HomeMy WebLinkAboutBy-law 2927-88THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW N02927 /88
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 33, Concession 1, Pickering (Draft
Plan 18T-84015; Petrou/Lioukras)
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 33,
Concession 1, Pickering, has been approved by the Council of The Corporation of the
Town of Pickering and the Regional Municipality of Durham, subject to several con-
ditions, one of which requires the entering into of a satisfactory Subdivision Agree-
ment with The Corporation of the Town of Pickering;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree-
ment, in the form attached hereto as Schedule A, respecting the development of
that part of Lot 33, Concession 1, Pickering, included in Draft Plan 18T-84015
(Petrou/Lioukras).
BY-LAW read a first, second and third time and finally passed this 17th day of
October, 1988.
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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NOa927 /88
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 33, Concession 1, Pickering (Draft
Plan 18T-84015; Petrou/Lioukras)
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 33,
Concession 1, Pickering, has been approved by the Council of The Corporation of the
Town of Pickering and the Regional Municipality of Durham, subject to several con-
ditions, one of which requires the entering into of a satisfactory Subdivision Agree-
ment with The Corporation of the Town of Pickering;
IVOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Subdivision Agree-
ment, in the form attached hereto as Schedule A, respecting the development of
that part of Lot 33, Concession 1, Pickering, included in Draft Plan 18T-84015
(Petrou/Lioukras).
BY-LAW read a first, second and third time and finally passed this 17th day of
October, 1988.
TOWN OF
PI;;KER�NG
APP20VED
AS TO f�RM
LEGAL D"Pf.
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Sche�ule A
THIS AGREEMENT made this 17th day of October, 1488
B E T W E E N:
STAMATOULA PETROU
PANGIOTA PETROU,
ACHILLES LIOUKRAS and
CHRISTINE LIOUKRAS
hereinafter collectively called the "Qwner"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS, the Owner proposes to subdivide part of Lot 33, Concession 2, in the
Town of Pickering in the Regional Municipality of Durham, and to register a plan of
subdivision of those lands, as shown on a draft plan of subdivision designated as
Draft Plan Number 18T-84015, as revised;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed plan of subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other as follows:
1. LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots 1 to 37, both
incluaive, Blocks 38 to 58, both inclusive, and Blocks 69, 70 and 71, Plan
40M- , Pickering.
2. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before June 30,
1989, the Town may, at its option on one month's notice to the Owner, declare
this Agreement to be null and void and of no further effect, and the Town
shall not be liable for any expenses, costs or damages suffered by the Owner
as a result thereof.
3. 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 and shall be
effective as of the second day immediately following the date of the deposit
thereof in the Post Office.
4. INTERPRETATION
(1) 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.
(2) Schedules A, B and C attached hereto shall form part of this Agreement.
5. TIME
Time shall be of the essence of this Agreement.
b. BINDING PARTIES
This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
7. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands,
or any part thereof, to enter upon the Lands in order to comply with the
provisions of this Agreement.
8. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
nez, for the Town, all the municipa] services as hereinafter set forth to the
satisfaction of the Town of Pickering, and shall complete, perform or make
payment for such other matters as may be provided for herein.
9. CONSULTING ENGINEERS
(1) The 'Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner to carry out all the necessary engineering and to supervise
generally the work required to be done for the development of the plan of
subdivision.
(2) 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.
10. STORM DRAINAGE
(1) The Owner shall construct a complete storm water drainage and manage-
ment system, including storm connections to the street iine and catch
basin leada to service all the lands in 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 be 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 within or outside the lands
affected hereby to service the plan of subdivision and the lands outside
the plan of subdivision, which in the opinion of the Director of Public
SVorks, will require 9ts use as a trunk outlet.
(3) Should, in the opinion of the Director of Public Works, 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 authorize connection into any part of the
system but such connection shall not constitute acceptance of the sewer
system by the Town.
(5) No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
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12.
13.
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ROADS - ROUGH GRADE
(1) Prior to the installation or construction of the m unicipal 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 utilitiea.
ROADS - PAVED
(1) The Owner shall construct the roads shown on the plan of subdivision
according to the Town's specifications for paved roads of the Town in
effect at the date hereof.
(2) Until assumption hy the Town, the �wner shall maintain and repair roada
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 mud, dust, refuse, rubbish or
other litter of all types.
(3) The Owner shall erect and maintain adequate signs to warn all persons
using the roads in the plan that the maintenance of them has not been
assumed by the Town from the time that they are opened until formal
assumption by the Town.
(4) Such signs and the location thereof are subject to the approval of the
Town's Director of Public Works.
CURBS & GUTTERS
(1) The Owner shall construct curbs
structed pursuant to section 12,
Town in effect at the date hereof
formally accepted by the Town.
and gutters on the roads to be con-
according to the specifications of the
and shall maintain them until they are
(2) If any curb depressions are not located correctly with respect to a drive-
way, the Owner shall construct a curb depression in the correct location
and fill in the original curb depression according to the specifications.
SID EW ALK S
(1) The Owner shall construct the following segment of sidewalk in accordance
with the time limits set out in section 1 of Schedule A:
(a)
(b)
along the east side of Westcreek Drive and the south side of
Pinegrove Avenue adjacent to Slocks 69 and 66; and
along the north side of Pinegrove Avenue adjacent to Blocks 70,
71 and 65. �
(2) The Owner shall construct the following segments of sidewalk, in each
case within six months immediately following the occupancy of the first
dwelling unit to be occupied on any lot or block adjacent to that segment,
despite the provisions of section 1 of Schedule A:
(a) adjacent to Block 58 and Lots 34 to 37 on the east side of
Sandhurst Crescent (east portion) and on the north side of
Pinegrove Avenue;
(b)
(c)
adjacent to Block 56 and Lots 26 to 30 on the east side of Meldron
Drive and the north side of Pinegrove Avenue;
adjacent to Lots 21 and 22 on the north side of Pinegrove
Avenue;
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(d) adjacent to Lots 1 to 9 and Blocks 38 to 40 on the west side of
Westcreek Drive and the south side of Pinegrove Avenue; and
(e) adjacent to Block 41, Lots 10 to 14 and Block 48 on the north
west side of Pinegrove Avenue and the south side of Sandhurst
Crescent (west partion).
(3) Deapite the provisions of subsection (2), where the occupancy of the first
dwelling unit occurs in November or December of any year, the time limit
for construction of the adjacent sidewalk segment shall be extended to
June 30 in the following year.
(4) The Owner shall maintain each sidewalk segment until it is formally ac-
cepted by the Town.
15. ELECTRICAL SERVICES
Where electricity, cable television service or telephone service is to be provided
to any lot or block in the plan, it shall be provided underground and in accor-
dance with the standards and specifications of Pickering Hydro-Electric Commis-
sion, Pickering Cable T.V. Limited or Bell Canada, as the case may be.
16. STREET LIGHTING
(1) The Owner shall install street lights, including poles and other necessary
appurtenances, on each proposed street in the plan.
(2) Electrical service for street lighting shall be provided underground and
not aboveground.
(3) Street lighting and its related electrical service shall be designed and
installed in accordance with standards established by the Town and in
conformity with the Association of Municipal Electrical Utilities Guide to
Municipal Standard Construction.
(4) The installation of street lighting and its related services shall be under
the supervision and inspection of Pickering Hydro-Electric Commission.
17. INSPECTIONS
(1) Prior to the registration of the plan, the Owner shall pay to the Town
the sum of $1,540 as an engineering drawing inspection fee.
(2) All works required to be constructed by the Owner, except those re-
ferred to in sections 15 and 16 shall be installed under the observation of
Inspectors employed by the Town and the Owner shall pay the costs
incurred therefor within 30 days of invoices being rendered.
(3) The costs referred to in subsection (2) may include, but not necessarily
be limited to, salaries and wages of Inspectors, testing fees and adminis-
tration fees.
18. LIABILITY INSURANCE
(1) Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in form satisfactory to
the Town, naming the Town as an insured and indemnifying the Town
from any loss arising from claims for damages, injury or otherwise in
connection with the work done by or on behalf of the Owner in the plan
of subdivision and elsewhere.
(2) The amount of the Policy shall be $5,000,000.
(3) In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the cost of such renewal or
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renewals within 30 days of the account therefor being rendered by the
Town.
(4) It ahall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
19. PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
60$ performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Pu61ic Works (the
"original value") For the purpose of,
(a)
(b)
(c)
guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
guaranteeing the payment of any amounts payable to the Town
under section 17 of this Agreement;
guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act, 1983, and
(d) guaranteeing all works, workmanship and materials for a period of
2 years from the date that the works are completed and such
completion acknowledged, in writing, by the Director of Public
Works.
(2) The Owner may, at any time after the first 50$, in value, of works have
been canstructed, installed or performed, and paid for, apply for a
reduction in the security and such application shall be made to the Town
Treasurer.
(3) Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
(b)
and
(c)
sixty per cent (60$) of the original value where no certificate or
declaration of substantial performance has been made;
thirty-five per cent (35$) of the original value where,
(i)
(ii)
a certificate or declaration of substantial performance has
been published;
45 days following such publication have expired; and
(iii) all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
seventeen per cent (17$) of the original value where,
(i)
(ii)
a certificate of final completion has been made by the
Owner's Consulting Engineer;
45 days following the making of such certificate have
expired; and
i
(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;
which seventeen per cent (17$) portion shall secure the guarantee of
works, workmanship and materials, until the obligation to guarantee has
expired, when the balance of the security shall be returned to the Owner
subject to any deductions for rectification of deficiencies.
(4) 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.
20. DRAINAGE - SODDING
(1) The Owner shall provide the Town, before commencing any of the work
provided for herein and 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 Agree-
ment, and shall not provide for the drainage of surface run-off water
onto Town-owned parkland, open space or walkways unless provision is
made for the installation by the Owner, at no cost to the Town, of suit-
able swales and catch basins to manage adequately, in the opinion of the
Town's Director of Parks and Recreation, that surface run-off water.
(3) The Grading Control Plan is subject to the approval of the Town's Direc-
tors of Public Works and Parks and Recreation.
(4) The grading of all lands shall be carried out by the Qwner in accordance
with the approved Grading Control Plan, under the supervision of the
Owner's Conaulting Engineer.
(5) If, in the opinion of the Director of Public 6Vorks, 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.
(6) Despite any time limit otherwise applicable pursuant to section 1 of Sched-
ule A, the Owner shall sod the front, side and rear yards of each of the
residential lots and blocks except for paved, planted or treed areas,
within the six months immediately following the occupancy of the first
dwelling unit erected thereon, unless such occupancy occurs in November
or December of any year, in which case the time limit for such sodding
shall be extended to: June 30 in the following year.
21. 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 careleasly 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
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23.
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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 terma of this Agreement, then in any such
case, the said Director of Public Works shall promptly notify the Owner
and hia surety in writing of such default or neglect and if such notifica-
tion be without effect within 10 clear days after such notice, then in that
case, the Director of Public Worka shall thereupon have full authority to
purcha'se such materials, tools and machinery and to employ such workmen
as in his opinion shall be required for the proper completion of the said
work at the cost and expense of the Owner or his surety, or both.
(2) In cases of emergency, in the opinion of the Director of Public Works,
such work may be done without prior notice but the Owner shall be
forthwith notified.
(3) The cost of such work shall be calculated by the Director of Public Works
whose decision shall be final.
(4) It is understood and agreed that such costs shall include a management
fee of twenty per cent (2�$) of the labour and material value, and fur-
ther, a fee of thirty per cent (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.
DEDICATIONS
The Owner shall
(both portions)
of the plan.
dedicate Meldron Drive, Pinegrove Avenue, Sandhurst Crescent
and Westcreek Drive as public highways upon the registration
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 daya immediately following the registration thereof, all of,
(a) Block 59 (Sandhurst Crescent [east portion] reserve);
(b) Block 60 (Meldron Drive reserve);
(c) Slock 61 (Sandhurst Crescent (west portionl reserve);
(d) Blocks 62 and 64 (Pinegrove Avenue reserves); and
(e) Block 63 (Westcreek Drive reserves).
(2) Notwithstanding the provisions of subsection (1), above, a transfer
required therein shall not be deemed to 6e 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.
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 Works or his designate shall
deem necessary for the provision of storm water drainage and management
facilities both within the boundaries of the plan of subdivision and across
]ands adjacent thereto but outside its boundaries.
(2) Such easements shall be subject to the approval of the Director of Public
Works or hia designate as to their location and width.
(3) The construction of any services in such easement or easements referred
to in subsection (1) shall not commence until the easement has been
acquired, unless permission to do so has been obtained by the Owner, in
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writing, from the Town and from the registered owner of the lands across
which the easement shall lie.
GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a)
(b)
(c)
(d)
(e)
(f)
�g)
(h)
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.
Continuation of Existing 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.
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 remoyed, any fill from any
public 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).
(iii) That there shall be no burning of refuse or debris upon its lands
or any public lands.
Construction Traffic
Wherever possible, to ensuxe 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.
QualiWtive 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 account
being rendered by the Town.
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.
Specifications
Unless otherwiae provided,
under this Agreement to the
date hereof.
Temporary Siqns
to perform any work required to be done
specifications of the Town in effect at the
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 �Vorks.
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26.
(i)
ij)
(k)
Permanent Signs
To provide and erect at its own cost, to the specifications of 4he Town,
permanent signa 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.
5now Plowing & Sanding of Roads
(i) 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 time to time
when the Director of Public Works deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
(1) Survey Monuments & Markers
Prior to the acceptance of the subdivision by the Town, to supply a
statement by an Ontario Land Surveyot that, after the completion of the
subdivision work, he has found or re-established 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.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) No building permit shall be isaued for any buiiding or part of a building
in the subdivieion until sewer and water facilities are available, and in
the opinion of the Director of Public Works, capable of providing adequate
service.
iz)
(3)
(4)
No building or part of a building in the subdivision shall be occupied
except upon the issuance of a municipal occupancy permit.
No application for a municipal occupancy permit for a building or part of
a building shall be made except upon the following conditions:
(i)
(ii)
( iii )
Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof:
Electric service is completed and in operation;
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,
are required
structed on
public road.
as in the opinion of the Director of Public Works,
to be completed prior to occupancy have been con-
the said road and extend to an existing maintained
The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
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27. DESIGN PLANNING
(1) The Owner ahall, prior to the issuance of any building permit for the
conatruction of any residential unit on the lands, submit to the Town's
Director of Planning, for approval, a report outlining siting and architec-
tural design objectives for the subdivision, which approval shall not be
unreasonably withheld.
(2) The report referred to in subsection (1) may be required, at the Direc-
tor's option, to provide the following information:
(a) house massing;
(b) streetscape;
(c) exterior materials and colours;
(d) architectural style;
(e) visual variety;
(f) energy conservation measures; and
(g) any other data or information required.
(3) The Qwner shall, prior to the issuance of any building permit for the
construction of a residential unit to be 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.
(4) The plans and drawings referred to in subsection (3) may be required, at
the Director's option, to provide the Following information:
(a)
(b)
(c)
the location of all buildings and structures Co be erected
location of all facilities and works associated therewith;
the location of landscaping features, including trees to
served;
and the
be pre-
streetscape for front and rear elevation at a scale acceptable to
the Director;
(d) streetscape to show all street furniture and vegetation;
(e) the relationship of buildings by blocks; and
(f) any other data or information required.
28. FINANCIAL PAYMENTS
(1) The Owner shall pay to the Town a unit levy in the amount of,
(a) $2,750 per unit if paid in 1988;
(b) $2,875 per unit if paid in 1989; or
(c) $3,050 per unit if paid in 1990 or later.
fnr each dwelling unit to 6e erected in the Plan.
(Z) 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 such
permit with respect to such dwelling unit.
(3) In any event, the Owner shal] pay all levies payable under the provisions
of this section in full no later than 18 months from the date of registra-
tion of the plan.
(4) A letter from the Clerk of the Town advising that the unit levy has been
paid shall be deemed to be a release of this section for the lands referred
to in the said letter.
29. 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 $134,200 as security for the payments referred to in section 28
hereof.
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30. GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agreea with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the plan of subdivi-
sion, as required by law from time to time.
(b) Interest
To pay interest at the rate of eighteen per cent (18$) 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.
(c) Registration Fees
To pay all registration costs incurred by 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.
(d) 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 holdbacks, and there are no claims
for liena 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 liens or otherwise and all costs
in connection therewith.
31. EXPIRY OF SECURITIES
(1) 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.
(2) 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 exgiring security into cash and hold
the cash in lieu of and for the same purposes as any further security.
32. PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shall pay to the Town the sum
of $80,850 in cash or by certified cheque, which sum the Town shall accept in
full satisfaction of the Owner's obligation to provide parkland.
33. TREE PLANTING
(1) The Owner shall plant on road allowances within or adjacent to the plan,
44 trees of a size and type acceptable to the Town.
(2) 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) The trees approved 6y the Town shall 6e planted 6y the Owner when the
boulevard into which they are to be planted is sodded.
(4) If the density is too great to enable 44 trees to be planted, the Owner
shall pay to the Town $100 for every tree which cannot be planted for
tree planting in a public land area within the community in which the plan
is located.
il
34. TREE PRESERVATION
(1) The Owner shall retain, at its own expense, a qualified expert to prepare
a Tree Preservation Program indicating which existing trees shall be
preserved.
(2) The Program shall be submitted to the Director of Planning for review
and approval, and, once approved, shall be implemented as approved
only.
(3) In determining whether or not to approve the Program, the Director shal]
be governed by the Town Tree Preservation Policy in effect at the date
hereof.
(4) 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.
(5) In the event that any tree required to 6e preserved by the approved
Tree Preservation Program is removed or is, in the opinion of the 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, diameter and spe-
cies determined by the Director; such replacement shall be at no cost to
the Town.
(6) The Owner's liability under subsection (5) shall continue until,
(a) ' where the lands upon which the tree is located comprise a res-
idential building lot or block, twelve months after the completion
of the sodding on the lot or block, or
(b) 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 1 of Schedule A of this Agreement.
IN WITNESS WHEREOF, the individuals comprising the Owner have hereunto affixed
their hands and seals and the Town has hereunto affixed it Corporate Seal attested to
by the handa of its authorized officera.
SIGNED, SEALED & DELIVERED
In the presence of
tamatou a etrou
anagiota etrou
c i es Liou ras
ristine iou ras
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
ruce ay or, er
12
ENCUMBRANCER - THE ROYAL BANK OF CANADA
This Agreement shall have priority over and take precedence over all of the rights or
interests of The Royal Bank of Canada, 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 by virtue of any instrument or document registered on
title to the landa affected hereby, or any part of them, prior to the registration of
this Agreement.
Dated at , , 1988.
SIGNED, SEALED & DELIVERED
THE ROYAL BANK OF CANADA
13
1.
SCHEDULE A
TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
(1) In this section, "preservicing" means the undertaking, prior to the
registration of this plan of subdiviaion, of any works or services required
to be undertaken by the provisions of this Agreement, on the Lands or
on any lands adjacent thereto, and "preservice" has a corresponding
meanin g .
(2) The Owner may undertake preservicing limited to earthworks (including
preliminary grading, soil movement and storage) only with the prior
written approval of the Town which may be issued by the Town's Legal
Services Department only after the Owner has,
(a)
(b)
(c)
(d)
executed this Agreement;
supplied a satisfactory liability insurance policy pursuant to
section 18;
provided a Grading Control Plan submission pursuant to section
20 which has been approved, subject only to the provision of
corrected drawings, by the authorities referred to in section
20(3); and
submitted a Tree Preservation Program pursuant to section 34
which has been approved by the authority referred to in section
34(2).
(3) The Owner may preservice this project only with the prior written ap-
proval of the Town which may be issued by the Town's Legal Services
Department only after the Owner has,
(4)
(a)
(b)
(c)
executed this Agreement;
supplied a satisfactory liability insurance policy pursuant to
section 18;
supplied a satisfactory performance and maintenance security
purauant to section 19;
(d) provided a Grading
20 which has been
corrected drawings,
20(3); and
Control Plan submission pursuant to section
approved, subject only to the provision of
by the authorities referred to in section
(e) submitted a Tree Preservation Program pursuant to section 34
which has been approved by the authority referred to in sub-
section 34(2).
Despite the provisions of subsections (2) and (3), preservicing limited to,
(a)
(b)
(c)
(d)
(e)
(f)
(g)
making soil quality and compaction tests,
surveying the boundaries of the Lands and of proposed lots,
blocks and roads thereon,
marking existing and proposed grade elevations,
tests and examinations of the Lands necessary for the preparation
of required pre-development studies,
compliance with an approved Tree Preservation Program;
lawful erection of permitted signs, or
any combination thereof,
shall not require the prior written approval of the Town.
A-1
(5) The Owner shall complete all works, services and requirements under this
Agreement,
(a) within one year of the date of registration of the plan of subdivi-
sion if preservicing (except pre-servicing limited to that de-
scribed in subsections (2) or (4), or both) has occurred with or
without the Town's approvaI, or
(b) within two years of that date if no preservicing (except
pre-servicing limited to that described in subsections (2) or (4),
or both) has occurred.
(6} The Owner shall guarantee all works, workmanship and materials employed
or used in the construction, installation or completion of all works, ser-
vices and requirements under this Agreement for a period of two years
from the date that the works, services and requirements are approved in
writing by the Town.
2. TEMPORARY TURNING CIRCLES
(1) Notwithstanding the provisions of sections 11, 12 and 13 of this Agree-
ment, the Owner shall construct, at its sole expense and to the Town's
specifications, a temporary turning circle on,
(a) Meldron Drive, immediately south of Block 60:
{b) Pinegrove Avenue, immediately north of Block 62;
(c) Sandhurst Crescent (east portion), immediately south of Block 59;
(dj Sandhurst Crescent (west portion), immediateIy east of Block 61;
(e) Westcreek Drive, immediately north of Block 63.
(2) The Owner shall remove, at its sole expense and to the Town's specifica-
tions, 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.
(3) As the temporary turning circles referred to in subsection (1) will be
required only if the sequence of construction in this plan and adjacent
plana warrants it, the Director of Public Worke may waive the con-
struction of any turning circle, at his sole discretion, if that sequence
does not warrant it.
3. DEMOLITION OF EXISTING BUILDINGS
AII buildings and 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.
4. RESERVED FUTURE DEVEL'OPMENT BLOCKS - BLOCKS 44 TO 48
(1) Blocks 44, 45, 46, 47 and 48, shall be reserved for future residential
development; such development shall not commence without the prior
written approval of the Town which may be subject to conditions.
(2) Until such time as Blocks 44, 45, 46, 47 and 48 are developed in
accordance herewith, the Owner shall maintain them in a clean and
orderly condition to the satisfaction of the Town.
5. RELEASED FUTURE DEVELOPMENT BLOCKS - BLOCKS 38 TO 43 AND 49 TO 58
(1) The blocks set out in Column I of the following Table shall be developed
by the Owner only in conjunction with the lands described in Column II
thereof, to provide the number of unita set out in Column III thereof:
A-2
�
7
Item Column I
1, Block 38
2. Block 39
3. Block 40
4. Block 41
5. Block 42
6. Block 43
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Block 49
Block 50
Block 51
Block 52
Block 53
Block 54
Block 55
Block 56
Block 57
Block 58
TABLE
Column II
Block 21,
Block 20,
Block 19,
Block 18,
Block 17,
Block 15,
Block 12,
Block 57,
Block 58,
Block 59,
Block b0,
Block 61,
Black 62,
Block 63,
Slock 64,
Block 65,
Block 68,
18T-84�18,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
18T-84018,
Column III
Phase 1
Phase 1
Phase 1
Phase 1
Phase 1
Phase 1, and
Phase 2
Phase 3
Phase 3
Phase 3
Phase 3
Phase 3
Phase 3
Phase 3
Phase 3
Phase 3
Phase 3
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
(2) The development of the lands described in Columns I and II of Items 1,
2, 4, 13, 14, 15 and 16, of the Table in subsection (1) shall be governed
by the provisions of this Agreement.
(3) The development of the lands described in Golumns I and II of Items 3
and 5 of the Table in subsection (1) shall be governed by the provisions
of the Subdivision Agreement respecting Draft Plan 18T-84018, Phase 1.
(4) The development of the lands described in Columns I and II of Item 6 of
the Table in subsection (1) shall be governed by the provisions of the
Subdivision Agreement respecting Draft Plan 18T-84018, Phase 2.
(5) The development of the lands described in Columns I and II of Items 7 to
12 of the Table in subsection (1) shall be governed by the provisions of
the Subdivision Agreement respecting Draft Plan 18T-84018, Phase 3.
DWELLING UNIT COUNT
(1) In the event
Items 1, 2,
Schedule, 1
pursuant to
required.
that more than 44 units (1 each on the lands described in
4, 13, 14, 15 and 16 of the Table in section 5 of this
each on Lots 1 to 37) are to be constructed in this plan
this Agreement, an amendment to this Agreement shall be
(2) In the event that less than 44 units (as described in subsection (1)) are
to be conatructed in this plan pursuant to this Agreement,
(a)
(b)
the amounts payable to the Town pursuant to sections 17(1) and
32, and
the amount of the security to be provided to the Town pursuant
to section 29,
shall be pro-rated accordingly by the Town without an amendment to this
Agreement.
CONTRIBUTION TO OVERSIZED SERVICE COSTS
The Owner shall, immediately prior to the registration of the plan, pay to,
(a) Danlu Holdings Limited, Perdanco Holdings Ltd. , and Inperdel Holdings
Limited, collectively known as Altona West Developments, the sum of
$ , and,
A-3
(b) 699504 Ontario Ltd., the sum of $ ,
being the cost to those companies of the oversizing of the storm water drainage
and management system constructed or installed by them in the development of
Plans 40M-1507, 40M-1508 and 18T-84018 (Phase 1), a portion of which benefits
the lands in this plan.
8. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS
The Owner shall, immediately prior to the registration of the plan, pay to the
Town the sum of $Z6,500 as its contribution to the cost of the acquisition,
construction and maintenance of Stage 2 of the Petticoat Creek Stormwater
Detention Pond, to be ]ocated in Lot 32, Concession 1, Pickering, together with
the necessary easements and rights-of-way for vehicular and pedestrian access
thereto from Altona Road.
9. CONTRIBUTION TO ADJACENT SERVICE COSTS
The Owner shall, immediately prior to the registration of the plan, pay to the
Town the sum of $7,500 as its contribution to the cost of the construction and
installation of a sidewalk and upgraded street lighting on Altona Road adjacent
to the plan.
A-4
SCHEDULE B
1. SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF
DURHAM
The sections set out in this Schedule represent provisions not affecting the
Town but required to be inserted in this Agreement by the conditions of draft
approval (hereinafter referred to as the "Approval"), dated June 28, 1988, as
amended July 12, 1988, of Draft Plan 18T-84015 (Revised? by the Commissioner
of Planning of the Regional Municipality of Durham and 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.
2. 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
in Condition 11 of the Approval and apply for all necessary permits.
(2) The Owner shall not place fill, grade, construct any buildings or struc-
tures without prior written approval being given by M.T.R.C.A.
(3) The Owner shall submit individual lot, site and grading plans to the
M.T.R.C.A. for its review and approval for Lots 34 to 37 and Block 58.
These plans shall be submitted prior to the issuance of building permits
by the Town. No building openings will be permitted below 129.2 metres
on these lots.
(4) The Owner shall, prior to the initiation of any grading or construction,
erect a temporary snow fence or other suitable barrier along the rear
boundary of Lots 34 to 37 inclusive and Block 58 and along both sides of
Pinegrove Avenue east of Westcreek Drive.
3. MINISTRY OF THE NATURAL RESOURCES ("M.N.R.")
(1) The Owner shall carry out or cause to be carried out, to the satisfaction
of M.N.R., the recommendations referred to in the report required in
Condition 16 of the Approval.
(2) The Owner shall maintain all stormwater management and erosion and
sedimentation control structures operating and in good repair during the
constFUCtion period, in a manner satisfactory to M. N. R. and to advise
M.N.R. 48 hours prior to commencement of grading or the initiation of
any on site works.
�
SCHEDULE C
1. . FUTURE CONTRIBUTIONS TO OVERSIZING COSTS
(1) In the event that the storm water drainage and management system
required by the Town to be constructed by the Qwner pursuant to the
provisions of section 10 of this Agreement is to be of a larger capacity,
in whole or in part, than necessary to service all the lands in the plan of
subdivision, then the provisions of this section shall apply,
(2) Within b0 days of the verification by the Town's Director of Public Works,
of the satisfactory completion of the storm water drainage system, or any
part thereof, as the case may be, as provided for in section 19(3) of this
Agreement, the Owner's Consulting Engineer shall provide to the Town,
in a form satisfactory to the Town,
(a) a detailed summary of the Owner's actual cost of the design and
construction of the required storm water drainage and management
system, excluding lateral connections but including the costs of
acquisition of lands outside the plan; and
(b) a detailed estimate of the Owner's probable cost thereof had the
system been required by the Town to service only the lands in
the plan.
(3) Within 30 days of the receipt by the Town of the summary and estimate
referred to in subsection (2), 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 outside the plan of subdivision, if any, that
the storm water drainage and management system shall be deemed
to service for the purposes of this section (the "external lands");
(b) the portion of the Owner's actual cost, referred to in subsection
{2), that the Town shall deem to be applicable to the external
lands for the purposes of this section (the "oversizing cost" );
and
(c) the amount of the oversizing cost that the Town shall deem to be
applicable to each hectare of the external lands (the "per hectare
oversizing cost") ,
and that determination shall be final.
(4) In the event that the external 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 endeav-
our 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
oversizing cost,
(a) calculated according to the gross area immediately prior to devel-
opment of the external lands to be developed and the per hectare
oversizing tost, and
(b) adjusted annually, for a maximum of five years from the date of
the notification referred to in subsection (3), above, according to
the Southam Construction Cost Index for Ontario, composite
portion .
(5) 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,
G1
the Town, its officers and employees and their respective heirs, execu-
tors, adminiatrators, 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, £ailure or negligence in the application thereof.
G2
��
>
5. DRAFT PLAN OF SUBDIVISION 18T-84015(R)
AND REZONING APPLICATION A 20/84 SUBMITTED
BY W. AND A. PETROU AND A. AND C. LIOUKRAS
ON THE WEST SIDE OF ALTONA ROAD, NORTH OF
TWYN RIVERS DRIVE
��9I FILE NUMBER - B 4100 - 18T-84015(R)
FILE NUMBER - B 2310 - A 20/84
That Town Council recommend to Regional Council that Draft
Alan of Subdivisiort 19T-84015(R1, submitted by W. 3 A.
Petrou and A. & C. Lioukras on lands being Part of Lot 33,
Concession 1, Town of Pickering, be APPROYED, subject to
the foliowing Conditions:
1. That this recommendation apply to the plan prepared
by Grant Morris Associates Ltd., revision date
December 31, 1987, as revised in red and bearing the
Town's recommendation stamp.
2. That the owner make satisfactory arrangements with
the Town regarding the required parkland dedication.
3. That the owner enter into a subdivision agreement
with and to the satisfaction of the Town.
4. That the owner make satisfactory arrangements
regarding the provision of all services required by
the Town,
5. That the owner agree to dedicate all road allowances
with proper corner roundings and sight triangles to
the Town.
6. That the owner agree to convey to the Town:
a) Lhe 0.3 metre reserves shown as Blocks 59 to 64
inclusive;
b) any other easements as required.
7. That the owner make satisfactory arrangements with
the appropriate authorities regarding the provision
of underground wiring, street lighting, cable
television and other similar services.
8. That the streets within the draft plan be named to
the satisfaction of the Town.
9. That the owaer submit for approval by the Town, site
plans and streetscape elevations showing the location
issuanceaof�anyit�uilAing permiLs1dings prior to the
�
;i, � ; �
APR 5 �yoo
5. 10. That prior to final registration of this plan, the
owner:
a) submit a Draft 40�•1-Plan to be approved by the
Town Planning Department;
b) submit a detailed tree inventory and
preservation programne to the satisfaction of
the Town and agree that no trees be removed
until such time as this programme has been
approved by the TOMR except as authorized by
the Director of Parks and Recreation;
c) satisfy the Town with respect to the necessary
financial contributions to the required
stormwater detention pond (Petticoat Detention
Pond) and downstream trunk storm facilities;
d) satisfy the Director of Public Works regarding
Simcoe Engineering's comments respecting
stormwater management facilities.
11, That the owner agree to the satisfaction of the 7own:
a) to provide a report indicating the effect that
stormwater management, site grading and below
and above ground services within the area of
the draft plan will have on the existing
drainage and private services (septic tanks and
well water) of abuttin9 residential properties.
b) undertake and guarantee any work necessary as
determined under subsection a).
12. That the owner construct temporary turning circ]es at
the northern terminus of Streets "A" and "C", at the
western terminus of Street "B", and at the southern
terminus of Pine Grove Avenue (all within their
lands) to the satisfaction of the Director of Public
Works.
13. That 6locks 39 to 58 inclusive be developed for
residentiai purposes in conjunction with abutting
lands to the north, west and south, and that these
Blocks be maintained to the satisfaction of the Town
until such time as they are developed.
14, That the implementing zoning by-law address the
zoning of the Petticoat Creek valley lands, within
the retained lands on the north side of Pine Grove
Avenue, to the satisfaction of the Metropolitan
Toronto and Region Conservation Authority.
15. That the owner satisfy the Town's Director of Public
Works with respect to an appropriate financial
contribution toward the future installation of a
sldewalk and upgrading of street 7ighting on the west
side of Altona Road from Pine Grove Avenue to the
northern limit of the subject lands.
�
DURHAM
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,-- • r
June 28, 1988
Mr. T. Magi
Planning Director
Town of Pickering
1305 Pickering Pkwy.
2nd Floor
Pickering, Ontario
L1V 3P2
Dear Sir:
DR. M. R MICHAEI. M.C.I.P.
Commiuion�� ot Pl�nninp Re
RECEIVED
JUL 5 19A8�
SOL�C►TOR
iOWN Of PICKERtNG
Proposed Plan of Subdivision
Region of Durham Fite: 18T-84015 (Revised)
Owner: William Petrou, Argirious Petrou & Archilles &
MUO7CiD811tY: Town �f Pickarinn/Alcn flnntn onf u., •.
r
oukras
The above draft plan of subdivision was approved today subject to
the conditions attached herevrith. A copy of the draft approved
plan bearing the approval signature is also attached for your
record.
Please inform us when the applicant has met those conditions
pertaining to the requirements of your municipality. It should be
noted Lhat we require a brief but complete statement indicating
how each of Lhe conditions, with which your municipality is
concerned, has been satisfied.
Your letter of clearance should be addressed to the undersigned
with copy sent to the Clerk of the Regional Municipality of Durham
at 605 Rossland Road East, P.O. Box 623, Whitby, Ontario, L1N
6A3.
Yours very truly,
l�(/Jy'_''
�/+ Valeri4 Granmer, M.L.I.P.
1 Manager
Current Operations Branch
: SEE2had
Encls. Conditions of Approval
Draft Approved Plan
Ce.- T. SF}E�iELp
REGEIVED
JUN 891969
TOWN Of PICKERING
VLANNING DEVARTMENT
�
_--�„
_.�..,
----•w ,
-- .
,- ; �
Attachment to letter dated June 28, 1988
From: Dr, M. Michael, Comnissioner of Planning
To: W. & A. Petrou and A. 8 C. Lioukras
ke: Plan of Subdivision 1&T-84015
Town of Pickering
(:UNUITIONS UF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF
SUBUIVISION ARE ILS FOLLU4iS:
�1� That this approval applies to draft plan of subdivision
�� 18T-84015, prepared by Grant Morris Associates Limited,
revised and dated Ju�e 11, 1988, showing 38 single family
lots, 20 blocks for future residential development, various
0.3 m reserves, sight triangles and 2 blocks to be retained by
the owner,
2� That the road allowances included in this draft plan shall be
dedicated as public highway.
� That the road allowances included in this draft plan shall be
named to the satisfaction of the kegion of Durham and the Town
of Pickering.
4. That Blocks 67 and 68 shall be dedicated to the Region of
Uurham for the purpose of sight triangles.
5. That 0.3 metre reserves as shown as Blocks 65 and 66, shall be
conveyed to the Kegion of Durham.
�6 That 0.3 metre reserves as shown as Blocks 59 to 64 inclusive,
shall be conreyed to the Town of Pickering.
�7. Ttiat the owner shall convey land to the Town of Pickering for
park or other public recreational purposes in accordance with
the Planning Act. Alternatively, the municipality may accept
cash-in-lieu of such conveyance.
&� That such easements as may be required for utilities,
drainage and servicing purposes shall be granted to the
appropriate authority. This shall include
easements/dedicatioAs through Block 70, as identified on the
plan, for stnrmwater management along the Petticoat Creek.
�9 That the.uses shown on the approved draft plan shall be zoned
in an appropriate zoning by-law passed by the Council of the
�Q� Town of Pickering in effect in accordance with the Planning
� Act.
- -�
-2-
lU That the zoniny by-law referred Lo in condition 9 shall
contain the appropriate provision(s) to restrict any building
or structure other than those necessary for flood or erosion
control, within the f oo lain of the Petticoat Creek, marked
on the plan,as Blocks nd 10, lands retained by Petrou and
Lioukras. Further that the implementing zoning by-law address
the zoning of the Petticoat Creek Valley lands, within the
retained lands on the north side of Pine Grove Avenue (Block
7�), to the satisfactio� of the Metrbpolitan To�onto and
Region Conservation Authority.
11.
�\\�t�,P
Prior to the initiation of grading and prior to the
registration ai this plan or any phase thereof, that the owner
shall submit for the review and approval of the Metropolitan
Toronto and Re�ion Gonservation Authority, a) a detailed
engineering and drainage report that describes the storm water
management techniques which may be required, the proposed
methods for controlling or minimizing erosion and siltation
on-site and/or in downstream areas during and after
construction, location and descriptinn of all outlets a�d
other facilities which may require permits under Ontario
Re9ulation 29"sJ86; b) overall grading plans for the subject
lands; and c) detailed enyineering plans for the Pinegrove
Avenue crossin� of the Petticoat Creek valley.
12. Prior to the initiation of grading and prior to the
registration of this plan or any phase thereof, that the owner
shall submit for the review and approval of the Ministry of
Natural Resources, a) a detailed engineering and drainage
�r�, report that describes the storm water management techniques
M which may be required, the proposed methods for controlling or
minimizing erosion and siltation on-site andlor in downstream
areas during a�d after construction; b) the impact of the
proposed stor�w�ater management techniques on the quality of
receiving waters as it relates to fish and fish habitat;
c) site soil conditions, including grain size distribution
profiles; and d) site grading plans.
�V 13. That detailed plans be submitted regarding alterations to the
�,�� watercourse. Any proposed alterations require application
under the Lakes and Rivers Improvement Act for review and
approval by tr�2 Ministry of Natural Resources.
14. That the owner shall provide for the extension of such
sanitar,y'sewer and water supply facilities which are external
to, as well as within the limits of the plan which are
required to service such plan. In addition, the owner shall
provide for the extension of sanitary sewer and water supply
facilities ►+ithin the limits of the plan which are required
to service otr:er developments external to his subdivision.
Such sanitary sewer and water supply facilities are to be
designed and constructed as per the standards and
requirements o` the Hegion of Durham; all arrangements,
financial ana otherwise, for said extensions are to be to the
satisfaction cf the Region of Durham and are to be canpleted
, prior to final approval.
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15. That prior to entering into a subdivision agreement the
kegion of Durt�an shall be satisfied that adequate water
pollution control plant and water supply plant capacity are
available to the proposed subdivision.
16. That prior to final approval, the Region of Durham shall be
satisfied Lhat sanitary sewer and water supply services are
installed or will be installed in the abutting plan of
subdivision I5T-84018.
17 That the owner submit a detailed tree inventory and
preservation programne to the satisfaction of the Town and
agree that no trees be removed until such time as this
programne has been approved by Lhe Town.
18 That the owner submit a report indicating the effect that
stormwater management, site grading and services both above
ground and below, within the area of the draft plan, will have
on the existing drainage of abutting residential properties.
(1,9� That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the Town
of Pickering. 7his shall include, among other matters,
execution of a subdivision agreement between the owner and the
Town of Pickering, concerning Lhe provision and inst,allation
of roads, serrices and drainage, and other local services.
20. That prior to final approval of the plan, the owner shall
satisfy all requirements, financial and otherwise, of the
Region of Durtam. This shall include, among other matters,
execution of a subdivision agreement between the owner and
the Region of Durliam concer�ing the provision and
installation of sanitary sewer, water supply, roads and other
regional services.
2�1 That the subdivision agreement between the owner and the Town
of Pickering shall contain, among other matters, the following
provisions:
a) The owner agrees Lo carry-out, or cause to be
carried-o��t, to the satisfaction of the Metropolitan
�{Z�a Toronto and Re9ion Conservation Authority, the
��� recortmendations referred to in the report as required in
condition 11 and apply for all necessary permits.
b) The owner agrees to carry-out, or cause to be carried-out,
�� to the sa�isfaction of the Ministry of Natural Resources,
� the recorrendations referred to in the report as required
in condition 12.
c) The owner agrees to not place fill, grade, construct any
buildings ar structures without prior written approval
�`�p being give� by the Metropolitan Toronto and Region
��� c.onserva�ion Authority.
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d) To submit individual lot, site and grading plans to the
Metropolitan Toronto and Region Conservation Authority for
their review and approval for lots 35 to 38 and B1ock 58.
These plans shall be submitted prior to the issuance of
�1�(�� building permits by the Municipality. No building
openings Mi�� be permitted below 129.2 metres on these
lots.
e) The owner agrees that prior to the initiation of any
grading or construction, to erect a temporary snow fence
,/Y� �� or other suitable barrier along the rear boundary of lots
M'1�� 35 to 38 inclusive and Block 58 and along both sides of
Pinegrove Avenue east of Westcreek Drive.
���
f) The owner agrees to maintain all stormwater management and
erosion and sedimentation control structures operating and
in good repair during the const�uction period, i� a ma�ner
satisfactcry to the Ministry of Natural Resources and to
advise the Ministry of Natural Resources 48 hours prior to
comnencement of grading or the initiation of any on site
works.
g) The owner agrees not to develop blocks 39 to 58 inclusive,
except in conjunction with adjacent lands and further
agrees to maintain these blocks until developed.
h) The owner agrees to carry-out, or cause to be carried-out,
to the satisfaction of the Town of Pickering the
recortmendations referred to in the report as required in
condition 18.
i) The owner agrees to satisfy the Town with respect to
necessary financial contributions to the required
stormwater detention pond (Petticoat Detention Pond)
downstrear trunk storm facilities.
the
and
j) The owner agrees to construct temporary turning circles at
the northern terminus of Streets "A" and "C", at the
western terminus of Street "B", and at the southern
terminus of Pine Grove Avenue (all within their lands) to
�> the satisfactinn of the Town of Pickering. _�
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22. That prior to fial approval, the Commissioner of Planning for
the Region of Durhan, shall be advised in writing by:
a) Town of Pickerin9, how conditions 1, 2, 3, 6, 7, 8, 9, 10,
17, 18, 1� and 21 have been satisfied;
b} Ministry cf Natural Resources, how conditions l2, 13,
Z1(b) and 21(f) have been satisfied; and
c) Metropoli:an Toronto and Region Conservation Authority,
how condi;ions 9, 11, 21(a), 21(c), 21(d) and 21(e) have
been satisfied.
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TO DRHFT APPROVAL
1. As owner of the proposed subdivision, it is in your interest
as well as your responsibility Lo satisfy all conditions of
approval in an expeditious manner.
2. All plans of subdivision must be registered in the land titles
systen within the Durham Region.
3. Where agencies requirements are contained in the subdivision
agreement, a copy of the agreement shall be sent to these
agencies in order to facilitate their clearance for final
approval. These agencies are:
a) Ms. A, Aitkens, Metropolitan Toronto and Region
Conservation Authority, 5 Shoreham Drive, North York,
Ontario M3N 154.
b) Mr. I. B. Earl, District Manager. Ministry of Natural
kesources, 10401 Dufferin Street, Maple, Ontario
LOJ 1E0.
4. When the municipality completes the preparation of the zoning
by-law referred to in condition 9, the said by-law must be
circulated to the Metropolitan Toronto and Region Conservation
Authority. T�is would facilitate clearance by the said
agency.
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DURHAM
T�e Rpiona�
MumeiDelity
of Ourham
rm����a
Dapartmsnt
Box 623
t05 Coneumsro Or.
W�itbY. O�tario
CartaGa, 11N BA3
(6181668-7731 .
OP. M. F. MICHAEI, M.C.�.P.
Commisaionsr ol Planninp
July 12, f988
RECEIVED
JUl 18 �9�
SOLtCITOR
TOWN Of PiCKERIN6
William Petrou, Argirious Petrou
and Achilles and C. Lioukras
1965 Spruce Hill Road
Pickering, Ontario
L1V 1S6
Dear Gentlemen:
i
RECEIVED
�u� i s isee
MWX Of PICKERING
CLANNING DFPA0.TMENT
Re: Application for Approval of Plan of Subdivision (Revised)
File No.: 18T-84015/Also Quote Ref. No.: 8020
Further to the draft approval issued on June 28, 1988, I wisfi to
advise that Lhe conditions of draft approval for the above plan
are amended as follors:
Condition 10 is amended by deletion of the reference to Block 62
and its replacement with Block 69.
Condition 21 is amended by the addition of the following clause:
21 k) The owner agrees to an appropriate financial contribution
toward the future installation of a sidewalk and upgraQing
of street lighting on the west side of Altona Road along
the frontage of the retained lands of Petrou and Lioukras.
Yours very truly,
Dr. M. Michaei, M.C.I. .
Comnissioner of Planning
TC:jad
cc Regionai Clerk
Ministry of Municipal Affairs
Works Department
Grant Morris Associates Ltd.
Metropolitan Toronto and Region Conservation Authority
Mi� istry of Natural Resources
Q6wn of Pickering
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The Town of Picke
LEGAL DEPARTME
Petrou/Lioukras
- 18T-84015
- Subdivision Agreement