HomeMy WebLinkAboutBy-law 2940/88i!
THE CORPORATION OF THE TOWN OF PICKERING �,j
��;
BY-LAW N0�9dn /88
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development �
of Part Lot 2, Plan H-50058 and Block 0, Plan
M-1058, Pickering (Draft Plan 18T-87012; Erin
Amelia lnvestments Ltd. )
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 2,
Plan H-50058 and Block 0, Plan M-1058, Pickering, has been approved by the Council
of The Corporation of the Town of Pickering and the Ontario Municipal Board, subject
to several conditions, one of which requires the entering into of a satisfactory Subdi-
vision Agreement 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
Part Lot 2, Plan H-50058 and Block 0, Plan M-1058, Pickering, included in
Draft Plan 18T-87012 ( Erin Amelia lnvestments Ltd. ).
BY-LAW read a first, second and third time and finally passed this 17th day of
October, 1988.
TOW1J OF
PICiCERING
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% ohn E. n�erson, Mayor
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Bruce Taylo , �erk
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO�yan /88
Being a by-law to authorize the execution of a
Subdivision Agreement respecting the development
of Part Lot 2, Plan H-50058 and Block 0, Plan
M-1058, Pickering (Draft Plan 18T-87012; Erin
Amelia lnvestments Ltd. )
WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 2,
Plan H-50058 and Slock 0, Plan M-1058, Pickering, has been approved by the Council
of The Corporation of the Town of Pickering and the Ontario Municipal Board, subject
to several conditions, one of which requires the entering into of a satisfactory Subdi-
vision Agreement 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
Part Lot 2, Plan H-50058 and Block 0, Plan M-1058, Pickering, included in
Draft Plan 18T-87012 (Erin Amelia lnvestments Ltd. ).
BY-LAW read a first, second and third time and finally passed this 17th day of
October, 1988.
�'lonn �.. t�naerson, mayor
� �
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Bruce Taylo , Ci rk
TOWTJ OF
PICiCERING
no f�R��,ED
^s ro ; c�r��
�r_�r;�
THIS AGREEMENT made this
B E T W E E N:
day of , 1988
ERIN AMELIA INVESTMENTS LTD.
hereinafter called the "Owner"
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 �, Plan H-50058 and Block 0,
Plan M-1038, in the Town of Pickering in the Regional Niunicipality 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-87012, as revised;
NOW THEREFORE, THIS AGREEMENT �YITNESSETH, 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.
Z.
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LAND AFFECTED
The lands affected by this Agreement (the "Lands") are Lots 1 to 76, both
inclusive, Blocks 81 to 86, both inclusive, Plan 40M- , Pickering, and
those parts of Block G, Plan M-1162, Pickering, designated as Parts 1 and 3,
Plan 40R- .
CANCELLATION OF AGREEA4ENT
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 nul] 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.
NOTICE
Any notice required to he 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 Poat Office.
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 shal] be
construed accordingly.
(2) Schedules A, B and C attached hereto shall form part of this Agreement.
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8.
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TIME
Time shall be of the esaence of this Agreement.
BINDING PARTIES
This Agreement and everything herein contained shall enuxe to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
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. •
OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good
ner, for the Town, all the municipal services as hereinafter
satisfaction of the Town of Pickering, and shall complete,
payment for such other matters as may be provided for herein,
CONSULTING ENGINEERS
workmanlike man-
set forth to the
perform or make
(1) The Owner shall retain a Profeasional Engineer as the Cansulting 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.
STORM DRAINAGE
(1) The Owner shall construct a complete starm water drainage and manage-
ment syatem, including storm connections to the street line and catch
basin leads 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
Works, will require its 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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11. ROADS - ROUGH GRADE
(1) Prior to the installation or construction of the municipal services provided
for herein, the Owner shall rough grade to the Town's specifications to
the full width, the propoaed road allowances shown on the plan of subdi-
vision .
(2) The Owner shall keep all boulevards clear and free of materials and
obstructions which might interfere with the installation of electric, tele-
phone, gas or other utilities.
12. ROADS - PAVED
(1) The Owner shall construct the roads shown on the plan of su6division
and reconstruct Dixie Road adjacent the'reto according to the Town's
specifications for paved roads of the Town in effect at the date hereof.
(2) Until assumption by the Town, the Owner shall maintain and repair roads
both within and outside the plan of subdivision where construction has
taken place or that are used by construction traffic entering the plan of
subdivision and keep such roads clear of 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 and Dixie Road adjacent to 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.
13. CURBS & GUTTERS
(1) The Owner shall construct curbs and gutters on the roads to be con-
structed or reconstructed pursuant to section 12, according to the speci-
fications of the Town in effect at the date hereof and shall maintain them
until they are formally accepted by the Town.
(2) If any curb depressions are not located correctly with respect to a drive-
way, the Owner shall construct a curb depression in the correct location
and fill in the origina] curb depression according to the specifications.
14. SIDEWALKS
(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) along the south side of Finch Avenue adjacent to or on Block 80;
and
(b) along the east side of Dixie Road adjacent to Blocks 89 and 90.
(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 Lots 56 to 64 and Block 77 on the south and west
sides of Gloucester Square;
(b) adjacent to Lots 65 to 73, Blocks 79 and 81 and Block G(Plan
M-1162) on the west and north sides north of Gloucester Square;
(c) adjacent to Block G(Plan M-1162), Block 82, Lots 74 to 76,
Blocka 83 and 84 and Block G(Plan M-1162) on the aouth, east
and north sides of Gloucester Square;
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(d) adjacent to Lots 34 to 36 on the north side of Ridgewood Court;
(e) adjacent to Lots 21 to 32 on the west and north sides of
Ridgewood Court; and
(f) adjacent to Lot 33 and Lots 11 to 20 on the north side of
Ridgewood Court and the east side of Lydia Crescent.
(3) Despite 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 Bel] Canada, as the case may be.
16. STREET LIGHTING
(1) The Owner shall instal] street lights, including poles and other necessary
appurtenances, on each proposed street in the plan, and shall upgrade
street lighting on Dixie Road and Finch Avenue.
(2) Electrical service for street lighting ahall 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 Conatruction.
(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 shal] pay to the Town
the sum of $2,835 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 $5,000,000.
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(3) In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or preauuma and the Owner shal] pay the cost of such renewal or
renewals within 30 days of the account therefor being rendered by the
• Town.
(4) It shall be the responsibility of the Owner to notify the Town of the
dates for the renewal of the premium of the said policy and to supply
proof that the premium of the said policy has been paid in order that the
protection provided by the Liability Insurance Policy shall not lapse.
PERFORMANCE & MAINTENANCE GUARANTEE
(1) Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
60$ performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Public Works (the
"original value") for the purpose of,
(a)
(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
W orks .
(2) The Owner may, at any time after the first 50$, in value, of works have
been constructed, installed or performed, and paid for, apply for a
reduction in the security and such application shall be made to the Town
Treasurer.
(3) Upon written verification from the Director of Public Works that the
construction, installation or performance of the works for which reduction
is being sought have been satisfactorily completed and paid for, the Town
Manager may reduce the amount of the security to an amount not less
than,
(a)
(b)
and
(c)
sixty per cent (60$) of the original value where nn certificate or
declaration of substantial performance has been made;
thirty-five per cent (35$) of the original value where,
(i)
(ii)
a certificate or declaration of substantial performance has
been published;
45 days following such publication have expired; and
(iii) all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
seventeen per cent (17�) of the original value where,
(i)
(ii)
a certificate of final completion has been made by the
Owner's Consulting Engineer;
45 days following the making of such certificate have
expired; and
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(iii) all liena that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
which seventeen per cent (17$) 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 reduetion 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 provfde 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 dzainage of all
adjacent lands which drain through the plan af subdiviaion.
(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 apace or walkways unless provision is
made for the installation by the Owner, at no cost to Lhe 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 aubject 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 Owner in accordance
with the approved Grading Control Plan, under the snpervision of the
Owner's Consulting Engineer.
(5) If, in the opinion of the Director of Public Works, drainage probiems
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) Deapite 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 ahall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditiona of this Agreement are being violated
or carelessly executed, or in bad faith, or shall the Owner neglect or
refuae to renew or again perform such work as may be rejected by the
Director of Public Worka as defective or unsuitable, or ehall 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 his surety in writing of such default or neglect and if such
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(2)
(3)
notification be without effect within 10
in that case, the Director of Public
authority to purchase such materials,
such aorkmen as in his opinion shal]
pletion of the said work at the cost
surety, or both.
clear days after such notice, then
Works shall thereupon have full
tools and machinery and to employ
be required for the proper com-
and expense of the Owner or his
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.
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 (20$) of the labour and material value, and fur-
ther, a fee of thirty per cent (30$) 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.
22. DEDICATIONS
23.
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The Owner shall dedicate Gloucester Square, Lydia Crescent and Ridgewood
Court as public highways upon the registration of the plan.
TRANSFERS - CONVEYANCES
(1) Within the 30 days immediately following the registration of the plan, the
Owner shal] convey to the Town, free and clear of all encumbrances, and
for the nominal price of $Z.00, in each case,
(a) Block 77 (open space);
(b) Block 78 (parkland);
(c) Block 79 (walkway);
(d) Blocks 89 and 40 (Dixie Road reserves);
(e) Blocks 85 and 86 (fire hall site expansion).
(2) Within the 30 days immediately following the registration of the plan, the
Town shall convey to the Owner, free and clear of all encumbrances, for
the nominal price of $2.00, in each case, those parts of Block G, Plan
M-1162, designated as Parts 1 and 3. Plan 40R- .
(3) Despite any other provision of this Agreement, the transferee in each
conveyance referred to in subsections (1) and (2) shall pay any land
transfer tax payable with respect to that conveyance.
(4) Despite the provisions of subsections (1) and (2), above, a transfer
required therein shall not be deemed to be subject to an encumbrance if
that encumbrance relates in any way to the existence or maintenance of a
public utility in operation as of the date of this Agreement.
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 shal]
deem necessary for the provision of storm water drainage and management
facilities both within the boundaries of the plan of subdivision and across
lands adjacent thereto but outside its boundaries.
(2) Such easements shall be subject to the approval of the Director of Public
Works or hia deaignate as to their location and width.
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(3) The conatruction of any services in such easement or easements referred
to in aubaection (1) shal] not commence until the easement has been
acquired, unleas permission to do so has been obtained by the Owner, in
writing, from the Town and from the registered owner of the lands across
which the easement shall lie.
25. GENERAL PROVISIONS - SERVICES
The Owner agrees with the Town:
(a) Paving of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk or where
no sidewalk is to be provided, between the curb and the lot line.
(h) 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.
(c) Public Lands - Fill & Debris
(i) Neither to dump nor to permit to be dumped, any fill or debris
on, nor to remove or permit to be removed, any fill from any
public lands, other than in the actual conatruction 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 ahall be no burning of refuse or debris upon its lands
or any public lands.
(d) Construction Traffic
Wherever posaible, to ensure that conatruction traffic serving the devel-
opment of this plan does not uae roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
(e) Qualitative or Quantitative Tests
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
(f) Relocation of Services
(i) To pay the cost of relocating any existing services and utilities
caused by tl}e 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 drivewaya or so close thereto,
in the opinion of the Director of Public Works, as to interfere
with the use of the driveway.
(g) Specifications
Unlesa otherwise provided, to perform any work required to be dane
under this Agreement to the specifications of the Town in effect at the
date hereof.
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(h)
(i)
(})
(k)
(1)
Temporary Signs
To provide and erect at its own cost, to the specifications of the Town,
temporary aigns of such nature and at such locations as may be designa-
ted by the Director of Public Works.
Permanent Signs
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
Engineering Dravrings
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.
Snow 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 contral, 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 SVorks deems conditions warrant and
until such time as the roads are accepta6le to the Director of
Public Works for winter control.
Survey Monuments & Markers
Prior to the acceptance of the subdivision by the Town, to supply a
statement by an Ontario Land Surveyor that, after the completion of the
subdivision work, he has found or re-established all standard iron bars
as shown on the regiatered plan, and survey monuments at all block
corners, the ends of all curvea, other than corner roundings and all
points of change in direction of streets on the registered plan.
26. CONSTRUCTION & OCCUPANCY OF BUILDINGS
(1) No building permit shall be issued for any building or part of a building
in the subdivision, or on either of Parts 1 and 3, Plan 40R- , until
sewer and water facilities are available, and in the opinion of the Director
of Public Works, capable of providing adequate service.
(2) No building or part of a building in the subdivision, or on either of Parts
1 and 3, Plan 40R- , shall be occupied except upon the issuance
of a municipal occupancy permit.
(3) No application for a municipal occupancy permit for a 6uilding 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 o£
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 exiating maintained
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(4) The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdiviaion until the roads are formally assumed by the Town.
27. D'ESIGN PLANNING
(1) The Owner shall, prior to the issuance of any building permit for the
construction of any residential unit on the lands, submit to the Town's
Director of Planning, for approval, a report outlining siting and architec-
tural design objectives for the subdivision, which approval shall not be
unreasonably withheld.
(2) The report referred to in subsection (1) shall address the details of
driveway design for Lots 21 to 23, 59 and 60 to 71 and may be required,
at the Director'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 Owner 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) the location of all buildings and structures to be erected and the
location of all facilities and works associated therewith;
(b) the location of landscaping features, including trees to be pre-
served;
(c) streetscape for front and rear elevation at a, scale acceptable to
the Director;
(d) streetacape 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.
for each dwelling unit to be erected in the Plan.
(2) No building permit shall be issued for any dwelling unit unless payment
of the unit levy shzll have been made in advance of the issuance of such
permit with respect to such dwelling unit.
(3) In any event, the Owner shall pay all ]evies 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.
, 10
29. FINANCIAL SECURITY
30.
31
32
The Owner ehall, immediately prior to the registration of the plan, deposit with
the Town, a aecurity payable to the Town, in a form satisfactory to the Town,
for the sum of $247,050 as security for the payments referred to in section 28
h ereof .
GENERAL PROVISIONS - FINANCIAL MATTERS
The Owner agrees with the Town:
(a) Taxes
To pay the taxes in full on all the lands included in the plan of subdivi-
sion, as required by law from time to time.
(b) Loca] Improvements
Prior to the release of the plan for registration,
ing local improvement charges which are levied
in the plan or either of Parts 1 and 3, Plan 40R-
(c) Interest
(d)
(e)
to prepay any outstand-
against any of the lands
To pay interest at the rate of eighteen per cent (18$) 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.
Registration Fees
To pay all registration costs and land transfer taxes incurred by the
Town relating in any way to the registration of the plan of subdivision or
any other related documentation, including transfers, in the Land Titles
Office.
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 liene 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 shal] indemnify the Town
against all claims, actions or demands for liens or otherwise and all costs
in connection therewith.
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 aecurity, a furYher 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 expiring security into cash and hold
the cash in lieu of and for the same purposes as any further security.
PROVISION OF PARKLAND
Upon the conveyance to the Town of Block 77 and 78, as required by section
23(1), the Owner shall have fully satisfied its obligation to provide parkland for
this project.
11
�
�
33. TREE PLANTING
(1) The Owner shall plant on road allowances within or adjacent to the plan,
81 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 by the Town shall be planted by the Owner when the
boulevard into which they are to be planted is sodded.
(4) If the density is too great to enable 81 trees to be planted, the Owner
shall pay to the Town $100 for every tre� which cannot be planted for
tree planting in a puhlic land area within the community in which the plan
is located.
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 be 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) shal] continue until,
(a) where the ]ands upon which the tree is located comprise a res-
idential building ]ot 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 Parties hereto have hereunto affixed their reepective
� 12
a
Corporate Seals atteated to by the hands of their authorized officers.
SIGNED, SEALED e DELIVERED
ERIN AMELIA INVESTMENTS LTD.
THE CORPORATION OF THE TOWN OF PICKERING
o n . n erson, ayor
ruce ay or, er
ENCUMBRANCER - NATIONAL TRUST COMPANY
This Agreement shall have priority over and take precedence over all of the rights or
interests of National Truat Company whether or not any such right or interest was
established or arose prior to the date hereof and whether or not such right or inter-
est is set out in or arises by virtue of any instrument or document registered on title
to the lands affected hereby, or any part of them, prior to the registration of this
Agreement.
Dated at , , 1988.
SIGNED, SEALED & DELIVERED
[VATIONAL TRUST COMPANY
, 13
1.
SCHEDULE A
TIME LIMIT FOR WORK a GUARANTEE FOR wORKMANSHIP a MATERIALS
(1) In thia section, "preservicing° means the undertaking, prior to the
registration of thia plan of subdiviaion, of any works or services required
to be undertaken by the proviaions of this Agreement, on the Lands or
on any lands adjacent thereto, and "pzeservice" has a corresponding
meaning.
(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)
(bj
executed this Agreement;
supplied a satisfactory liability insurance policy pursuant to
aection 18;
(c) 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
(d} submitted a Tree Preaervation 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 satiefactory performance and maintenance security
pursuant 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-
secrion 34(2).
Deapite 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,
bloeks and roads thereon,
marking existing and proposed grade elevations,
tests and examiaations 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
2
3.
4.
(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 approval, 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 ar 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.
TEMPORARY TURNING CIRCLE REMOVAL
(1) The Owner shall remove, at its sole expense and to the Town's specifica-
tions, any temporary turning circle located immediately ad'}acent to the
plan on a public highway to be extended by the Owner into the plan, and
sha31 replace any such circle with permanent services as if the highway
were a road in the plan.
DEMOLITION OF EXISTING BUILDINGS
All 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.
WALKWAY CONSTRUCTION
(1) The Owner shall construct a walkway on Block 79 to the Town's specifica-
tions, including,
(a} 1.8 metre high 9 gauge galvanized steel chain link fencing having
maximum 0.05 metre mesh along the east and west sides of Block
79;
iz)
(b)
(c)
a concrete walkway surface linking the sidewalk to be constructed
on each of Finch Avenue and Gloucester Square; and
vehicle barriers at the north and south ends of Block 79.
The Owner shall construct two walkways on Block 77 to the Town's speci-
fications, being,
(a) a concrete walkway surface extending the sidewalk to be con-
structed on�Ridgewood Court for 10 metres into Block 77; and
(b) a concrete walkway surface running from the sidewalk to be
constructed on Gloucester Square to a line on Block 77 joining the
south ends of the shorter sections of the south and west side lot
lines of Lots 60 and 59, respectively, and
including vehicle barriers at the north end of the ]atter walkway.
A-2
5. FENCING
(1) The Owner shal] erect the following segments of fencing, in each case
within the 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 this Schedule:
(a) along the boundary of the plan adjacent to Lots 37 to 45 (chain
link) ;
(b) along the boundary of Block 77 adjacent to Lots 46 to 55 (chain
link ) ;
(c) along the boundary of Block 77 adjacent to Lots 21 and 22 (chain
link } ;
(d) along the boundary of Block 77 adjacent to Lots 56 to 59 (chain
link ) ;
(e) along the boundary of Block 77 adjacent to Lots 60 to 67 and
Block 85 (chain link);
(f) along the west boundary of I.ots 1 to 10 and Lot 36 between the
northwest corner of Lot 1 and a point in that boundary opposite
the southwest corner of the dwelling to be erected on Lot 36
(wood privacy);
(g) along the west boundary of Lot 37, between the southwest corner
of the lot and a point in that boundary opposite the northwest
corner of the dwelling to be erected on the lot (wood privacy);
and
(h) along the north boundary of Lots 69 to 73, Block 81 and that
part of Block G, Plan M-1162, designated as Part 1, Plan 40R-
(wood privacy).
(2) Despite the provisions of subsection (1), where the occupancy of the first
dwelling unit to be occupied adjacent to any fencing segment occurs in
November or December of any year, the time limit for construction of that
adjacent fencing segment shall be extended to June 30 in the following
year.
(3) The chain link fencing segments required to be constructed pursuant to
clauses (a) to (e) of subsection (1) shal] be 1.8 metres high 9 gauge
galvanized stee] chain link fencing having maximum 0.05 metre mesh.
(4) The wood privacy fencing segments required to be constructed pursuant
to clauses (f) to (h) to subsection (1) shall be 1.8 metres high pressure
treated wood privacy fencing.
(5) All fencing required to be constructed by the Owner pursuant to this
section shall be constructed so as to meet or exceed the requirements for
swimming pool enclosures as set out in Part II of the Town's By-law
425/76, as amended from time to time, or any successor thereto.
6. RELEASED FUTURE DEVELOPMENT BLOCKS - BLOCKS 81 AND 82
(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 units set out in Column III thereof:
' A-3
TABLE
Item Column I Column II Column III
1. Block 81 part Block G, M-1162 1
(Part 1, Plan 40R- )
2. Block 82 part Block G, M-1162 2
(Part 3, Plan 40R- )
(2) The development of the lands described in Columns I and II of Items 1
and 2 of the Table in subsection (1) shall be governed by the provisions
of this Agreement,
7. DWELLING UNIT COUNT
(1) In the event that more than 81 dweiling units (one on the lands described
in Item 1 of the Table in section 4 of this Schedule; two on the lands
described in Item 2 of that Table; one each on Lots 1 to 76; one each on
Blocks 83 and 84) are to be constructed on the lands affected by this
Agreement, an amendment to this Agreement shall be required.
(2) In the event that less than 81 units (as described in subsection (1)) are
to be constructed in this plan pursuant to this Agreement,
(a) the amounts payable to the Town pursuant to sections 17(1) and
32, and
(b) 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.
8. CONTRIBUTION TO OVERSIZED SERVICE COST
The Owner shall, immediately prior to the registration of the plan, pay to
Runnymede Development Corporation Limited the sums of �4,515 and $13,266,
being the respective costs to that company of,
(a) the oversizing of services constructed or installed by it in the
development of Plans 67-1037 and M-1038, and
(b) the oversizing of Dixie Road constructed and installed by it in
the develop ment of Plans 40M-1272, 40M-1333, 40M-1400 and
]8T-80034 (Phase 4),
portions of which benefit the lands in this plan.
9. CONTRIBUTION TO DOWNSTREAM SERVICE COSTS
The Owner shall, immedia�ely prior to the registration of the plan, pay to the
Town the sum of $7, 399 as its contribution to the cost of the construction and
maintenance of the Pine Creek Storm Water Management Project located between
Highways 2 and 401.
10. CONTRIBUTION TO ADJACENT SERVICE COSTS
The Town shall, upon completion of the works and submission to it of an in-
voice verified by the Owner's consulting engineer, pay to the Owner one-third
of the cost to the Owner of the design, construction and installation of a new
cross-road culvert across Dixie Road adjacent to Lot 37.
' A-4
SCHEDULE B
1. SPECIAL PROVISIONS REQUIRED BY THE CONDITIONS OF DRAFT PLAN
APPROVAL
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"), made July 18, 1988, of
Draft Plan LST-87�12 by the Ontario Municipal Board 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.")
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 Con-
dition 12 of the Approval.
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 12 of the Approval.
(2) The Owner shall,
(a) obtain approvals under the Lakes and Rivers Improvement Act for
any channelization and any other instream works;
(b) maintain all storm water management and erosion and sedimentation
control structures operating and in good repair during the con-
struction period, in a manner satisfactory to M.N.R.; and
(c) advise M.N.R. 48 hours prior to commencement of grading or the
initiation of any on-site works.
, B-1
✓
1. DRAFT PLAN OF SUBDIYISION AND REZ6NING
APPLICATION A 15/87 SUBMITTED BY
ERIN AMELIA INYESTMENTS. ITD. ON THE EAST
i�141 FILE NUMBERIE B04DOOS0U18T 870F12CH AVENUE
FILE NUMBER - B 2310 - A 15/87
That Town Council recomnend to Regional Council that Oraft
Plan of Subdivision 18T-87012 submitted by Erin Amelia
Investments Ltd, on lands being Part of Lot 24, Concession
l, and Block "0", Pla� M-1038 be APPROYED AS REVISEO
subject to the fotlowing conditions and rev s ons:
1, That this recommendation apply W the plan prepared
by Proctor and Redfern Limited, dated february 6,
1987, drawing EO No. 86254, bearing the Town's
recommendation stamp.
2. That the owner make satisfactory arrangements with
the Town regarding the required parkland dedication,
including the conveyance of Block 79 for park
purposes.
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 Tow�:
a) Block 80 for walkway purposes;
b) any other easements as required.
i. That Blocks 82 and 83 be developed for residenttal
purposes in conjunction with abutting lands and that
these Blocks be maintained to the satisfaction of the
Town until such time as they are developed.
8. That 8locks 84 and 85 be developed for residential
purposes in conjunction with abutting lands and that
these Blocks be maintained to the satisfaction of the
Town until suclr.time as they are developed.
These Blocks may be registered as Lots if the sale of
that portion of abutting Block "G", Plan M-1162
conveyed to the owner of Lot 27, Plan M-1162 has been
finalized and the land prior to the registration of
this draft plan.
CO�IYI.�I� ..y
Nor � �gg�
9. That the owner nake satisfactory arrangements with
the appropriate authorities regarding the provision
of underground wiring, street lighting, cable
television and other similar services.
10. That the streets within the draft plan be named to
the satisfaction of the Town.
1T. That the owner submit for approval by the Town,
site plans and streetscape elevations showing the
location and relationship of all buildings prior to
the issuance of any building permits.
12. That prior to final registration of this plan, the
owner:
a) suDmit a Draft 40M-Plan to be approved by the
Town Planning Department;
b) agree that no trees
except as authorized
and Recreation;
be removed from the site
by the Director of Parks
c) satisfy the Director of Public Works
regarding Simcoe Engineering's cortments
respecting stormwater management facilities
including provisions for the treatment of
Pine Creek where it traverses Lots 37 and 38.
13. In accordance with Town policy, the owner provide
for the upgrading of the Dixie Road and Finch
Avenue frontages to fu11 urban standards to the
satisfaction of the Director of Public Works.
14. That the architectural statement required by the
subdivision agreement sha11 address the details of
driveway design within the cuT-de-sac (Lots 21-23)
and other similar areas of road design (Lots 60, 61
and 68 to 72).
15. That prior to registration of this plan the owner
submit and receive Town approval of a detailed tree
preservation and grading plan identifyinq all
proposed grades and all trees to be preserved
within both the open space and park block and all
proposed building lots.
��`
�
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ON'(Pr(Z10 1`�IUNI �1(�� ���� .
,�cru�t.. .
6. �lif�$'� CONDITIONS OF APPROYAL FOR THE PLAN OF SU80IVISION
�
Re: file No.: 18T-87012
Uwner: Erin ll�elia lnvestments Ltd.
Munlcipality: Town of Pickertng
�1. That this approval applies W draft plan of subdiviston
18T-81012, prepared b roct r 3 edfern Limited ldentifteG as
numDer 86254 dated Fa " ' 7 which is revised �by—Ebras sl,o.+�+ ah Fvi,;6:� 5
ioan-sf-�WakattA9�showing 9�lots for single famlly dwe111ngs
1 block for ope� space� 1 block fnr park, 1 block for wal kway, 2 bl,xks �'.�r -�i.au.,� {';�,
and various blocks for future development.
� That the road ailowances'included in this draft plan shall be
dedicated as public highway.
OThat the road allowances included 1n this draft plan shall be
named to the satisfactlon of the Region of Durham and the Town
of Pickering.
80
4. That Block'81 shell be dedicated as public hi9hway(s) for the
purpose of wide�ing Fi�ch Avenue.
5. That a 0.3 metre reserve on finch Avenue as widened shall be
conveyed to the Regional Munlcipality of Durham.
� That Block`8�Q4 shatl be dedicated to Town of Plckering as
public walkway.
OThat the owner shall upgrade Dixie Road and Finch Avenue
frontages W full urDan standards to the satlsfactlon of the
TONII .
8o That the owner oake satisfactory arrangements wtth the Town of
Plckering rog�rding the required parkiand dedlcatlon,
including the conveyance of Block 9�for park purposes.
90 That such easa�ents as may be requlred.for utilittes,
drainage and servicing purposes shall be granted to the
approp�ldta au:hority.
� That the uses shown on the approved draft plan shail be zoned
in an appropriate zoning Dy-law passed by the Council of the
Town of Ptckering in effect in accordance with the Pianning
Act.
11. That the zoning by-law retkrred to in conditlon 10 shall
contaln the appropriate proviston(s) W restrlct any butlding
�<l. or structur� other then Lhose necessary for flood or eroston
� control� on block y8 (open space block).
�7
::
,
12.
��r
M��"�
� �
-2-
Pr1or Lo th� 1n1t1�t1on of grading �nd pN or to tM
reglstratton ol this plan or a�y phase thereof, that tbe
owne� sh�lt sub�it for the �eriew anA approval of the Minist�y
of Natural Resources and the Metropolita� Toronto and Regtun
Conservatlon Authority. a detatled englneertng and dr�tnage
report that descrtbes the storm water x�anagement technlques
and the proposed aethods for controlling or minimizing eroslon
and siltstion on-site and/or 1n downstrea� areas during and
after constructlon.
4y 5 2 !ov !03
13. That construction on lots �Od to'S3 and lots b� to Yr shall Ee
carried out to mini�lze the front yard setback �F1-:e:--l9•
��� �etera} thereDy maxiaizing the area of the rear yard to reoaln
in a naturally vegetated, undisturDed state.
!4. That the owner shall submit, for the revtew and approval of
the Minlstry of Natural Resources, a site plan for Lot 2l
M�1�' showing the location of all proposed buildings and structures
are aqjacent watercoursQ, the existing and proposed lot
grading and the proposed vegetation re�eoval.
05 That the owner shall submit for the approval of the Town of
Pickering a detailed tree presentation and gradtng plan
identtfying al) proposed g�ades and all trees to be preserved
wtthtn Doth open apace and park biocks and all proposed
bu1141ag lots.
16. ThaL the owner shtl) provide for the exte�sio� of such
sanitary uwar and water supply facilities which are external
to, �s well •; wlthln the li�lts of the plan which are
requlre4 tc se�vttt such plan. In addltion, the owner shatl
provlde for tht extenston of sanita�y sewer aod water supply
f�ciltLtes ritMe th� 11�1ts of th� plan whtch are reQulred
to s�rvtte oth�r developments extern�P Lo h1s subdlviston.
Such s�nit�ry sewer and water supply f�ci11t1es are to De
Aeslyned �nd tonstructed as per the stendards and
requlra�entf ot the Reglon of Durha�; all arrangements.
financi�l and otherwise. for said eztenslons are to be W the
satlsfu tlon of the Reglon of Durhas and �re to be completed
prlor to H nal approval.
17. TAat prior to entering tnto a subdivlsion agreement the
Reyion of Durha� shell be satisfied thet•adequate water
pollutlon control plant and water supply plant capacity are
av�ilable to the proposed subdlvislon.
�e, Th�t prtor to fin�l approval of the plan, the o�vner shall
aatisfy �il �aqutrepents. financial and otherwise. of tht Ta+n
of PSckertng. This sha11 include, a�ony other watten .
executlon of a subd1v1s1on agreement between the owner anE the
Town of Ptcktriny, concerning the provision and installatlon
of ro�ds, services and Aratnage. and otAer local servlces.
19. That prtor to 71n�1 approval of the pl�n. the ownar
satisfy tll requireaents. financial and otherv�l:e.
Re91oe of Du�haa. Th1s shall include� a�ong other
ezecutton of � subdivislon ag�eement ��t�+ee� the ow
the Regton of UuMa� concerntng the p�orision and
installatlon of s�nitary sewer. wate� supply, roads
regtoaal servlces�
sh�ll
of the
■atters,
ner and
and otAer
,/. �
�
'>�
�
�
-3-
�
20 That the subdlvislon agree�aent between the owner and Town of
Pickering shall contaln, among other m�tters, the followlny
provisions:
�) The ownar �grees to carry-out, or cause to be
�(L carried-out, to the satisfactlon of the M1nlstry of
M Na W ral Resources and ihe Metropolitan Toronto and Region
Con;ervatlon Authority, the recomnendations referred to 1n
l� the report as required 1n condition 12.
M��
b) The owner agrees to:
1) obtaln approvals under the Lakes and Rivers
Improvement Act for any channellzation and any other
lnstream works;
11) maintaln all stormwater mana9ement and eroston and
sedimentation control structures operating and in
good repafr durtng the constructlon period, in �
manner satisfactory to the Ministry of Natural
Resources, and
1i1) advlse the Mlnistry of Natural Resources 48 hours
prtor to comnencement of gradtng or the lnitiation
of any on-site works.
c) The owner agrees not to develop Blocks 8g, 9�, ed3a�C 8 ��
except in conjunctlan with abutting lands a�d further
agrees to �aalntain these btocks to tAe satisfaction of the
Town of Pj€kerinS�nti1 they are developed. However,
Blocks'�°�nC ii y De registered as lots if the sale of
that portton of aDutting Block "G"� Plan M-1162 has been
fin�liied and the land conveyed to the owner of lot 27,
Plan M-1162 prior to the registratton of thts draft plan.
d) The �rchltectural statement requlred by the subdivision
agreeaent shali address the details of driveway design
withln the cul-de-sac (lots 21-23) and other stmilar areas
of road deslgn (lots 'b� and J6� to 78'1. �
�' -'SN fot� '} i
21. That prlor to f1na1 approval, the Ontario Munic{pal Board
shall be advised 1n writing Dy:
a) The Region of Durham, how conditions 1, 3, 4, S, 16, 17
anG 19 have been satlsfled;
, •
b) The Town of Pickering, how conditfons 1, 2, 3, 6, 7, 8, 9,
10, 15. 18 and 20,ha've Deen sattsfied;
c) The Ministry of Netural Resources, how conditions 11, l2,
13. 14. 20 a) and 20 b) has been satisfied.
d) The Metropolltan Toronto and Reglon Conservation
Authority, how condlttons 12 and 20 aj have been
satisfled.
E'� �Il,c t��r sl�aQ re5arvc Bl�ks 05 ancf C�. -`or ac��-��s�•i�on
ey �� �Inwn a� ����i� as a-(�iol��rc �� F.�! s:a�- c�c-pnr,sion �
i-� suc� a�c{u�si-�w�n ►s nr� Go�„PL-�d b�l Go c��s -(�d�G.,�nc�
rc[�iei4ralion c�-If,e an,`1{�er1 $kz�s 05 a�.d 8� cf•z.11 b�
¢�-vnbiheG� w rl� � lsl �+�i (o� , ��"f�olivai�/. .
�
.'
�
-4-
NOTES TO DRAFT APPROYAL
0
1. As owner of tM proposed suDdivislon, it is in your interest
+s well �s your respons1b111ty W satisfy all conditlons of
approwl 1n an �xpedltious �anner.
2,. All pl�ns ot subdivislon nust De re9lstered in the land tltles
syste� w1tA1n tM Ourh�■ Reglon. •
. �
3. MAero ay�nctes nquire�ents are contained in the subdivision
agree�ent, � copy of the a9reement shall be sent to these
ayencles 10 order to factlitate thelr clea�ance for final
approval, These �genctes are:
a) I.B. E�rl, Distrlct Manager, Ministry of Natural
Resources. 10401 Duffertn Street, Maple, Ontario
LOJ 1E0.
b) Ms. A. Altkens, Metropollta� �oro�to and Region
Conservation Authority. 5 Shoreham Drive, North York,
Ontarlo M3N 154.
� 4. When the �unlclpality tompletes the preparation of the zoning
by-law �eferred to in Condition 1Q. the said by-law should be
: clrcul�ted to the Minlstry of Natural Resources. 7his would
� facilitate clearance by tAe said agency.
�
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etocu er
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T� � � �
� __.'I FINCH AVENUE
r� p ( R0�0 ALLOWANCE BETM'EEN CONCESSIONS 1 ANO 2 1
r�ie
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DETAIL A
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� l�j l Il II OF SUBOIVISION OF
���iT OF LOT 2
�� LAN H-50058 AND
� ?aw0 oKPOK�RNCAN M-1038
oiauct�rFe REOIONAL MUNICIPAIITV OF OURFIAM
��� � SCALE � 1 � 75�
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� MEIRIC : �...�a,.m,.� �.�.:� w "
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SEARNIB NOTE :
�:�";,^ ':^ ,»:
LEBEND :
OWNER'S CERTIFICAIE :
,..�.�. r..i��'r;.:.::°:�:::�"�"fi7
�F�`'iw.' »iX.w.�r.�
YAe.�
� i�i.r��«�w�......w�.
ERIN IIMELI� INVESTMENTS LTD.
SURVEYOR'S CERTIfICATE :
' �y-�r.,-��: ��':.r,.'�'rt»
� ,.....� a.,,�.. �.
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