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HomeMy WebLinkAboutBy-law 2550/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2550/87 Being a By-law to authorize the execution of a Subdivision Agreement respecting Part Lot 33, Range 3, B.F.C. , Pickerin g ( Draft Plan 18T-85019; Cougs Investments Ltd.). 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 tbe 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 Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY 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-85019; Cougs Investments Ltd.). BY-LAW read a first, second and third time and finally passed this 4th day of August, 198]~. TOWN OF' PlCF, ERING SCHEDULE A THIS AGREEMENT made this day of , 1987. BETWEEN: COUGS INVESTMENTS LTD. hereinafter called the "Owner" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE SECOND PART. WHEREAS, the Owner proposes to subdivide part of Lot 33, Range 3, Broken Front Concession, in the Town of Picketing in the Regional Municipality of Durham, and with the consent of the Encumbrancer, to register a plan of subdivision of those lands, as shown on a draft plan of subdivision designated as Draft Plan Number 18T-85019; 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 inclusive, Plan 40M- , Picketing. (the "Lands") are Lots 1 to 10, both 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. 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 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", "her" or "them", respectively, and the number of the verb agreeing therewith shall be construed accordingly. SCHEDULES Schedules A and B attached hereto shall 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 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 afore- said lands, or any part thereof, to enter upon such lands in order to comply with the provisions of this Agreement. 9. 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. 10. 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 subdi- vision. (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. 11. STORM SEWER CONNECTIONS (1) The Owner shall construct storm sewer connections to service all the lands in the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain them, including clearing any blockages or debris from whatever cause, they are formally approved by the Town. (2) Such connections shall be constructed to an existing sewer or laterals therefrom according to designs approved by the Director of Public Works and shall be of sufficient size and depth and at proper locations to ser- vice the lands in the plan of subdivision. (3) No connection under subsection 2 shall be undertaken prior to preliminary acceptance of the storm sewer by the Town, except in an emergency. 12. ROAD BOULEVARDS The Owner shall keep all boulevards clear and free of materials and ob- structions which might interfere with the installation of electric, telephone, gas or other utilities. 2 13. ROADS (1) The Owner shall maintain and repair roads 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 dust, refuse, rubbish or other litter of all types. (2) The Owner shall erect and maintain adequate signs to warn all persons using those roads that construction traffic is a danger. (3) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 14. CURBS & GUTTERS (1) The Owner shall maintain and repair curbs and gutters on the roads referred to in section 13 according to the specifications of the Town in effect at the date hereof. (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 said specifica- tions. 15. SIDEWALKS Despite the provisions of section 1 of Schedule A, prior to the occupancy of any dwelling unit on any lot adjacent to it, the Owner shall construct a side- walk on the north side of Hoover Drive adjacent to Lots i to 10 and Block 11, according to the specifications of the Town in effect at the date hereof and shall maintain it until it is formally accepted by the Town. 16. 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, Picketing Cable T.V. Limited or Bell Canada, as the case may be. 17. 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 section 16, above, 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) (4) 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. 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 (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shah 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 valuen) 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 (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. (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) 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. (4) Upon the approval, if any, of a reduction in the amount of the security required to be provided in subsection 1, the Town Manager or the Town Treasurer shall provide to the Owner any necessary assurance to effect the reduction. 20. DRAINAGE - SODDING 21. (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. The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agree- ment, and shall not provide for the drainage of surface run-off water onto Town owned parkland, open space or walkways unless provision is made for the installation by the Owner, at no cost to the Town, of suit- able swales and catch basins to manage adequately, in the opinion of the Town's Director of Parks and Recreation, that surface run-off water. (3) The Grading Control Plan is subject to the approval of the Town's Direc- tors of Public Works and Parks and Recreation and of the Metropolitan Toronto and Region Conservation Authority. (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 subdivision by the Town, the Owner shall correct them by re-grading or by the construction of catch basins, swales or other structures as may be neces- sary to correct such problems. (6) The Owner shall sod the northerly Hoover Drive boulevard and the front, side and rear yards of each of the residential lots except for paved, planted or treed areas, upon the completion of the construction of build- ings thereon. 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 (4) notification 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 com- pletion of the said work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director of Public Works, such work may be done without prior notice but the Owner shall be forthwith notified. The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. 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 as public highway upon the registra- tion of the plan. 23. TRANSFERS - CONVEYANCES (i) 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 of the final plan, all of, (a) (b) Block 11 (walkway), and Blocks 12, 13 and 14 (Fawndale Road reserves). (2) 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. (3) Prior to the registration of this plan, the Owner shall prepare and regis- ter, at its expense, a reference plan of Block 12, Plan 40M-1443, Picker- ing, which plan shall have 11 parts, the north-south boundaries of which shall be the southerly extensions of the north-south boundaries of Lots 1 to 10 and Block 11. (4) The Town shall convey to the Owner, at no cost to the Town, upon (a) (b) registration of this plan of subdivision, and registration .of the reference plan referred to in subsection (3), whichever occurs last, the Town's interest in Block 12, Plan 40M-1443, Picketing, except that part thereof comprising the southerly extension of Block 11 in this plan. 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. (2) Such easements shall be subject to the approval of the Director of Public Works or his designate as to their location and width. 6 The construction of any services in such easement or easements referred to in subsection (1), above, shah 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 across which the easement shah lie. 25. STREET NAMES The Owner shall name, Road". on the plan, the street adjacent to Block 12 "Fawndale 26. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk. (b) Continuation of Existin~ 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 workmanllke 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, including Ontario Hydro 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 shall be no burning of refuse or debris upon its lands or any public lands. (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 The Director of Public Works may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement, and the cost of such tests shall be paid by the Owner within 30 days of the account being rendered by the Town. (f) Relocation of Services (i) To pay the cost of relocating any existing services and utilities caused by 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. 7 (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) 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. 27. 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 providing 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) 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 the said road and extend to an existing maintained public road. 28. HOUSING UNITS In the event that more or less than 10 housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 29. 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; streetscape; 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. (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 pre- served; streetscape for front and rear elevation at a scale acceptable to the Director; streetscape to show all street furniture and vegetation; the relationship of buildings by blocks; and any other data or information required. 30. FINANCIAL PAYMENTS (1) The Owner shall pay to the Town a unit levy in the amount of: (a) $2,000 per unit if paid in 1987; (b) $2,500 per unit if paid in January, February, March, April, May June or July, 1988; or (c) $2,750 per unit if paid after July, 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. (5) 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. 9 31. 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 $27,500 as security for the payments referred to in section 30 hereof. 32. 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. (d) Registration Fees To pay all registration costs incurred by the Town relating in any way to the registration of the plan of subdivision or any other related documen- tation, including transfers, in the Land Titles Office. (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. 33. 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 securit~r 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. 34. PROVISION OF PARKLAND The Owner shall pay to the Town, prior to the registration of the plan, the sum of $12,250 cash in lieu of the provision of parkland and the Town agrees to accept that sum for that purpose. 10 35. LANDSCAPE PLANNING (1) The Owner shall, prior to the issuance of building permits for any of the units to be erected on the lands, submit a landscaping plan for all of the lots on the plan to the Town for approval. (z) Upon approval by the Town of a landscaping plan, the Owner shall con- struct, install or plant the landscaping works, as the case may be, in conformance with the landscaping plan according to the time limits set out in Schedule A. 36. TREE PLANTING (1) The Owner shall plant on Hoover Drive adjacent to the plan, 10 trees of a size and type acceptable to the Town. (z) 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 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. 37. 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. (z) 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 shall not com- mence, nor allow to be commenced, any aspect of the development of the lands in the plan, including the removal of any trees. (5) In the event that any tree required to be preserved by the approved Tree Preservation Program is removed or is, in the opinion of the Town's Director of Parks and Recreation, damaged to such an extent that its value or longevity is decreased or is likely to be decreased, then the Owner shall replace that tree with a tree of a height, diameter and spe- cies determined by the Director; such replacement shall be at no cost to the Town. (6) The Owner's liability under subsection (5), above, 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. 11 IN WITNESS WHEREOF, the Owner has hereunto affixed her hand and seal and the Town has hereunto affixed its Corporate Seal attested to by the hands of its proper authorized officers. SIGNED, SEALED & DELIVERED //7~E CORPORATION OF THE TOWN OF PICKERING Fhn E. And-cYril', l~la~o~ Bruce Taylor, Clerk COUGS INVESTMENTS LTD. Jeremiah F. Coughlan, President 12 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Subject to the provisions of section 15 of this Agreement, the Owner shall complete the works required under this Agreement within two years from the date of the registration of the plan of subdivision, and shah guarantee the workmanship and materials for a period of two years from the date that the said works are approved in writing by the Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. J WALKWAY The Owner shall construct, at its expense, a concrete walkway to the Town's standards from the northerly end of Block 11 southerly along Block 11 to the sidewalk to be constructed on the north side of Hoover Drive; the Owner shall fence Block 11 on its easterly and westerly boundaries with 1.8 metre high, nine gauge galvanized steel link fencing having a minimum .0Sm mesh and shall provide vehicle barriers at the southerly end. CONTRIBUTIONS TO COSTS OF DOWNSTREAM SERVICES Prior to the registration of the plan, the Owner shall pay to the Town the sum of $2,803.06, being the Owner's share of the costs to the Town of the acquisition, construction and installation of the Altona Storm Water Detention Pond and related services, which serves, in part, the lands in this plan of subdivision. CONTRIBUTIONS TO OTHER SERVICES (1) Prior to the registration of the plan, the Owner shall provide to the Town four certified cheques, as follows: (a) one certified cheque payable to "Alastair MacKay Realty Inc.," in the amount of $1,399.11 as adjusted to date of payment, as the Owner's share of the cost of the payee to the acquisition of the southerly portion of the Altona Storm Water Detention Pond; (b) one certified cheque payable to "Meadowcliffe Homes" in the amount of $2,109.60, as adjusted to date of payment, as the Owner's share of the cost to the payee of the construction of the Altona Storm Water Detention Pond; (c) one certified cheque payable to ~'Meadowcliffe Homes" in the amount of $6,547.15, as adjusted to date of payment, as the Owner's share of the cost to the payee of existing flow oversizing of the Altona Trunk Storm Sewer; and (d) one certified cheque payable to "557351 Ontario Limited and J.F. Coughlan Construction Co. Ltd." in the amount of $98,466.29, as adjusted to date of payment, as the Owner's share of the cost to the payee df the construction, in Plan 40M-1443, of shared ser- vices, i.e, storm sewer, roadway, curbs, gutters and street lighting on Hoover Drive. (2) The amounts set out in subsection 1 shall be adjusted on /Iune 30, 1988, and annually thereafter in 1989, 1990 and 1991, according to the Southam Construction Cost Index for Ontario, composite portion, A-1 SCHEDULE B 1. SPECIAL PROVISIONS REQUIRED BY OTHER AGENCIES The sections set out in this Schedule represent provisions not affecting the Town but required to be inserted in this Agreement by other agencies; 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 11 of the approval of this plan dated March 5, 1986, by the Gommissioner of Planning of The Regional Municipality of Durham. MINISTRY OF NATURAL RESOURCES ("M.N.R.") The Owner shall carry out, or cause to be carried out, to the satisfaction of M.N.R., the recommendations referred to in the report required in Condition 12 of the approval of this plan dated March 5, 1986, by the Commissioner of Planning of The Regional Municipality of Durham. B-1 DRAFT PLAN OF SUBDIVISION AND ZONING AMENDMENT APPLICATfON SUBMITTED BY T, ZANATA ON THE WEST SIDE O~ ALTONA ROAD, SOUTH O~ LITTLEFORD'S LANE ~ILE NUMBER - B 4100 - 15T-$5019 ~ILE NUMBER .- .k 35/85 This Draft Plan of Subdivision 18T-85019, submitted by T. Zanata on lands being Part of Lot 33, B.F.C. Range 3, Town of Picketing be APPROVED AS REVISED, to permit development of 10 detached dwellings' subject to the following conditions: Cha~ges in "red" as shown on the plan received July 23rdt 1985, stamped approved this date. That the owner make satisfactory arrangements with the Town regarding the required parkland dedication. That the owner enter into a subdivision agreement with an4 to the satisfaction of the Town. That the owner make satisfactory arrangements with the Town and the R~gion regarding: 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 with proper corner roundings and sight triangles to the TowD. o a) That Lots 1-10, inclusive, shall not be developed unless satisfactory arrangements whereby the owner herein will share (in accordance with the Town's existing policy on cost sharing) with the owner to the south, the costs of the road upon which the lots front, and the services therein; b) That the owner, prior to registration of the plan, pay to the Town the sum of $4,800 cash in lieu of the construction of a storm sewer from the closest location thereon in Draft Plan 18T-85004 to the northerly end of the Fawndale Road extension and deed Block 12 to the Town. That the owner agree to convey to the Town and other proper authorities~ a) 0.3 metre reserve shown as Block 12; b) Block 11 for walkway purposes. 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. That the owner submit for approval by the Town, site plans and streetscape elevations showing the location and relationship of all buildings prior to the issuance of any building permits. 11. That prior to final registration of this plan, the owner: a) satisfy the requirements of the Metropolitan Toronto and Region Conservation Authority and the Ministry of Natural Resources; b) submit a Draft 40M- Plan to be approved by the Town Planning Department; c) submit a detailed tree preservation programme to the satisfaction of the Town and agree that no trees be approved by the Town except as authorized by the Director of Parks and Recreation. 12. That prior to final registration of this plan, the owner: a) satisfy the Town's Director of Public Works regard- ing the provision of appropriate stormwater manage- ment facilities on the property; b) satisfy the Town with respect to necessary contri- butions to the required stormwater detention pond proposed downstream, east of Altona Road (Altona Detention Pond). 13. That development of those lands in the area of Lot 6 containing the existing watercourse be prohibited until such time as the existing watercourse is no longer required for stormwater management purposes as determined by the Director of Public Works. 14. That the owner satisfy the Town that the proposed retained portion of the owner's entire land holdings conform to the provisions of By-law 3036. As Amended, DURHAM of Durham Box 623 Canada, L1N 6A~ March 5, 1986. Mr. T. Magi Planning Director Town of Picketing 1305 Picketing Pkwy. Picketing, Ontario L1V 3P2 Dear Sir: RECEIVED SOLICITOR TOWN OF PICKERING Re: Proposed Plan of Subdivision Region of Durham File: IBT-8501g Dwner: Theresa Zanata . Municipality: Town of Picketing The above draft plan of subdivision was approved today subject to the conditions attached herewith. A copy of the draft approved plan bearing the approval signature, is also attached for your record. Please inform us when the applicant has mt those conditions pertaining to the requirenmnts of your mntcipality. It should be noted that we require a brief but complete statement indicating how each of the conditions, with which your ~nictpality is concerned, has been-satisfied. Your letter of clearance should be addressed to the undersigned with copy sent to the Clerk of the Regional Municipality of Durham at 605 Rossland Road East, P.O. Box 623, Whitby, Ontario, L1N 6A3. Yours very truly, Dr. M. Michael, M.C.I.P. Commissioner of Planning :SEE2/et encls.- Conditions of Approval Draft Approved Plan 'A~tachment to letter d~dd March 5, 1986. From: To: Re: Dr. M. Michael, Comtssioner of Planning Teresa Zanata Plan of Subdivision 18T-8501g Town of Picketing CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION FOR THIS PLAN OF SUBDIVISION ARE AS FOLLOWS NO. CONDITIONS '4. 5, 6. !10~. That this approval applies to draft plan of subdivision 18T-85019, prepared by Donevan & Fleischman, O.L.S., dated July 9, 1985, which is revised in red as per the attached plan showing 10 single family lots. That the road allowance included in this draft plan shall be dedicated as public highway. That the road allowances included in this draft plan shall be named to the satisfaction of the Region of Durham and the Town of Picketing. That 0.3 metre reserve as shown as Block 12 shall be conveyed to the Town of Picketing. That Block 11 shall be dedicated to Town of Pickering as public walkway. That the owner shall convey land to the Town of Ptckertng 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 owner satisfy the Town of Picketing financially and otherwise with respect to storm sewer installation and storm water management facilities both on and off the site. That the owner satisfy the Town that the retained portion of the owner's entire holding conform to the provisions of By-law 3036. 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 section 34(19) or section 34(31) of the Planning Act. '11.. Prior to the initia~on of grading and prior to the., registration of this plan or any phase thereof, tha~-the owner shall submit for the review and approval of the Metropolitan Toronto and Region Conservation Authority: a) a detailed engineering and drainage report that describes the storm water management techniques which may be required to control minor or major flows, and the phasing of development in relation to down stream alterations and facilities; plans illustrating how this drainage system will tie into an overall drainage scheme for the Petticoat Creek tributary, the external flows accommodation and the design capacity of the receiving system; b) plans for the treatment of the small water course flowing through the site; and c) overall grading plans for the subject land. 12. Prior to final registraiton of this plan or on-site grading, the owner shall,prepare, to the satisfaction of the Ministry of Natural Resources, acceptable reports describing: a) stormwater management techniques which will be employed to minimize the amount of silt laden or chemically altered stormwater being directed to the Rouge River; b) the means by which stormwater will be directed from the site; c) a soils engineering report which will describe means whereby erosion and its effects will be controlled and minimized on and down slope from the site, both during and after construction. 13. That the owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within the limits of the plan which are required to service such plan, In addition, the owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to 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 arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Region of Durham and are to be completed prior to final approval. 14. 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. 18. That prior to fina_?pproval, the Region of Durham ill be satisfied that sanitary sewer and water supply servl~es are installed or will be installed in the abutting/adjacent plan of subdivision 18T-85004. That prior to final approval of the plan, the owner shall satisfy all requirements, financial and otherwise, of the lown of Pickertng. This shall include among other matters, execution of a subdivision agreement between the owner and the Town of Picketing, concerning the provision and installation of roads, services and, drainage and other local services. That the municipality register the subdivision agreement against the land as provided for in Section 50(6) of the Planning Act. 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 supply, roads and other regional services. That the subdivision agreement between the owner and the Town of Ptckertng shall contain, among other matters, the following provisions: a) The owner agrees to carry-out, or cause to be carried-out, to the satisfaction of the Metropolitan Toronto and Region Conservation Authority, the recommendations referred to in the report as required in condition 11. b) The owner agrees to carry out or cause to be carried out, to the satisfaction of the Ministry of Natural Resources, the recommendations referred to in the report as required in condition 12. The owner agrees not to develop any lot until satisfactory arrangement has been made with the Town of Pickering with respect to cost sharing of road construction and services. The owner agrees not to develop those lands in the area of lot 6 until such time the existing water course is no longer required for stor~ater management purposes as determined by the Town of Picketing. 20. That prior to final approval, the Commissioner of Planning for the Region of Durham, shall be advised in writing by: a) The Town of Pickering, how conditions 1,3,4,$,6,7,8,g,lO,16,17,1g(c)(d) have been satisfied; b) Metropolitan Toronto and Region Conservation Authority, how conditions 11 and lg(a) have been satisfied; 20'. c) Ministry of Natu~al Resource, how condition 12 &~J 1gib) have been satisfied. NOTES TO DRAFT APPROVAL As owner of the proposed subdivision, it is in your interest as well as your responsibility to satisfy all conditions of approval in an expedtous 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 in 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 ~3N 1S4 b) Mr. I. B. Earl, Ministry of Natural Resources, 10401Dufferin Street, Maple, Ontario LOJ lEO SUBJECT PROPERTY SCARBOROUGH The Town of Pickering LEGAL DEPARTMENT Cougs Investments Ltd. - Draft Plan 18T-85019 - Part Lot 33, Range 3, B.FoC. i [I