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HomeMy WebLinkAboutBy-law 2977/88THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0.2977 /88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 19, Concession 1, Pickering (Draft Plan 18T-84�26, 387798 Ontario Ltd.) WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 19, 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 19, Concession 1, Pickering, respecting Draft Plan 18T-84026 (387798 Ontario Ltd.). IIY-LAW read a first, second and third time and finally passed this 19th day of December, 1988. � ;" � f > / ,�, - -' �G :'%.u�r -- _ Wayne A hurs, Mayor / r il % �.-��- �B ce ay r, er c TOWN OF PICICERING Ai %R;i��E� AS TC f;;;;�,^ LEGAI. D _ PLAN OF SUBDIVISION OF PART OF LOT 19 CONCESSION I TOWN OF PIG�KERING REGIONAL MUNICIPALITY OF DURHAM e e w :o w �o ee so ro ro m SCALE — 1 ' 750 JOHN McSKIMMING — O L S. 1987 ME�RIC DISfANGES SNOWN ON TNI9 PIAN qpE IN METRE9 ANO — CAN BE CONVERTEO TO FEET BY DMDINO BY0�304B A i= � iv c �� rav��v�� �i I � � J qpap p�.LO'N4NCE OETNEEN :UHCESS�UNS t AN� 2 --- N 72°3700"E PAlil' 2� 14154 NI_AN 40R'2iBl Ip It6 66 0 �f I � N72°SdSO�E 2 g N l2°S� 30'E ! SO 3 �" x rz°se'so'e es w 4 8 N 72°S['30"E !! so �� .i �i .I' 5 �� s/a R 1 0 I- L 7 � �se'so'[ S� � �e 8 � 0 �se'eo'c � 9 8 n N72°!!SO"E 77 30 '� � 7JS0 iNST p 2?2i?5 P ,4 I� T 2 i' I_ /1 N Paf�l 01= B LOCK �., �� IV !, F J J I�) IV 1' I_ � IV N T2" 4935-E 1-�i 1 i ° � � I I_ 0 1� i ° II � 4�JR- 0 L� W m YO � 6 � i �/ NW~ ~ ,y 6 � � �, d b � c N s ; b Z .= o N� a NZ � � ro' N ![ �]-� n � f N�= 2 6 �L \ , . s .` 161lJ ��� f9S63 — ' INS1. U232i4i P ,4 I� �I I � 4�JR -�663 ° C�J N C 1= S S f 0 N i ,,, ^ �Z � R Q i ^ I�l / 387798 On�ar�o L-Fd. - �Cou9 s� - I Sr-`$fo�b J C �\ A THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.29�� /88 Being a by-law to authorize the execution of a Subdivision Agreement respecting the development of Part Lot 19, Concession 1, Pickering (Draft Plan 18T-S4026, 387798 Ontario Ltd.) WHEREAS the proposal to subdivide and register a plan of subdivision of Part Lot 19, 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 19, Concession 1, Pickering, respecting Draft Plan 18T-84026 (387798 Ontario Ltd. ) . BY-LAW read a first, second and third time and finally passed this 19th day of December, 1988. / � N �' (,!,(,-C/J Wayne A hurs, Mayor / � ,�l L-�i " B ce Tay r, • lerk TOWN OF PICI<EftWG i i'(iii�J[F:) �c jn Fr�ot�e J V ti:�:y� LFGAL D!:: PLAN OF SUBDIVISION OF PART OF LOT 19 CONCESSION I TOWN OF PIG�KERING REGIONAL MUNICIPALITY OF DURHAM o e w zo �o �o w eo ro rem M.T SCALE — I '. 750 JOHN McSKIMMING — O L S 1987 METFIC DISTANGES 9HOWN ON THIS PLAN APE IN METPES ANO CAN BE CONVERTED TO FEEi BY DNIDIN6 BY 0�3048 �� ze ao I N 72°SB 50'E J3-Ti0 2 1= i I�1 C �� /a V E IV �J L �,� � 1. ROA� AI.I_0'AFNCE UET'NEEN CUNCESSIUNS f aND'2 -------- i�.ai�r z Ni_aN noN-z�ei 5 N 72°3700�E ' 14154 —L 116 66 0 �9 n p I� aa� NIn g 3 N 4 �� �'i �� � 5 �� g�-� � � � �- �_ �� � 'SB 50"E 350 B LOC K 6 g l L ,___ ._ (� �J �V v I_ J J I�� IV 7 � °se'so ¢ �j� : 'o 8 �o Ase'so"c — s�so 9 8 9 pSB50"E SJ 50 lo 0 iNST U 232i±5 P A I� 1 2 �� �_ �� ��i P ,a I� 1 01- I' I_ � IV N 72° 49 35�E �-�� �� � ° � I � G I' 1 4�)I�- / W O'��1 � 01\' W „\ 1 0 1 � b d N z� c( y b� 195 63 1 NS7. 1123214i I'.4177 I 4�JR —�'lib3 COI�CESSION i 0 � � � � . b �� a �Z N R \ , �� s 6 Y \ \ � ` ' G �� 0 JO ti a u. c � r.> a �, � 38779� On�-ar�o L-Fd. - �Couq s� - ►Sr-`$�io�b THIS AGREEMENT made this day of , 1988 B E T W E E N: 387798 ONTARIO 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 19, Concession 1, 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-84026; 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 2. 3 LAND AFFECTED The lands affected by this Agreement (the "Lands") are Lots 1 to 10, both inclusive, and Block 11, Plan 40h1- , Pi�kering. CANCELLATION OF AGREE�1ENT In the event the plan of suhdivision 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. 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" , and the pronoun "it" is used, it shall be read and construed as "Owner or Owners", and "his", iz) 5. TIME 0 7 0 0 10 "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. Schedules A and B attached hereto shall form part of this Agreement. Time shall be of the essence of this Agreement. 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. 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 GENBRAL 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. CON5ULTING ENGINEERS workmanlike man- set forth to the perform or make (1) The Owner shali 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 develop ment of the plan of subdivision . (2) Such Consulting Engineer, or any retained until the work provided formally accepted by the Town. STORM DRAINAGE successor thereto, shall continue to be for in this Agreement is completed and (1) The Owner shall construct a complete storm water drainage and manage- ment system, 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 �'lorks and according to the specifications of the Town in effecx at the date hereof and shal] maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (Z) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public �Vorks 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. 2 (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. 11. ROADS - PAVED (1) The Owner shall reconstruct Royal Road adjacent to the plan of subdivi- sion according to the Town's specifications for paved roads of the Town in efFect at the date hereof. (2) The Owner shall maintain and repair roads where construction has taken place or that are used by construction traffic entering the plan of subdi- vision 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 to be reconstructed that construction is taking place. (4) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. (5) 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. CURBS & GUTTERS (1) The Owner shall construct curbs and gutters on the roads to be recon- structed pursuant to section 11, according to the specifications of the Town in effect at the date hereof and shall maintain them until Yhey 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 original curb depression according to the specifications. 13, 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 Block 11. (2) The Owner shall construct the following segment of sidewalk, within six months immediately following the occupancy of the first dwelling unit to be occupied on any lot adjacent to that segment, despite the provisions of section 1 of Schedule A: (a) adjacent to Lots 1 to 10 on the east side of Royal Road and on the south side of Finch Avenue. (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 unti] it is formally ac- cepted by the Town. 14. 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. �i 15 16 17 STREET LIGHTING (1) The Owner shall upgrade street lighting, as required, on Royal Road, Finch Avenue and Brock Road, including poles and other necessary appurtenances. (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 tJtilities 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. INSPECTIONS (1) Prior to the registration of the plan, the Owner shall pay to the Town the sum of $350 as an engineering drawing inspection fee. (2) All works required to be constructed by the Owner, except those re- ferred to in sections 14 and 15 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 be limited to, salaries tration fees. LIABILITY INSURANCE in subsection (2) may include, but not necessarily and wages of Inspectors, testing fees and adminis- (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 $5,000,000. (3) In the event any renewal premium is not paid, the Town, in order to prevent the lapse of such Liability Insurance Policy, may pay the renewal premium or premiums a�id the Owner shall pay the cost of such renewal or renewals within 30 days of the account therefor being rendered by the Town. (4) It shall be the responsibility of the Owner to notify the Town of the dates for the renewal of the premium of the said policy and to supply proof that the premium of the said policy has been paid in order that the protection provided by the Liability Insurance Policy shall not lapse. 18. PERFORMANCE & 69AINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 60$ 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) guaranteeing the satisfactory construction, installation or perfor- mance of the works; guaranteeing the payment of any amounts payable to the Town under section 16 of this Agreement; 4 a 19 (c) guaranteeing the payment of any amount that the Town may be required to pay under the proviaions 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$, in value, of works have been conatructed, installed or performed, and paid for, apply for a reduction in the security and such application shall be made to the Tawn Treasurer. (3) Upon written verification from the Director of Public Works that the construction, installation or performance of the works for which reduction is being sought have been satisfactorily completed and paid for, the Town Manager may reduce the amount of the security to an amount not less than, (a) (b) and (c) sixty per cent (60$) 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) a certificate of final completion has been made by the Owner's Consulting Engineer; (ii) 45 days following the making of such certificate have expired; and (iii) all liens that may be claimed against any holdback required to be retained by the Town have expired or have been satisfied, discharged or provided for by 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 6e provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 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. 5 (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 ahall not provide for the drainage of surface run-off water onto Town-owned parkland, open space or walkways unlesa provision is made for the installation by the Owner, at no coat to the Town, of suit- able swalea and catch basina 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 Owner in accordance with the approved Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (5) If, in the opinion of the Director of Public Works, drainage problems occur prior to formal acceptance of the works in the plan of aubdiviaion 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 groblems. (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 followin�g 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 Sune 30 in the following year. 20. INGOMPLETED OR FAULTY WORK (1) If, in the opinion of the Director of Public Works, the Owner is not prosecuting or causing to be prosecuted the work in connection with this Agreement within the specified time, or in order that it may be completed within the specified time. or is improperly performing the work, or shall the Owner neglect or abandon it before the completion, or unreasonably delay the same so that the conditions of this Agreement are being violated or carelessly executed, or in bad faith, or shall the Owner neglect or refuse to renew or again perform such work as may be rejected by the Director of Public Works as defective or unsuitable, or shall the Owner in any other manner, in the opinion of the Director of Public Works, make default in performance of the terms of this Agreement, then in any such 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 notifica- tion be without effect within 10 clear days after such notice, then in that case, the Director of Public Works shall thereupon have fuIl authority to purchase 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 �Vorks, 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 (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. 6 21. TRANSFERS - EASEMENTS (1) The Owner shail arrange at no cost to the Town for granting to the Town auch easementa as the Director of Public Worka or his designate shall deem neceaeary for the provision of atorm water drainage and management Facilities both within the boundariea of the plan of subdivision and across lands adjacent thereto but outside its boundaries. (2) Such easements shall he subject to the approval of the Director of Public Works or his designate as to their location and width. (3} The construction of any services in such easement or easementa referred to in subaection (1) shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands acroas which the easement shall lie. 22. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) (b) (c) (d) (e) (f) Paving of Driveway Approaches To pave all driveway approaches between the•curb and sidewalk. 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 fi]] or debris on, nor to remove or permit to be removed, any fill from any public lands, 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 5ha1] be no burning of refuse or debris upon its lands or any public lands. Construction Traffic W herever possible, to ensure that construction traffic serving the devel- opment of this plan does not use roads, in this plan or adjacent plans, having occupied residential units fronting thereon. Qualitative or Quantitative Tests The Director of Public �Vorks 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 3Q 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. 7 23. 24 (8) (h) (i) (j) (k) SpEdficstiona Unlest otherwise provided, to perform any work required to be done under thia Agreement to the specifications of the Town in effect at the date hereof. Temporary Signs To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. Engineering Drawings Prior to the final acceptance of the su6division, to supply the Town with the original drawings of the engineering works for the plan of subdivi- sion, with amendments, if any, noted thereon. 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 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 issued for any building or part of a building in the subdivision until sewer and water facilities are available, and in the opinion of the Director of Public Works, capable of praviding.adequate service. (2) No building or part of a building in the subdivision shall be occupied except upon the issuance of a municipal occupancy permit. (3) No application for a municipal occupancy permit for a building or part of a building shall be made except upon the following conditions: (i) (ii) (iii) (iv) Storm sewer, sanitary sewer and water facilities are installed and in operation to adequatelv serve such building or �art 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 Such curbs, as in the opinion of the Director of Public Works, are required to be completed prior to occupancy have been con- structed on the said road. DESIGN 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. .. 8 25 26. (2) The report referred to in subsection (1) may be required, at the Direc- tor'e option, to provide the following information: (a) houae massing; (b) atreetscape; (c) exterior materials and colours; (d) architectural style; (e) viaual variety; (f) energy conaervation 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) streetscape to show all street furniture and vegetation; (e) the relationship of buildings by blocks; and (f) an y other data or information required. 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 1968; (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 shall have been made in advance of the issuance of such permit with respect to such dwelling unit. (3) In any event, the of this section in tion of the plan. Owner shall pay all levies payable under the provisions ful] no later than 18 months from the date of registra- (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 refer'red to in the said letter. 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 $30,500 as security for the payments referred to in section 28 hereof. 27. GENERAL PROVISIONS - FINANCIAL MATTERS The Owner agrees with the Town: (a) Taxes To pay the taxes in full on all the lands included in the plan of subdivi- sion, as required by law from time to time. 9 (b) Local Improvements Prior to the release of the plan for registration, to prepay any outatanding local improvement charges which are levied against any of the lands in the plan of subdivision. (c) Interest To pay interest at the rate of eighteen per cent (18$) 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. (d) Regiatration 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. (e) Lien or Other Claims Upon applying for final acceptance of the subdivision, to supply the Town with a Statutory Declaration that all accounts for work and materials have been paid, except normal guarantee holdbacks, and there are no claims for liens or otherwise in connection with such work done or material supplied for or on behalf of the Owner in connection with the subdivi- sion, or if such claims do exist, the Owner shall indemnify the Town against all claims, actions or demands for liens or otherwise and all costs in connection therewith. 28. 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 expiring security into cash and hold the cash in lieu of and for the same purposes as any further security. 29. PROVISION OF PARKLAND Prior to the registration of the plan, the Owner shall pay to the Town the sum of $18,375 in cash or by certified cheque, which sum the Town shall accept in full satisfaction of the Owner's obligation to provide parkland. 30. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, 10 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 treea 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 10 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. " 10 31. TREE PRESTRVATION (1) The Owner ahall retain, at its own expense, a qualified expert to prepare a Tree Preservation Program indicating which existing trees shal] be preaerved. (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 shall 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 ahall not com- mence, nor allow to be commenced, any aspect of the development of the lande 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) shall continue until, (a) where the lands upon which the tree is located comprise a res- idential building lot or block, tweive months after the completion of the soddin� 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 Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED a DELIVERED 387798 ONTARIO LTD. THE CORPORATION OF THE TOWN OF PICKERING ayne Art urs, ayor Bruce aylor, er 11 1. SCHEDULE A TIME LIMIT FOR WORK & GUARANT�E FOR WORKMANSHIP & MATERIALS (1) In this section, "preservicing" means the undertaking, prior to the registration of this plan of subdiviaion, of any works or servicea required to be undertaken by the provisions of this Agreement, on the Landa or on any lands adjacent thereto, and "preaervice" has a corresponding meanin g . (Z) 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 Servicea Department only after the Owner has, . (a) (b) (c) (d) executed this Agreement; supplied a satisfactory liability insurance policy pursuant to section 17; provided a Grading Control Plan submission pursuant to section 19 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 19(3); and submitted a Tree Preservation Program pursuant to section 34 which has been approved by the authority referred to in sectian 31(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 O wner has, (4) (a) (b) (c) executed this Agreement; supplied a satisfactory liability insurance policy pursuant to section 17; supplied a satisfactory performance and mainteaance security pursuant to section 18; (d) provided a Grading Control Plan submission pursuant to section 19 which has been approved, subject only to the provision of corrected drawings, by the authorities referred to in section 19(3); and (e) submitted a Tree Preservation Program pursuant to section 31 which has been approved by the authority referred to in sub- section 31(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, testa and examinationa 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 O�vaer ahall complete all works, services and requirements under this Agreement. (a) within one year of the date of registration of the plan of subdivi- aion if preservicing (except pre-servicing limited to that de- scribed in subaections (2) or (4), or both) has occurred with or without the Town's approval, or (b) within two years of that date if no preservieing (except pre-servicing limited to that described in subsectiona (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 worke, ser- vices and requirements under this Agreement for a period of two yeara from the date that the works, services and requirements are approved in writing by the Town. 2. 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. 3. RESERVED FUTURE DEVELOPMENT BLOCK - BLOCK 11 (1) Block 11 shall be reserved for future residential development by plan of condominium only; such development shall not commence without the prior written approval of the Town which may be subject to conditions includ- ing, but not necessarily limited to. an amendment to this Agreement. (2) Until such time as Block 11 is developed in accordance herewith, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. 4, DWELLING UNIT COUNT (1) In the event that more than 10 units (1 each on Lots 1 to 10) are to be constructed in this plan pursuant to this Agreement, an amendment to this Agreement shall be required. (2) In the event that less than 10 units ias 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 16(1) and 29, and (b) the amount of the security to be provided to the Town pursuant to section 26, shall be pro-rated accordingly by the Town without an amendment to this Agreement. A-2 SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED BY THE REGIONAL MUNICIPALITY OF DURHAM The sectiona aet out in this Schedule represent proviaions 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 November 10, 1987, of Draft Plan 18T-84026 by the Commiasioner of Planning of the Regional Munic- ipality of Durham. 2. METROPOLITAN TORONTO & REGION CONSERVATION AUTHORITY ("M.T.R.C.A.") M.T.R.C.A. requires that, (a) the Owner 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 7 of the Approval, and (b) the Owner submit individual lot site and grading plans to M.T.R.C.A. for its review and approval for Block 11 and Lots 1 to 10 inclusive prior to issuance of building permits by the municipality. B-1 � .� 3. ppAiT M,AN OF SUBDIVISION AND REZOlfI1� AKLICATION SUBMITTED gy 387798 ONTA&IO LIMITED ON THE SOUTHMEST CORNER OF FINCH AVENUE AND BROCK ROAD �C�I�� FILE NUMBER - B 4100 - 18T-84026 FILE NUMBER - B 2310 - A 26/84(R) 7 That Town Council recommend to Regional Council that Draft Plan of Subdivision 18T-84026 (Revised April/87) submitted by 387798 Ontario Limited (Coughlan Homes) on lands being Part of Lot 19, Concession 1 be APPROVED AS REVISED subject to the following conditions and revisions: 1. That this recommendation apply to the revised plan prepared by Design Plan Services Inc., dated March 25, 1987, drawing number C-8706-1, subject to changes in "red", bearing the Town's Recommendation stamp. That the owner make satisfactory arrangements with the Town regarding the required parkland dedication. That the owner enter into a subdivision agreement with and to the satisfaCtion of the Town. 4. That the owner make satisfactory arrangements with the Town and Region regarding the provisions of all services required by the Town. 5. That the owner make satisfactory arrangements with the Town respecting the upgrading of Royal Road, Finch Avenue and Brock Road to fuil urban standards such as the provision of sidewalks, streetlighting and boulevards. That the owner make satisfactory arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. 7. That the owner submit for approval by the Town, site plans and streetscape elevations showi�g the location and relationship of all buildings prior to the issuance of any building permits. That prior to final registration of this plan, the owner: a) submit a Draft 40M-Plan to be approved by the Town Planning Department; b) submit a detailed tree inventory and preservation programme to the satisfaction of the Town and agree that no trees be removed untii such time as this progrartMne has been approved by the Town except as authorized by the Director of Parks and Recreation. c) satisfy the Town's Director of Public Works regarding Simcoe Engineering's comments respecting stormwater management facilities; d) satisfy the requirements of the Metropolitan Toronto and Region Conservation Authority. JUN $9 1yn� / � ��� � 9. That the owner agree to convey to tfie Town any easements as required. 10. That the owner submit an environmental noise analysis to the Town and the Region of Durham for approval and agree to undertake any work necessary as determined by the report. 11. That Block 12 6e developed by �raft Plan of Condominium. 4. DRAFT PLAN OF SUBDIYISION AND REZONING APPLICATION SUBMITTED BY 387798 ONTARIO LIMITED ON THE SOUTHWEST LORNER OF FINCH AYENUE ��'�� 1 AND BROCK ROaD FILE NUMBER - B 4100 - 18T-84026 FILE NUMBER - B 2310 - A 26/84(R) That Zoning By-taw Amendment Application A 26/84 (Revised ppril187) submitted by 387798 Ontario Limited (Coughlan Homes} on lands being Part of Lot 19, Concession 1 be APPROVED IN PRINCIPLE AS REVISED to implement development as proposed by Draft Plan of Subdivision 18T-84026 (Revised April{87) subject to the following condition: 1. that the implementing zoning by-law pertaining to Block 12, not be forwarded to Town Council until the Planning Department is satisfied respecting an appropriate site plan. L.v- �3wwCJ..�.�u �.... � w . � - (�T4�I�� �. :-f/i� ....h..-� -. .�. _. ._ ..R.-ib4 . �+�ae�. .- l�.�- . . . � ` - iy/ Attachment to letter dated November 10, 1987 From: Dr. M. Michael� Commissioner of Planning To: Mr. J. F. Coughlan Plan of Subdivision 18T-84026 ToMn ot Pickering CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PIAN Of SUBDIVISION ARE AS fOLLONS: That this appraval applies to draft plan of subdivison 18T-84026. prepared by Design Plan Services Inc. identified as number C-8706-1 revised and dated Marcfi 25, 1987 which is revised in red as per attached plan showing 10 sin9le family lots, one future block and 1 reserve block. 2. That 0.3 metre reserve as shown as Block 12 shall be conveyed to the Region of Durham. ��3 (,� "J 5� That the owner shall convey land to Lhe 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. That the uses shown on the approved draft plan shall be zoned in an appropriate zoning by-law passed by the Council of the Town of Pickering in effect in accordance with the Planning Act . 6. 7hat the zoning by-law referred to in condition 5 shall contain the appropriate provision(s) which will have the effect of restricting the openings in all buiidings to minimum elevations set in consultation with the Metropolitan Toronto and Region Conservation Authority. 1. Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the owner sfiall submit for the review and approval of tt�e Metropoiitan Toronto and Region Conservation Authority, (a) a detailed engineering and drainage report that destribes Lhe storm water management techniques, the proposed methods for controlling or minimizing erosion and siltation on-site and/or in downstream areas during and after construction, location and description of all outlets and other facilites which nay require permits under Ontario Regulation 293/86; (b) plans for the proposed flood danage reduction measures to be implenented for this development; (c) overall grading plans for the subject lands. ,� , . � � _y '� �,_— - 1 Y�--- � i �. _ . _ _ _ . . -�::--:�....,...... -.�.:.z:_.. _. . � . _ . _ �.. _..�.�_. —. ......n_ .. y�Y'. �V �et.�. _ ..._.f ��.��.. . .. .. . �/ �Z 8. Prior to finai approval, the Ministry of the Environment is to be notified by the Regional Municipaliiy of Durham that adequate wattr supply and sewage treatment capacities are available �Id have been aliocated to this development. • ,/9.� That the w�M� shall submit Lo the 7own of Pickering and the �� Region of Durham, for review and approval, an acoustic report to be prepa�eG by an acoustic engineer, recomnendi�g the necessary noise attenuation measures. 10. That Lhe owner shall provlde for the extension of such sanitary 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 shali provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required Lo service other developments external to his subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed as per the standards and requirements of the Region of Durham; all arrengements, financial and otherwise, for said extensions are to be to the satisfaction of the Region of Uurham and are ta be completed prior to final approval. 11. That prior to entering into a subdivision agreement the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacity are available to the proposed subdivision. 12. That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of Lhe Town of Pickering. This shall include, amo�g other matters, execution of a subdivision agreement between the owner and the Town of Pickering, concerning the provision and installation of roads, services and drainage, and other local services. 13. That prior to final approval of the plan, the owner shall . satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, execution of a subdivision agreement between the owner and the Region of Durham concerning the provision and installation of sanitary sewer, water suppty, roads and other � � regional services. 14. 7hat the subdivision agreement between the owner and the Town of Pickering shall contain, among other matters, the following provisions: a) ;The owner agroes �o car�y-out, or causa to be carried-out, to tne satis`action of �he Metropoli[an Toronto ar.d Region Cunservation Aa',��rity, the �ecorrrren�a:i^n; :r_ rc� �. �, :�,e -epo:� a> �e�.���e1 , .:J"C1L1;`. '. � �.. -�_ ' F'__ _ t �_. � � _._._ _ . _ _ __ . � _._.__ ._._._.,;,_ _ _.___ .._. _ �.` __ .'--_- _ - — -3- b) he owner agrees to submit individual lot site and grading - plans"to Lhe Metropolitan 7oronto and Region Conservation Authority for their review and approval for B1ock il and Lats 1 to 30 inclusive prior to issuance of building permita by the municipality. c) he owne� agrees to implement those noise control measures as recomnended in the acoustic report as required in : condition 9. �d) e owner agrees to develop Block 11 by a draft plan of condominium. 15. That prior to finat approval, the Commissioner of Planning for the Region of Durham, shail be advised in writing by: a) Town of Pickering, how conditions 1,3,4,5.9, and 14 have been satisfied; b) Metropolitan Toronto 8 Region Conservation Authority, how conditions 6,7.14a) and 14b) have been satisfied; c) Ministry of the Environment, how condition 8 has been satisfied. , N07ES TO ORAFT APPROVAL 1. As owner of the proposed subdivisian, it is in your interest as well as your responsibility to satisfy all conditions of approval in an expeditious manner. 2. A11 plans of subdivision must be registered in the land titles system within the Durham Region. 3. The existing storm sewer on Brock Road was not sized to accommodate the proposed development area. If the developer's consultant can provide calculations to the Region to show that the proposed starm connection will not cause problems in the existing system, the Region may permit the subject land to outfall to the said storm sewer on Brock Road. 4. 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. Fitkens, Metropolitan Toron[o 8 Re�ion Conservation Authority, 5 Shoreham Drive, NorCh York, Ontario, M3N 154. 5. 'hn�n the muri=';,,iiC; .�n,letes 'ne ^r2^ara�i�n of :he �on°�c 7v—I�w �'C`.:!'rE': :J '.n „Or:�;..:ir � .`�? ;,I. .—'3w ��.5'. ..? _.^Cl1�d�N� �_ _"t' �"2i.('OrOi ._ .���f�._ M1 �(—'� . �.'.,��_ .." _ ..�I.h.7.^7'-r. '.�" . .Y�. C .'��, . . "`)".. . �.. ..:i a.�aa'1i : : � � �-'L � �"_ _ R ��_ , �.._ � p^P�ICANT'S SUBMITTED REVISED PLAN A LARGE SCALE PRINT OF THIS PLAN IS AVAILABCE FOR VIEWING AT THE TOWN PLANNING DEPARTMENT, 1305 PICKERING PARIdIAY, 2M0 FLOOR. / � . � J Q r O � c � u I{ DRAFT PLAN OF S'UBDIVISION OF� � PART OF LOT 19 CONCESSION I. TOWN OF PICK�RING REGIONAL MUNICIPALITY OF DURHAM.- REVISED - � APRIL 16, 1986 FI NCH AVENU E . . \ � 4 f � � =i: i�i --- � K w ` � • � �'� � iii � i� -•- � W W � �� M :o tl • ' �s g���� • �°�; noeK i ��oc : \ 1 �., •.. 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