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HomeMy WebLinkAboutBy-law 5548/99CORPORATION OF ~ TOWN OF PICKERING BY-LAW NUMBER' 5548/99 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Pan of Lot 18, Concession 2, Town of Picketing (A 23/97; 18T-97016) WHEREAS an amendment to By-law 3036, as amended, to permit the establishment of detached dwellings on the subject lands, is deemed necessary by the Ontario Municipal Board pursuant to section 34(11) of the Planning Act; NOW THEREFORE THE ONTARIO' MUNICIPAL BOARD BY ORDER AMENDS BY-LAW 3036, AS AMENDED, AS FOLLOWS: $cm DUL£ I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions &this By-law shall apply to those lands in Pan of Lot 18, Concession 2, in the Town ofPickering, designated "R3-8", "S 1-12", "S2-13", "S 1" and "S2" on Schedule I attached hereto. GENERAL PROXqSIONS No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFLNITIONS In this By-law, (1) (a) "Dwellin~" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwellina Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; -2- (2) O) (4) (5) (c) (d) (a) (b) (a) (b) (c) (a) (b) (c) "Dwellin=. Sinnl_ ~ ~r ~in~le Dwellin_~" shall mean a dwelling containing one dwelling unit and uses accessory thereto; "Dwellinz Detached or Detached Dwelline" shall mean a single dwelling which is freestanding, separaIe and detached from other main buildings or structures; "Floor Area - R~$idential" shall mean the area of the floor surface contained within the outside walls of a storey or pan of a storey; "Gross Floor Area - Residential" shall mean the aggregate of the floor areas ofall storeys of a building or structure, or pan thereof as the case may be, other than a private garage, an attic or a cellar; "Lot" shall mean an area ofland fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with an), accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; "Lot Coveraee" shall mean the percentage of lot area covered by all buildings on the lot; "Lot Fronta~ze" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant f~om the front lot line; "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; "Fr0nl Yard" shall mean a yard ex~ending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; "Front Yard Deoth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; -3- (d) ~[L~IL.Y. LT~ shall mean a yard extending across the full width of a lot between the rear lot Line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard D~th" shall mean the shortest horizontal dimension ora rear yard of a lot between the rear lot tine, or where there is no rear lot line the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; ' (0 "Side Yard" shall mean a yard ora lot extending from the fi.om yard to the rear yard and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yar~l Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a meet; (i) "Flanka~ze Side Yar~l Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS ("R3-8", "S1-12" and "S2-13" Zones) (1) e.~ ("R3-8", "S1-12" and "S2-1Y' Zones) No person shall, within the lands designated "R.3-8", "S1-12" and "S2-13" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: ' (a) detached dwelling use. -4- (2) Zone Re0_uirement$ ("R.3-8", 'S1-12" and "S2-13" Zones) No person shaH, within the lands designated "R3-8", "S1-12" and '52-13" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): (i) on the lands designated "R3-8": (ii)on the lands designated "S 1-12": (iii) on the lands designated "S2-13": (b) LOT FRONTAGE (minimum): (i) on the lands designated "R3-8": (ii)on the lands designated "S1-12": (iii) on the lands designated "S2-13": (c) FRONT YARD DEPTH (minimum): (d) INTERIOR SIDE YARD WIDTH (minimum): (i) on the lands designated "R3-8": A B (ii) (iii) 550 square metres; 450 square metres; 390 square metres; 18 metres; 15 metres: 13 metres; 4.5 metres; 1.2 metres provided to the nearest wall of a private garage attached to the main dwelling; and 1.8 metres provided to any other wall of'the main dwelling; on the lands designated "S1-12": A minimum 1.2 metres each side; or B minimum 1.8 metres one side and no minimum other side; on the lands designated "S2-13" A minimum' 1.2 metres one side, 0.6 metres other side; or -5- re) (t3 (g) (h) 6) B no minimum one side so long as on the other side: 0) at least 1.2 metres interior side yard width is provided to the nearest wall of a private garage; and CII) at least 1.8 metres interior side yard width is provided to any other wall of the main dwelling; FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres; REAR YARD DEPTH (minimum): LOT COVERAGE (maximum): BLrlLDING HEIGHT (maximum): 7.5 metres; 38 percent; 12 metres; DWELLLNG UNIT REQUIREMENT: maximum one dwelling unit per lot and minimum gross floor area - residential ofl00 square metres; PARSC~G REQL~IREF.~ENT: minimum one private garage per lot, any vehicular entrance of which shall be located not less than 6.0 metres from the fi'ont lot line and not less than 6.0 metres fi.om any side lot line immediately adjoining or abutting a reserve on the opposite side of which is a street; (k) SPECIAL REGULATIONS: (i) (ii) (iii) despite the side yard width provisions of Section 5(2)(d) above, the minimum side yard width adjacent to a walkway shall be 1.2 metres; despite the rear yard provisions of Section 5(2)(13 above, for lots illustrated with "hatching" on Schedule I attached hereto, any dwelling shall be set back a minimum 10.0 metres, and any accessory structure shall be set back a minimum 3.5 metres, from the rear property line; no pan of any private garage shall extend more than 2.0 metres beyond the wall containing the main entrance to the dwelling unit, except were a covered and unenclosed porch or verandah extends a minimum 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of an)' private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit. -6- o PROVISIONS ("SI" and "S2" Zones) (1) Uses Permitted ("SI" and "S2" Zones) No person shall, within the lands desigmted "S l" and "S2" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) detached dwelling use. (2) Zone Reouirements ("SI" and S2" Zones) No person shall, within the lands designated "S 1" and "S2" on Schedule I attached hereto, use any 1o! or erect, alter or use any building or structure except in the accordance with the following provisions: (a) LOT AREA (minimum): (i) on the lands designated "SI" 450 square metres; (ii) on the lands designated "S2" 400 square metres; (b) LOT FRONTAGE (minimum): (i) on the lands designated "SI" 15 metres; (ii) on the lands designated "S2" 13.5 metres; (c) FRONT YARD DEPTH (minimum): .4.5 metres; (d) SIDE YARD DEPTH (minimum): (i) on the lands designated "SI" A minimum 1.2 metres each side; or B minimum 1.8 metres one side and no minimum other side; (ii) on the lands designated "S2" A minimum 1.2 metres one side, 0.6 metres other side; or B no minimum one side so long as on the other side: -7- (e) (0 (g) (h) (i) (I) at least 1.2 metres interior side yard width is provided to the nearest wall of a private garage; and (II) at least 1.8 metres interior side yard width is provided to any other wall of the main dwelling; FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres; REAR YARD DEPTH (minimum): 7.5 metres; LOT COVERAGE (maximum): 38 percent; BUILDING HEIGHT (maximum): 12 metres; DWELLING UNIT REQ~IVI~NT: maximum one dwelling unit per lot and minimum gross floor area - residential of 100 square metres; PARKING REQUIREMENT: minimum one private garage per lot attached to the main dwelling, an)' vehicular entrance of which shall be located not less than 6.0 metres fi.om the fi.ont lot Line and not less than 6.0 metres fi.om any side lot line immediately adjoining or abutting a reserve on the opposite side ofwhich is a street; (k) SPECIAL KEGULATIONS: i) the horizontal distance between buildings on adjacent lots shall not be less than 1.2 metres; ii) notwithstanding Section 6(2)(0, the lots identified in tone on Schedule I to this by-law shall have a minimum rear yard depth of 10 metres, and any accessory structure shall be set back a minimum of 3.5 metres, fi.om the rear property line. ~]_Q.~ ("PU" Zone) (1) Uses Permitted ("PU" Zone) No person shall, within the lands designated "PU" on Schedule "I" attached hereto, use any lot or erect, alter or use an)' building or structure for an)' purposes except the following: (a) sewage pumping station. -8- 8. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. De~nitions and subject matters not speciiic~y dealt with in this By-law shah be governed by the relevant provisions of By-law 3036, as amended. 9. EFFECTIVE DATE This By-law shall take effect from the date of the Order ofthe Ontario Municipal Board. R3-8 R3-8 S1-12 S2-13 S2-13 ~S2-13 S2-1 ~,',/,.~,/~,',,,~ LO-rS REOUIRING A MINIMUM lO.Om REAR LOT DEPTH ¥..'/'//.,'. '~ SCHEDULE I TO BY-LAW 5548/99 AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATED Au.~u.~t 3z, z9~9 (O.M.B. FILE Z980087) RECEIVED TOWN OF PICKERING SEP - 3 1999 Ontario CLERK'S DEPARTMENT Ontario Municipal Board Commission des affaires municipales de I'Ontario PL980533 Marianna Gardens Limited has appealed to the Ontado Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, from the failure of the Regional Municipality of Durham to make a decision respecting a proposed plan of subdivision on lands composed of Part of Lot 18, Concession 2, in the Town of Pickering Region's File No. 18T-97016 OMB File No. S980067 Marianna Gardens Limited has appealed to the Ontado Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law No. 3036 of the Town of Pickering to rezone lands respecting Part of Lot 18, Concession 2 from A to R3-X, S1-X, S3-X, and S1 and S2 in order to implement draft Plan of Subdivision 18T-97016 OMB File No. Z980087 BEFORE: G.A. HARRON ) Member ) ) on Tuesday, the 31" day ofAugust, 1999 THESE MATTERS having come on for public hearing; THE BOARD ORDERS that the appeal is allowed, and By-law No. 3036, as amended is hereby amended in the manner set out and attached hereto as Attachment "1". The municipality is authorized to assign a by-law number or other number to amendments made through this order for record keeping purposes; In addition, the Board approves the draft plan of subdivision prepared by Macaulay Shiomi Howson Ltd., Municipal and Development Planning Services, dated May 11, 1998 and revised on May 26, 1999, attached hereto as Attachment "2", subject to the conditions attached hereto as Attachment "3". SECRETARY Attachment "1" CORPORATION OF TRE TOWN OF PICKERING BY-LAW NUMBER' Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part of Lot 18, Concession 2, Town ofPickering. (A 25/97; 18T-97016) WHEREAS an amendment to By-law 3036, as amended, to permit the establishment of detached dwellings on the subject lands, is deemed necessary by the Ontario Municipal Board pursuant to section 34(l 1) of the Planning Act; NOW THEI~FOKE THE ONTARIO' MUNICIPAL BOARD BY ORDER AMENDS BY-LAW 3036, AS AMENDED, AS FOLLOWS: 1. SCI~D~E I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part &this By-law. 2. AREA RESTRICTED The provisions ofthis By-law shall apply to those lands in Part of Lot 18, Concession 2, in the Town of Pickering, designated "R3-8", "S 1-12", "S2-13 ", "S 1" and "S2" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, structure, land or pan thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFLNITIONS In this By-law, (1) (a) "Dwelling" shall mean a building or pan of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; -2- (2) O) (4) (5) (c) (d) (a) (a) (b) (c) (a) (b) (c) "Dwelling. Sinale or Sinale Dwellint" shall mean a dwelling containing one dwelling unit and uses accessory thereto; Detached or Detached Dwellimt" shall mean a single dwelling which is freestanding~ separate and detached from other main buildings or structures; "Floor Area - R~idential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; "C;rross Flgor Area - Residential" shah mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; ~ shall mean the percentage of lot area covered by all buildings on the lot; ~ shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.$ metres distant from the front lot line; "Private C-ara~e" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; "Yard" shall mean an area of land which is appunenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, strucuires, or other uses as are specifically permitted thereon; "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of'the nearest main building or structure on the lot; "Front Yard Detnh" shall mean the shortest horizontal dimension of a frOnt yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; -3- (d) "Rear Y~d" shall mean a yard ~xtending across the full width of a lot between the re. ar lot line of the lot, or where there is no r~x lot line, the junction point of the side lot lines, and the ne, arm wall of the nearest main building or structure on the lot; (e) "Rear Yard Der_ ~h" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line, or where there is no rear lot line the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; ' (0 "Side Yard" shall mean a yard of a lot extending from the ~ont yard to the rear yard and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side yar~t Wiglth" shall mean the shortest horizontal dimension ora side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) i'Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankale Side Yard Wiglsh" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side ofwhich is a street and the nearest wall of the nearest main building or structure on the lot; "Interior Sigl¢ Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS ("R3-$", "S1-12" and "S2-13" Zones) (1) Uses Permitted. ("R3-8", "S1-12" and "S2-13" Zones) No person shall, within the lands designated "R3-8", "S1-12" and "S2-13" on Schedule ! attached hereto, use any lot or erect, alter or usc any building or structure for any purpose except the following: (a) detached dwelling use. -4- (2) Zone Re0uirements ("R3-8", "Sl-12" and 'S2-13" Zones) No person shall, within the lands designated 'R3-8", "Sl-12" and "52-13" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): (i) on the lands designated "R3-8": (ii)on the lands designated "S1-12": (iii) on the lands designated "S2-13"' (b) LOT FRONTAGE (minimum): (i) on the lands designated "R3-$": (ii)on the lands designated "51-12" (iii) on the lands designated "S2-13": (c) FRONT YARD DEPTH (minimum): (d) INTERIOR SIDE YARD WIDTH (minimum): (i) on the lands designated "R3-8": A B (ii) (iii) 550 square metres; 450 square metres; 390 square metres; 18 metres; 15 metres: 13 metres; 4.5 metres; 1.2 metres provided to the nearest wall of a private garage attached to the main dwelling; and 1.8 metres provided to any other wall of the main dwelling; on the lands designated "S 1-12": A minimum 1.2 metres each side; or B minimum 1.8 metres one side and no minimum other side; on the lands designated "S2-13" A minimum 1.2 metres one side, 0.6 metres other side; or -5- (e) (0 (h) 6) B no minimum one side so long as on the other side: 0) at least 1.2 metres interior side yard width is provided to the nearest wall of a private garage; and (II) at least 1.8 metres interior side yard width is provided to any other wall of the main dwelling; FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres; REAR YARD DEPTH (minimum): 7.5 metres; LOT COVERAGE (maximum): 38 percent; BUILDING HEIGHT (maximum): 12 metres; DWELLING UNIT REQUIREMENT: maximum one dwelling unit per lot and minimum gross floor area - residential ofl00 square metres; PARKING REQUIR.EMENT: minimum one private garage per lot, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting a reserve on the opposite side of which is a street; (k) SPECIAL REGULATIONS: (i) despite the side yard width provisions of Section 5(2)(d) above, the minimum side yard width adjacent to a walkway shall be 1.2 metres; (ii) despite the rear yard provisions of Section 5(2)(0 above, for lots illustrated with "hatching" on Schedule I attached hereto, any dwelling shall be set back a minimum 10.0 metres, and any accessory structure shall be set back a minimum 3.5 metres, from the rear property line; (ui) no part of any private garage shall extend more than 2.0 metres beyond the wall containing the main entrance to the dwelling unit, except were a covered and unenclosed porch or verandah extends a minimum 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of an)' private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit. -6- ]~ROVISIONS ("S 1" and "S2" Zones) (1) Uses Permitted ("Sl" and "S2" Zones) No person shaH, within the lands designated "S 1" and "S2" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) detached dwelling use. (2) ~Qne ReQuirements ("Sl" and SlI" Zones) No person shall, within the lands designated "$1" and "S2" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in the accordance with the following provisions: (a) LOT AREA (minimum): (i) on the lands designated "SI" 450 square metres; (ii) on the lands designated "S2" 400 square metres; (b) LOT FRONTAGE (minimum): (i) on the lands designated "SI" 15 metres; (ii) on the lands designated "S2" 13.5 metres; (c) FRONT YARD DEPTH (minimum): 4.$ metres; (d) SIDE YARD DEPTH (minimum): (i) on the lands designated "Sl" A minimum 1.2 metres each side~ or B minimum 1.8 metres one side and no minimum other side~ (ii) on the lands designated "S2" A minimum 1.2 metres one side, 0.6 metres other side~ or B no minimum one side so long as on the other side: -7- 0) 0I) at least 1.2 metres interior side yard width is provided to the nearest wall of a private garage; and at least 1.8 metres interior side yard width is provided to any other wall of the main dwelling; (e) FLANKAGE SIDE YARD WIDTH (minimum): (f) REAR YARD DEPTH (minimum): (g) LOT COVERAGE (maximum): (h) BUILDING HEIGHT (maximum): 0) (J) 2.7 metres; 7.5 metres; 38 percent; 12 metres; DWELLING UNIT REQUIREMENT: maximum one dwelling unit per lot and minimum gross floor area - residential of 100 square metres; PARKING REQUIREMENT: minimum one private garage per lot attached to the main dwelling, an)' vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting a reserve on the opposite side of which is a street; (k) SPECIAL REGULATIONS: i) the horizontal distance between buildings on adjacent lots shall not be less than l .:2 metres; ii) notwithstanding Section 6(2)(0, the lots identified in tone on Schedule I to this by-law shall have a minimum rear yard depth of 10 metres, and any accessory structure shall be set back a minimum of 3.5 metres, from the rear property line. ~.]I.Q_.~=~_Q.~ CPU" Zone) (1) Uses Permitted CPU" Zone) No person shall, within the lands designated "PU" on Schedule "I" attached hereto, use any lot or erect, alter or use an)' building or structure for an5' purposes except the following: (a) sewage pumping station. -8- 8. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions ofthis By-law as it applies to the area set ou~ in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions orBy-law 3036, as amended. 9. EFFECTIVE DATE This By-law shall take effect from the date of the Order of the Ontario Municipal Board. R3-8 R3-8 S1-12 S2-13 S2-13 ' S2-1 ~S2-1 PU LOTS REQUIRING A MINIMUM 100m REAR LOT DEPTH SCHEDULE I TO BY-LAW AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATED (O.M.B. FILE Z980087) Attachment "2" BROCK ROAD (REG ROAD ~ ......... ~ '~' ....... i w::; i I I :,,; I I I- ;:; .I I '" !1 ._.1 i' --- I I i ~-- I I I . ~-- .,. I :: ......  :':' ::: I :,:. ::: I ::: :~: '-- I 3' I ::: :~: I Attachment "3" PL9#0533 CONDITIONS OF DRAFT APPROVAL FOR DRAFT PLAN OF SUBDIVISION 18T-97016 $CttEDULE "A " The Owner shall submit a Draft 40M-Plan for approval by the Town of Picketing in which no lot is less than 13 metres in frontage and the road layout reflects the plan put to the Board. o The Owner shall dedicate road allowances included in this draft plan as public highway on the final plan. The Owner shall name the road allowance included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Town of Picketing. The Owner shall convey any 0.3 metre reserves shown on the draft plan, to the Town of Picketing. The Owner shall submit to the Town of Pickering for review and approval: a grading and control plan; a geotechnical soils analysis; a tree preservation and street tree planting program; and, a siting and architectural design statement. The Owner shall submit to the Town of Picketing and Toronto and Region Conservation Authority for review and approval, an edge management plan pr~ared for that portion of the development adjacent to Toronto and Region Conservation Authority lands in order to assess such impacts as hazard trees, fencing requirements, grading and drainage. The Owner shall grant such e. asemems as may be required for utilities, drainage, and servicing purposes to the appropriate authorities. The Owner shall obtain final approval of zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. The Owner shall submit a noise study addressing the mitigation of noise impacts of Brock Road, to the Regional Municipality of Durham and Town of Picketing for review and approval. 10. Prior to an), on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Town of Picketing, a construction management report outlining site management measures to be undertaken during construction. Construction traffic shall be restricted to Southcott Road, and, at the owner's expense, the services of a crossing-guard shall be provided during hours determined by the Town in consultation with school officials. PL980555 Page 2 11.' 12. 13. 14. 15. 16. 17. 18. 19. Prior to any on-site grading or construction or fnal registration of the plan, the Owner' shall submit and obtain approval from the Miniswy of Citizenship, Culture, and Recreation, an archaeological assessment of the lands, prepared by a qualified professional. Prior to any on-site grading or construction or fimtl re~isu~on of the plan, the Owner shall satisfy the Town of Picketing and Toronto and R~on Conservation Authority with respect to stormwater management and services. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. Such sanitary sewer and water supply la.ties are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions and facilities, including the sewage pumping station, are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. The Owner shall submit for the review and approval of the Town of Picketing and the Regional Municipality of Durham, siting, schematic, and exterior design details of the sanitary sewer pumping station. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. The Owner shall satisfy all requirements, financial and otherwise, of the Town of Picketing. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Town of Picketing concerning the provision and installation of roads, services, drainage and other local services, and parkland dedication. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewerage facilities, water supply, roads and other regional services. The Owner shall demonstrate to the satisfaction of the Town of Pickering that it has made satisfactory arrangements with the appropriate ~uthotities regarding the provision of underground wiring, street lighting, cable television, natural gas, postal boxes and other similar services. The subdivision agreement between the Owner and the Town of Picketing shall contain, among other matters, the following provisions. (a) the Owner agrees to carry out the works referred to in Condition 12 to the satisfaction of the Toronto and Region Conservation Authority; PL980355 .Page $ (b) the Owner agrees to maintain all stormwater management and erosion and sedimentation comrol structures operating and in good repair during the construction period, and storm mn-off overland flow routing in a manner satisfactory to the Toronto and Region Conservation Authority; (c) that a fence satisfactory to the Town of Picketing and Toronto and Region Conservation Authority is erected at the rear of Block 1, and lots I to 14, and 16 to 31; (d) the Owner agrees to obtain all necessa~ permits in accor~ce with Ontario Regulation 158; (e) that a homeowners/buyers information package be prepared satisfactory to the Town of Picketing and Tor6nto and Region Conservation Authority, and provided to all purchasers of lots 20 to 31 identifying the significant valley land and woodlot features on-site and adjacent property, and the importance of maintaining and enhancing these natural heritage features; and (0 thai a coordinated approach to the joint development of remnant blocks of Registered Plan 40-1771, and the appropriate partial blocks of this plan, is arranged to the satisfaction of the Town of Pickering; 20. The Owner shall grade and fence Block 6 to the satisfaction of the Region, and convey Block 6 to the Region, subject to easements in favour of the Town of Picketing 21. Prior to final approval of this plan for registration, the Ontario Municipal Board shall be advised in writing by: (a) the Town of Picketing, how Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 16, 18, 19, 20 and 32 have been satisfied; (b) the Regional Municipality of Durham, how Conditions 3, 9, 13, 14, 15, 17, and 20 have been satisfied; and (c) the Ministry of Citizenship, Culture, and Recreation, how Condition 11 has been satisfied; and (d) the Toronto and Region Conservation Authority, how Conditions 6, 12, and 19 (a), Co), (c), (d), and (e) have been satisfied. The following additional conditions put forward by the residents and agreed to by the applicant will also apply. 22. Hours of construction on the Marianna Gardens site will be restricted to the hours of 7:00 a.m. to 7:00 p.m. PL980533 Page 4 23. 24. 25. The construction site will be gated at the current 'end of South. cott Road (a/ter the initial entrance road is constructed). The developer shall erect a minimum 6-foot chain link fence between any adjacent property in Buckingham Gate and the construction site. If the adjoining property owners and the developer agree on a different type fence, ~ory to the Town providing it is consistent in type the full length, that will satisfy this condition. The current barrier in place on Canterbury Avenue will remain until the end of construction. 26. 27. 28. 29. 30. 31. Signage denoting time restrictions for inbound and outbound construction related access to be placed at the front entrance of Buckingham Gate. Signage denoting "No construction traffic beyond this point" to be placed at the Southcott Road and Canterbury Avenue access, Conacher Crescent and Southcott Road intersections and the Hadrian Court intersection. "Chevron Markings" on the road surface, according to Town standards, placed at an appropriate distance on both sides of a crosswalk denoting school zone. The installation of a crosswalk with overhead lighting is to be negotiated between the School Board, developer and the Town. No parking of any vehicles associated with the construction of Marianna Gardens Ltd. on Southcott Road once the entrance road into Marianna Gardens is constructed. Conditions 22 - 30 inclusive shall be included in the development agreement with the Town.