs of the Pine Creel: Storm Water Management Project. ROADS - ROUGH GRADE Prior to the installation or construction of the municipal services provided for herein, the Owner shall rough grade to the Town's specifications to the full width, the proposed road allowances shown on the plan of subdi- vision. (2) The Owner shall keep all boulevards clear and free of materials and obstructions which might interfere with the installation of electric, tele- phone, gas or other utilities. PART 2 - SERVICES (Cont'd) ROADS - PAVED (1) The Owner shall construct the roads shown on the plan of subdivision and that part of Benton Crescent adjacent to the Plan (Parts 1 and 2, Plan 40R-8002), and complete the construction of, or reconstruct, Dixie Road between Finch Avenue and a point 530 metres north of Finch Ave- nue, according to the Town's specifications for paved roads in effect at the date hereof. (2) The specifications for boulevard grading anti sodding shall apply to a~ll existing roads adjacent to thc plan of subdivision. (3) Until assumption by the Town, the Owner shall maintain and repair roads both within and outside the plan of subdivision where construction has taken place or that are used by construction traffic entering the plan of subdivision and keep such roads clear of dust, refuse, rubbish or other litter of all types, (4) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan of subdivision that the maintenance of them has not been assumed by the Town from the time that it is opened until formal assumption by the Town. (5) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 7. CLIRBS & GUTTERS (T) The Owner shall construct curbs and gutters on the roads to be con- str,lcted or reconstructed pursuant to section 6, above, according to the Town's specifications in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (2) If any curb depressions are not located correctly with respect to a drive- way, the Owner shall construct a curb depression in the cnrrect location and fill in the original curb depression according to the said specifica- tions. SIDEWALKS (l) The Owner shall construct a concrete sidewalk, (a) on the west side of Dixie Road adjacent to Blocks 117-1, 125-1, 126-1 and 148-2; (b) (c) (d) (e) (f) (~) on the north side of Finch Avenue adjacent to Blocks 123-1, 119-I and 117-1; on both sides of Lynn lteights Drive and Colonial Street: on that side of Benton Crescent adjacent to Lots ll-1 to 18-I, Part 2, Plan 40R-8002, Blocks 99-1 to 102-1, 103-1 to 107-1 and 117-1: on that side of Sherman Crescent adjacent to Lots 98-2 to 102-2, 112-2 to 120-2, Block I03-1 and Lots 137-2 to 146-2: on that side of Maury Crescent adjacent to Lots 45-2 to 72-21 and on the west side of Escort Court, from Sherman Crescent to a point on the easterly extension of the southerly lot line of Lot 109-2. PART 2 - SERVICES (Cont'd) (g) The Owner shall construct an ashpalt sidewalk, (a) on the west side of Dixie Road between Blocks 118-1 and 147-2; and (b) on the north side of Finch Avenue between Blocks 110-1 and 120--i and on or adjacent to Block 122-1. (3) The Owner shall construct the sidewalks referred to in subsections (1) and (2). above, and illustrated on the sketch attached as Schedule D, according to the specifications of the Town in effect at the date herer~f and shall maintain them until they are formally accepted by the Town. as illustrated on the sketch attached hereto as Schedule D, according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING CT) Underground electric distrib,tion shall be provided for all residential lots within the plan of subdivision according to the standards and specifica- tions of Picketing Hydro-Electric Commission. (2) Cable television services shall be provided the plan of subdivision according to the T.V. Limited. for all residential lots within standards of Picketing Cable (3) The Owner shall pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lighting of all streets and pedestrian walkways on the plan. and all boundary roads requiring upgraded lighting. (4) The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Munici- pal Electrical Utilities Guide to Municipal Standard Construction. (5) The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Picketing ltydrc~-Electric Commission and Picketing Cable T.V. Limited, as the case may be. lO. INSPECTION OF WORK (1) Prior to the registration of the plan, the Oxvner shall pay to the Town the sum of $9.590 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in section 9, above, shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefer within 30 days of invoices being rendered. (3) The costs referred to in subsection (1), above, may include, but not necessarily be limited to, salaries and wages of Inspectors, testing fees and administration fees. 11. LIABILITY INSURANCE (1) Before commencing any of thc work provided for herein, the Owner shall supply the Town with a Liability Insurance Policy in form satisfactory to the Town, indemnifying the Town from any loss arising from claims for damages, injury or otherwise in connection wi~h the work done h¥ or on behalf of tho Ownor in the p]as of subdivision and elsewhere. PART 2 - SERVICES (Coot'd) (3) (4) The amount of the Policy shall be $5,000,000. In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums and the Owner shall pay the cost of m~ch renewal or renewals within 30 days of the account therefor being rendered by the Town. It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that tl~e protection provided by the Liability Insurance Policy shall not lapse. 12. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60,~ performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works (the "original value") for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; (b) guaranteeing the payment of any amounts payable to the Town under section l0 of this Agreement; (c) guaranteeing the payment of any amount that required to pay under the provisions of the Act, 1982, and the Town may be Construction Lien (z) (d) guaranteeing all works, workmanship and materials for a period of two years from the date that the works are completed and such completion acknowledged, in writing, by the Director of Pq.blic Works. '~ The Owner mai,, at any time after the first 50%, in value, of works have been constructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Town Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) 60% of the original value where no certificate or declaration of substantial performance has been made; (b) 35% of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) 45 days following such publication have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by pay- ment into court; and PART 2 - SERVICES (Cont'd) (4) (c) 17% of the original value where, (i) a certificate of final completion has been made by the Owner's consulting engineer; (ii) 45 days following the making of such certificate have expired ~ and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by payL merit into court; which 17% portion shall secure the guarantee of works, workmanship and materials, until the obligation to guarantee has expired, when the balance of the ~ecurity shall be returned to the Owner subject to any deductions for rectification of deficiencies. Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 13. DRAINAGE - SODDING (1) The Owner shall provide the Town, before commencing any of the work provided for herein anti prior to the commencement of the development of the plan of subdivision, with a Grading Control Plan prepared by the Owner's Consulting Engineer, establishing the proposed grading of the lands to provide for the proper drainage thereof and the drainage of all adjacent lands which drain through the plan of subdivision. (2) The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works, the Metro- politan Toronto and Region Conservation Authority and Ontario ltydro. (3) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consulting Engineer. ¢4) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (5) The Owner shall sod the front, side and rear yards of each of the res- idential lots except for paved, planted or treed areas, upon the com- pletion of the construction of buildings thereon. 14. INCOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time, or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any' other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such 7 PART 2 - SERVICES (Cont'd) (2) (3) (4) case, the said Director of Public Works shall promptly notify the Owner and bis surety in writing of such default or neglect and if such notifica- tion be without effect within ten clear days after such notice, then in that case, the Director of Public Works shall thereupon have full authori- ty to purchase such materials, tools and machinery and to employ such workmen as iv his opinion shah be required for the proper completion of the said work at the cost and expense of the Owner or his surety, or both. In caseo~ of emergency, in the opinion of the Director of Public Works, such work may be done w~thout prlor notme but the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. It is understood and agreed that such costs shall include a management fee of 20% of the labour and material value, and further, a fee of 30% of the value for the dislocation and inconvenience caused to the Town as a result of such default on the part of the Owner, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this paragraph is one of the considerations, without which the Town would not have executed this Agreement. 15. DEDICATIONS The Owner shall dedicate as public highway, upon the registration of the final pla., the following lands and premises: (a) Benton Crescent (b) Colonial Street (c) Escort Court (d) Lynn lleights Drive {e) Maury Crescent (f) Sherman Crescent (g) Blocks 1~8-1 and 147-2 (Dixie Road road wldening) 16. TRANSFERS - CONVEYANCES (1) The Owner shall convey to the Town, free and clear of all encumbrances and at no cost to the Town, upon the registration of the plan or within the 30 days immediately following the registration of the final plan, the following lands: (a) (h) (c) (d) (e) (f) Blocks 114-1 and 116-1 (open space); Block 117-1 (walkwey); Blocks 125-1, 126-1 and 148-2 (Dixie Road reserves)l Block 127-1 (Benton Crescent Reserve); Block 128-1 (Lynn lqeights Drive/Colonial Street reserve); Block 149-2 (Lynn Heights Drive reserve). and PART 2 - SERVICES (Cont'd) Notwithstanding the provisions of subsection (1), above, a transfer required therein shall not be deemed to be subject to an encumbrance if that encumbrance relates in any way to the existence or maintenance of a public utility in operation as of the date of this Agreement. 17. TRANSFERS - EASEMENTS (1) The Owner shall arrange at no cost to the Town for granting to the Town such easements as the Director of Public lVorks or his designate sha~l deem necessary for the provision of storm sewer services both within the boundaries of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall be subject to the approval of the Director of Public ~'lorks or his designate as to their location and width. (3) The construction of any services in such easement or easements referred to in subsection (l)(a), above, shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 18. STREET NAMING The Owner shall name, on the fo]lowing Table, with Table: the final plan, the respective Column I Street adjacent to Lots 1-1 to 11-1, 31-l, 32-1, 68-1, 69-1 1-2 to 4-2. 72-2 to 74-2, 45-2 and 75-2 to 84-2 Street adjacent to Lots 19-1 to 47-1 and Blocks 108-1 to 113~1 Street adjacent to Lots ]30-2 to to 136-2 and 121-2 to 127-2 Street adjacent to I,ots 1132-2 to 1ll-2 Street adjacent to Lots 45-2 to 72-2 Table the streets indicated in Column I of names set out in Column II of the Column II l,ynn Heights Drive Benton Crescent Sherman Crescent gscott Court Maury Crescent 19, SERVICE CAPACITY This Agreement shall be subject to the Owner entering into satisfactory ar- rangements with the Town and the Regional Municipality of Durham with respect to the allocation of sewage treatment plant capacity and water capacity for the development. PART 2 - SERVICES (Cost'd) 20. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (b) Continuation of Existin~g Services Where the construction of services herein involves a continuation to existing services, to join into the same, including adjustment of grades where necessary, in a good and workmanlike manner. (c) Public Lands - Fill & Debris (i) Neither to dump nor to permit to be dumped, any fill or debris on, nor to remove or permit to be removed, any fill from any public lands, including Ontario Hydro lands, other than in the actual construction of roads in the plan of subdivision without the written consent of the authority responsible for such lands. (ii) On request, to supply the Town with an acknowledgement from such authority of the Owner's compliance with the terms of sub- clause (i), above. (c) Pnblic Lands - Fill & Debris (iii) That there shall be no burning of refuse or debris upon its lands or any public lands. (d) Construction Traffic Wherever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. (e) Qualitative or Quantitative Tests The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the accouut being rendered by the Town. (f) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by the subdivision work within 30 days of the account for same being rendered by the Town. (ii) Similarly to pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Director of Public Works, as to interfere with the use of the driveway. (g) Specifications Unless otherwise provided, to perform any work under this Agreement to the specifications of the date hereof. required to be done Town in effect at the (h) Temporary Silgn s To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. 10 PART 2 - SERVICES (Cont'd) (i) Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. Engineering Drawings Prior to the final acceptance of the subdivision, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. ~ (k) Snow Plowing & Sanding of Roads (1) If. in the opinion of the Director of Public Works, the condition of the road surface is not acceptable for winter control, to snow plow and sand such roads from such occupied buildings to exist- ing Town roads or to subdivision roads that receive the Town's winter control service, including alternate means of access where available, (ii) Such snow plowing and sanding shall be done from when the Director of Public Works deems conditions until such time as the roads are acceptable to the Public Works for winter control. time to time warrant and Director of Survey Monuments & Markers Prior to the acceptance of the subdivision by the Town, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars as shown on the registered plan, and survey monuments at all block corners, the ends of all curves, other than corner roundings and all points of change in direction of streets on the registered plan. 11 PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS CONSTRUCTION & OCCUPANCY OF BUILDINGS (1) 21. No building permit shall be issued for any building or part of a building in the subdivision umtll sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of providing adequate service. (z) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part df a building shall be made except upon the following conditions: (i) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequately serve such building or part thereof; (ii) Electric service is completed and in operation; (iii) An asphalt base has been laid on the road immediately in front of the building or part thereof and extended to an existing main- tained public road; and (iv) Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road and extend to an existing maintained public road. (4) (a) Should any building or part thereof in the plan of subdivision be occupied without the prior issuance of a municipal occupancy permit, then in that event, the Owner shall pay to the Town the sum of $1,750 for each building or part thereof so occupied, as liquidated damages therefor. (b) The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the plan of subdi- vision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 22. TIME LIMIT FOR CONSTRUCTION (1) The Owner shall construct or cause to be constructed, in the plan 274 housing units which shall be completed within two years of the date of registration of the plan. (2) In the event that more or less than 274 housing units are to be con- structed in the plan, an amendment to this Agreement shall be required. 23. DESIGN PLANNING (1) (a) The Owner shall, prior to the issuance of any building permit for the construction of any residential unit on the lands, submit to the Town's Director of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. (b) This report may be required, at the Director's option, to provide the following information: 12 PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) (2) (a) (b) (ii) (iii) (iv) (v) (vi) (vii) house massing; streetscape; exterior materials and c01ours; architectural style; visual variety; energy conservation measures; and any other data or information required. The Owner shall, prior to the issuance of any building permit for the construction of a residential unit to he erected on the lands, submit to the Director, for approval, site plans and architectural drawings for that unit, which approval shall not be unreasonably withheld. These plans and drawings may be required, at the Director's option, to provide the following information: the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (ii) the location of landscaping features, including trees to be preserved; (iii) streetscape for front and rear elevation at a scale accept- able to the Director; (iv) strectscape to show all street furniture and vegetationl (v) the relationship of buildings by blocks; and (vi) any other data or information required, 13 PART 4 - FINANCIAL MATTERS 24. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of $1,750 per unit for each dwelling unit to be erected in the Plan, each payment to be made when the building permit for the unit is issued. (2) No building permit shall be issued for any dwelling unit unless payment of the unit levy shall have been made in advance of the issuance of ~uch permit with respect to such dwelling unit. (3) Payments of such levies shall be made to the Town from time to time building permits are required. (4) In any event, the Owner shall pay all levies due under the provisions of this section in full, no later than eighteen months from the date of regis- tration of the plan. A letter from the Clerk of the Town advising that the unit levv has been paid shall be deemed to be a release of this section for the lands referred to in the said letter. 25. FINANCIAL SECURITY The Owner shall, immediately prior to the registration of the plan, deposit with the Town, a security payable to the Town, in a form satisfactory to the Town, for the sum of $479,500 as security for: (a) the payments referred to in section 24 hereof; and the payment of liquidated damages referred to tn subsection (4) of section 21 hereof. 26. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the said plan of subdivision, as required by law from time tn time. (b) Local Improvements Prior to the release of the plan for registration, to prepay any outstand- ing local improvement charges which are levied against any of the lands in the said plan of subdivision. (c) Interest To pay interest at the rate of 18% per annum to the Town on all sums of money payable herein which are not paid on the due .dates calculated from such due dates. (d) Registration Fees To pay all registration costs incurred bv the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. 14 PART 4 - FINANCIAL MATTERS (Cont'd) (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee ho]dbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for mechanics' liens or otherwise and all costs in connection therewith. EXPIRY OF SECURITIES (il ,Should any security required to be given under the terms of this Agree- ment expire during the currency of the Agreement, the Owner shall provide to the Town at least 30 days in advance of the expiry date of that security, a further security to take effect upon the expiry. Such further security shall be to the satisfaction of the Town. (3) Should no such further security be provided as required, then the Town shall have the right to convert the expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 28. TERMINATION OF LEVY/OCCUPANCY SECURITY (il The security required to be deposited with the Town pursuant to the provisions of section 25, above, may only he terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential building or part thereof to be constructed in the plan has been issued by the Town. Notwithstanding the provisions of subsection 1, the Owner may, from time to time, apply to the Town Treasurer for a reduction in the amount of the security referred to in subsection 1, as Municipal Occupancy Permits are issued. 15 PART 5 - PARKS & TREES PROVISION OF PARKLAND The Owner shall convey to the Town, within 30 days following the registration of phase 1 of the plan, all of Block 115-l, comprising 1.1485 hectares, and all buildings and structures thereon, free and clear of all encumbrances, and the Town agrees to accept same, together with the conveyance of Block 116-1 required in section 16(1), above, in full satisfaction of the Owner's obligation to convey parkland to the Town. 30. FENCING (1) The Owner shall erect, upon the completion of final lot grading and seeding or sodding the lands in the subdivision, (a) a permanent fence of nine (9) gauge, galvanized steel link fenc- ing, having 0.05 metre mesh, 1.8 metres high, ti) along the northerly boundary of Lots 26-2 to 44-2 and 76-2 to 84-2; (ii) along the southerly boundary of Lots 119-2 and 120-2: (iii) along both sides of Block 117-1; (iv) along the northerly boundary of Block 122-1; tv) along the boundary of Block 116-1 adjacent to Lots 87-1 tn 98-1; (vi) along the boundary of Block 115-1 adjacent to Lots 87-1, 120-2 and 137-2 to 146-21 (vii) along the westerly boundary of Block 148-2: (viii) along Block 125-1, from a point on that block adjacent to the north-east corner of the nearest dwelling unit to be erected on Lot 79-1 to the southerly end of Block 125-1; and (b) a permanent privacy wood fence on steel frame, 1.8 metres high, per Town Standard Drawing STD 20qm, (i) along the southerly boundary of Lots 16-2 and 17-2 and along the easterly boundary of Lot 80-1 from the north east corner thereof to the north-west corner of Block 114-1; (ii) along the northerly boundary of Block 114-1; (iii) along Blocks 124-1 and 123-1, as illustrated on the sketch attached hereto as Schedule D. (2) The fencing required to be constructed pursuant to subsection (1), above, shall be constructed so as to meet or exceed the requirements for swimming pool enclosures as set out in Part II of the Town's By-Law 425/76, as amended from time to time, or any successor thereto. (3) The fencing required to be constructed pursuant to subsection (1)(a)(i), above, shall be constructed in accordance with Ontario Hydro's Guidelines for Grounding of Wire Fencing Under Power Lines, (4) The Owner shall further erect, at the time the fencing referred to in subsection (1) is erected, vehicle barriers on Block 115-1, adjacent to Sherman Crescent, Block 116-1 adjacent to Lynn Heights Drive and Block 117~1 adjacent to Dixie Road and Benton Crescent, to be constructed in accordance with the Town's specifications therefor and to the satisfaction of the Director of Public Works. 16 .' PART S - PARKS & TREES (Cont'd) DRAINAGE ONTO OPEN SPACE/PARKLAND (1) The Owner shall ensure that the lands within the subdivision do not drain surface run-off water onto any Town owned parkland or walkway. (2) Where this is not possible, the Owner shall install within the parkland or walkway, as the case may be, at a distance no greater than 6 metres from the property line, suitable swales and catch basins to manage adequately, in the opinion of the Director of Parks and Recreation, all such surface run-off water draining onto the parkland or walkway. 32. LANDSCAPE PLANNING (1) The Owner agrees that prior to the issuance of building permits for any of the units to be erected on the lands, submit a landscaping plan for all of the lots and blocks on the plan to the Town for approval. (2) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, In conformance with the landscaping plan according to the time limits set out in Schedule A. 33. TREE PLANTING (~) The Owner shall plant on road allowances within or adjacent to the plan, 274 trees of a size and type acceptable to the Town no more than six months after final grading is done in the specified area. A schedule of the Owner's tree planting scheme shall be approved by the Director of Planning prior to the planting of any trees, (3) Where the density is too great to enable 274 trees to be planted, the Owner shall provide $70 for every unit for which a tree cannot be planted for tree planting in a public land area within the community in which the plan is located, 34, TREE (1) (2) (3) (4) (5) PRESERVATION The Owner shall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shall be preserved taking into consideration the conclusions and recommendations contained within the "Environmental Appraisal" report prepared by Cumming-Cockburn and Associates Ltd., dated May 6, 1981. The Program shall be submitted to the Director of Planning for the review and approval of that Director and the Director of Parks and Recreation, and, once approved, shall be implemented as approved only. In determining whether or not to approve the Program, the Director shall be governed by the Town Tree Preservation Guidelines in effect at the date hereof. Until such time as the Program is approved, the Owner shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of tile Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diametre and spe- cies determined by the Director; such replacement shah be at no cost to the Town. 17 PART 5 - PARKS & TREES (Cont'd) (6) The Owncr's ]iabillty under subsection (5), above, shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot, twelve months after the completion of th* sodding on the lot, or where the lands upon which the tree is located comprise lands other than a residential building lot, the expiry of the guarantee period referred to in section I of Schedule A of this Agreement. 18 PART 6 - GENERAL PROVISIONS 35. LICENCE TO ENTER The Owner shall retain a licence from any subsequent purchaser of the afore- said lands, or any part thereof, to enter upon such lands in order to comply with the provisions of this Agreement. 36. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before Decembe~r 3lst, 1985, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void, 37. NOTICE Any notice required to be given hereunder may be given by registered mail addressed to the other Party at its principal place of business smd shall be effective as of the second day immediately following the date of the deposit thereof in the Post Office. 38. ENCUMBRANCER This AMreement shall have priority over and take precedence over all of the Encurabrancer's rights or interests, whether or not any such right or interest was established or arose prior to the date hereof and whether or not such right or interest is set out in or arises bv virtue of any instrument or document registered on title to the lands affected hereby, or any part of them, prior to the registration of this Agreement. 39. INTERPRETATION (1) Whe.ever in this Agreement reference is made to any specific lot or block by number, and such reference contains a hyphen (e,g, Block 277-2), the number preceding the hyphen shall refer to the lot or block desig- nation and the number following the hyphen shall refer to the phase number. (z) Whenever in this Agreement the word "Owner", or "Encumbrancer" and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", "Encumbrancer or Encumbrancers" and "his", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. (3) Schedules A, B, C, D, E and F attached hereto shall form part of this Agreement. 40. TIME Time shall be of the essence of this Agreement. 41. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit of and be binding upon the Parties hereto, their successors and assi~,ns. 19 PART 6 - GENERAL PROVISIONS (Cont'd 1N WITNESS WHEREOF, the said Parties have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEAI,ED & DELIVERED 370766 ONTARIO LIMITED TIlE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk THE TORONTO-DOMINION BANK 20 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner shall complete the works required under this Agreement with two years from the date of the registration of the plan of subdivision and shall guarantee the workmanship and materials for a period of two years from the date that the works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. TEMPORARY TURNING CIRCLES (1) biotwithstanding the provisions of sections 6, 7 and 8 of this Agreement, the Owner shall construct, at its sole expense and to the Town's speci- fications, a temporary turning circle on Lynn Heights Drive immediately east of Block 149-2. (z) Further, the Owner shall remove, at its sole expense and to the Town's specifications, any temporary turning circle located immediately adjacent to the plan on a public highway to be extended by the Owner into the plan, and shall replace any such circle with permanent services as if the highway were a road in the plan. EXISTING BUILDINGS (1> The stone house presently located on Block 115-1 shall be conveyed to the Town in the conveyance of that block, and, thereafter, the Owner will provide, (a) (b) (c) water service, sanitary sewer service, and elect rical service to the westerly boundary of Lynn [/eights Drive, appropriate to service thc future needs of the Town in its use of the house, and, (d) an 8 metre curb cut and asphalt driveway apron, for park and house access from Lynn Heights Drive all at no cost to the town. The houso presently located on Lots 87-1 and 88-1 shall be demolished by the Owner, at its expense, prior to the issuance of a building permit for either lot. (3) All other buildings or structures on the lands comprising the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit. WALKWAY TREATMENT The Owner shall, at its expense, construct a walkway, (a) during the construction of Phase One, along Block 117-1 from the side- walk to be constructed on Benton Crescent to the sidewalk to be con- structed on Dixie Road, (b) during the construction of Phase Two, on Block 115-1 from the sidewalk to be constructed on Sherman Crescent to a point 33 metres south of that sidewalk, according' to the Town's specifications and to maintain such walkways until they are formally accepted by the Town. A-1 SCHEDULE A (Cont'd) 5. VEGETATIOn; & WELLS ON ABUTTING.LANDS (i) Prior to the commencement of construction in the plan, the Owner shall, at its expense, provide to the Town an engineer's report indicating the effect, if any, that storm drainage, site grading and installation of ser- vices within the plan will have on existing vegetation and wells on abut- ting lands north of Block 114-1 and abutting lands east of Lots 1-1 to 1-5. The Owner shaH, at its expense, undertake and guarantee any worlds required by the Town, in its sole discretion, to alleviate any adverse effects identified in the report referred to in subsection (1). 6. OPEN SPACE BLOCK - BLOCK 114-1 At the time that the adjacent Colonial Street boulevard is graded and sodded, the Owner shaH, at its expense, clean, grade and sod Block 114-1 to the satisfaction of the Town. 7. CONTRIBUTIONS TO COSTS OF EXISTING SHARED SERVICES Prior to the registration of the plan, the O~vner shall pay to Runnymede Devel- opment Corporation Limited the sum of $33,662 being the Owner's portion of the costs incurred by Runnymede in the re-construction and widening of Dixie Road between Kingston Road and Kitley Avenue, which re-construction serves, in part, the ]ands in this plan of subdivision. SCHEDIIL .F, B SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by other agenciesl these sections are not intended to bind the Owner to the Town nor the Town to the Owner in any manner whatsoever and are not to be construed as relating in any way to any of the other provisions of this Agreement. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") (1) The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommendations referred to in the report required by Condition No. 16(a) of the draft approval of this plan dated October 20th, 198l by the Commissioner of Planning of the Regional Municipality of Durham. (2) The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A., the recommended guidelines described in the "Environ- mental Appraisal" report prepared by Cumming-Cockburn and Associates Ltd., dated May 6, ]981, for the protection of vegetation, (3) Prior to the i~itiation of any grading or construction on the site, the Owner shall erect a a temporary snow fence or other suitable barrier along the rear lot line of Block 115-I, Lots 87-1 to 98-1 and along the south lot line of Lot 98-1, which harrier shall remain in place until all grading and construction on the site is completed. (41 The Owner shall not place fill, grade, construct any buildings or struc- tures or interfere with the channel of the watercourse within Block 116-1 without prior written approvals from M.T.R.C.A. 3. ONTARIO HYDRO (t) The Owner shall keep Ontario Hydro's property abutting the northerly limit of the plan free of all debris and vehicular traffic~ any disturbances of Ontario Hydro's property by the Owner, its agent, or its contractor, shall be restored to its original condition. The Owner shall submit a drainage plan in and around the vicinity of Lots 26-2 to 32-2 showing existing and proposed grading and drainage to Ontario Hydro for review and approval. 4. MINISTRY OF EDUCATION The Owner shall give notice in all offers of purchase and sale agreements that although there is a proposed school site within the adjacent development, the students may have to be transported to existing schools and that construction of a school may he delayed. 5. MINISTRY OF NATURAL RESOURCES ("MNR") The Owner shall submit a detailed grading plan to cutting or filling of Lot 98-1. MNR prior to any on-site B-1 SCHEDULE B (Cont'd) M~NISTRY OF TltE ENVIRONMENT ("MOE") (1) The Owner shall carry out the noise control features recommended by the acoustical report referred to in Condition 17 of the draft approval of this plan dated October 20th, 1981 by the Commissioner of Planning of the Regional Municipality of Durham. Purchasers of Blocks 103-1 to 107-1, Lots 48-1 to 58-1, 78-1, 79-1, the easterly Z8 metres of Block 114-1 and Lots 17-2 to 26-Z are advised that despite the inclusion of noise control measures within the development area, noise levels on lots adjacent to Dixie Road may continue to be of concern, occasionally interfering with some activities of the dwelling occupant. (3) Purchasers of Lot 1-1 and Blocks 99-1 to 102-1 are advised that due to increasing road traffic volumes, noise levels on lots adjacent to Finch Avenue are in e×cess of MOE Guildlines and may become of concern, occasionally interfering with some activities of the dwelling occupants. In order to achieve a suitable indoor noise environment, provision has been made to the heating systems which permits the installation of a central air-conditioning system. Note: Locate the air-cooled condensor unit in a noise insensitive area. B-2 SCt~EI)ULE C PHASE ONE SIDEWALK C-I SCHEDULE C (Cont'd) PHASE TWO IX3 SCHEDULE D PHASE ONE CHAIN LINK FENCING : : : : : I P~VACV ~oo~ FENCe. D-] SCHEDULE D (Conl'd) PHASE TWO D~X:E ;il /_G? £~ CHAIN LINK FENCING PRTVACY WOOD FENCE SCPEDULE E PLAN (2) (4) (5) REGISTRATION PHASING It is acknowledged and agreed that the Owner shall register the plan of subdivision in two phases, as shown on Maps ! and II, attached hereto. This Agreement shall be registered on title to all the lands in the plan prior to the registration of either phase of the plan. (a) (b) Phase One of the plan shall be registered on or before December 3]st, 1985. Phase Two of the plan shah be registered on or before December 31, 1986. The provisions of the sections set out in the following Table shall be applicable to both phases but shall only take effect with respect to a phase upon the registration of the plan for that phase. Table Sections 4, 5, 6, 7, 8, 9, 12, 15. 16, 18, 20, 21, 23, 24, 28, 29, 30, 32 and 33 Schedule A - Sections 1, 2, 3, 4, and 6 The provisions of section 10(1) shall be applicable to both phases but shall take effect so as to require the monies to be paid as follows: (a) $4,480 prior to the registration of Phase One; and (b) a further $5,110 prior to the registration of Phase Two. (6) (7) (8) The provisions of section 22 shall be applicable to both phases but shall take effect so as to require the housing units to be completed as follows: (a) one hundred and twenty-eight (128) units within two (2) years of the date of registration of Phase One: and (b) a further one hundred and forty-six (146) units within two (2) years of the date of registration of Phase Two. The provisions of section 25 shall be applicable to both phases but shall take effect so as to require the security to be provided as set out below: (a) $224,000 prior to the registration of Phase Onel and (b) $255,500 prior to the registration of Phase Two. The provisions of the sections set out in the following Table shall be applicable to both phases and shall take effect, upon the registration of this Agreement, subject to the provisions of subsections (5), (6) and (7) of this section. Table Sections 1, 2, 3, 10, 11, 13, 14, 37, 38, 39, 40 and 41 Schedule A - Sections 5 and 7 Schedule B - Sections 1, 2, 3, Schedule E - Section 1 17, 19, 4, 5, and 6 22, 25, 26, 27, 31, 34, 35, 36, E-1 SCHEDULE E (Cont'd) PHASE TTqO MAP 2 E-3 SCHEDULE E (Cont'd) PHASE ONE MAP 1 E-2 SCHEDULE F 1. FUTURE CONTRIBUTIONS TO SIIARED SERVICE COSTS ¢/ithin 60 days of the acknowledgement, by the Town's Director of Public Works, of the completion of, (a) storm sewers, as provided for in section 4 of this Agreementl (b) roads, as provided for in sections $ and 6 of this AgreementI (c) curbs and gutters, as provided for in section 7 of this Agree- merit; ~ (d) sidewalks, as provided for in section 8 of this Agreementl and street lighting, as provided for in section 9 o£ this Agreement, on, or being part of Colonial Street, adjacent to Block 114-2 and on or being part of Dixie Road north of a line joining the northwest corner of Block 114-1 and the northeast corner of Block 67, Plan 40M-1271, the Owner's consulting engineer shall provide to the Town, in a form satisfactory to the Town, a detailed summary of the actual costs, to the Owner, of those storm sewers, roads, curbs and gutters, sidewalks and that street lighting. ~qithin 3(I days of the receipt by the Town of the summary referred to in subsection (1), above, in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner, in writing, of the following: (a) the area of the lands, if any, outside the plan of subdivision that the said works shall be deemed to benefit ("the benefitting lands") for the purposes of this section and the conditions, if any, under which such lands shall continue to be benefitting lands; (b) the portion of the Owner's actual cost~ referred to in subsection (1), above, that the Town shah deem to be applicable to the benefitting lands (the "shared cost") for the purposes of this section i and (c) the method or methods that shall be employed to pro-rate the shared cost to the benefitting lands, and that determination shall be final. (3) In the event that the benefitting lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a Development Agreement, then the Town shall endeavour to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, all or an appropriate portion of the shared cost, (a) calculated according to the method or methods referred to in subsection (2), above, and (b) adjusted annually, for a maximum of 5 years from the date of notification referred to in subsection (2), above, according to the Southam Construction Cost Index for Ontario, composite portion. (4) In consideration of the Town approving the plan of subdivision and entering into this Agreement with this section included, the Owner here- by, (a) remises, releases and forever discharges, and (b) agrees to indemnify and save harmless, SCHEDULE F (Cont'd) the Town, its officers and employees and their respective heirs, execu- tors, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. APPLICATION FOR REZONING AND DRAFT PLAN OF SUBDIVISION SUBMITTED BY 370766 ONTARIO LIMITED ON THE NORTHWEST CORNER OF FINCH AVENUE AND DIXIE ROAD FILE NUMBER - B 4100 - 18T-81007 FILE NUMBER - B 2310 - A 87/81 That Draft Plan of Subdivision 18T-81007 sub- mitted by John Bousfield Associates Limited on behalf of 370766 Ontario Limited on lands being Part of Lot 25, Concession 2 be APPROVED AS REVISED to permit the establishment o--~ single detached dwelling units, between 30 and 40 semi-detached and/or single attached dwelling units, a park block an open space block and one future residential block, subject to the following conditions: 1. Changes in 'red' as shown on the plan stamped approved this date. That the owner make satisfactory arrange- ments with the Town regarding the required parkland dedication. 3. That the owner enter into a satisfactory subdivision agreement with the Town, 4. That the owner make satisfactory arrange- ments wi~h the Town and Region regarding: a) the provision of all services b) the allocation of sewage treatment capacity and water capacity for the development. COUNCIL MINUTES October 5th, 1981 - File 370766 Ontario Ltd. 18T-81007 (A 87/81) That the owner agree to dedicate to the Town and other proper authorities: a) all road allowances with proper corner roundings and sight triangles b) 0.3 metre reserves at all temporary street termini shown as Blocks 257 and 258, on the Draft Approved Plan. c) 0.3 metre reserves along the north side of Finch Avenue and the west side of Dixie Road shown as Blocks 252 to 256, inclusive, on the Draft Approved Plan. d) a 3.44 metre west side of 249, 250 and Plan. road widening on the Dixie Road shown as Blocks 251 on the Draft Approved e) the required road widenings along the north side of Finch Avenue shown as Blocks 247 and 248 on the Draft Approved Plan. f) Block 245 as a Public Walkway. g) any other easements as required. That the owner make satisfactory arrange- ments with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other, similar service~. That the streets within the Draft Plan be named to the satisfaction of the Town. That the owner submit for approval by the Town, site plans and streetscape ele- vations showing the location and relation- ship of all buildings prior to the issu- ance of any building permit. That prior to final registration of this plan, the owner: a) satisfy the requirements of both the Metropolitan Toronto and Region Con- servation Authority and the Ministry of Natural Resources b) submit a Draft M-Plan to be approved by the Town Planning Department. 10. 12. 13. 14. 15. 16. c) submit a detailed tt ~ preservation programme to the satisfaction of the Town taking into consideration the conclusions and recommendations con- ta£ned w£chin the Environmental Apprais- al prepared by Cumming-Cockburn and Associates Ltd. dated May 6th, 1981 and agree not to remove any existing trees until such time as the above noted programme has been approved by the Town. That the owner make satisfactory arrange- ments with the Town regarding the removal, demolition and/or retention of all struct- ures on the subject property. That the owner agree to dedicate Block 244 to the Town for park purposes. That the owner agree to dedicate Block 246 to the Town for open space purposes. That Block 25g be developed for residential purposes in conjunction with abutting lands and that this Block be maintained to the satisfaction of the Town until such time as it is developed. That the purchasers of the homes within the development be advised with (within) the agreement of purchase and sale that although there is a proposed school site within the adjacent development, the stud- ents from the subject development may have to be transported to existing schools and that a school is not likely to be built for several years and only then if it can be Justified to the satisfaction of the Minister of Education. That a noise study be submitted to the satisfaction of the Ministry of the En- vironment. That the owner agree to the satisfaction of the Town: a) to provide a report outl£ning how storm drainage service, well water quantity and quality and existing vegetation can be maintained in re- gards to the existing residence on the west side of Dixie Road just north of Street "B" and the existing residence on the north side of Finch Avenue just east of Street b) to undertake and ~uarantee any such work outlined in the said report. rT. That a temporary road access be provided through Block 241 to connect the two "dead end" portions of Street "F" until such time as a permanent road connection is made. 18. That Lots 1 to 260, inclusive, be devel- oped for single detached residential pur- poses and Blocks 241, 242 and 243 be dev- eloped for semi-detached and/or single attached residential purposes. DURHAM I~anning V October 20, 1981 REC:--IVED John Bousfield and Associates Suite 811 -'-' 321Bloor S.tree~'East Toronto, Ontario M4W 1G9 Attention: Ms. Leslte Ro~an Dear Ms. Rogan: Re: Application for Approval of Plan of Subdivision File No: 18T-81007 Owner: 370766 Ontario Ltd. Municipality: Town of Ptckertn~ ! am pleased to advise that, in accordance with By-law No. 184/80 of ~he Regional Munlclpaliqy of Durham, decision to draft approve the above-referenced plan of subdivision is now given, subject to the conditions attached to this letter. This dectsion to draft approve is conditional upon t~t no person requests ~y decision to be reviewed by Council within 5 days of the date of this notice. In addition, this dectston to draft approve is subject to Section 55(3) of The Planning Act R.S.O. 1980, which provides as follows: "The applicant and each person who requests written notice of the decision referred to in sub-section 1 may appeal to the Municipal Board against the decision by serving personally on or sending by registered mail to the Clerk of the Municipality in which the Council or appointed officer has jurisdiction notice of appeal accompanied by payment to the Clerk of the fee prescribed by the Municipal 8oard under The Ontario Municipal Board Act, as payable on an appeal to the Municipal Board, within twenty-one days after the day on which the notice was sent under sub-section 1." -2- If no appeal ts received by the Regional Clerk within 21 days from the date of this 1error, we will issue draft plan approval and copy of the draft approved plan will be sent to you accordingly. Yours very truly, Dr. M. Michael, M.C.I.P~ Commissioner of Planning attach. 370766 Ontario Ltd. H. Salonen, Ministry of Municipal Affairs & Housing C. Lundy, Regional Clerk B.J. Taylor, Clerk, Town of Pickering T. Magi, Planning Director, Town of Picketing 1.6. Earl, Ministry of Natural Resources J. Malettc~, M.T.R.C.A. ~. Upton, Board of Education R.S. Lawton, Ministry of Education G. Crawford, Regional Works W.R. Kyle, Ontario Hydro O. Pirie, Ministry of the Environment Attachment to letter dated October 20, 1981 From: Or. ~. Michael, Commissioner of Planning To: H. Leslie Rogan, John Bousfteld Associates File: 18T-81007 Owner: 370766 Ontario Ltd. Town of Picketing CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS SUBDIVISION ARE AS FOLLUWS: Nos. CONDITIONS That this approval applies to the draft plan, drawing number A-7641-12, by John Bousfteld Associates Ltd., dated February 9, 1981 as revised in red to show a total of 240 single lots, Blocks 241 to 243 inclusive for semi-detached dwellings and/or single attached dwellings, Block 244 for park purposes, Block 246 for open space purposes and Block 259 for future residential development. That the road allowances within this draft plan shall be dedicated as public highways. That the road wldentng along Regional Road #37 (Finch Avenue) as shown on the draft plan as Blocks 247 and 248, shall be dedicated as public highways. That the road widening along Dixie Road as shown on the draft plan as Blocks 249 to 25! inclusive, shall be dedicated as public highway. That daylight triangles, as shown on the draft plan as Blocks g60, 261 and 262, shall be dedicated as public highways. That 0.3 metre reserves as shown on the draft plan as Blocks 2BB, 286 and 263, shall be dedicated free and clear of all encumbrances to the Regional Municipality of Durham. That 0.3 metre reserves as shown on the draft plan as Blocks 252 to 254 inclusive and 264, shall be dedicated free and clear of all encumbrances to' the Town of Picketing. That the streets shall be named to the satisfaction of the Town of Pickering and the Regional Municipality of Ourham. That the dead-ends and open sides of road allowances created by this draft plan shall be terminated in 0.3 metre reserves and shown as Block 257 and 258 on the draft plan to be conveyed to, and held in trust by the Town of Picketing. ,.°2 NOS · - 2 - CONDITIONS That block 245 as shown on the draft plan shall be dedicated as a public walkway · That a temporary road access through Block 241 be provided to connect the two "dead-end" portions of Street "F" until such time a permanent road connection is made. That the owner shall convey up to five(5) percent of the land included in the draft plan to the Town of Picketing for park purposes under section 3~5) of The Planning Act. lhis shall include block 244. That the area to be subdivided shall be zoned to reflect the uses shown on the attached copy of the draft plan in an appropriate restricted area by-law passed by council and either a) submitted to and approved by the Ontario Municipal Board, or b) in effect in accordance with section 39(26) of The Planning Act. That the restricted area by-law as referenced in condition 13 shall contain a) provisions which will have the effect of prohibiting all buildings and structures of any kind, the placement of fill, or the alteration of a watercourse other than as required for flood or erosion control within Block 246, and; b) provisions which will restrict the total number of dwellings to between 30 to 40 units within Blocks 241, 242 and 243. That such easements as may be required for utility or drainage purposes shall be granted to the appropHate authority. That t~e owner shell submit the following for the review and approval of the Metropolitan Toronto and Regional Conservation Authority. a) A detailed engineering and drainage report which will desc~be: (il storawater management techniques which may be required to minimize the amount of storn~ater draining from the site; (ii) proposed methods for controlling or minimizing erosion and siltation on-site and/or in downstream areas during and after construction; and (iii) roof leaders be allowed to drain onto lawns as recommended by the 'Environmental Appraisal' report prepared for this draft plan by Cumming-Cockburn and Associates Ltd.; b) Plans for the treatment of the small watercourses flowing through the centre and the eastern part of the plan; and c) Overall grading plans for the lands included in this draft plan of subdivision. NOS. CONDITIONS 23. That prior to the final approve) of the draft plan, the owner shall engage the services of a consultant to complete an acoustical report recommending noise control features satisfactory to the Ministry of the Environment and the Town of Picketing. y That the owner shall submit a detailed tree preservation programme to the Town of Pickering for approval. The programme shall take into consideration the conclusions and recommendations contained wi thin the "Environmental Appraisal" report prepared by Cumming-Cockburn and Associates Ltd., dated May (, 1981 and the owner shall agree not to remove any existing trees until such time the said programme has been approved by the Town. That the owner shall make satisfactory arrangements with the Town regarding removal, demolition and/or retention of all structures within the subdivision. That the owner shall provide a report to the Town of Picketing for approval, outlining how storm drainage service, well water quantity and quality an~ existing vegetation can be maintained in regard to the existing residence on the west side of Oixie Road and north of Street "8" and the existing residence on the north side of Finch Avenue jdst east of Street That the owner shall enter into a subdivision agreement wi th the Town of Ptckering to satisfy the requirements, financial and otherwise, of the municipality. That the owner shall enter into a subdivision agreement with the Regional Municipality of Ourham to satstfy all requirements, financial and otherwise, of the Regional Municipality of Durham concerning the provisions for extension of trunk sanitary sewer and water supply facilities external to and within the limits of the plan, road, and otter regional services. That prior to signing of the subdivision agreement referred to in condition 22, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacity are available to service the subdivision. That the subdivision between the and the Town of agreement owner Picketing contains, among other matters, the provisions for: a) suDmtssion of a detai)ed grading plan to the Ministry of Natural Resources prior to any on-site cutting or filling of lot 240; b) carrying out, or cause to be carried out, to the satisfaction of the Metropolitan Toronto and Region Conservation Authority. the recommendations referred to in the report(s), as required in condition l~(a); Nos. - 4 - CONDITIONS c) carrying out the recommended management guidelines described in the 'Environmental Appraisal" report prepared by Cumming-Cockburn and Associates Ltd., dated May ~ 198! for the protectton~ of vegetation; d) prior to the initiation of any grading or construction' on the site, to erect a temporary snow fence or other suitable barrier along the rear lot line of block Z44, lots 229 to 240 and along the south lot line of lot 240. This barrier shall remain in place until all grading and construction on the site are completed; e) f) g) h) not to place ft11, grade, construct any buildings or structures or tnterfer with the channel of the watercourse within block 246 without prior written approvals from the Metropolitan Toronto and Region Conservation Autho~ty; carrying out the noise control features recommended by the acoustical report referred to in condition 17; inclusion of the following warning clause: 'Purchasers are advised that despite the inclusion of noise control features within the individual building units, noise level may continue to be of concern, occasionally interfering with some activities of the dwelling occupants." This clause is required only in the event that a slight noise level excess will remain despite the implementation of the noise control features; inclusion of a warning clause in wording acceptable to the Ministry of Education, to give notice in all offers of purchase and sale agreements that although there is a proposed school site within the adjacent development, the students mai, have to be transported to existing schools and that construction of a school may be delayed; the submission of site plans and streetscape elevations showing the location and relationship of all buildings to the Town of Picketing for approval prior to the issuance of any building permit; conveyance of Block 246 to the Town of Pickering for open space purposes; development of Block 259 for residential purposes in conjunction with abutting lands and this Block be maintained to the satisfaction of the lown until such time as it is developed; carrying out to the satisfaction of the Town of Pickering the recommended works outlined in the report as required in condition submission of a drainage plan in and around the vicint~ of lots 111 to 117 showing existing and proposed grading and drainage to the Ontario Hydro for review and approval; NOS. CONDITIONS n) the Ontario Hydro property abutting the northerly limit of t~e draft plan be kept free of all debris and vehicle traffic and that any disturbances of the Hydro property by the owner, its agent, or its contractor, shall he restored to its original condition. That prior to final approval of the plan, the Commissioner of Planning of the Regional Municipality of Durham be advised in writing by: a) the Town of Plckering, how conditions 2, 4, 7 to 15 inclusive, 17 to 21 inclusive, and 2¢(i) to 24(1) inclusive, have been satisfied; b) the Ministry of the Environment, how conditions 17, 24(f) and (gl have been satisfied; c) the Ministry of Education, how condition 24(h) has been satisfied; the Ministry of Natural Resources, how condition 24(a) has been satisfied; e) the Metropolitan Toronto and Region Conservation Authority, how conditions !~ and 24(b) to 24(e) inclusive, have been satisfied; f) Ontario Hydro how conditions 24(m) and 24(n) have been satisfied. NOTES 1. We suggest you make yourself aware of: e a) section 16~ ail) of the Land Titles Act, which requires all new plans be registered in a land titles system; and b) section 1~0(2) which allows certain exceptions. It is suggested that the municipality register the subdivision agreement as provided by section 36(6) of The Planning Act against the land to which it applies, as notice to prospective purchasers. Where agencies are involved in the subdivision agreement, a copy of the subdivision agreement shall be sent to the following agencies in order to expedite clearance of the final plan. Mr. X.B. Earl (823-276) District Manager Ministry of Natural Resources Maple, Ontario LOJ lEO Mr. John Maletich, Head Development Control Planning and Policy Branch Metropolitan Toronto & Region Conservation Authority 5 Shoreham Drive Downsview, Ontario MJN (66~-6~0) - 6 - NOTES e Mr. W.R. Kyle (592-3205) Property Division Ontairo Hydro, Room U1B5 700 University Avenue Toronto, Ontario MSG Mr, R.F. Lawton, Chief Architect Grants Policy Branch Ministry of Education Mowat Block 900 Bay Street Toronto, Ontario MTA Mr. D.M. Pirie, , Head (424-3000) Approvals and Planning Technical Support Section Ministry of the Environment Suite 700, 150 Ferrand Drive Don Mills, Ontario M3C 3C! Copy of a draft M-Plan should be submitted to t~e Town of Picketing Planning Department in order to expedite clearance by that agency. Lapsing of draft appFoval If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse under section 36(13) of The Planning Act. Extension may be granted provided valid reason is given and is supported by a resolution from the local municipality prior to the lasptng date. (Part of By-law 1699/83) ,.~EY MAP SCHEDULE 2(ii) SUBJECT