REPORT #PD-2017-06 COMMITTEE OF THE WHOLE MEETING FEBRUARY 6, 2017 EXTENSION TO DRAFT PLAN APPROVAL REQUEST HONEY HILL SUBDIVISION 6314 ALLISTON DEVELOPMENTS INC. 6314 14TH LINE SETTLEMENT OF ALLISTON FILE NO. NT-T-0904 RECOMMENDATION That Report #PD-2017-06 be received; And further that an extension to the draft plan approval for Plan of Subdivision File NT- T-0904 be approved for a period of three (3) years, until March 10, 2020. OBJECTIVE The purpose of this Report is to provide Council with background information and a recommendation concerning a request for an extension to the approval of the subject draft plan of subdivision. BACKGROUND LOCATION The subject lands are legally described as Part of Lot 8, Concession 14. The total land holding is approximately 13.37 hectares (33.04 acres) in size, located east of the Industrial Parkway, and north of the 14th Line and to the west of the planned expansion of the Briar Hill West subdivision, in the Community of Alliston. The subject lands currently have a single detached dwelling residing on the property which will be demolished for the construction of the new subdivision. A location plan of the subject lands is provided as Attachment No. 1. HISTORY/PROPOSAL The following is a chronology of the most pertinent events affecting the subject lands. In August 1997, applications for Official Plan and Zoning By-law amendment were submitted to the Town. The purpose of the applications was to enable a residential plan of subdivision to be developed on the subject lands. The Official Plan Amendment application was approved through the approval of Official Plan Amendment 29, (Alliston Industrial/Commercial Area Secondary Plan), which designated the lands Urban Mixed Use.
Report #PD-2017-06, February 6, 2017 In October 2001, an application for draft plan of subdivision was submitted and later approved by Council on September 25, 2006. The draft plan proposed a sixty (60) lot residential plan of subdivision, with a commercial block, park block and related infrastructure blocks. Draft Plan approval was granted for three (3) years, until September 21, 2009. In 2009, a three (3) year extension to the draft plan was granted by Council and again in 2012, until September 21, 2015. On January 13, 2010, new applications for Plan of Subdivision (NT-T-0904), Official Plan and Zoning By-law Amendments (DEV 274) were submitted respecting the subject lands. The Official Plan Amendment proposed an increase in density of the draft plan from sixty (60) residential units to one hundred and sixty (160) residential units, to relocate the park in a more centralized location within the subdivision, and to have the commercial block removed from the plan. The application for a Zoning By-law Amendment requested to rezone the subject lands in keeping with the proposed draft plan of subdivision. On March 4, 2013, a recommendation report was brought forward to the Committee of the Whole recommending approval of the Official Plan and Zoning By-law Amendment and red line request to the draft plan. On March 18, 2013, Council denied the applications which was appealed to the Ontario Municipal Board by the owners of the land at that time. On March 10, 2014, the Ontario Municipal Board approved the draft plan of subdivision, official plan and zoning by-law amendment applications to permit the one hundred sixty (160) residential unit plan. On March 2016, the lands were purchased by 6314 Alliston Developments Inc., being the current owners of the lands. A copy of the draft approved plan and conditions is included as Attachment Nos. 2 and 3. COMMENTS AND CONSIDERATIONS Analysis In approving a draft plan of subdivision, the inclusion of a lapsing provision is a standard practice of the Town, as a means to protect against inordinate delay in the development of subdivisions or to provide for additional conditions of draft approval where circumstances have changed since the original draft approval. Page 2 of 44
Report #PD-2017-06, February 6, 2017 Pursuant to Section 51(32) of the Planning Act, the Town has the authority to extend the approval time for a draft plan of subdivision provided the extension is granted prior to the lapsing date of the draft plan. The Town's Engineering Department have indicated no objection to the extension request. However, the draft plan conditions have been either amended or new conditions have been added in keeping with current Town practice. Given the limited timeframe that the applicant has owned the subject lands, the applicant and Town staff have met on several occasions to discuss aspects of the subdivision including the creation of the urban design report, parkland design and engineering requirements. Engineering staff has received an application form and application fees for the 1st engineering submission. Furthermore, the applicant had submit a building permit application for the construction of a temporary sales office however, the building permit applicant has not been approved until such time as the applicant enters into a Temporary Sales Office Agreement with the Town. A copy of the updated conditions has been included as Attachment No. 4. In consideration of above, it is the opinion of staff that the applicant is actively progressing the draft plan of subdivision forward. Staff have no objection to the granting of draft plan approval for an additional three (3) years, until February 13, 2020. FINANCIAL CONSIDERATIONS There are no financial considerations associated with this report. Respectfully submitted: Andy Warzin Intermediate Planner Attachments: Attachment No. 1 - Location Map Draft Approved Plan CONDITIONS OF DRAFT PLAN APPROVAL FINAL Revised Draft Plan Conditions - February 1, 2017 Page 3 of 44
Report #PD-2017-06, February 6, 2017 Approved By: Department: Status: Bruce Hoppe, MCIP, RPP Planning Approved - 02 Feb 2017 Blaine Parkin, P. Eng. Deputy CAO Approved - 02 Feb 2017 Brendan Holly CAO Approved - 02 Feb 2017 Page 4 of 44
Attachment No. 1 Location Map µ 4795 BRIAR HILL HEIGHTS 6398 RIDGE WAY INDUSTRIAL PARKWAY 6314 WESTMOUNT DRIVE UPPER HIGHLAND HILLCREST DRIVE VISTA GARDENS 6460 14TH LINE C W LEACH ROAD 6286 RIDGE WAY 6224 6437 6233 6285 6315 ALLISTON 6485 BEETON 6375 6209 TOTTENHAM 0 75 150 300 450 600 M 1:8,000 Page 5 of 44 6302
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CONDITIONS OF DRAFT PLAN APPROVAL Subdivision File No. NT-T-0904 Community of Alliston Town of New Tecumseth 1. This approval applies to the Draft Plan of Subdivision, dated December 2012, prepared by Exp. Services Inc, which shows a total of 160 dwelling units (Lots 1 160), 1 Future Commercial (Block 182); 1 Parkland Block (Block 185); 1 Stormwater Management Pond (Block 183); 1 Pumping Station (Block 186); 1 Open Space Block (Block 161); a servicing block (Block 184); 6.0 landscape buffer (Blocks 187 & 188); 0.3 metre reserves (Blocks 162-177); 1.0 metre widening block (Blocks 178 & 179); 8.0 metre widening blocks (Blocks 180 & 181) and a 20.0 metre Right-of-Way street layout. 2. Prior to final approval, the Town of New Tecumseth ( the Town ) shall be satisfied that the appropriate zoning is in effect for the proposed plan of subdivision. 3. Prior to final approval, the Master Servicing Plan for the lands within the Official Plan Amendment No. 29 lands must be approved by the Town and any other authority having jurisdiction. 4. Prior to entering into agreements of sale and purchase the Owner shall submit a streetscape and urban design report to the satisfaction of the Town. This report shall address the Urban Design Guidelines, approved by the Town on October 20, 2003, and shall address, at minimum, the following: internal landscaping on boulevards as it relates to the road rights-of-way and the location of underground services (i.e., typical road sections incorporating boulevard trees); co-ordination of the urban design/streetscape elements, including entrance features and medians; landscaping along 14 th Line and C.W. Leach Road, including walls and fencing, and typical cross-sections required to determine appropriate locations for buffer landscaping; the appropriate landscape treatment and configuration for the stormwater management pond, Block ; landscaping with community edge buffers; landscaping along walkways and single-loaded roads; residential built form, including illustrations for typical dwelling types with a variety of garage placements. typical house placement, illustrating street elevations on corner lots; illustrate interfaces between residential block and open space and collector road systems; private-public interface, particularly with respect to the open space system; entrance features and integration with, or buffering for adjacent existing neighbourhoods. 5. The Owner shall cause the following to be displayed in the sales office, information approved by the Town, prior to offering any units for sale, to be monitored periodically by the Town. No building permit shall be issued for a sales office or model home, or a residential unit until such information is approved by the Town. Page 7 of 44
The Official Plan and/or Secondary Plan for the broader area, showing surrounding land uses, arterials/highways, railways and hydro lines etc. The location of street utilities, community mailboxes, entrance features, fencing and noise attenuation features, together with the sidewalk plan approved in conjunction with draft plan approval. The location of parks, open space, storm water management facilities and trails. The location of institutional uses, including schools, places of worship, community facilities. the location and type of commercial sites Colour-coded residential for singles, semis, multiples, and apartment units. the following notes in BOLD CAPITAL TYPE on the map: "For further information, on proposed and existing land uses, please call or visit the Town of New Tecumseth Planning Department at 10 Wellington St. East, Alliston, (705) 435-3900, Ext. ###. "For detailed grading and berming information, please call the developer s engineering consultant, (name) at ". "This map is based on information available as of (date of map), and may be revised or updated without notification to purchasers." All of the above required information shall be displayed in any sales office to the satisfaction of the Town, prior to any units being offered for sale, and material displayed in any sales office shall be monitored periodically by the Town. No building permit shall be issued for a sales office or model home, or a residential unit until such information is approved by the Town. The Owner shall agree in the subdivision agreement, and prior to entering into any agreements of purchase and sale, that purchasers will be required to sign an acknowledgement that they have seen all of the above required information in the sales office. 6. The Owner shall pay any and all outstanding application fees to the Town, in accordance with Tariff of Fees By-Law 2004-073 as amended. 7. The Owner shall enter into a subdivision agreement with the Town to satisfy all conditions, financial or otherwise of the Town, with regard to such matters as the Town may consider necessary, including payment of development charges, the provision of roads and municipal services, landscaping and fencing. The said agreement shall be registered against the lands to which it applies. 8. The road allowances within the Plan shall be designed in accordance with the Town s engineering standards for road and intersection design and temporary turning circles, and shall be conveyed to the Town as public highways without monetary consideration and free of all encumbrances. The pattern of streets and the layout of lots and blocks shall be designed to correspond and coincide with the pattern and layout of abutting developments. 9. The street names shall be determined by the Town, and shall be included on the first engineering drawings. Page 8 of 44
10. Any dead ends and open sides of road allowances created by this Plan shall be terminated in 0.3 metre reserves, to be conveyed to the Town, without monetary consideration and free of all encumbrances, to be held by the Town until required for future road allowances or development of adjacent lands. 11. The Owner shall agree in the subdivision agreement that Blocks 178,179,180 and 181, Reserve - Future ROW, are for the purpose of future roads and shall agree to convey them to the Town, without monetary consideration and free of all encumbrances, when requested by the Town. 12. The Plan to be registered shall show a 0.3 metre reserve along the exterior side yard lot lines of all corner lots and corner blocks, which reserves are to be conveyed to the Town, without monetary consideration and free of all encumbrances. 13. The Plan to be registered shall show daylighting triangles on each corner lot in accordance with the Town s Engineering Design and Standard Specifications and Drawings, or as determined by the Town, which are to be conveyed to the Town, without monetary consideration and free of all encumbrances. 14. The Owner shall convey the following lands to the Town, where appropriate, without monetary consideration and free of all encumbrances: a) Block 185 for parkland dedication purposes; b) Block 183 for storm water management purposes; c) Block 161 for open space purposes; d) Blocks 178 to 181 inclusive for road widening purposes; e) Blocks 162 to 177 inclusive for 0.3m reserves; f) Block 184 for overland flow route to storm water management pond purposes; and g) Blocks 187 and 188 for landscaped buffer/noise attenuation purposes 15. The Owner shall agree to design, purchase materials and install a street lighting system, compatible with the existing and/or proposed systems in surrounding plans, all in accordance with the Town s Engineering and Design Criteria and Standards. 16. Prior to final approval, a geotechnical report prepared by a qualified professional at the Owner s expense shall be submitted to the Town for review and approval. The Owner shall agree in the subdivision agreement to carry out, or cause to carry out, the recommendations of the report including pavement design and construction issues for ideal and non-ideal conditions on the entire site, to the satisfaction of the Town. 17. Prior to final approval, the Owner shall not remove any vegetation or topsoil or start any grading of the lands, including importing of fill without an earthworks agreement with the Town having been executed. 18. The Owner shall agree that all lots or blocks to be left vacant shall be graded, seeded, maintained and signed to prohibit dumping and trespassing. 19. Prior to final approval, easements required for utility, drainage and construction or other purposes shall be created and granted to the appropriate authority (ies), free of all charge and encumbrances. 20. The Owner shall agree in the subdivision agreement that construction access shall be Page 9 of 44
provided in a location approved by the Town. 21. That the Owner agrees in the subdivision agreement to hours of construction, access locations as approved by the Town, and construction practices that minimize potential impacts from dust, noise and vibration to the existing residences in the area. 22. Final engineering design(s) may result in minor variations to the Plan (e.g., in the configuration of road allowances and lotting, number of lots etc.), which may be reflected in the final plan to the satisfaction of the Town. 23. Prior to final approval, an updated detailed Environmental Noise and/or Vibration Study reflective of the revised Draft Plan, dated December 2012. The study shall be prepared by a qualified consultant, at the Owner s expense, and shall be submitted to the Town for review and approval. The preparation of the report shall include the ultimate traffic volumes associated with the surrounding road network and will also demonstrate the impacts from the adjacent industrial uses on the proposed Subdivision, in accordance with the Ministry of Environment s Guidelines. The report shall provide acoustical mitigation recommendations and need for attenuation for existing residences within the development. This report shall also provide warning clauses requirements to be registered on title notifying the home owners of the potential noise situations generated by the adjacent industrial uses and traffic noise sources. The Owner shall agree in the subdivision agreement to carry out, or cause to carry out, the recommendations set out in the approved noise/vibration report, to the satisfaction of the Town. Additional lands if required shall be conveyed to the municipality free of all charge and encumbrances. 24. Prior to final approval, the Developer s Consultant shall submit an updated detailed Odour Emission Summary and Dispersion Modeling report reflective of the revised Draft Plan, dated December 2012. The report shall be prepared by a qualified consultant, at the Owner s expense, shall be submitted to the Town for review and approval. The report will demonstrate that the dust and odour levels at the proposed Subdivision meet the applicable requirements and criteria set by the applicable Ministry of Environment guidelines and provide its recommendations and conclusions accordingly. This report shall also provide warning clauses requirements, if any, to be registered on title notifying the existing residences within the development of the potential odour situations generated by the adjacent industrial sources. 25. Prior to the initiation of grading, and prior to the registration of this draft plan of subdivision or any phase thereof, the Owner shall submit to the Town for review and approval, a detailed engineering report that describes the storm drainage system for the proposed development within this draft plan, which report shall include: a) plans illustrating how this drainage system will tie into surrounding drainage systems, and indicating whether it is part of an overall drainage scheme, how external flows will be accommodated, and the design capacity of the receiving system; b) the location and description of all outlets and other facilities; c) storm water management techniques which may be required to control minor or major flows; and d) proposed methods of controlling or minimizing erosion and siltation onsite and in downstream areas during and after construction. e) The Stormwater Management Pond will at a minimum meet the MO preferred Page 10 of 44
criteria or applicable standards of the day, as may be updated from time to time. The Owner shall agree in the subdivision agreement to carry out, or cause to carry out, the recommendations set out in any and all of the aforementioned reports to the satisfaction of the Town and all appropriate Authorities. 26. That the Owner shall agree in the subdivision agreement to: a) satisfy all requirements, financial or otherwise, of the Town of New Tecumseth including, but not limited to the provision of roads and the installation of services and drainage; b) prepare a report outlining the provision of services for water, sanitary, storm water, traffic and utilities, as outlined in paragraph a) of this condition, including off-site impacts and financial impacts, in a manner satisfactory to the Town. c) prepare an appropriate phasing plan for the development of the Plan lands to the satisfaction of the Town; d) oversizing obligations for their development; e) oversizing considerations for future developments or outside considerations; f) demonstrate, prior to final approval how the portion of the Plan proposed to be registered is consistent with the phasing plan as approved by the Town of New Tecumseth and how financial impacts will be addressed to the satisfaction of the Town of New Tecumseth; and, g) Carry out or cause to carry out the recommendations of the final Master Servicing Plan for OPA 29 and any infrastructure requirements or reports within the subject lands, in a manner satisfactory to the Town. The Owner shall agree in the subdivision agreement to carry out, or cause to carry out, the recommendations set out in any and all of the aforementioned reports to the satisfaction of the Town and all appropriate Authorities. 27. The Owner shall agree in the subdivision agreement to: a) prepare an appropriate phasing plan for the development of the Plan lands to the satisfaction of the Town; and b) demonstrate, prior to final approval how the portion of the Plan proposed to be registered is consistent with the phasing plan as approved by the Town and how financial impacts will be addressed to the satisfaction of the Town. 28. The Owner shall agree in the subdivision agreement that prior to final approval of the Plan, or any part thereof, Council for the Town shall have directed by By-law or resolution, that sewer and water servicing allocation has been provided for such portion of the Plan, if any, as Council deems appropriate. 29. The Owner shall agree in the subdivision agreement that the developer/owner is advised that draft approval does not in itself constitute a commitment by the Town to provide servicing access to the Town s water treatment or sewage treatment plants. Plans may proceed to registration provided there is sufficient plant capacity and capability to serve the development. Plant capacity may be allocated for new development on a priority basis at the time of payment of Development Charges in accordance with the Act. Page 11 of 44
At all times the granting of service allocation and the acceptance of a Development Charge payment is conditional on the continued availability of service allocation and the ability of the Town to provide same. Should service allocations no longer be available to the Town to commit to this development, in whole or in part, through whatever circumstances, the Town may remove or adjust the quantity of service allocation to this development, up to the time of registration of the Plan, by advising the developer/owner and refunding the applicable Development Charges. 30. The Owner shall agree in the subdivision agreement that no building permits, save and except for model home permits as outlined in the subdivision agreement, will be applied for nor issued until the Town is satisfied that adequate road access, municipal water supply, sanitary sewers, and storm drainage facilities are available to service the proposed development. 31. Where the Owner proposes to proceed with the construction of a model home(s) prior to registration of the Plan, the Owner shall enter into an agreement with the Town, setting out the conditions, and shall fulfill relevant conditions of that agreement prior to issuance of a building permit. 32. Prior to final approval, the Owner shall pay the proportionate share of the cost of any external municipal services, temporary and/or permanent built or proposed, that have been designed and oversized by others to accommodate the subject plan. 33. Prior to any site alteration, the Owner shall agree in the earthworks, pre-servicing and/or subdivision agreement to retain a Hydrogeologist to monitor the private wells and ground water conditions, including vulnerabilities related to the aquifers, during each phase of the draft plan, to assess any impact on the existing wells an/or aquifers in the area surrounding the draft Plan, where ground water conditions may be impacted by the development of the subdivision. The Owner shall submit reports prepared by such Hydrogeologist, to the satisfaction of the Town, documenting the results of the monitoring program. The Owner shall provide potable water to any land owner whose private well or water system is adversely impacted, and to permanently, rectify the problem, to the satisfaction of the Town. The potable water to be provided and any works to rectify the problem with the private well or water system will be at the sole cost of the owner. The Owner shall agree to have a baseline of area wells established prior to the commencement of any works on site. 34. The Owner shall agree in the Subdivision Agreement to provide and construct: a) A 1.5 metre black vinyl chain link fence constructed to the satisfaction of the Town will be required at the following locations: i. Along the rear of Lots 10 to 42 where it abuts the existing residential zoned lands to the east of the development. The fence, including footings shall be located entirely within the development lands; ii. Along the rear of Lots 43 to 60 where it abuts Block 161, Open Space lands, to the northwest of the development. The fence, including footings shall be located entirely within the public lands; Page 12 of 44
iii. Along the rear of Lots 100 to 116 where it abuts Block 185, Park lands. The fence, including footings shall be located entirely within the public lands; iv. Along the rear of Lots 85 to 98 where it abuts Block 183, Stormwater Management Pond. The fence, including footings shall be located entirely within the public lands; and v. Along the east side of servicing Block 184, where it abuts the sideyard of Lot 85. The fence, including footings shall be located entirely within the public lands. b) A 1.8 metre chain black vinyl chain link fence constructed to the satisfaction of the Town will be required at the following locations: i. Along the perimeter of Block 186, Temporary pump station block. The fence, including footings shall be located entirely within the Block and shall stay erected and maintained until such time the pump station is entirely decommissioned. c) A 1.8 metre tight board privacy fence constructed to the satisfaction of the Town will be required at the following locations: i. Along the east side of Block 182, future Commercial block. The fence, including footings shall be located entirely within the Block and shall be constructed at such time development on the commercial block is approved through the Town s Site Plan Application process; ii. Along the north side of Block 186 where it abuts the berm, Temporary pump station block. The fence, including footings shall be located entirely within the Block and shall be constructed at such time development on the commercial block is approved through the Town s Site Plan Application process and/or until such time the pump station is entirely decommissioned in replacement of the 1.8 m chain link fence; and iii. Along the rear of the Lots 2 to 9 abutting the existing residential property directly east of the Plan. The fence, including footings shall be located entirely within the development lands. d) A 1.8 metre sound barrier acoustic fence constructed to the satisfaction of the Town along the rear and along the sideyard flankage to the 14 th Line of Lots 1 & 99. The fence, including footings shall be located entirely within the development lands. e) A 1.8 metre acoustic fence constructed to the satisfaction of the Town will be required along the rear of Lots 61 to 84 and shall be extended to the sideyard adjacent Lot 84. The fence, including footings shall be located entirely within the development lands. Should the updated Acoustical Report not recommend an acoustical fence, then a fence of a different type shall be constructed along the rear of lots 61 to 84, to the satisfaction of the Town. f) Acoustic fencing and/or berm requirements, as recommended by the final accepted Acoustical Report shall be installed and constructed as per the Report recommendations. g) Or as otherwise agreed to by the Town, as shown on the approved construction drawing, required by the Town. Page 13 of 44
35. That the Owner shall, prior to any site alteration and further approvals (including earthworks, pre-servicing and/or subdivision agreements), submit and implement, to the satisfaction of the Town of New Tecumseth, a Tree Preservation Study that demonstrates how the no net loss provisions of the Town s Tree By-Law 2008-123 and Policy are being addressed including a tree inventory report identifying the location, type, size and quality of any trees within the Draft Plan and indicate on a lot grading plan those trees which can be preserved and the methods for protecting the same. Compensation shall be provided to the Town for the loss of any trees which cannot be preserved. 36. Prior to entering into a subdivision agreement, the Owner shall not install any infrastructure and/or road works on the lands, without a pre-servicing agreement with the Town having been executed. 37. The Owner shall agree in the subdivision agreement to coordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities and the Town. 38. The Owner shall agree in the subdivision agreement to convey up to 5% of the land included in the Plan, or 1 hectare per 300 residential units (whichever is greater) to the Town for park purposes. Alternatively, the Town can request cash-in-lieu of all or a portion of the conveyance. 39. The Owner shall agree in the subdivision agreement not to store topsoil or any building materials, etc. On the lands being dedicated for parkland which would prevent early development of the dedicated parkland area. 40. The Owner shall agree in the subdivision agreement that all lands to be conveyed to the Town for park purposes are to be graded for adequate drainage to the satisfaction of the Town. 41. The Owner shall agree in the subdivision agreement to provide for the seeding and/or sodding of the conveyed parklands, prior to the issuance of occupancy permits for not more than 10% of the total approved dwelling units. 42. The Owner shall agree in the subdivision agreement to provide adequate parking facilities to service the park, to the satisfaction of the Town. 43. The Owner shall agree in the subdivision agreement to provide electrical, sanitary and water services to the inside edge of the park, through the park, or to a location within the park, as required by the Town. 44. Where the Owner and the Town determine that the Owner will develop the park block(s), the Owner shall agree that the design, securities and construction for the park(s) will be addressed through an agreement. 45. Prior to final approval, the Owner shall submit a plan, prepared by a qualified landscape architect, of the parkland area being dedicated or developed, showing the location, description and caliper of new trees and foliage proposed for planting, including walkways and paths, which shall be accessible to physically disabled, fencing, playground equipment (quantity and type), lighting, parking, etc. Page 14 of 44
Where it has been determined that the park will be constructed by the Owner, as shown on the plans approved by the Town, the Owner shall agree in the Subdivision Agreement to: a) provide all trees and shrubs; b) provide lighting along all walkways leading to, through and from the park; c) provide all play equipment, structures and facilities; d) lay out all playing fields with proper drainage and to provide associated backstops, goal posts and other required recreational facilities; e) provide the town with sufficient funds toward the erection of signage for the park, which is consistent with that of all other parks; The terms and costs of these works shall be determined and estimated by the Owner based on at least three independent contractor quotes and these shall be submitted to the Town for its review and acceptance prior to final approval of the Draft Plan. 46. That prior to entering into any agreements of purchase and sale, the Owner shall agree in the Subdivision Agreement to include the following clauses in all offers and agreements of purchase and sale or lease for all lots and blocks within any phase of the subdivision: a) within the entire Subdivision Plan: "Purchasers and/or tenants are advised that the proposed finished lot and/or block grading may not meet Town lot grading criteria in certain areas, to facilitate preservation of existing vegetation and to maintain existing adjacent topographical conditions." "Purchasers and/or tenants are advised that traffic calming measures may have been incorporated into the road allowances." "Purchasers and/or tenants are advised that the planting of trees on Town boulevards in front of residential units is a requirement of the Town and a conceptual location Plan is included in the Subdivision Agreement. While every attempt will be made to plant trees as shown, the Town reserves the right to relocate or delete any boulevard tree without further notice. Purchasers and/or tenants are advised that the Town has not imposed a "tree fee", or any other fee that may be charged as a condition of purchase, for the planting of trees. Any "tree fee" paid by a purchaser for boulevard trees does not guarantee that a tree will be planted on the boulevard adjacent to their residential dwelling. "Purchasers and/or tenants are advised that mail delivery will be from a designated community mailbox, the location of which will be identified by the Owner prior to any home closings." "Purchasers and/or tenants are advised that any roads ending in a dead end or cul-de-sac may be extended in the future to facilitate development of adjacent lands, without further notice." Purchasers and/or tenants are advised that despite the inclusion of noise control features within the development area and within individual units, noise levels from construction activity may continue to be of concern occasionally interfering with some activities of the building occupants. Purchasers and/or tenants are advised that the 14 th Line and 10 th Sideroad are classified as Collector and Arterial Roads and that increased traffic will result over time, with resulting noise which can occur at any time during the day or Page 15 of 44
night. Purchasers and/or tenants are advised that due to the proximity of the adjacent industries (Regional Waste Water Treatment Plant), the development may be subjected to odour levels generated from the industrial (Regional Waste Water Treatment Plant) facility at any time during the day or night. b) abutting any open space, woodlot or storm water facility: "Purchasers and/or tenants are advised that the adjacent open space, woodlot or storm water management facility may be left in a naturally vegetated condition and receive minimal maintenance." c) abutting a park block: "Purchasers and/or tenants are advised that the lot abuts a "Neighbourhood Park", and that noise and lighting should be expected from the designed active use of the park." d) along a potential transit route: "Purchasers and/or tenants are advised that the following streets may be used as transit routes sometime in the future." e) on Lots 1 and 99 Purchasers and/or tenants are advised that despite the inclusion of noise control features in the development and within the building unit, sound levels due to increasing road traffic, may on occasion interfere with some activities of the dwelling occupants. Purchasers and/or tenants are advised that this dwelling unit has been fitted with forced air heating system and the ducting, etc. was sized to accommodate future air conditioning. Installation of the central air conditioning by the occupant will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry s of Environment s noise criteria. f) on Lots 1 160 and Commercial Block 182, inclusive: Purchasers and/or tenants are advised that due to the proximity of the adjacent industries (Town of New Tecumseth Municipal Works Yard and Regional Waste Water Treatment Plant), sound levels from the industrial (Town of New Tecumseth Municipal Works Yard and Regional Waste Water Treatment Plant) facilities may at times be audible. 47. That the Owner shall agree in the Subdivision Agreement to enter into a Restrictive Covenant Agreement, with respect to the portions of the lands which have been identified in the accepted Acoustical Report as requiring mitigation in the form of an acoustical fence/wall and to register such Restrictive Covenant Agreement upon the title to such lands upon final registration of the Plan of Subdivision, to ensure the structure is not altered by the resident. 48. That the Owner shall agree in the Subdivision Agreement to enter into a Lot Maintenance Agreement, with respect to the portions of the lands which have been identified in the accepted Acoustical Report as requiring mitigation in the form of an acoustical fence/wall and to have such Agreement registered on the title to such lands upon final registration of the Plan of Subdivision, to ensure the structure is maintained by the resident. 49. That the Owner shall agree in the Subdivision Agreement to submit to the Town of New Tecumseth two reference plans of survey and one digital copy, duly deposited in the Office of the Registrar for the Town of New Tecumseth, which sets out the reserve and road widening to be transferred to the Town of New Tecumseth as a part on the Page 16 of 44
reference plan, to the satisfaction of the Town s Engineering Department. 50. That the Owner shall agree in the Subdivision Agreement to bear all costs of the Town of New Tecumseth relating to any by-laws, surveying, legal fees, disbursements, HST or any other costs for any transfers as set out in these conditions. 51. That the Owner shall agree in the Subdivision Agreement to execute all documentation prepared by the solicitor for the Town of New Tecumseth and to submit to the Town s Solicitor any required deposit amount (payable to Feehely Gastaldi Solicitors - in Trust) prior to services being rendered. COUNTY OF SIMCOE 52. That the Owner shall agree in the Subdivision Agreement to provide to the satisfaction of the County of Simcoe and the Town each with a free digital copy of the Plan of Subdivision as approved for registration. 53. That the Owner shall agree in the Subdivision Agreement to complete and implement a Traffic Impact Study to the satisfaction of the County of Simcoe and the Town. 54. Prior to final approval, the Owner shall submit a Tree Preservation & Relocation Plan to the satisfaction of the County. Such Tree Preservation & Relocation Plan shall identify that any trees required to be cut shall be limited to those areas within the building envelopes and road construction zones and will not include the entire building lot. Any trees that are approved for cutting shall be culled for their lumber. The Owner shall agree, in the Subdivision Agreement, to comply with the approved Tree Preservation & Relocation Plan to the satisfaction of the County and the Town. CANADA POST CORPORATION 55. The Owner covenants and agrees to provide the Town with evidence that satisfactory arrangements, financial and otherwise, have been made with Canada Post Corporation for the installation of Community Mail Boxes (CMB) as required by Canada Post Corporation and as shown on the approved composite utility plan, at the time of sidewalk and/or curb installation. The Owner further covenants and agrees to provide notice to prospective purchasers of the locations of CMBs and that home/business mail delivery will be provided via CMB, provided the Owner has paid for the activation and equipment installation of the CMBs. 56. The Owner agrees to consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. The temporary and permanent Mail Box will be incorporated into the C.U.P for registration. 57. The Owner agrees, prior to offering any units for sale, to display and maintain a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. Page 17 of 44
58. The Owner agrees to include in all offers of purchase and sale a statement which advises the purchaser that mail will be delivered via Community Mail Box. The Owner also agrees to note the locations of all Community Mail Boxes within the development, as well as being responsible for officially notifying the purchasers of the exact Community Mailbox locations. Also, the Owner and Canada Post will have the right to change CMB locations should it be deemed necessary. The CMB locations are to be included in the purchase offer. The purchaser will be required to sign off on this item. Should the Owner fail to comply with this step it will leave the Owner responsible to deal with all related customer inquiries. 59. The Owner will provide a suitable and safe temporary site for Community Mail Box placement until curbs, sidewalks, and final grading are completed at the permanent Community Mail Box locations. This temporary mailbox pad will be a compacted gravel area with a minimum of a single row of patio stones for mailbox placement. Temporary pad specifications will be provided to the Owner during the siting process. This location must be set-up a minimum of 30 days prior to first occupancies. 60. The Owner agrees to provide the following for each Community Mail Box site and to include these requirements on the appropriate servicing plans: i. Any required walkway across the boulevard, per municipal standards ii. Any required curb depressions for wheelchair access, with an opening of at least two metres (consult Canada Post for detailed specifications) 61. The Owner agrees to inform all homebuyers of the process to initiate mail delivery for their new home address. The homeowner can visit the Alliston Post Office 14 Victoria St W 705-435-6742 and provide their home warranty information along with their driver s license to identify their new mailing address. CMB keys will be distributed through the station counter for the new CMB compartment once the site is on delivery. In the interim any mail sent to the homeowner will be available for pickup at the station counter. Related Engineering Conditions 62. The Owner agrees to submit a plan detailing all corner lots and Blocks is where access (vehicle and/or pedestrian) to the Lot of Block us from the flankage, in order for the Town and Canada Post to determine and approve the appropriate locations for Community Mailboxes. This plan must be reviewed and approved by Town Engineering staff prior to building permit issuance. 63. That the Owner agrees to include on all offers of purchase and sale, a statement that advises the prospective purchaser that home mail delivery is not expected. The Owner further agrees to determine the location of the Community Mailboxes, Miniparks, Postal Kiosks, or other centralized mail facilities are to be in installed to the standards as provided by the Town and Canada Post as part of the installation of public services. Page 18 of 44
Warning Clause 64. The Owner agrees to place the following notification in all offers of purchase and sale for all lots and/or units and in the Town s development agreement to be registered on title: Purchasers and/or tenants of lots or units are advised that home/business mail delivery will be from designated centralized mail boxes and that purchasers are to be notified by the developer/owner regarding the exact centralized mail box locations prior to the closing of any home sales. MINISTRY OF CULTURE 65. That the Owner shall agree in the subdivision agreement to carry out an archaeological assessment of the subject property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found, to the satisfaction of the Ministry of Culture and the Town. No grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements. NOTTAWASAGA VALLEY CONSERVATION AUTHORITY 66. That prior to any site alteration, the following shall be prepared to the satisfaction of the Nottawasaga Valley Conservation Authority and Town of New Tecumseth: A detailed Storm Water Management Report; A detailed Erosion Control Plan; A detailed Grading Plan; A Landscaping Plan for the storm water management pond; and, A geotechnical Report for the storm water pond. 67. That the draft plan be subject to revisions in order to meet the above requirement if necessary. 68. That the Owner shall agree in the Subdivision Agreement to carry out or cause to be carried out the recommendations and measures contained within the plans and reports set out above. 69. That the Owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to ensure that proper erosion and sediment control measures will be in place prior to any site alteration. The Agreement must contain a provision stating that all major storm water management facilities (e.g. storm water pond) must be in place prior to the creation of impervious areas such as roads and buildings. 70. That the Owner shall agree in the Subdivision Agreement to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the NVCA. 71. That any drainage easements required for storm water management purposes shall be granted to the Town of New Tecumseth. Page 19 of 44
SIMCOE COUNTY DISTRICT SCHOOL BOARD 72. That the owner agrees to include in all offers of purchase and sale, a statement that advises the prospective purchaser that the public schools on designated sites in the community are not guaranteed. Attendance at schools yet to be constructed in the area is also not guaranteed. Pupils may be accommodated in temporary facilities and/or be directed to schools outside of the area. 73. That the owner agrees to include in all offers of purchase and sale a statement which advises the prospective purchaser that school busses will not enter cul de sacs and that pick up points will generally be located on through streets, suitable to the Board. Additional pick-up points will not be located within the subdivision. Until major construction activity has been completed. SIMCOE MUSKOKA CATHOLIC SCHOOL BOARD 74. That the owner includes in all offers of purchase and sale a clause advising prospective purchasers that pupils from this development attending educational facilities operated by the Simcoe Muskoka Catholic School Board may be transported to/accommodated in temporary facilities out of the neighbourhood school area. BELL CANADA 75. The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the prospered development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). ROGERS CABLE 76. The Developer authorizes our standards Letter of Understanding which sets out undertakings and understanding for both parties prior to the construction stages of project. 77. To ensure a comprehensive telecommunications installation that is designed to harmonize with the other infrastructure and Municipal services, the Developer or hired consultants will supply all related development drawings (electronic and hard copies) and detailed schedules, including Composite Utility Plans. 78. The Developer will utilize a supplied joint-use trench construction to be shared by the shallow utilities, Hydro, Bell and Rogers. Page 20 of 44