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HomeMy WebLinkAboutBy-law 1831/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1831/84 Being a by-]aw to authorize the execution of a Subdivision Agreement between J. F. Coughlan Construction Co. Limited and the Corporation of the Town of Pickering, respecting Part Lot 33, Range 3, Broken Front Concession, Pickering (Draft Plan 18T-82019 - Revised) WHEREAS, J. F. Coughlan Construction Co. Limited propose to subdivide and register a plan of subdivision of Part Lot 33, Range 3, Broken Front Concession, Pickering; and WHEREAS, that proposal has been approved by the Council of the Corporation of the Town of Pickering and Regional Municipality of Durham, subject to several conditions, one of which requires the entering into of a satisfactory Subdivision Agreement between J. F. Cough]an Construction Co. Limited and the Corporation of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering 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 between J. F. Coughlan Con- struction Co. Limited and the Corporation of the Town of Pickering respecting the development of Part Lot 33, Range 3, Broken Front Concession, Pickering (Draft Plan 18T-82019 - Revised). BY-LAW read a first, second and third time and finally passed this 7th day of May, 1984. 78 SCHEDULE A to B~-law 1831/84 THIS AGREEMENT made in triplicate this 7th day of May, 1984. BETWEEN J. F. COUGHLAN CONSTRUCTION CO. LIMITED 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 Lot 33, Range 3, Broken Front Concession, in the Town of Picketing in the Regional Municipality of Durham, and to register a plan of subdivision of those lands, as shown on a draft plan of subdivision prepared by John Bousfield Associates Limited and designated as Draft Plan Number 18T-82019 (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: ITEM PART 1 - PROPERTY DESCRIPTION 79 LAND AFFECTED The lands affected by this Agreement are: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Picketing, in the Regional Municipality of Durham and Province of Ontario and being composed of all of Lots 1 to 22, inclusive and Blocks 23, 24 and 25 according to a plan of subdivision registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan 2 8O ITEM 14 PART 2 - SERVICES 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 Director of Public Works for the Town of Picketing, and shah complete, perform or make payment for such other matters as may be provided for herein, 3. CONSULTING ENGINEERS (1) The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner shall carry out all the necessary engineering and to super- vise generally the work required to be done for the development of the 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. 4. STORM SEWERS (D The Owner shall construct a complete storm system including storm con- nections to the street line and catch basin leads to service all the lands in the plan of subdivision and road allowances adjacent to the plan of subdivision and to provide capacity for lands upstream of the plan of subdivision, according to designs approved by the Director of Public Works and according to the specifications of the Town in effect at the date hereof and shall maintain it, including clearing any blockages or debris from whatever cause, until it is formally accepted by the Town. (2) Such system shall be constructed to an outlet or outlets according to designs approved by the Director of Public Works and shall be of suffi- cient size and depth and at locations either within or outside the lands affected hereby to service the plan of subdivision and the 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. (3) Should, in the opinion of the Director of Public Works, an inadequate stream or structure exist in the outlet system outside the plan of subdivi- sion, the Owner may be required to carry out such works as are neces- sary to provide an adequate outlet. (4) The Town may connect or authorize connection into any part of the system but such connection shall not constitute acceptance of the sewer system by the Town. (5) No connection under subsection 4, above, shall be undertaken or au- thorized prior to preliminary acceptance of the sewer system by the Town, except in an emergency. 5. ROADS - ROUGH GRADE (i) 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. (z) The Owner shall keep all boulevards obstructions which might interfere with phone, gas or other utilities. clear and free of materials and the installation of electric, tele- 3 PART 2 - SERVICES (Gont'd) 6. ROADS - PAVED (D The Owner shall construct the roads shown on the plan of subdivision according to the specifications for paved roads of the Town in effect at the date hereof. (2) The specifications for boulevard grading and sodding shall apply to the existing road adjacent to the plan of subdivision. (3) 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 dust, refuse, rubbish or other litter of all types. (4) The Owner shall erect and maintain adequate signs to warn all persons using the roads in the plan of subdivision that the maintenance of them has not been assumed by the Town from the time that it is opened until formal assumption by the Town. (5) Such signs and the location thereof are subject to the approval of the Town's Director of Public Works. 7. CURBS & GUTTERS (i) The Owner shall construct curbs and gutters on the roads to be con- structed pursuant to section 6, above, according to the specifications of the Town in effect at the date hereof and shall maintain them until they are formally accepted by the Town. (z) 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. SIDEWALKS The Owner shall construct a sidewalk, (a) on the west side of Altona Road adjacent to Block 29; and (b) on both sides of Fawndale Road, as illustrated on the sketch attached hereto as Schedule C, according to the specifications of the Town in effect at the date hereof and to maintain them until they are formally accepted by the Town. 9. UNDERGROUND ELECTRIC DISTRIBUTION, CABLE TELEVISION SERVICE & STREET LIGHTING (i) Underground electric distribution shall be provided for all residential lots within the plan of subdivision according to the standards and specifica- tions of Picketing Hydro-Electric Commission. (z) Underground cable television services shall be provided for all residential lots within the plan of subdivision according to the standards of Picketing Cable T.V. Limited. 4 82 ITEM ;[4 PART 2 - SERVICES (Cont'd) (3) (4) The Owner shall pay all costs of installation of street lighting, including poles and other necessary appurtenances for the lighting of all streets and pedestrian walkways on the plan, and all boundary roads requiring upgraded lighting. The lighting shall be designed and installed in accordance with standards established by the Town and in conformity with the Association of Munici- pal Electrical Utilities Guide to Municipal Standard Construction. The installation of all works provided for in this section shall be con- structed under the supervision and inspection of Picketing Hydro-Electric Commission and Picketing CaMe T.V. Limited, as the case may be. 10. INSPECTIONS (1) Prior to the commencement of any construction in the plan, the Owner shall pay to the Town the Sum of $805 as an engineering drawing in- spection fee. All works required to be constructed by the Owner, except those re- ferred to in section 9, above, shall be installed under the observation of Inspectors employed by the Town and the Owner shall pay the costs incurred therefor within thirty (30) days of invoices being rendered. (3) The costs referred to in necessarily be limited to, and administration fees. subsection (2), above, may include, but not salaries and wages of Inspectors, testing fees 11. LIABILITY INSURANCE (i) 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, 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 $1,000,000. (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 thirty (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. 12. PERFORMANCE & MAINTENANCE GUARANTEE (1) Before commencing the construction, installation or performance of any of the works provided for herein, the Owner shall supply the Town with a 100% performance and maintenance security in a form satisfactory to the Town and in an amount established by the Director of Public Works for the purpose of, (a) guaranteeing the satisfactory construction, installation or perfor- mance of the works; 5 PART 2 - SERVICES (Cont'd) 83 (2) (3) (4) (b) guaranteeing the payment of any amounts payable to the Town under section 10 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, 1982, and (d) guaranteeing all works, workmanship and materials for a period of two (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, from time to time, 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) thirty-five per cent (35%) of the original value where no certifi- cate or declaration of substantial performance has been made; (b) twenty per cent (20%) of the original value where, (i) a certificate or declaration of substantial performance has been published; (ii) forty-five (45) days following such pubIication 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) ten per cent (10%) of the original value where, (i) a certificate of final completion has been made by the Owner's consulting engineer; (ii) forty-five days (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 ten per cent (10%) 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 subiect 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. 6 84 PART 2 - SERVICES (Cont'd) 13. 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. The Grading Control Plan shall be prepared in accordance with the Town's Lot Drainage Specifications in effect at the date of this Agreement and is subject to the approval of the Director of Public Works and the Metropolitan Toronto and Region Conservation Authority. (3) The grading of all lands shall be carried out by the Owner in accordance with the Grading Control Plan, under the supervision of the Owner's Consulting Engineer. (4) 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. (5) The Owner shall sod the front, side and rear yards of each of the res- idential lots except for paved, planted or treed areas, upon the com- pletion of the construction of buildings thereon. 14. 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 ten (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 such work may be done without prior notice forthwith notified. Director of Public %~/orks, but the Owner shall be (3) The cost of such work shall be calculated by the Director of Public Works whose decision shall be final. ITEM 14 PART X - SER¥ICES (~ont'd) (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 o£ the considerations, without which the Town would not have executed this Agreement. 15. DEDICATIONS The Owner shall dedicate as public highway, plan, the following lands: (a) Fawndale Road; (b) Gwendolyn Street; (c) Petunia Place. upon the registration of the final 16. 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 thirty (30) days immediately following the registration of the final plan, the following lands: (a) Blocks 26 and 30 - reserves, Gwendolyn Street; and (b) Blocks 27 and 28 - reserves. Fawndale Road. Notwithstanding the provisions of subsection (1), above, a transfer required therein shah 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. 17. 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 shah 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. (3) The construction of any services in such easement or easements referred to in subsection (1), above, shall not commence until the easement has been acquired, unless permission to do so has been obtained by the Owner, in writing, from the Town and from the registered owner of the lands across which the easement shall lie. 18. STREET NAMING The Owner shall name, on the final plan, the streets indicated in Column I of the following Table, with the respective names set out in Column II of the Table: 86 ITEM 3.4 Column I Street adjacent to Lots 1 to 10, inclusive Street adjacent to Lots 10, 11, 21, 22 and Block 24 Street adjacent to Lots 11 to 21, inclusive Table Column II Fawndale Road Gwendolyn Street Petunia Place 19. SERVICE CAPACITY This Agreement shall be subject to the Owner entering into satisfactory ar- rangements with the Town and the Regional Municipality of Durham with respect to the allocation of sewage treatment plant capacity and water capacity for the development. 20. GENERAL PROVISIONS - SERVICES The Owner agrees with the Town: (a) Paving of Driveway Approaches To pave all driveway approaches between the curb and sidewalk, or, where no sidewalk is to be provided, between the curb and the lot line. (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, including Ontario Hydro 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), above. (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. 87 PART 2 - SERVICES (Cont'd) (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 thirty (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 thirty (30) days of the account for same being rendered by the Town. Similarly to pay the cost of moving any serwces 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 required to be done under this Agreement to the specifications of the Town in effect at the date hereof. (h) Temporary Signs (i) (D To provide and erect at its own cost, to the specifications of the Town, temporary signs of such nature and at such locations as may be designa- ted by the Director of Public Works. Permanent Signs To provide and erect at its own cost, to the specifications of the Town, permanent signs of such nature and at such locations as may be designa- ted by the Director of Public Works. Engineering Drawings Prior to the final acceptance of the 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 (1) (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 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. 10 88 ITEM :].4 PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS 21. 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) Sewer and water facilities are installed and in operation to ade- quately 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. (4) (a) Should any building or part thereof in the plan of subdivision be occupied without the prior issuance of a municipal occupancy permit, then in that event, the Owner shall pay to the Town the sum of $1,750 for each building or part thereof so occupied, as liquidated damages therefor. The issuance by the Town of municipal occupancy permits for each and every building on any lot or block in the plan of subdi- vision shall be deemed to be a release from the provisions of this subsection with respect to that lot or block. (5) The Owner shall maintain vehicular access to all occupied buildings in the plan of subdivision until the roads are formally assumed by the Town. 22. TIME LIMIT FOR CONSTRUCTION (1) The Owner shall construct or cause to be constructed, in the plan, twenty-three (23) housing units, all of which shall be completed within two (2) years of the date of registration of the plan. (2) In the event that more or less than twenty-three (23) housing units are to be constructed in the plan, an amendment to this Agreement shall be required. 23. DESIGN PLANNING (1) (a) 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 architectural design objectives for the subdivision, which approval shall not be unreasonably withheld. (b) This report may be required, at the Director's option, to provide the following information: 11 PART 3 - CONSTRUCTION & OCCUPANCY OF BUILDINGS (Cont'd) (a) (b) (i) (ii) (iii) (iv) (v) (vi) (vii) house massing; streetscape; exterior materials and colours; architectural style; visual variety; energy conservation measures; and any other data or information required. 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. These plans and drawings may be required, at the Director's option, to provide the following information: (i) the location of all buildings and structures to be erected and the location of all facilities and works associated therewith; (ii) the location of landscaping features, including trees to be preserved; (iii) streetscape for front and rear elevation at a scale accept- able to the Director; (iv) streetscape to show all street furniture and vegetation; (v) the relationship of buildings by blocks; and (vi) any other data or information required. 12 9O ITEM PART 4 - FINANCIAL MATTERS 24. FINANCIAL PAYMENTS (i) The Owner shall pay to the Town a unit levy in the amount of $1,750 per unit, for each dwelling unit for which a building permit is received. The Town acknowledges receipt, January 19th, ]982, of the unit levies payable for the units to be erected on Lots 1 and 2. (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 eighteen (18) months from the date of registration of the plan. (8) A letter from the Clerk of the Town advising that the unit levy has been paid shall be deemed to be a re]ease of this section for the lands referred to in the said letter. 25. 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 $40,250 as security for: (a) the payments referred to in section 24 hereof; and (b) the payment of liquidated damages referred to in subsection (4) of section 21 hereof. 26. 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 said plan of subdivision, 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 said 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. 13 ITEM 14 ' 91 PART 4 - FINANCIAL MATTERS (Cont'd) (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 mechanics' liens or otherwise and all costs in connection therewith. 27. EXPIRY OF SECURITIES (i) 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 thirty (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. 28. TERMINATION OF LEVY/OCCUPANCY SECURITY (i) The security required to be deposited with the Town pursuant to the provisions of section 25, above, may only be terminated or cancelled by the Owner after the Municipal Occupancy Permit for the last residential building or part thereof to be constructed in the plan has been issued by the Town. (2) Notwithstanding the provisions of subsection 1, the Owner may, from time to time, apply to the Town Treasurer for a reduction in the amount of the security referred to in subsection 1, as Municipal Occupancy Permits are issued. 14 92 PART 5 - PARKS & TREES 29. PROVISION OF PARKLAND The Owner shall pay to the Town the sum of $19,722 prior to the registration of the plan of subdivision in full satisfaction of the Owner's obligation to pro- vide parkland. 30. FENCING (1) The Owner shall erect, upon the completion of final lot grading and seeding or sodding the lands in the subdivision, a permanent fence of nine (9) gauge, galvanized steel link fencing, having 0.05 metre mesh, 1.8 metres high, along the westerly boundary of Block 29. (2) The fencing required to be constructed pursuant to subsection (1), above, 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. 31. DRAINAGE ONTO OPEN SPACE/PARKLAND (i) The Owner shall ensure that the lands within the subdivision do not drain surface run-off water onto Town owned parkland, open space or walk- ways. (z) Where this is not possible, the Owner shall install within the parkland, open space or walkways, as the case may be, at a distance no greater than six (6) metres from the property line, suitable swales and catch basins to adequately manage, in the opinion of the Director of Parks and Recreation, all surface run-off water, draining onto the parkland open space or walkways from the lands within the subdivision. 32. LANDSCAPE PLANNING (i) The Owner agrees that 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 and blocks on the plan to the Town for approval. (2) 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. 33. TREE PLANTING (1) The Owner shall plant on road allowances within or adjacent to the plan, trees of a size, number 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) A list of acceptable tree species and sizes will be provided. (4) The trees approved by the Town shall be planted by the Owner no more than six (6) months after final grading is done in the specified area. (5) (i) The Owner shall plant one (1) tree per residential unit in the subdivision. 15 93 PART 5 - PARKS & TREES (Cont'd) (ii) Where the density is too great to enable this quota to be met, the Owner shall provide $70 for every unit for which a tree cannot be planted for tree planting in a public land area within the commu- nity in which the plan is located. 34. TREE PRESERVATION (i) 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 his 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 Guidelines 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 rep/ace that tree with a tree of a height, diametre and species 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 residential 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. 16 94 PART 6 - GENERAL PROVISIONS 35. 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. 36. CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered on or before December 31st, 1984, the Town may, at its option on one month's notice to the Owner, declare this Agreement to be null and void. 37. 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. 38. INTERPRETATION (1) Whenever in this Agreement the word "Owner" or the pronoun "it" is used, it shall be read and construed as "Owner or Owners" and "his", "herr' or ,rthem., respectively, and the number of the verb agreeing therewith shall be construed accordingly. (2) Schedules A, B, C and D attached hereto shall form part of this Agreement. 39. TIME Time shall be of the essence of this Agreement. 40. BINDING PARTIES This Agreement and everything herein contained shall enure to the benefit and be binding upon the Parties hereto, their successors and assigns. of 17 ITI~M ~4 PART 6 - GENERAL PROVISIONS (Cont'd) ? 9~ IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their Corporate Seals attested to by the hands of their proper officers in that behalf fully authorized. SIGNED, SEALED & DELIVERED J. F. COUGHLAN CONSTRUCTION CO. LIMITED President THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk 18 96 ITEM 14 SCHEDULE A 1. TIME LIMIT FOR WORK & GUARANTEE FOR WORKMANSHIP & MATERIALS Save as herein otherwise provided, the Owner shall complete the works required under this Agreement within Two years from the date of registration of the plan of subdivision, 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 Director of Public Works, the Director of Parks and Recreation, or the Director of Planning, as the case may be. TEMPORARY TURNING CIRCLES (i) Notwithstanding the provisions of sections 6, 7 and 8 of this Agreement, the Owner shall construct, at its sole expense and to the Town's speci- fications, a temporary turning circle, (a) on Gwendolyn Street immediately south of Lot 22 and Block 24, and (b) on Fawndale Road immediately south of Block 27. Further, the Owner shall remove, at its sole expense and to the Town's specifications, 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) The Director of Public Works may waive the construction of any temporary turning circle or vehicle barrier, at his sole discretion, if development of adjacent lands is proceeding. DEMOLITION OF EXISTING BUILDINGS Ali existing structures on any lot in the plan of subdivision shall be demolished by the Owner, at its sole expense, prior to the issuance of any building permit for that lot. CO-ORDINATED DEVELOPMENT (D Block 23 shall be held for future residential development in conjunction with adjacent lands and such development shall not commence without the prior written approval of the Town which approval may be granted sub- ject to conditions, one of which may require certain amendments to be made to this Agreement. Until such time as Block 23 is developed in accordance with subsection (1), above, the Owner shall maintain it in a clean and orderly condition to the satisfaction of the Town. (3) The blocks set out in Column I of the following Table shall be developed only in conjunction with the lands described in Column I1 thereof, to provide the number of units set out in Column III thereof: Table Item Column I Column II Column III 1. Block 24 Block 42, 18T-82020 1 2. Block 25 Block 46, 40M-1309 1 A-1 SCHEDULE A (Cont'd) 97 (4) The development of the lands described in Item 1 of the Table set out in subsection (3), above, shall be governed by the provisions of this Agree- ment. The development of the lands described in Item 2 of that Table shall be governed by the provisions of the Subdivision Agreement dated July 4, 1983, notice of which was registered March 15, 1984 as Instrument No. LT 198707, respecting Plan 40M-1309. CONSTRUCTION STAGING (1) It is acknowledged and agreed that the Owner may construct the plan of subdivision in up to two stages, as shown on Map I, attached hereto. (2) The staging of the construction shall be limited to the staging of the construction of services and residential units, and shall not include the phasing of the registration of the plan. (3) The provisions of the sections set out in the following Table shall be applicable to both stages but shall only take effect with respect to any stage upon the commencement of construction in that Stage. (4) Table Sections 4, 5, 6, 7, 8, 9, 12, 13, 20(a), 22, 30 and 33 Schedule A - Section 1, 2 Schedule C The provisions of the sections set out in the following applicable to both stages and shah take effect upon this Agreement. Table Sections 1, 2, 3, 10, 11, 14, 15, 16, 17, 18, 19, 20 23, 24, 25, 26, 27, 28, 29, 31, 32, 34, 35, 36, 37, 38, 39, Schedule A - Sections 3, 4, 5 and 6 - Map I Schedule B - Sections 1 and 2 Table shall be the registration of (except 20(a)), 21, 40 and 41 6. BUILDING PERMITS - LOTS 11-22, BLOCK 24 The Owner shall not apply for a building permit for the construction of any building on Lots 11 to 22, inclusive, and Block 24, or any of them, until such time as a full 20 metre road allowance is provided for Gwendolyn Street and full street services constructed, or under construction thereon. A-2 ITEM SCHEDULE B 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.I') & MINISTRY OF NATURAL RESOURCES (UM.N.R.") - ENGINEERING & DRAINAGE REPORT The Owner shall carry out, or cause to be carried out, to the satisfaction of M.T.R.C.A. and M.N.R., the recommendations referred to in the report required in Condition 11 of the draft approval, dated April 28, 1983, of this plan by the Commissioner of Planning of the Regional Municipality of Durham. B-1 ITE. Id SCHEDULE Sidewalks ITEM SCHEDULE FUTURE CONTRIBUTIONS TO SHARED SERVICE COSTS (i) Within sixty (60) days of the acknowledgement, by the Town's Director of Public Works, of the completion of, (a) storm sewers, as provided for in section 4 of this Agreement; (b) roads, as provided for in sections 5 and 6 of this Agreement; (c) curbs and gutters, as provided for in section 7 of this Agree- ment; (d) sidewalks, as provided for in section 8 of this Agreement; and (e) street lighting, as provided for in section 9 of this Agreement, on, or being part of Fawndale Road, adjacent to Block the Owner's consulting engineer shall provide to the Town, in a form satisfactory to the Town, a detailed summary of the actual costs, to the Owner, of those storm sewers, roads, curbs and gutters, sidewalks and that street lighting. (2) Within thirty (30) days of the receipt by the Town of the summary re- ferred to in subsection (1), above, in a form satisfactory to the Town, the Town Manager shall determine and notify the Owner, in writing, of the following: (a) the area of the lands, if any, outside the plan of subdivision that the said works shall be deemed to benefit ("the benefitting lands") for the purposes of this section and the conditions, if any, under which such lands shall continue to be benefitting lands; (b) the portion of the Owner's actual cost, referred to in subsection (1), above, that the Town shall deem to be applicable to the benefitting lands (the "shared cost") for the purposes of this section; and (c) the method or methods that shall be employed to pro-rate the shared cost to the benefitting lands, and that determination shall be final. (3) In the event that the benefitting lands, or any part thereof, are to be developed by plan of subdivision, plan of condominium or any other method requiring a Development Agreement, then the Town shall endeavour to ensure that the owner thereof pays to the Owner herein, prior to the development of those lands, ail or an appropriate portion of the shared cost, (a) calculated according to the method or methods referred to in subsection (2), above, and (b) adjusted annually, for a maximum of five (5) of notification referred to in subsection (2), the Southam Construction Cost Index for portion. years from the date above, according to Ontario, composite (4) In consideration of the Town approving the plan of entering into this Agreement with this section included, by, subdivision and the Owner here- (a) remises, releases and forever discharges, and (b) agrees to indemnify and save harmless, D-1 ITEM 14 SCHEDULE D (Cont'd) 101 the Town, its officers and employees and their respective heirs, execu- tors, administrators, successors and assigns, of and from all actions, causes of action, accounts, claims, debts, damages, demands, and costs associated therewith, arising, to arise or which may hereafter be brought against them, or any of them, by or on behalf of the Owner, or any other person, because of the provisions of this section or any error, omission, failure or negligence in the application thereof. D-2 102 ITE 14 DRAFT PLANS OF SUBDIVISION WEST SIDE OF ALTONA ROAD That Draft Plan of Subdivision 18T-82019 (Re- vised) submitted by J.F. Coughlan Construction Company Ltd., on lands being Part Lot 33, Range 3, Broken Front Concession, be APPROVED AS REVISED to permit the development o~ 23 lots ~'~gle detached residential dwelling units, 'mubject to the following conditions: 1. Changes in 'red' as shown on the plan stamped approved this date, marked as drawing B-8137-16 prepared by John Bous- field Associates Ltd., dated January 20, 1983. That the owner make ments with the Town parkland dedication. satisfactory arrange- regarding the required 3. That the owner enter into a satisfactory subdivision agreement with the Town. 4. That the owner make satisfactory arrange- ments 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. 5. That the owner agree to dedicate to the Town and other proper authorities: a) all road allowances with proper corner roundings and sight triangles, b) 0,3 metre reserves at all temporary street termini shown as Blocks 27, 28 and 29 on the draft approved plan, c) 0.3 metre reserve along the west side of Altona Road shown as Block 31 on the draft approved plan, d) a 5.18 metre road widening on the west side of Altona Road shown as Block 32 on the draft approved plan, e) 0.3 metre reserve along the west side of existing development, shown as Block 30 on the draft approved plan, f) any other easements as required. COUNCIL MINUTES - March 7th, 1983 - File - Coughlan - 18T-82019 10. 11. 12. 13. ITEM That temporary turning circles b~ provided at the temporary termini of the street~ within the Plan, if required by the Di- rector of Public Works. That the owner make satisfactory arrange- ments 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 ele- vations showing the location and relation- ship of all buildings prior to the issuance of any building permit and that no build- ing permits be issued for Lots 9 to 23 inclusive until a full 20 metre road allow- ance is provided for Street 'A'. That prior to final registration of this plan, the owner: a) satisfy the requirements of the Metro- politan Toronto and Region Conservat- ion Authority and the Ministry of Natural Resources. b) submit a Draft M-Plan to be approved by the Town Planning Department, c) submit a tree preservation programme to the satisfaction of the Town and that no existing trees be removed until such time as the above noted programme has been approved by the Town~ That Blocks 24, 25 and 26 inclusive be developed for residential purposes in conjunction with abutting lands and that these blocks be maintained to the satis- faction of the Town until such time as they are developed. That the owner make satisfactory arrange- ments with the Town of Picketing and the Region of Durham with respect to the pro- vision of a temporary access to Altona Road in the vicinity of Lots 2, 3 or 4 of the approved plan. That the owner make satisfactory arrange- ments with the Town regarding the removal demolition and/or retention of all struct- ures on the subject property. 103 DRAFT PLANS OF SUBDIVISION WEST SIDE or ALTONA ROAD That By-law Amendment Application A 16/82 (Revised), submitted by J.F. Coughlan Construct- ion Company Ltd., on lands being Part Lot 33, Range 3, Broken Front Concession, to rezone the subject lands from 'RI One-Family Detached Dwelling (first Density)' and 'R3 One-Family Detached Dwelling (third Density)' to an app- ropriate zoning to implement approved draft plan of subdivision 18T-82019 (Revised) be APPROVED AS REVISED. 104 DURHAM Box 623 J,F, Coughlan Construction Co, Ltd. Suite 207, 4121 Lawrence Avenue East West Hill, Ontario, MiE 2S2 ,<ECEtVED SOLICITOR 1'OWN 0~' PICKERING Dear Sir: Re: Application for Approval of Plan of Subdivision File No: 18T-82019 Location: Pt. Lots 33 & 34, B.F. Conc, Municipality: Town of Pickering --RECEIVED MAY 3 1983 I am pleased to advise that, in accordance wi th By-law No. 184/80 of the Regional Municipality of Durham, decision to draft approve the above-referenced plan of subdivision is now given, subject to the conditions attached to this letter. This decision to draft approve is conditional upon that no person requests my decision to be reviewed by Council within 5 days of the date of this notice. In addition, this decision TO draft approve is subject to Section 55(3) of The Planning Act R.S.O. 1980, which provides as follows: "The applicant and each person who requests written notice of the decision referred to in sub-section 1 may appeal to the Municipal Board against the decision by serving personally on or sending by registered mail TO the Clerk of the Municipality in which the Council or appointed officer has jurisdiction notice of appeal accompanied by payment TO the Clerk of the fee prescribed by the Municipal Board under The Ontario Municipal Board Act, as payable on an appeal to the Municipal Board, within twenty-one days after the day on which the notice was sent under sub-section t." If no appeal is received by the Regional Clerk within 21 days from the date of this letter, we will issue draft plan approval and a copy of the draft approved plan will be sent to you accordingly. Yours very truly, Dr. M. Michael, M.C.~.P. Commissioner of Planning :JJ attachment CC: Mr. M. Strouds Ms. L. Tennant, Minist~ of Municipal Affairs & Housing Mr. B.J. Taylor, Clerk, Town of Picketing Metropolitan Toronto & Region Conservation Authority Mr. B. Freeman John Bousfield Associates Mr. C. Lundy, Regional Clerk Mr. G. Crawford, Regiona! Ministry of Natural Resources ~-Mr. T,M. Magi, Planning Director Town of Pickering Attachment to letter dated From: To: Re: ITEM April 28, 1983 Dr. M. Michael, Commissioner of Planning, Region of Durham J.F. Coughlan Construction Co. Ltd. File 18T-82019 (Revised) Town. of Picketing 105 CONDITIONS OF APPROVAL OF FINAL PLAN FOR REGISTRATION OF THIS PLAN OF SUBDIVISION ARE AS FOLLOWS: NO. CONDITIONS 1. That this approval applies to plan of subdivision 18T-82019, prepared by John Bousfield Associates Ltd., revised and dated February 17, 1983, identified as drawing no. B-8137-2-16 showing a total of 23 single family lots. That the road allowances included in this draft plan shall be dedicated as public highway. That a 5.18 metre road widening along Altona Road be dedicated as public highway for the purpose of road widening. That 0.3 metre reserve along the widened portion of Altona Road be dedicated to the Region of Durham. That the owner conveys land in the amount of or up to 5% of the land included in the plan to the Town of Pickering for park purposes pursuant to section 36(5) of The Planning Act. Alternatively, the Town may accept cash-in-lieu of all or a portion of the said conveyance and under section 36($) of The Planning Act, the Town is hereby authorized to do so. That any deadend and open side of road allowances created by this plan shall be terminated in 0.3 metre reserves to be conveyed to the Town of Picketing. That if in the opinion of the Town, temporary access is required, the owner shall make satisfactory arrangements with the Town of Pickering and the Region of Durham for provision of such access in the vicinity of lots 2, 3, or 4, as shown on the draft plan. That the streets on the final plan shall be named to the satisfaction of the Town of Pickering and the Region of Durham. That such easements as may be required for utilities, drainage and/or servicing purposes shall be granted to the appropriate authori ry. cont' d . . . 106 ITEM 18T-82019 2. NO. COND I TI 11. 12. 13. 15. 16. 17. That the area to be subdivided shall be zoned to reflect the uses shown on the draft plan in an appropriate zoning by-law passed by Council and either a) submitted to and approved by the Ontario Municipal Board, or b) in effect in accordance with section 39(26) of The Planning Act. That the owner shall submit to the Ministry of Natural Resources and the Metropolitan Toronto and Region Conservation Authority for their mutual approval, a detailed engineering and drainage re~ort that describes the storm water management techniques and development and construction techniques which may be required to minimize the amount of storm water drainage from the site and the proposed methods for controlling or minimizing erosion and siltation on-site and/or in downstream areas during and after construction. That the owner shall submit an overall grading plan to the Metropolitan Toronto and Region Conservation Authority. That the owner submit to the Metropolitan Toronto and Region Conservation Authority plans for the treatment of the small watercourse flowing through the northeast corner of the draft plan. That prior to final approval of the plan, the owner shall satisfy all 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 Town of nickering, concerning the provision and installation or roads, services, drainage, etc. 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 concerning the provision and installation of sanitary sewer, water supply, roads and other Regional services. That if sanitary sewer and/or water supply facilities are to be provided through the abutting plan of subdivision 1ST-B2005, the Region of Durham shall be satisfied that a commitment has been made, by way of a subdivision agreement, for servicing of plan of subdivision 18T-82005 prior to final approval of this plan. 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 to be designed and constructed as per the standards and requirements of the Works Department of the Region of Durham; ITEM ' 107 18T-82019 3. NO. CONDITIONS 18. That prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply capacity are available to service the subject development. 19. 20. That the subdivision agreement referred to in condition 14 shall contain the following provisions: a) the owner agrees to carry out or cause to be carried out to the satisfaction of the Ministry of Natural Resources and the Metropolitan Toronto and Region Conservation Authority the recommendations referred to in the report as required in condition 11; Blocks 24, 25 and 26 shall be developed only in conjunction with abutting land and these blocks be maintained to the satisfaction of the Town until developed. That prior to approval of the final plan, the Commissioner of Planning for the Region of Durham shall be advised in writing by a) the Town of Pickering how conditions 2, 5, 6, 7, 8, 9, 10, 14 and 19 b) have been satisfied; the Metropolitan Toronto and Region Conservation Authority how conditions 11, 12, 13 and 19 a) have been satisfied; and c) the Ministry of Natural Resources how conditions 11 and 19 a) have been satisfied. NOTES 1. We suggest you make yourself aware of: a) section 143(1) of The Land Titles Act, which requires all new plans be registered in a land titles system; and b) section 143(2) which allows certain exceptions. It is suggested that the municipality register the subdivision agreement as provided by section 36(6) of The Planning Act against the land to which it applies, as notice to prospective purchasers. Where agencies are involved in the subdivision agreement, a copy of the agreement shall be sent to them in order to expedite clearance of final plan approval. These agencies are: cont'd .... 18T-82019 NO. NOTES Miss A. Aitken Metropolitan Toronto and Region Conservation Authority 5 Shoreham Drive Downsview, Ontario ~3N lS4 661-6600 Mr. I. B. Earl Ministry of Natural Maple District Maple, Ontario LOJ tEO 832-2761 Resources When the zoning by-law referenced in condition 10 is being prepared, the explanatory note of the said by-law should make reference to this draft plan and the T-file hUnt, er. This would facilitate the Region's and other agency's review of the by-law. The Metropolitan Toronto and Region Conservation Authori~ recommend that storm water management for the development be desi§ned in conjunction with the surrounding plans of subdivision so that the drainage scheme may be a comprehensive one and the nunl~er of outfalls may be minimized. The Ministry of Natural Resources should also be consulted prior to the preparation of the report as required in condition 11. When the draft M-Plan is completed, copies should be submitted to the Town of Pickering Planning Departn~nt and the Region of Durham Planning Department in order to facilitate subdivision agreement preparation. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse under section 36(13) of The Planning Act. Extension may be granted provided valid reason is given and is submitted to the Region well in advance of the lapsing date. THE END ITEM 14 109 I LITTLE FORDS SUBdECT 0 0 0 0 0 Town of Pickering Legal Department Cou ghlan/Mackay - 18T-82019 - Part Lot 33, Range 3, B.F.C. - Subdivision Agreement