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