HomeMy WebLinkAboutBy-law 2482/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2482 /87
Being a By-law to authorize the execution of a
Subdivision Agreement respecting Part Lot 33,
Ran ge 3, B. F. C., Pickering (Draft Plan
18T-84005~ 557351 Ontario Limited).
WHEREAS a proposal to subdivide and register a plan of subdivision of Part Lot 33,
Range 3, B.F.C., Picketing has been approved by the Council of the Corporation of
the Town of Picketing and the Regional Municipality of Durham, subject to several
conditions, one of which requires the entering into of a satisfactory Subdivision
Agreement with the Corporation of the Town of Picketing;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing ttEKEBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Subdivision Agree-
ment, in the form attached hereto as Schedule A, respecting Part Lot 33, Range
3, B.F.C., Pickering (Draft Plan 18T-840051 557351 Ontario Limited).
BY-LAW read a first, second and third time and finally passed this 19th day of May,
1986.
ITEM
THIS AGREEMENT made
, 1987.
BETWEEN
557351 ONTARIO LIMITED
and
557351 ONTARIO LIMITED carrying
on business under the firm name
and style of Meadowcliffe Homes
hereinafter collectively called the "Owner"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS the Owner proposes to subdivide part of Lot 33 Range 3, Broken Front
Concession, 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-84005, as revised;
NOW THEREFORE, THIS AGREEMENT WITNESSETH, that in consideration of the Town
approving the proposed plan of subdivision, and the covenants hereinafter expressed,
the Parties hereto covenant and agree one with the other as follows:
LAND AFFECTED
The lands affected by this Agreement (the "Lands") are
inclusive, and Blocks 79, 80, 81, 82, 85 and 86, Plan 40M-
Lots 1 to 78, both
, Picketing.
2. CANCELLATION OF AGREEMENT
In the event the plan of subdivision is not registered on or before December
31, 1987, 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.
ITEM
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.
INTERPRETATION
(i)
Whenever in this Agreement the word "Owner", and the pronoun "it" is
used, it shah be read and construed as "Owner or Owners", and "his",
nher" or "them", respectively, and the number of the verb agreeing
therewith shall be construed accordingly.
(2) Schedules A and B attached hereto shah form part of this Agreement.
TIME
Time shall be of the essence of this Agreement.
BINDING PARTIES
This Agreement and everything herein contained shall enure to the
and be binding upon the Parties hereto, their successors and assigns.
benefit of
7. LICENCE TO ENTER
The Owner shall retain a licence from any subsequent purchaser of the Lands,
or any part thereof, to enter upon the Lands in order to comply with the
provisions of this Agreement.
8. OWNER'S GENERAL UNDERTAKING
The Owner shall complete at its own expense and in a good workmanlike man-
ner, for the Town, all the municipal services as hereinafter set forth to the
satisfaction of the Town of Picketing, and shall complete, perform or make
payment for such other matters as may be provided for herein.
9. CONSULTING ENGINEERS
(1)
The Owner shall retain a Professional Engineer as the Consulting Engineer
of the Owner to carry out all the necessary engineering and to supervise
generally the work required to be done for the development of the plan of
subdivision.
(2)
Such Consulting Engineer, or any successor thereto, shall continue to be
retained until the work provided for in this Agreement is completed and
formally accepted by the Town.
10. STORM DRAINAGE
(i)
The Owner shall construct a complete storm drainage system, including a
street storm sewer on Twyn Rivers Drive between the northerly extension
of the westerly boundary of Lot 25 and Altona Road, storm water manage-
ment facilities, 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 specifica-
tions 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
ITEM
(2)
(3)
(4)
(5)
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
af£ected hereby to service the plan of subdivision and the aforementioned
lands outside the plan of subdivision, which in the opinion of the Director
of Public Works, will require its use as a trunk outlet.
Should, in the opinion of the Director of Public Works, an inadequate
stream, structure or facility exist in the outlet system outside the plan of
subdivision, the Owner may be required to carry out such works as are
necessary to provide an adequate outlet.
The Town may connect or
system but such connection
system by the Town.
authorize connection into any part of the
shall not constitute acceptance of the sewer
No connection under subsection 4, above, shall be undertaken or au-
thorized prior to preliminary acceptance of the sewer system by the
Town, except in an emergency.
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 proposed road allowances shown on the plan of subdi-
vision and that part of Howell Crescent in Draft Plan 18T-85015.
(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 subdivision
and that part of Howell Crescent in Draft Plan 18T-85015, and shall
restore Twyn Rivers Drive between Altona Road and the northerly
extension of the westerly boundary of Lot 25, 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 Howell Crescent in Draft Plan 18T-85015
and the part of Twyn Rivers Drive to be restored 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
(i)
The Owner shall construct curbs and gutters on the roads to be con-
structed or restored pursuant to section 12, according to the specifica-
tions 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 original curb depression according to the specifications.
3
14.
SIDEWALKS
(1)
The Owner shall construct the following segments of sidewalk in accor-
dance with the time limits set out in section 1 of Schedule A:
(a)
between the northerly extension of the westerly boundary of Lot
25 and Hoover Drive, on the south side of Twyn Rivers Drive;
(b)
between Hoover Drive and Altona Road on the south side of Twyn
Rivers Drive; and
(c) between the southerly boundary of Block 89 and Twyn Rivers
Drive on the west side of Altona Road.
(2)
The Owner shall construct the following segments of sidewalk, in each
case prior to the occupancy of any dwelling unit on any lot adjacent to
that segment, despite the provisions of section 1 of Schedule A:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
adjacent to Lots 40 to 44, on Howell Crescent;
adjacent to Lots 50 to 54, on Howell Crescent;
adjacent to Lots 30 to 34, on the west side of Hoover Drive;
adjacent to Lots 45 to 49, on Howell Crescent and on the west
side of Hoover Drive;
adjacent to Lot 62, on the west side of Hoover Drive;
adjacent to Lots 63 to 65, on the east side of Hoover Drive;
adjacent to Lot 17, Block 83 and Lots 18 to 24, on the east side
of Hoover Drive;
adjacent to Lots 9 to 16, on the east side of Hoover Drive and on
the north side of Richardson Street;
adjacent to Lots 1 to 8, on the north side of Richardson Street;
adjacent to Lot 1 and Block 84, on the west side of Block 90;
adjacent to Blocks 79 and 80, on the east side of Fawndale Road;
adjacent to Lot 78, on the west side of Fawndale Road.
(3)
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 Picketing Hydro-Electric Commis-
sion, Pickering Cable T.V. Limited or Bell Canada, as the case may be.
16. STREET LIGHTING
(1)
The Owner shall install street lights, including poles and other necessary
appurtenances, on each proposed street and walkway in the plan and in
Draft Plan 18T-85015 and shall upgrade the street lighting on Twyn
Rivers Drive between the northerly extension of the westerly boundary of
Lot 25 and Altona Road and on Altona Road between the southerly
boundary of Block 89 and Twyn Rivers Drive.
4
ITEM
(2)
(3)
(4)
Electrical service for street lighting shall be provided underground and
not aboveground.
Street lighting and its related electrical service shall be designed and
installed in accordance with standards established by the Town and in
conformity with the Association of Municipal Electrical Utilities Guide to
Municipal Standard Construction.
The installation of street lighting and its related services shall be under
the supervision and inspection of Picketing Hydro-Electric Commission.
17. INSPECTIONS
(1)
Prior to the registration of the plan, the Owner shah pay to the Town
the sum o£ $2,800 as an engineering drawing inspection fee.
(z)
All works required to be constructed by the Owner, except those re-
ferred to in sections 15 and 16 shall be installed under the observation of
Inspectors employed by the Town and the Owner shall pay the costs
incurred therefor within 30 days of invoices being rendered.
(3)
The costs referred to in subsection (2) may include, but not necessarily
be limited to, salaries and wages of Inspectors, testing fees and adminis-
tration fees.
18. LIABILITY INSURANCE
(1)
Before commencing any of the work provided for herein, the Owner shall
supply the Town with a Liability Insurance Policy in form satisfactory to
the Town, naming the Town as an insured and indemnifying the Town
from any loss arising from claims for damages, injury or otherwise in
connection with the work done by or on behalf of the Owner in the plan
of subdivision and elsewhere.
(2) The amount of the Policy shall be $5,000,000.
(3)
In the event any renewal premium is not paid, the Town, in order to
prevent the lapse of such Liability Insurance Policy, may pay the renewal
premium or premiums and the Owner shall pay the cost of such renewal or
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.
19. PERFORMANCE & MAINTENANCE GUARANTEE
(i)
Before commencing the construction, installation or performance of any of
the works provided for herein, the Owner shall supply the Town with a
60% performance and maintenance security in a form satisfactory to the
Town and in an amount established by the Director of Public Works (the
"original value") for the purpose of,
(a)
guaranteeing the satisfactory construction, installation or perfor-
mance of the works;
(b) guaranteeing the payment of any amounts payable to the Town
under section 17 of this Agreement;
(c)
guaranteeing the payment of any amount that the Town may be
required to pay under the provisions of the Construction Lien
Act, 1983, and
ITEM :L 6
(3)
(4)
(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.
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.
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)
sixty per cent (60%) of the original value where no certificate or
declaration of substantial performance has been made;
(b) thirty-five per cent (35%) of the original value where,
(i)
a certificate or declaration of substantial performance has
been published;
(ii) 45 days following such publication have expired; and
(iii)
all liens that may be claimed against any holdback
required to be retained by the Town have expired or
have been satisfied, discharged or provided for by pay-
ment into court;
and
(c) 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.
Upon the approval, if any, of a reduction in the amount of the security
required to be provided in subsection 1, the Town Manager or the Town
Treasurer shall provide to the Owner any necessary assurance to effect
the reduction.
20.
DRAINAGE - SODDING
The Owner shall provide the Town, before commencing any of the work
provided for herein and prior to the commencement of the development of
the plan of subdivision, with a Grading Control Plan prepared by the
Owner's Consulting Engineer, establishing the proposed grading of the
lands to provide for the proper drainage thereof and the drainage of all
adjacent lands which drain through the plan of subdivision.
(2)
The Grading Control Plan shall be prepared in accordance with the
Town's Lot Drainage and Storm Water Management Specifications in effect
at the date of this Agreement, and shall not provide for the drainage of
surface run-off water onto Town-owned parkland, open space or walkways
ITEM ]. 6
139
(3)
(4)
(5)
(6)
unless provision is made for the installation by the Owner, at no cost to
the Town, of suitable swales and catch basins to manage adequately, in
the opinion of the Town's Director of Parks and Recreation, that surface
run-off water.
The Grading Control Plan is subject to the approval of the Town's Direc-
tors of Public Works and Parks and Recreation and the Metropolitan
Toronto and Region Conservation Authority.
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.
If, in the opinion of the Director of Public Works, drainage problems
occur prior to formal acceptance of the works in the plan of subdivision
by the Town, the Owner shall correct them by re-grading or by the
construction of catch basins, swales or other structures as may be neces-
sary to correct such problems.
The Owner shall sod the front, side and rear yards of each of the res-
idential lots and blocks except for paved, planted or treed areas, upon
the completion of the construction of buildings thereon.
21. INCOMPLETED OR FAULTY WORK
(1)
If, in the opinion of the Director of Public Works~ the Owner is not
prosecuting or causing to be prosecuted the work in connection with this
Agreement within the specified time, or in order that it may be completed
within the specified time, or is improperly performing the work, or shall
the Owner neglect or abandon it before the completion, or unreasonably
delay the same so that the conditions of this Agreement are being violated
or 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 full 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
such work may be done without prior notice but the
forthwith notified.
of Public Works,
Owner shall be
(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.
22.
DEDICATIONS
The Owner shall dedicate Fawndale Road, Hoover Drive, Howell Crescent
Richardson Street as public highways upon the registration of the plan.
and
7
ITEM
23. TRANSFERS - CONVEYANCES
(1)
The Owner shall convey to the Town, free and clear of all encumbrances
and at no cost to the Town, upon the registration of the plan or within
the 30 days immediately following the registration thereof, all of,
(a)
(h)
(c)
(d)
(e)
(f)
(g)
Block 83 (walkway);
Blocks 84, 94 and 95 (future road reserves);
Block 90 (future road);
Block 91 (Hoover Drive reserve);
Block 92 (Howell Crescent reserve);
Block 93 (Fawndale Road reserve);
Block 96 (Richardson Street reserve).
(z)
Notwithstanding the provisions of subsection (1), above, a transfer
required therein shall not be deemed to be subject to an encumbrance if
that encumbrance relates in any way to the existence or maintenance of a
public utility in operation as of the date of this Agreement.
24. TRANSFERS - EASEMENTS
(1)
The Owner shall arrange at no cost to the Town for granting to the Town
such easements as the Director of Public Works or his designate shall
deem necessary for the provision of storm sewer services both within the
boundaries of the plan of subdivision and across lands adjacent thereto
but outside its boundaries.
(z)
Such easements shall be 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 easements referred
to in subsection (1) shall not commence until the easement has been
acquired, un]ess 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) Pavin$ of Driveway Approaches
To pave all driveway approaches between the curb and sidewalk, or,
where no sidewalk is to be provided, between the curb and the lot line.
(b) Continuation of 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 construction of roads in the
plan of subdivision without the written consent of the authority
responsible for such lands.
(ii)
On request, to supply the Town with an acknowledgement from
such authority of the Owner's compliance with the terms of sub-
clause (i).
(iii)
That there shall be no burning of refuse or debris upon its lands
or any public lands.
ITEM
141
(d) Construction Traffic
Wherever possible, to ensure that construction traffic serving the devel-
opment of this plan does not use roads, in this plan or adjacent plans,
having occupied residential units fronting thereon.
(e) Qualitative or Quantitative Tests
(f)
The Director of Public Works may have qualitative or quantitative tests
made of any materials which have been or are proposed to be used in the
construction of any services required by this Agreement, and the cost of
such tests shall be paid by the Owner within 30 days of the account
being rendered by the Town.
Relocation of Services
(i)
(ii)
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.
Similarly to pay the cost of moving any services or utilities
installed under this Agreement in driveways or so close thereto,
in the opinion of the Director of Public Works, as to interfere
with the use of the driveway.
(g) Specifications
Unless otherwise provided, to perform any work
under this Agreement to the specifications of the
date hereof.
(h) Temporary Signs
required to be done
Town in effect at the
To provide and erect at its own cost, to the specifications of the Town,
temporary signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(i) Permanent Signs
To provide and erect at its own cost, to the specifications of the Town,
permanent signs of such nature and at such locations as may be designa-
ted by the Director of Public Works.
(j) Engineering Drawings
Prior to the final acceptance of the subdivision, to supply the Town with
the original drawings of the engineering works for the plan of subdivi-
sion, with amendments, if any, noted thereon.
(k) Snow Plowing & Sanding of Roads
(i)
(i)
If, in the opinion of the Director of Public Works, the condition
of the road surface is not acceptable for winter control, to snow
plow and sand such roads from such occupied buildings to exist-
ing Town roads or to subdivision roads that receive the Town's
winter control service, including alternate means of access where
available.
(ii)
Such snow plowing and sanding shall be done from time to time
when the Director of Public Works deems conditions warrant and
until such time as the roads are acceptable to the Director of
Public Works for winter control.
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
ITEM
corners, the ends of all curves, other than corner roundings and all
points of change in direction of streets on the registered plan.
26.
CONSTRUCTION & OCCUPANCY OF BUILDINGS
(i)
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 providing adequate
service.
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)
Storm sewer, sanitary sewer and water facilities are installed and
in operation to adequately serve such building or part thereof;
(ii) Electric service is completed and in operation;
(iii)
An asphalt base has been laid on the road immediately in front of
the building or part thereof and extended to an existing main-
tained public road; and
(iv)
Such curbs, as in the opinion of the Director of Public Works,
are required to be completed prior to occupancy have been con-
structed on that road and extend to an existing maintained public
road.
(4)
The Owner shall maintain vehicular access to all occupied buildings in the
plan of subdivision until the roads are formally assumed by the Town.
27.
HOUSING UNITS
In the event that more or less than 80 housing units are to be constructed in
the plan, an amendment to this Agreement shall he required.
28. 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.
(2)
The report referred to in subsection (1) may be required, at the Direc-
tor's option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
house massing;
street scape;
exterior materials and colours;
architectural style;
visual variety;
energy conservation measures; and
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.
10
(4)
The plans and drawings referred to in subsection (3) may be required, at
the Director's option, to provide the following information:
(a)
(b)
(c)
(d)
(e)
(f)
the location of all buildings and structures to be erected
and the location of all facilities and works associated
therewith;
the location of landscaping features, including trees to be
preserved;
streetscape for front and rear elevation at a scale accept-
able to the Director;
streetscape to show all street furniture and vegetation;
the relationship of buildings by blocks; and
any other data or information required.
29.
FINANCIAL PAYMENTS
(i)
The Owner shall pay to the Town a unit levy in the amount of $2,000 per
unit if paid on or before December 31, 1987, $2,500 per unit if paid after
December 31, 1987, but on or before July 31, 1988 and $2,750 per unit if
paid after July 31, 1988, for each dwelling unit to be erected in the plan,
each payment to be made when the building permit for the unit is issued.
(2)
No building permit shall be issued for any dwelling unit unless payment
of the unit levy shall have been made in advance of the issuance of such
permit with respect to such dwelling unit.
(3)
Payments of such levies shall be made to the Town from time to time as
building permits are required.
(4)
In any event, the Owner shall pay all levies due under the provisions of
this section in full, no later than 18 months from the date of registration
of the plan.
(s)
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.
30.
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 $220,000 as security for the payments referred to in section 29
hereof.
31.
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) Local Improvements
Prior to the release of the plan for registration, to prepay any outstand-
ing local improvement charges which are levied against any of the lands
in the 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.
iI
ITEM
(d) Registration Fees
(e)
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.
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.
32.
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.
33.
PROVISION OF PARKLAND
Prior to the registration of the plan, the Owner shall pay to the Town the sum
of $98,000 in full satisfaction of the Owner's obligation to provide parkland for
Lots 1 to 80.
34.
TREE PLANTING
(i)
The Owner shall plant on road allowances within or adjacent to the plan,
80 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 80 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.
35.
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 shall
be governed by the Town Tree Preservation Policy in effect at the date
hereof.
12
ITEM
(4)
(5)
(6)
Until such time as the Program is approved and implemented, the Owner
shah not commence, nor allow to be commenced, any aspect of the
development of the lands in the plan, including the removal of any trees.
In the event that any tree required to be preserved by the approved
Tree Preservation Program is removed or is, in the opinion of 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.
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, twelve months after the completion of the
sodding on the lot, 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 & DELIVERED
557351 ONTARIO LIMITED
Alfred MacInnis, President
Kenneth Arnold Wilson, Secretary
557351 ONTARIO LIMITED carrying on
business under the firm name and style
of Meadowcliffe Homes
Alfred MacInnis, President
Kenneth Arnold Wilson, Secretary
THE CORPORATION OF THE TOWN OF PICKERING
John E. Anderson, Mayor
Bruce Taylor, Clerk
13
ITEM lo
SCHEDULE A
1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS
Subject to the provisions of section 14(2) of this Agreement and section 4 of
this Schedule, the Owner shall complete the works required under this Agree-
ment within two years from the date of the registration of the plan of subdivi-
sion, and shall guarantee the workmanship and materials for a period of two
years from the date that the said works are approved in writing by the Direc-
tor of Public Works, the Director of Parks and Recreation, or the Director of
Planning, as the case may be.
TEMPORARY TURNING CIRCLES
(i)
Despite the provisions of sections 11, 12 and 13 of this Agreement, the
Owner shall construct, at its sole expense and to the Town's specifica-
tions, a temporary turning circle on ,
(a)
(b)
(c)
(d)
Howell Crescent, adjacent to Lots 38, 39 and 40;
Howell Crescent, adjacent to Lots 54, 55 and 56;
Hoover Drive, immediately north of Block 91; and
Fawndale Road, immediately north of Block 93.
(2)
The Owner shall remove, at its sole expense and to the Town's specifica-
tions, any temporary turning circle located immediately adjacent to the
plan on a public highway to be extended by the Owner into the plan, and
shall replace any such circle with permanent services as if the highway
were a road in the plan.
(3)
As the temporary turning circles referred to in subsection (l) will be
required only if the sequence of construction in this plan and adjacent
plans warrants it, the Director of Public Works may waive the con-
struction of any turning circle, at his sole discretion, if that sequence
does not warrant it.
o
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.
FENCING
(i)
Prior to the commencement of development of the plan, the Owner shall
erect a temporary fence adjacent to Part 1, Plan 40R-XXXXX, along the
rear lot lines of Lots ] to 14, Lot 17, Block 83 and Lots 18 to 2].
(2)
The Owner shall construct a permanent galvanized chain link fence 1.8
metres high, having 0.05 metre mesh,
(a)
(b)
(c)
along the rear lot lines of Lots 1 to lI, prior to the occupancy of
any dwelling unit on any of Lots 1 to Ii;
along the rear lot line of Lots 12 to 14, along that part of the
rear lot linc of Lot 17 adjacent to Part 1, Plan 40R-XXXXX, and
al¢;ltg il:st norther]5' s:id(' lot ]n. (t I.ct ]?, D~ior to the occupancy
of any dwelling unit on any of Lots 12, 13, 14 and 17;
along the southerly lot line of Lot 18, along the rear lot lines of
Lots 18 to 20, and along that part of the rear lot line of Lot 21
adjacent to Part 1, Plan 40R-XXXXX, prior to the occupancy of
any dwelling unit on any of Lots 18 to
(3)
The Owner shall construct a permanent wood privacy fence 1.8 metres
high,
(a)
along the rear lot lines of Blocks 79 and 80, prior to the occu-
pancy of any dwelling unit on either of Blocks 79 and 80~ and
A-1
ITEM
(b)
along the rear lot lines of Blocks 85 and 86, within two years of
the date of registration of the plan.
(4)
The permanent fencing required to be constructed pursuant to subsection
(2) and (3) 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.
WALKWAY TREATMENT
The Owner shall, at its expense, eanst:-uct a concrete walkway according to the
Town's specifications, along Block 83 from the sidewalk to be constructed on
Hoover Drive to the easterly end of the Block and shall install, at the same
time, vehicle barriers at each end thereof, all of which the Owner shall maintain
until formally accepted by the Town.
HOWELL CRESCENT - DRAFT PLAN 18T-85015
(])
The Owner's obligations under this Agreement to construct, install or
improve works and services on that part of Howell Crescent in Draft Plan
18T-85015 shall be binding upon the Owner only if the Town acquires that
part of Howell Crescent, by dedication or Transfer, by the sixtieth day
following the date of registration of this plan.
If the Owner becomes bound to fulfill those obligations under this Agree-
ment and does fulfill them, the Town shall pay to the Owner 28% of the
Owner's cost of design, engineering, construction, installation of storm
sewers, roads, curbs, gutters, sidewalks, street lights and signs in or
on all of Howell Crescent, including both that part of Howell Crescent in
this plan and that part of Howell Crescent in Draft Plan 18T-85015.
(3)
The Town's share of the Owner's costs payable under subsection (2) shall
be paid in instalments as reductions are made in the amount of the per-
formance and maintenance security pursuant to section 19 of this Agree-
ment, the amount of each instalment being equal to the amount of the
reduction made for Howell Crescent works and services plus a pro-rated
amount for the cost of that security.
70
CONTRIBUTIONS TO COSTS OF DOWNSTREAM SERVICES
Prior to the registration of the plan, the Owner shall pay to the Town the sum
of $9,559.85, being the Owner's share of the costs to the Town of the acquisi-
tion, construction and installation of the Altona Storm Water Detention Pond,
and related services, which serves, in part, the lands in this Plan of Subdivi-
sion.
FUTURE DEVELOPMENT BLOCKS - BLOCKS 85 AND 86
(1)
Blocks 85 and 80 shall be reserved by the Owner for future residential
development in conjunction with the lands abutting them and shall be
maintained to the Town's satisfaction by the Owner until developed.
(2)
Development of Blocks 85 and 86 shall not occur until after an amendment
to this Agreement specifically permitting it.
CO-ORDINATED DEVELOPMENT - BLOCKS 81 AND 82
(1)
The Blocks set out in Column I of the following table shall be developed
only in conjunction with the lands described in Column II to provide the
number of dwelling units set out in Column III.
A-2
Table
Item Column I Column II Column III
1. Block 81 Block 48, Plan 40M-1446 1
2. Block 82 Block 49, Plan 40M-1446 1
(z)
The development of the lands described in the Table shall be governed by
the provisions of the Town's Subdivision Agreement respecting Plan
40M-1446.
10. TEMPORARY ACCESS - FAWNDALE ROAD
The Owner shall provide on the Fawndale road allowance, to the satisfaction of
the Director of Public Works, a temporary access to Fawndale Road from
Richardson Street to provide access to and from Blocks 79 and 80, which shall,
as a consequence, be developed for residential purpose.
11. BOUNDARY ROAD SERVICING
(i)
Upon completion by the Owner of each of the works or services set out in
Column I of the following Table, the Town shall pay to the Owner the
respective percentage set out in Column 2 thereof of the tendered cost,
the amount of which has been approved by the Director of Public Works,
of each of the works or services.
Table
Item Column 1' Column 2
4.
5.
6.
7.
storm sewer (TRD) 80.65%
road restoration and south
boulevard construction (TRD) 74.85%
curbs and gutters (TRD) 80.66%
south side sidewalk (TRD) 78,67%
street light upgrade (TRD) 74.84%
west side sidewalk (AR) 60.55%
street light upgrade (AR) 60,52%
*TRD - Twyn Rivers Drive
* AR - Altona Road
A~3
ITEM 6
SCHEDULE B
149
SPECIAL PROVISIONS REQUIRED BY THE COMMISSIONER OF PLANNING,
REGIONAL MUNICIPALITY OF DURHAM
The sections set out in this Schedule represent provisions not affecting the
Town but required to be inserted in this Agreement by the conditions of draft
approval, dated April 1, 1986 of Draft Plan 18T-84005 by the Commissioner of
Planning of the Regional Municipality of Durham and these sections are not
intended to bind the Owner to the Town nor the Town to the Owner in any
manner whatsoever and are not to be construed as relating in any way to any
of the other provisions of this Agreement.
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 dated April 1, 1986, of this plan by the Commissioner
of Planning of the Regional Municipality of Durham.
MINISTRY OF NATURAL RESOURCES ("M.N.R.")
That prior to initiation of site grading, the engineering report as required in
condition 12(c) shall also be submitted to the Ministry of Natural Resources for
approval.
CANADIAN NATIONAL RAILWAY
The Owner shall insert the following clause in the sale and purchase agreement
for each lot:
That due to close proximity of the existing Canadian National Railway~s
right-of-way; the possibility of alterations or expansion of its rail facil-
ities thereon in the future, including the possibility that the Railway may
expand its operation which expansion may affect the living environment of
the residents notwithstanding the inclusion of noise and vibration
attentuating measures in the design of the subdivision and individual
units, and that the Railway will not be responslb]e for complaints or
claims arising from the Railway's use of its facilities and/or operations.
(sic)
MINISTRY OF THE ENVIRONMENT
(1)
The Owner agrees to insert the following clause in the sale and purchase
agreement for each lot:
Despite the noise control features within the development area
and/or within the individual dwelling unit, noise levels from the
adjacent C.N. Rail may occasionally interfere with some activities
of the dwelling occupants.
(z)
The Owner shall implement those noise control measures as recommended
(sic) in the acoustic report as required (sic) in Condition 14 of the
approval dated April 1, 1986 of this plan by the Commissioner of Planning
of the Regional Municipality of Durham.
6. DURHAM REGION ROMAN CATHOLIC SEPARATE SCHOOL BOARD
The Owner agrees that prior to the initiation of any grading or construction, to
erect (sic) a 1.8 metre high chain link fence along the rear boundary of Lots
68 to 78, side boundary of Lot 80, 67 and Block 82 and along the mutual
boundary between the school site and all abutting residential lots.
B-1
150
ITEM
DRAFT PLAN OF SUBDIVISION AND ZONING
AMENDMENT APPLICATION SUBMITTED BY
F. CALVELLI, P. KLYM ET AL ON THE
SOUTH SIDE OF TWYN RIVERS DRIVE,
WEST OF ALTONA ROAD
B 4100 - 18T-84005(R)
B 231U - A 7/84
That Draft Plan 'of Subdivision 18T-84005 submitted by R.
V. Anderson Associates Limited on behalf of the owners
~. Calvelli, P. Klym, et al, on lands being Part of Lot
33, Range 3 B.F.C., be APPROVED to permit the
development of 80 detached residential dwelling units, a
school block, a 3.0 metre walkway, a block for road
allowance purposes and 4 future development blocks,
subject to the following conditions:
Council Minutes
- February 17, 1986
- A 7~84
ITEM
2
11.
Changes in "red" as shown on the plan prepared
R. V. Anderson Associates Limited, drawing No.
2593-01 and stamped approved this date.
by
That the owners make satisfactory arrangements
the Town regarding the required parkland
dedication.
with
That the owners enter into a subdivision agreement
with and to the satisfaction of the Town.
That the owners make satisfactory arrangements with
the Town and Region regarding:
a) the provision of all'services;
b) the allocation of sewage treatment capacity and
water capacity for the development.
That the owner agree to dedicate all road
allowances(including "Block 88") with proper
corner roundings and sight triangles to the Town
and satisfy the Town with respect to the upgrading
of Twyn Rivers Drive to full municipal standards
and that if Block 88 is not required for a road
allowance, that it be returned to the applicant at
an appropriate cost.
That temporary turning circles be provided at the
temporary terminus of the streets within the Plan,
if required by the Director of Public Works.
That the owners agree to convey to the Town and
other proper authorities:
a) 0.3 metre reserves shown as Blocks 89, 90, 91,
92, 93, and 94,
b)
required road widenings on the west side of
Altona Road shown as Blocks 85, 86 and 87
(Altona Road allowance to be 15.24 metres from
centreline of Altona Road to the boundary of
the draft Plan),
c) any other easements as required.
That the owner make satisfactory arrangements with
the appropriate authorities regarding the provision
of underground wiring, street lighting, cable
television and other similar services.
That the streets within the draft plan be named to
the satisfaction of the Town~.
· hat the o%.~er $~>'.~t for approval by the Town,
site plans and streetscape elevations showing the
location and relation ship of all buildings prior
to the issuance of any building permits.
That prior to final registration of this plan, the
owner:
a)
satisfy the requirements of The Metropolitan
Toronto and Region Conservation Authority, the
Ministry of the Environment and the Ministry of
Natural R~sources;
ITEM
152
3
12.
13.
14.
15.
16.
b) submit a Draft 40M-Plan to be approved by the
Town Planning Department;
c)
submit a detailed tree inventory and
preservation programme to the satisfaction of
the Town and agree that no trees be removed
until such time as this programme has been
approved by the Town except as authorized by
the Director of Parks and Recreation;
d)
satisfy the Town's Director of Public Works
regarding the provision of appropriate
stormwater management facilities on the
property;
e)
satisfy the Town with respect to necessary
contributions to the required stormwater
detention pond proposed downstream, east of
Altona Road (Altona Detention Pond).
f~
satisfy the Durham Roman Catholic Separate
School Board with respect to the required
school site (being Block 96) and conditions
outlined in the Board's letter dated January
27th, 1986;
g)
satisfy the Town with respect to the provision
of suitable cost-sharing agreements for the
construction of that part of "Street A" which
is common to both the subject draft plan and
plan 18T-85015.
That Blocks 81 and 82 be developed for residential
purposes in conjunction with abutting lands and be
maintained to the satisfaction of the Town until
such time as they are developed.
That a 1.8 metre high chain link fence be
constructed by the owner, to Town specifications,
along the rear lot line of Lots 67 to 78 inclusive,
the south side of Lot 80 and the east side of Block
82.
That the owner make satisfactory arrangements with
the Town regarding the removal, demolition and/or
retention of all structures on the subject
property.
That suitable development restrictions be imposed
on Lot 78 to the satisfaction of the Director of
Public Works which:
a)
prohibit the issuance of a building permit unit
a full 20.0 metre road allo%;ance is provided to
Lots 79 and 80;
b) permit use of the lot for temporary road access
to Lots 79 and 80.
That Blocks 83 and 84 be maintained to the
satisfaction of the Town until such time as they
are developed for residential.
ITEM 6
153
Attachment to letter dated April 1, 1986.
From: Dr'. M. Michael, Commissioner of Planning
To: Wilson & Wilson Contracting Limited
Re: Plan of Subdivision 18i-84005 (Revised)
Town of Picketing
COND]]'IONS OF APPROVAl OF FINAL PLAN FOR REG]STRAiION FOR Ttt]S PLAN OF
SUBDIVISION ARE AS FOLLOWS
NO. CONDITIONS
That this approval applies to draft plan of subdivision
18T-SqO05, prepared by Anderson Associates Limited, identified
as number 5593-01 revised and dated March 12, 1986 which is
further revised in red, as per the attached plan showing 80
single f~mily lots, and one school block.
That tile road allowances included in this draft plan shall be
dedicated as public highway.
lhat the road allowances included in this draft plan shall be
named to ~he satisfaction of the Region of Durham and the Town
of Picketing.
That Blocks 85, 86, and 87 shall be dedicated as public
highways for the purpose of widening Altona Road.
That 0.3 metre reserves as shown as Block(s) 89, 93 and 91
sba/1 be conveyed to the Region of Durham.
That any deadends and/or open sides of road allowances
created by this draft plan shall be terminated in 0.3 metre
res~rves to be conveyed [o [he Town of Pickering.
Tt~at the owner satisfy tile l'own of Picketing the followings:
a) upgrad~n9 and improvel~ent to Twyn River Drive;
b) contributions to stor,~ater detention pond proposed
downstream;
c)
provisions of suitable cost-sharing agreements for
construction of that part of the road allowance abutting
draft plan 18T-SbU15.
154
ITEM
-2-
That Block 88 shall be dedicated to the Town of Picketing for
future road allowance purposes and block 95 be dedicated as
public walkway;
That the owner shall convey land to the Town of Pickering for
park or other public recreational purposes in accordance with
the Planning Act. Alternatively, the municipality may accept
cash-in-lieu of such conveyance.
lhat 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 Picketing in effect in accordance with section 34(19)
or section 34(31) of the Planning Act.
That prior to the initiation of grading and prior to the
registration of this plan or any phase thereof, that the owner
shall submit for the review and approval of the Metropolitan
Toronto and Region Conservation Authority, (a) plans for the
treatment of small watercourse flowing through the subject
land, (b) overall grading plans and (c) a detailed engineering
and drainage report that include:
plans illustrating how this drainage system will tie
surrounding drainage systems, i.e. Is it part of an
overall drainage scheme? How will external flows be
accommodated? What is the design capacity of the
receiving system?;
into
the storm water management techniques which may be
required to control minor or major flows;
proposed methods for controllin9 or ~ninimizing erosion an
siltation on-site and/or in downstream areas during an
after construction;
location and description of all outlets and other
facilities which may require permits under Ontario
Regulation 170.
13. That prior to initiation of site grading, the engineering
report as required in condition 12(c) shall also be submitted
~f~r the Ministry of Natural Resources for approval.
14. That the owner shall submit to the Ministry of the Environment
for review and approval, an acoustic report to be
prepared by an acoustic engineer, recommending the necessary
noise attentuation measures.
ITEM ]-
17.
18.
19,
-3-
That the owner shall enter into a written agreement with the
Durham Region Roman Catholic Separate School Board which
provides for the satisfactory arrangement for the future
acquisition of the school site as shown as block 96 on the
draft plan.
lhat the o~iner shall submit to the Durham Region Roman
Catholic Separate School Board for approval:
a/ a soil test report to confirm the suitability of the
school site for a two-storey school.
b)
an engineering drawing indicating the existing and
proposed grades of the property and streets adjacent
the school site.
tO
That the owner shall provide for the extension of such
sanitary and water supply facilities which are external to,
as well as within the limits of the plan which are required
to service such plan. In addition, the owner shall provide
for' the extensiol~ of sanitary sewer and water supply
facilities within the limits of the plan which are reqt~ired
to service other developments external to his subdivision.
Such sanitary sewer and water supply facilities are to be
designed and constructed per the standards and requirements
of the Region of Durham; all arrangements, financial and
otherwise, for said extensions are be to the satisfaction of
the Region of Durham and are to be completed prior to fioal
approval.
That prior to entering into a subdivision agreement the
Region Durham shall be satisfied that. a~equate water
pollution control plant and water supply plant capacity are
available to the proposed subdivision.
'ihat prior to final approval to the lots not abutting Twyo
Rivers Drive, the Region of Durham shall be satisfied that
sanitary sewer and water supply services are installed or
will be installed in the abutting/a~jacent plan subdivision
18T-82038.
That prior to final approval of the plan, the owner shall
satisfy ~ll requirements, financial and otherwise, of the
Town of Pickering. This shall include among other matters,
execution of a subdivision agreement between the owner and
the Tov~n of Pickering~ concerning the provision and
installation of roads, services and, drainage and other locol
services.
That the municipality register the subdivision agreen~nt
against the land as provided for in Section 5016) of the
Planning Act.
ITEM
22. 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 arid installation of sanitary sewer,
water supply, r~ads and other regional services.
That the subdivision between the and ~n of
agreement
owner
Pickerin9 shall contain, among other ma~ters, tbe followin9
provisions:
lhe owner agrees to carry-out, or cause to be carried-ou~,
to the satisfaction of the Metropolitan ioronto nod Region
Conservation Authority, the recommendations referred to in
the report as required in condition 12.
h)
~)
lhe owner agrees to carry out or cause to be carried out
to the satisfaction of the ~linistry of Natural Resources
the recommendations referred to in the report as required
in condition 13.
The owner agrees that prior to the initiation of any
grading or construction, to erect a 1.8 metre high chain
link fence along the rear boundary of lots 68 to 7~8, side
boundary of lot 80, 67 and block 82, and along the mutu~:l
bouncifry between the school site and all abutting
residential lots.
[he owner a9rees to insert the following clause in tile
sale and purchase agreement for each lot:
That due to close proximity of the existing Canadian
National Railway's right-of-way; the possibility of
alterations or expansion of its rail facilities
thereon in the future, including the possibility thoL
tile Railway may expand its operation wl~ich expansion
may affect the living environment of the residents
notwithstanding the inclusion of noise and vibration
attentua~ing measures in the design of the subdivision
and individual units~ and that the Railway will not be
responsible for complaints or claims arising fl'om ~he
Railway's use of its facilities and/or operations.
"Despite the noise control features within the
development area and/or within the individual
dwelling unit, noise levels from the adjacent
Rail may occasionally in~e[fere with some activities
of the dwelling occupant~.'
ITEM
-5-
The owner agrees to maintain blocks 83 and 8zi until such
time they are developed;
The Town will not issue building permits to lots 79 and 80
until a full 20 metre wide road allowance is provided or
alternatively, lot 76 be used as temporary access tv lots
79 and 80.
g)
The owner agrees to implement those noise control raeasures
as recomlnended in the acoustic report as required in
condition 14.
ihe owr~er agrees not to develop blocks 81 and 82 except
conjunction with adjacent lands and further' agrees Cu
~aintain tl~ese blocks tsntil developed.
26. That prior to final approval, the Commissiol~er of Planning
the Region of Durham, shall be advised in wFitin9 by:
a) The Town of Pickering, how conditions 1,3,6,7,8,10,11,20,
21,23(c),(e),(f) and (h) have been satisfied;
b) Ministry of Natural Resources, how conditions 13 and 23(b)
have been satisfied;
c) Metropolitan Toronto and Region Conservation Authority,
how conditions 12, 23(a) have been satisfied;
d) Durham Region Roman Catholic Separate School Board,
conditions 15, 16 and 23(c) have been satisfied;
e) Ministry of the Enviroml~nt how conditions 14, 23(d)(ii),
23(g) have been satisfied;
f) Canadian National Railway how condition 23(d)(i) has been
sari sfi ed.
NOTES TO DRAFZ APPROVAL
As owner of the proposed subdivision, it is in your intarest
as well as your responsibility to satisfy all con6itions of
approval in an expeditious manner.
2. All plans of subdivision must be registered in the land titles
system within the Durham Region.
Where agencies' requirements are contained in the subdivision
agreement, a copy of the agreement shall be sent to these
agencies ~n order to facilitate their clearance for final
approval. These agencies are:
a) Ms. A. Aitkens, Metropolitan Toronto & Region Conservation
Authority, 5 Shoreham Drive, North York Ontario M3N 1S4
b) Mr. D. Pirie, Technical Support Section, Ministry of the
Environment, 70verlea Blvd., Don Mills, Ontario.
c) Hr. l. Earl, District Manager, Ministry of Natural Resources,
lOqO Dufferin Street, Maple, Ontario [OJ lEO.
d) Fir. J.C. I~alsh, Canadian National Railway, Suite 505, 277
SUBJECT PRO°ERTY