8. AMENDED STANDARD SUBDIVISION AGREEMENT FOR PRIVATELY SERVICED Accord standard de
lotissement modifié pour les terrains desservis |
COMMITTEE RECOMMENDATIONS
That Council approve:
1. The new standard
Subdivision Agreement for Privately Serviced Lands as shown in Document 1.
2. The Standard
Conditions of Draft Plan Approval for Subdivisions as shown in Document 2.
3. That the General Manager, Planning and Growth Management in consultation with
the City Solicitor be authorized to modify the terms and conditions contained
in Documents 1 and 2:
(a) to add site specific
conditions where appropriate based on the information provided by the applicant
and the consultation process, and
(b) to make revisions of a technical or administrative nature.
RECOMMANDATIONS
DU COMITÉ
Que le Conseil approuve:
1. Le
nouvel accord standard pour les terrains desservis par des services privés, tel
qu’il est indiqué dans le Document 1.
2. Les
conditions standard d’approbation du plan provisoire de lotissement, tel qu’il
est indiqué dans le Document 2.
3. Que
le directeur général, Urbanisme et Gestion de la croissance, en consultation
avec le chef du contentieux de la Ville, soit autorisé à modifier les
conditions comprises dans les Documents
1 et 2 :
(a) à
ajouter des conditions propres au site, là où les renseignements fournis par le
requérant et le processus de consultation le justifient; et
(b) à
effectuer des révisions de nature technique ou administrative.
Documentation
1. Deputy City Manager’s Report, Infrastructure
Services and Community Sustainability dated 19 May 2010 (ACS2010-ICS-PGM-0087).
2. Extract
of Draft Minutes, Agriculture and Rural Affairs Committee, 27 May 2010.
Agriculture and
Rural Affairs Committee
Comité de l'agriculture et des affaires rurales
and Council / et au
Conseil
Submitted by/Soumis par : Nancy
Schepers, Deputy City Manager/
Directrice
municipale adjointe, Infrastructure Services and Community
Sustainability/Services d 'infrastructure et Viabilité des collectivités
Contact Person/Personne-ressource :
Derrick Moodie, Manager/Gestionnaire, Development Review-Rural services/Examen
des projets d'aménagement-Services ruraux, Planning and Growth
Management/Urbanisme et Gestion de la croissance
(613) 580-2424, 15134 Derrick.Moodie@ottawa.ca
That the Agriculture and Rural Affairs
Committee recommend Council approve:
1. The new standard Subdivision Agreement for
Privately Serviced Lands as shown in Document 1.
2. The Standard Conditions of Draft Plan
Approval for Subdivisions as shown in Document 2.
3. That the General Manager, Planning and
Growth Management in consultation with the City Solicitor be authorized to
modify the terms and conditions contained in Documents 1 and 2:
(a) to add site specific conditions where
appropriate based on the information provided by the applicant and the
consultation process, and
(b) to
make revisions of a technical or administrative nature.
Que le Comité de l’agriculture
et des affaires rurales recommande au Conseil d’approuver:
1. Le
nouvel accord standard pour les terrains desservis par des services privés, tel
qu’il est indiqué dans le Document 1.
2. Les
conditions standard d’approbation du plan provisoire de lotissement, tel qu’il
est indiqué dans le Document 2.
3. Que
le directeur général, Urbanisme et Gestion de la croissance, en consultation
avec le chef du contentieux de la Ville, soit autorisé à modifier les
conditions comprises dans les Documents
1 et 2 :
(a) à ajouter des conditions
propres au site, là où les renseignements fournis par le requérant et le
processus de consultation le justifient; et
(b) à effectuer des révisions de
nature technique ou administrative.
On December 18, 2002, City Council adopted a Standard Subdivision Agreement and set of Standard Conditions for Draft Approval that represented a harmonization of the Agreements and Conditions being used by the former municipalities under “home rules” (Ref. No. ACS2002 DEV-APR-0231). These approved documents have been relied on since that time.
As a result of the implementation of a One Stop Service model, staff and the development industry have identified the need for further refinements to the approved documents to increase efficiency in the development review process, and to increase consistency in the drafting, selection, and inclusion of conditions of draft plan approval.
The Planning and Growth Management Department has been working on two amended standard subdivision agreements and one set of conditions of draft plan approval. One agreement is specific to privately serviced subdivisions, while the other relates to serviced subdivisions. This report explains the Subdivision Agreement for Privately Serviced Lands, since it will frequently be applied in rural areas. The serviced subdivision agreement was discussed and passed at Planning and Environment Committee on April 27, 2009.
The new Subdivision Agreement for Privately Serviced Lands is simply a modification of the Serviced Agreement. The majority of the changes are administrative and are intended to help streamline and clarify the document. Formerly, a developer received a single subdivision agreement that included all potential conditions related to both municipally serviced and privately serviced proposals. Developers have found that applying a ‘one size fits all’ approach to subdivision agreements creates unrealistic expectations for purchasers. For example, the previous agreement included conditions requiring the installation of sidewalks and public services within all subdivision proposals. While sidewalks and public services are standards in a suburban context, they are not always feasible in larger rural subdivisions. Purchasers and their lawyers often request that the developer provide these items because they are cited within the agreement. The previous Agreement also included references to municipal piped services, which have also been removed from the Agreement for Privately Serviced Lands.
The Department agrees that it should remedy this situation by adding additional wording throughout the document that makes it clear when a condition is optional versus required. While the Department has attempted to clarify most conditions, a number of those that may not apply to every privately serviced proposal need to remain in the document for legal reasons. In an effort to provide further clarity to purchasers, the City has created a clause in Schedule E (Document 1) indicating that the homeowner should refer to the approved drawings for exact design specifications.
Amendments to the previously approved Standard Subdivision Agreement and Standard Conditions are proposed to remove redundancies, simplify language, and to make clear the rights and obligations of the parties to the Agreement. A number of changes have been made to both the List of Conditions that staff uses to develop Delegated Authority Reports, and the clauses within the Standard Subdivision Agreement entered into by the developer and the City (see Documents 1 and 2). Both of these documents have been updated to reflect the City's new organizational structure and One Stop Service model. They have also been updated to capture new and updated policies, as well as other technical changes. For example, conditions to deal with Gateway Features have been added as a result of new policies approved by Council in 2009. Hydro Ottawa has also developed a new set of standard conditions at the request of the development industry. Conditions to deal with parkland, landscaping, sanitary services, and fisheries have also been updated. The new documents clearly outline the roles and responsibilities of both the City and development applicant, and where applicable, the agency tasked with clearing the condition.
As mentioned above, the Agreement discussed in this report has been amended to incorporate those conditions that will generally apply in all privately serviced subdivision proposals (Document 1). The menu of site specific Conditions that will make up draft approval for both municipally serviced and privately serviced subdivisions has been combined in a single document (Document 2). For each application, staff selects relevant conditions from the menu to include within the Delegated Authority Report outlining draft approval requirements. While some special conditions not included in the list may be required from time to time, the Conditions have been clarified and expanded to contemplate a variety of unique situations/circumstances. When a special condition that is not included in the menu is required, staff will consult with Legal Services to ensure that an appropriately worded condition is developed.
It should be noted that the menu of Conditions is not exhaustive, therefore the Planning and Growth Management Department requests the ability, to modify, add or remove conditions when warranted. Staff will discuss substantial modifications with the development industry and any applicable technical agency prior to delivery.
RURAL IMPLICATIONS
The policies outlined in this report will apply largely to developments in rural areas.
The new standard Subdivision Agreement and
Conditions of Draft Approval for Subdivisions were circulated to various
internal Departments for review and comment. Consultations took place with a
number of industry stakeholders including developers, engineers, planning
consultants and lawyers.
Pursuant to section 51 of the Planning Act, the City may require the applicant to enter into agreements with the municipality to deal with matters the approval authority considers necessary. By-law 2009-231, the Delegation of Authority By-law authorizes the General Manager, Planning and Growth Management to approve subdivisions where the applicant and the Ward Councillor support the proposed conditions of approval, the proposed subdivision complies with relevant policies of the Official Plan, and there is no expenditure of municipal funds over and above funds recovered through development charges or funds allocated in an approved budget. Approval of this report is consistent with the authority in the Planning Act and the approval authority currently delegated to staff.
CITY STRATEGIC PLAN
The recommendations contained in this report support the 2007 – 2010 City Strategic Plan Service Delivery Priority by improving the efficiency and effectiveness of the development approval process.
TECHNICAL
IMPLICATIONS
N/A
FINANCIAL
IMPLICATIONS
Financial
requirements are as contained in Schedule F of the Standard Subdivision
Agreement for Privately Serviced lands
Document 1 Standard Subdivision Agreement - Privately Serviced Lands
Document 2 List of Standard Conditions for Draft Plan Approval
The Planning and Growth Management Department will work with Legal Services to implement the new Subdivision Agreement for Privately Serviced Lands and Standard Conditions of Draft Approval. As of June 10, 2010 the new Subdivision Agreement for Privately Serviced Lands will apply to all draft plan approvals.
DOCUMENT 1
STANDARD SUBDIVISION AGREEMENT –
PRIVATELY SERVICED LANDS
STANDARD
SUBDIVISION AGREEMENT – PRIVATELY SERVICED LANDS
Article
1 Definitions
Article
2 General Requirements
Section 2.1 Lands
2.2 Scope of Works
2.3 Municipal Covenants
2.4 Notices to Purchasers
2.5 Information for Sales Offices
2.6 Engineering Services
Article
3 Engineering Services
Section 3.1 General
Obligations
3.2
On-Site
Inspection
3.3
Testing
of Works
3.4 Update
of Studies and Reports
Article
4 Construction Requirements - General
Section 4.1 Ministry of
Environment Certification
4.2 Schedule of Works
4.3 Protection of Public Lands
4.4 Inspection of Works
4.5 Preliminary Approval of Works
4.6 Maintenance of Works
4.7
Final
Acceptance of Works
4.8
Remedy
for Default of Works
Article
5 Rural Services
Section 5.1 Drainage and
Stormwater Management Facilities
5.2 Well Requirements and Construction
Article
6 Utilities
Section 6.1 Distribution
Agreement
6.2
Telecommunication
Carriers and Distribution Undertakings
(“Telecoms”) – Occupation
of Streets
6.3
Final
Grading of Streets
6.4
Composite
Utility Plan
6.5
Relocation
of Utilities
6.6
Easements
and Maintenance Agreements for Utilities
Article
7 Roads
Section 7.1 Roads –
Construction
7.2
Maintenance
During Construction
7.3
Base
Course Asphalt Maintenance
7.4
Inspection
7.5
Maintenance
7.6
Construction
Access
7.7
Damage
to Roads
7.8
Snow
Removal
7.9
Construction
Traffic
7.10 Reserves
7.11 Parking
7.12 Off-site works
Article
8 Winter Preparation of Roads
Section 8.1 Condition of
Roads
8.2
Damage
to City Equipment
Article
9 Other Construction Requirements
Section 9.1 Curbs and
Sidewalks
9.2 Walkways
9.3 Street and Pathway Block Lighting
9.4
Pavement
Markings
9.5
Street
Name Signs, Regulatory Traffic Signage for Private Roads
9.6
Street
Name Signs and Regulatory Traffic Signage for Public Roads
Article
10 Fencing
Section 10.1 Construction
Article 11 Noise Attenuation Measures
Section 11.1 Implementation
Article
12 Grading and Drainage
Section 12.1 Construction
12.2 Amendments to Plan
12.3 No Interference
Article
13 Storm Water Management
Section 13.1 Provision of
Measures
13.2
Maintenance
13.3
Certification
Article 14 Landscaping
Section 14.1 Construction
14.2 Sod and Topsoil, or Seed and Topsoil
14.3 Certification
Article
15 Park and Open Space Development
Section 15.1 Design and
Development
15.2 Cash-in-Lieu
15.3 Parkland and Open Space Servicing
Article
16 Canada Post
Section 16.1 Community
Mailboxes
Article
17 Building and Zoning Restrictions
Section 17.1 General
Requirements - Building Permits
17.2 Occupancy Requirements
17.3 Construction/Sales Offices
17.4 Driveway Locations
17.5 Maintenance of Vacant Lots and Blocks
Article
18 Legal Requirements
Section 18.1 Registration
of Plans and Documents
18.2 Inhibiting Order
18.3 Encumbrancers’ Consent and
Subordination/Postponement
18.4 Revisions to Agreement
18.5 Arbitration
18.6 Estoppel
18.7 Changes to Agreement in Writing
18.8 Indemnity
18.9 Subsequent Parties and Gender
18.10 Notices
18.11 List of Schedules
18.12 Paragraph Headings
Schedule
“A” - Description of the Lands to Which this
Agreement Applies
Schedule “B” -
Estimated Cost of Works to be Constructed
Schedule “C” -
Securities and Cash Payable
Schedule “D” - Municipal Covenants
Schedule “E” -
Notices to Purchasers
Schedule “F” -
Financial Requirements
Schedule “G” -
Transfer of Lands for Public Purposes
Schedule “H” -
Special Conditions
Schedule “I” -
Required Wording of Letter of Credit
Schedule “J” -
Required Wording of Insurance Certificate
SUBDIVISION
AGREEMENT
THIS SUBDIVISION AGREEMENT made this day
of 201 .
BETWEEN:
Hereinafter called the “Owner”
OF THE FIRST PART
-and-
Hereinafter called the “City”
OF THE SECOND PART
WHEREAS the Owner is the owner of the lands
and premises described in Schedule “A” of this Agreement and proposes to
subdivide the said lands by means of a registered Plan of Subdivision;
AND WHEREAS the Owner and the City have agreed to
certain matters hereinafter expressed relating to the planning, development and
phasing of the said Plan of Subdivision;
AND
WHEREAS the Owner
agrees, by entering into this Subdivision Agreement, to satisfy all terms,
conditions and obligations, financial or otherwise of the City, including but
not limited to the phasing of the Subdivision, the design and construction of
roads, , utilities and drainage and the registration of documents, all at the
Owner’s sole expense and to the satisfaction of the City.
THIS AGREEMENT WITNESSETH that in consideration of the sum of
One Dollar of lawful money of Canada paid by the Owner to the City, the receipt
whereof is hereby acknowledged, and other good and valuable consideration, the
parties hereto agree to the following terms and conditions:
1. In this Agreement:
“AS-BUILT” means a revised set of drawings
submitted by the Owner upon completion of a project reflecting all changes made
in the specifications and working drawings during the construction process, and
showing the exact dimensions, geometry, and location of all elements of the
work completed during construction, as certified by an Ontario Land Surveyor or
a Professional Engineer;
“AGREEMENT” means this Agreement and the
Schedules which shall be deemed to be covenants as though specifically set out
herein;
“CITY” means the municipal corporation of
the City of Ottawa including its successors and assigns and its officers,
employees, agents and contractors or the geographic area as the context
requires;
“CITY
FORESTER” means the
senior officer of Forestry Services in the Forestry Services Branch of the
Public Works Department of the City or his/her designate;
“CITY CLERK AND SOLICITOR” means the senior officer of the City
Clerk and Solicitor Department of the City or his/her designate;
“CITY SURVEYOR” means the senior officer of the Surveys
and Mapping Unit in the Infrastructure Services Department of the City or
his/her designate;
“CITY SPECIFICATIONS OR STANDARDS” means the detailed description of
construction, materials, workmanship and standard of work to be carried out by
the Owner as prescribed by the City and as amended from time to time by the
City and which are hereby incorporated by reference to and shall form part of
this Agreement as though the same were attached hereto;
“COMMENCE WORK NOTIFICATION” means written authorization from the
Manager, Urban Services/Suburban Services/Rural Services or his designate,
which outlines which external site works can proceed to construction, and under
what terms;
“COMPOSITE UTILITY PLAN” means a plan prepared by a
professional engineer licensed in the Province of Ontario which plan includes a
comprehensive compilation of public utility design information and street
furniture including underlying design details, such as roads and where
required, sidewalks;
“CONSTRUCTION LIEN ACT” means the Construction Lien Act,
R.S.O. 1990, c. C.30, as amended;
“COUNCIL” means the Council of the City;
“DEVELOPMENT CHARGES ACT” means the Development Charges Act,
1997, S.O. 1997, c. 27, as amended;
“CHIEF BUILDING OFFICIAL” means the senior officer of the
Building Code Services Branch of the City or his/her designate;
“TREASURER” means the senior officer of the Finance
Department of the City or his/her designate;
“GENERAL MANAGER, PLANNING AND GROWTH
MANGEMENT” means the
senior officer of the Planning and Growth Management Department of the City or
his/her designate;
“FENCE BY-LAW” means City of Ottawa By-law No. 2003
– 462, as amended or any successor by-law thereto;
“FINAL ACCEPTANCE” means the date on which the City
accepts all Works and obligations that are constructed, installed, supplied or
performed by the Owner pursuant to this Agreement and further referred to in
this Agreement;
“LANDSCAPE ARCHITECT” means a landscape architect in good
standing with the Ontario Association of Landscape Architects or the Canadian
Society of Landscape Architects;
“MAINTAIN” includes operate, repair, replace or
reinstate;
“MANAGEMENT
FEE” means the costs
related to administering and enforcing the conditions of this Agreement, as set
out in the Planning Fees By-law, in the event of a default by the Owner of this
Agreement.
“MUNICIPAL ACT” means the Municipal Act, 2001,
S.O. 2001, c. 25, as amended.
“MUNICIPAL ADDRESSING BY-LAW” means By-law No. 2005-322 of the City
of Ottawa, as amended or any successor by-law thereto;
“OWNER” or “OWNERS” includes the party of the First Part,
its heirs, executors, administrators, successors and assigns and agents thereof
or contractor or subcontractor carrying out the Works for or on behalf of the
Owner or Owners;
“PLAN” or “PLAN OF SUBDIVISION” or “SUBDIVISION” means the Plan of Subdivision
submitted by the Owner for approval and includes the lands described in
Schedule “A”;
“PLANNING ACT” means the Planning Act, R.S.O.
1990, c. P.13, as amended;
“PRELIMINARY APPROVAL” means the date on which the City is
satisfied that certain Works have been constructed, installed or performed to
the satisfaction of the City, as further referred to in this Agreement;
“PRIVATE ROADWAYS BY-LAW” means By-law No. 2002-521 of the City
of Ottawa, as amended or any successor by-law thereto;
“PROFESSIONAL ENGINEER” means a person who is granted a
license or a temporary license by Professional Engineers Ontario;
“ROAD” means any public road or part thereof,
any sight triangle, and any area of road widening shown or laid out on the Plan
of Subdivision. The use of “Street” or
“Public Highway” shall be synonymous with “Road”;
“UTILITIES”
includes gas, hydro, cablevision and/or telecommunications services. The singular “Utility” has a similar meaning;
“WORKS” includes installations, roads,
drainage and stormwater management facilities, structures and other related
activities, responsibilities and obligations listed in and required by this
Agreement.
2.1 Lands
The
lands to which this Agreement shall apply are those particularly described in
Schedule “A”.
2.2
Scope
of Works
The Owner shall construct and install all the
Works set out in Schedule “B” and as shown on the approved construction
drawings. The said Works shall be constructed
and completed at the Owner’s sole expense and in accordance with City
Specifications or Standards and by-laws.
The Owner shall, at its expense and to the satisfaction of the City,
arrange for the relocation of all existing infrastructure made necessary by the
construction of the Works in the Subdivision.
2.3
Municipal
Covenants
(a)
The
Owner covenants and agrees that the municipal covenants contained in Schedule
“D”, which form part of this Agreement, shall be registered separately by the
Owner against the title to the lots and blocks on the Plan of Subdivision as
restrictive covenants running with the lands, for the benefit of the lands in
the Subdivision.
(b)
The
Owner covenants and agrees that the restrictive covenants contained in Schedule
“D” hereto shall also be incorporated into all agreements of purchase and sale
for the whole or any part of a lot or block on the Plan of Subdivision.
2.4
Notices
to Purchasers
The
Owner covenants and agrees that the notices set out in Schedule “E” which forms
part of this Agreement shall be included in all agreements of purchase and sale
for the whole or any part of a lot or block on the Plan of Subdivision.
The
Owner shall have the purchaser sign an acknowledgement that he has been advised
of the above-noted information and that it may be subject to change.
2.5 Information for Sales Offices
2.5.1 The Owner shall display all of the plans and
documents listed below in a conspicuous place in all sales offices established
for the sale of buildings or lands within this Subdivision, and shall make
copies available to all purchasers prior to closing:
(a)
a
Zoning Map or Schedule displaying the
zoning, at the time of Draft Approval, of all lands within and adjacent
to the Subdivision;
(b)
a
print of the Approved Draft Plan of Subdivision and/or registered Plan of
Subdivision;
(c)
an
overall development plan for the area within which the subject Plan is
located. Future park sites within the
Plan shall be indicated on the Plan however the Owner agrees that no
information will be provided to purchasers regarding park facilities and
programming until Concept Plans are approved by the City of Ottawa to the
satisfaction of the General Manager of Planning and Growth Management. Any
vacant school sites reserved or purchased by a Board of Education on this Plan
shall be marked clearly as POSSIBLE SCHOOL/ALTERNATE USE;
(d)
a
print of the approved Composite Utility Plan;
(e)
a
print of the approved Landscaping Plan, where required as
a condition of approval
(f)
a
copy of the approved Tree and Forest Conservation Report, where required as a
condition of approval;
(g)
a
print of an overall plot plan, or equivalent, showing the following information
for each lot or block on the Plan:
-
the
approved Grading and Drainage Plan;
-
sidewalk
locations, if any; and
-
information
pertaining to the location of community mailboxes and streetlights, if
available; and
(h)
a
summary of the zoning and Official Plan designations in the vicinity of the
Subdivision, at the time of Draft approval, such summary to be to the
satisfaction of the General Manager, Planning and Growth Management.
2.5.2 The Owner shall ensure that all promotional
material, including any information posted on a website controlled by the
Owner, contains the information described in paragraph (a)
3. Engineering
Services
3.1
General
Obligations
3.1.1 The Owner shall prepare and furnish, at its
own cost, all plans, specifications, drawings, calculations, contours, or other
information pertaining to the Works, which may be required by the General
Manager, Planning and Growth Management.
3.1.2 The
Owner shall prepare and submit to the General Manager, Planning and Growth
Management estimates of the quantities and costs of the Works, and substantiate
same to the General Manager, Planning and Growth Management if requested. In all respects, the specifications used for
the Works shall be equivalent to or shall exceed City Specifications or
Standards and, in all cases, shall be acceptable to the General Manager,
Planning and Growth Management.
3.1.3 The
Owner shall employ Professional Engineers to furnish the above-noted plans,
supervise layout and construction, maintain records of construction and prepare
and supply As-Built plans, drawings and statistical inventory information as
detailed by City Specifications or Standards.
3.1.4 Prior
to the issuance of a Commence Work Notification, the Owner shall obtain such
permits as may be required from Municipal or Provincial authorities and shall
file copies thereof with the General Manager, Planning and Growth Management.
The Owner shall have competent
professional engineering inspection personnel on site at all times during the
period of construction to supervise the Works and the General
Manager, Planning and Growth Management shall have the right at all times
to inspect the installation of the Works. Should it be found, in the sole
opinion of the General Manager, Planning and Growth Management that such
personnel are not on site, are incompetent in the performance of their duties,
or that the said Works are not being carried out in accordance with approved
plans or City Specifications or Standards and in accordance with good
engineering practice, the General Manager, Planning and Growth Management may
order all Works in the Subdivision to be stopped, altered, retested, or changed
to the satisfaction of the General Manager, Planning and Growth Management. The
General Manager, Planning and Growth Management may provide site inspection
staff if, in the opinion of the General Manager, Planning and Growth
Management, inadequate consultant engineering staff are on site during
construction, at the sole expense of the Owner.
3.3 Testing
of Works
3.3.1 The General Manager, Planning and Growth
Management may, at his sole discretion and at the sole expense of the Owner,
have any tests performed, and the cost of such tests shall be paid by the Owner
within thirty (30) days of the account being rendered by the City. Nothing herein shall relieve the Owner of its
responsibility to carry out any tests required by good engineering practice and
City Specifications or Standards.
3.3.2 The
Owner shall be required to pay to the City, by cash or certified cheque, all
costs related to all quantitative testing, data collection and other required
tests undertaken by the City as detailed by City Specifications or Standards
together with the Management Fee. The
initial network testing shall be administered by the City and completed during
the maintenance period.
3.4 Update
of Studies and Reports
The
Owner acknowledges and agrees that all reports and/or studies required as a
result of the approval of the Plan of Subdivision or as required by this
Agreement shall be implemented to the satisfaction of the City at the sole
expense of the Owner. The City may
require certification by the Owner’s professional consultants that the Works
have been designed and constructed in accordance with the approved reports,
studies, standards, specifications and plans.
The Owner acknowledges and agrees that all deviations from the approved
plans shall be approved by the General Manager, Planning and Growth Management
prior to the implementation of such changes and that, if required, the Owner
shall amend any reports, studies or plans relating to the changed Works, at the
discretion of and to the satisfaction of the General Manager, Planning and
Growth Management. Upon completion of
the Works, the Owner’s consultants shall prepare and submit As-Built plans in a
form acceptable to the General Manager, Planning and Growth Management
4. CONSTRUCTION
REQUIREMENTS - GENERAL
4.1
Ministry
of the Environment Certification
The
Owner covenants and agrees not to commence any work on the construction of the
Works until it has received both the Ministry of the Environment Certificate of
Approval, where applicable and a Notification to Commence Work issued by the
City. No Works shall proceed before
receiving Commence Work Notification.
4.2 Schedule of Works
Unless otherwise approved by the General Manager,
Planning and Growth Management, the Owner agrees that:
(a) Construction of Granular road base,
ditches and culverts may commence following issuance of a Commence Work
Notification and shall be completed no later than six (6) months after
commencement of such construction;
(b) Base course asphalt shall be
constructed within six (6) months of the completion of the granular road base;
(d) Wear course asphalt shall not be
installed any earlier than one (1) year from the time of Preliminary Approval
of the base course asphalt or until such time as fifty percent (50%) of the
lots fronting onto the Road have been developed;.
(e) Under-pavement ducts shall be
installed prior to placement of wear course asphalt or installed by trenchless
methods for utilities;
(f) Street lights shall be installed and
operational within twelve (12) months of base course asphalt. Once installed, the new street lighting shall
be energized within thirty (30) days;
(g) All temporary regulatory traffic
signage shall be provided and installed by the Owner prior to the commencement
of any building or the erection of any structure in accordance with City
Specifications or Standards;
(h) All permanent regulatory traffic
signage shall be installed by the City prior to Final Acceptance of the
Subdivision and in accordance with City Specifications or Standards, to the
satisfaction the General Manager, Planning and Growth Management;
(i)
All
temporary street name signs) shall be provided and installed by the Owner prior
to commencement of any building or the erection of any structure in accordance
with the Private Roadways By-law for private roads and in accordance with the
Municipal Addressing By-law for Roads;
(j)
During
construction, and for the duration of construction and prior to occupancy of
any buildings, or part thereof, in the Subdivision, the Owner shall provide and
erect or affix, at its expense, temporary municipal number signs, including
blade signs (911 signs) in such locations and of such size, design and colour
in accordance with the Private Roadways By-law for private roads, and in
accordance with the Municipal Addressing By-law for Roads;
(k) Immediately prior to occupancy of any
buildings or part thereof in the Subdivision, the Owner shall erect or affix,
at its expense, permanent municipal number signs, including blade signs (911
signs) in such locations and of such size, design and colour in accordance with
the Private Roadways By-law for private roads, and in accordance with the
Municipal Addressing By-law for Roads;
(l)
Walkways
and pathways shall be constructed no later than such time as fifty percent
(50%) of the lots in the Subdivision have been developed;
(m) Walkways and pathways connecting to
park and/or school blocks shall be constructed by the Owner in conjunction with
the development of the park and/or school;
(n) Boulevard sodding and/or seeding and
tree planting associated with any lot or block shall be completed as soon after
occupancy as possible for a single or double unit, or as soon as one unit of a
multiple unit building is occupied. The
lot grading work shall be completed up to the minimum underside of topsoil
elevations on the lot or block prior to occupancy;
(o) Landscape buffer/screening shall be
constructed prior to occupancy of a unit situated on the lot or block abutting
the Road where buffers/screening are required.
Noise barriers, if required shall be fully constructed upon occupancy of
10% of the adjacent lots/blocks;
(p) Notwithstanding the provisions of this
Agreement with respect to time of completion of certain portions of the Works,
it is understood that the time limits shall all read “weather permitting”. The General Manager, Planning and Growth
Management shall be the sole authority as to the determination of weather
conditions negatively impacting the time to complete the Works, and additional
time, if any, required to complete the Works;
(q) The General Manager, Planning and
Growth Management may apply the most current City Specifications or Standards
to all Works not completed within five years of the date of registration of
this Agreement.
4.3
Protection
of Public Lands
4.3.1 The Owner shall neither deposit, nor permit
to be deposited, fill, snow, debris, building materials, granulars, excavated
materials, topsoil or construction equipment nor allow vehicle access for any
purpose on public lands of the Subdivision.
Furthermore, the Owner shall neither remove nor permit to be removed,
any fill, top soil, trees, vegetation or shrubs from the said public lands,
other than Roads, without the prior consent of the General Manager, Planning
and Growth Management.
4.3.2 The Owner shall cause the lands transferred
to the City for park purposes, as set out in Schedule “G”, to be
identified by permanent markers and, if required, temporary markers at the
Owner’s expense. The Owner shall install
and maintain temporary fencing adjacent to the lands to be transferred to the
City for park purposes. The markers and temporary
fencing shall be of a type and placed in such locations and at such times as
are satisfactory to the General Manager, Planning and Growth Management.
4.3.3. The Owner shall install and maintain temporary
snow fencing adjacent to any existing parks, open space (such as ravines or
environmental areas) to the satisfaction of the General Manager, Planning and
Growth Management. The temporary fencing
shall be of a type and placed in such locations and at such times as are
satisfactory to the General Manager, Planning and Growth Management.
4.3.4 With respect to dumping by local residents,
the City shall make a reasonable effort in conjunction with the Owner to
restrain local residents from using public lands as a debris depository. The Owner, at its expense, shall install “No
Dumping” signs, in accordance with municipal by-laws, on public lands to the
satisfaction of the General Manager, Planning and Growth Management. All derelict vehicles and other debris shall
be removed by the Owner from all natural open spaces such as existing ravines
or constraint lands prior to Final Acceptance.
4.3.5 In the event that topsoil has been removed
from public lands prior to the date of this Agreement, or is hereafter removed
in contravention of this Agreement, the Owner shall provide to the site,
without charge, sufficient topsoil of a quality acceptable to the General
Manager, Planning and Growth Management to provide cover for the site to a
depth specified by the City, and the Owner shall level and grade such topsoil
as required by the City.
4.3.6 Trees or shrubs which have been, or are
hereafter removed from the parkland site in contravention of this Agreement
shall, at the City’s option, be replaced by the City at the expense of the
Owner with nursery stock of a variety and quality equivalent to or better than
the trees and/or shrubs removed.
4.4. Inspection
of Works
Employees or agents of the City shall
have the right at all times to free and uninterrupted access to any and all
parts of the Subdivision for the purpose of inspection of the installation of
the Works including the taking of samples of materials used in the Works being
installed, constructed, reinstated or maintained. Such entry shall not be deemed to be a
trespass, nor a Final Acceptance of any of the said Works by the City, nor an
assumption by the City of any liability in connection therewith, nor a release
of the Owner from any of its obligations under this Agreement.
4.5.
Preliminary Approval of Works
4.5.1 The
Owner may apply to the General Manager, Planning and Growth Management for
Preliminary Approval of the Works upon the completion, in accordance with the
specifications, of
i.
any
major section of Works as itemized in Schedule “B”; or
ii.
a
portion of any section as agreed to by the General Manager, Planning and Growth
Management.
Such application for Preliminary
Approval shall require the preparation of such Works for inspection, which
preparation shall include testing in accordance with City Specifications or
Standards.
Major sections of Works for the
purpose of this subsection shall be
i. all surface Works such as roadways,
culverts, landscaping, grading, and streetlights being completed, tested and
useable.
4.5.2 As
soon as possible after the receipt of an application for Preliminary Approval
of any Works, the City shall cause the Works to be inspected, and the General
Manager, Planning and Growth Management shall either furnish the Owner with a
list of the deficiencies, if any, for the Works, or shall give the Works
Preliminary Approval in writing. If the
General Manager, Planning and Growth Management furnishes the Owner with a list
of deficiencies for the Works, the Owner shall correct those deficiencies and
the City shall only give the Works Preliminary Approval upon being satisfied
that those deficiencies have been corrected.
4.5.3 If
the City has not given Preliminary Approval and has not provided the Owner with
a list of deficiencies within sixty (60) days of application for Preliminary
Approval, the Works for which Preliminary Approval was applied shall be deemed
to have received Preliminary Approval.
4.5.4 If
the City has provided the Owner with a list of deficiencies for any Works (the
first deficiency list), the Owner shall correct those deficiencies and notify
the City when those deficiencies are being corrected so the City may be in
attendance. The Owner may then re-apply to
the City for Preliminary Approval of the Works.
As soon as possible after the receipt of a re-application for
Preliminary Approval of the Works, the City shall cause the Works to be
inspected and shall again provide the Owner with a subsequent list of deficiencies,
if any, for the Works, or shall give the Works Preliminary Approval. If the City again provides the Owner with a
list of deficiencies for the Works (the second deficiency list), the Owner
shall correct those deficiencies for the Works and notify the City when those
deficiencies are to be corrected in order that the City may be in attendance,
and the City shall give the Works Preliminary Approval only upon being finally
satisfied that all deficiencies have been corrected.
4.5.5 If
the Owner has re-applied for Preliminary Approval and the City has not given
such Preliminary Approval and has also not provided the Owner with a list of
deficiencies within forty (40) days of the re-application for Preliminary
Approval, the Works for which Preliminary Approval was applied shall be deemed
to have received Preliminary Approval. Upon the Preliminary Approval of any
Works and subject to Schedule “F”, paragraph 5, the City shall authorize the
reduction of any security for those Works given in accordance with Schedule
“F”, Section 5 of this Agreement.
4.5.6 Preliminary
approval shall not release the Owner from any obligation or constitute Final
Acceptance of any work.
4.6. Maintenance of Works
The Owner shall maintain all Works
installed pursuant to this Agreement until Final Acceptance is given;
(a) Maintain vacant land within the Plan
of Subdivision in a condition acceptable to the General Manager, Planning and
Growth Management;
(b) Respond to any flooding occurring
throughout the Subdivision and provide the necessary Works required to
alleviate the flooding; and
(c) Reinstate any faulty workmanship or
materials or any damage to the Works done by the Owner or persons claiming
title from the Owner during the construction of Works or buildings on the lands
which faulty workmanship, materials or damages may appear prior to Final
Acceptance.
4.7. Final Acceptance of Works
4.7.1 Subject
to the provisions of this subsection, the Owner may apply for Final Acceptance
of Works upon the expiry of the one-year warranty period, which warranty period
commences from the date of Preliminary Approval of the Works.
4.7.2 Before
applying for Final Acceptance of Works, the Owner shall furnish the City with
the following documents:
(i)
the
most current As-Built drawings, engineering statistical information, test
results, documents as indicated in the City Specifications or Standards, and
evidence that benchmarks have been provided on the site to control elevations
and that said benchmarks are based on geodetic datum;
(ii) a certificate by an Ontario Land
Surveyor stating that all Standard Iron Bars have been found or re-established
in accordance with the registered Plan;
(iii) a statutory declaration that all
accounts for Works, services and materials supplied have been paid, except any
construction lien or any other contractual or statutory holdbacks, and that
there are no claims or liens in connection with such Works, services or
materials supplied for or on behalf of the Owner; and
(iv) written confirmation from a
construction trade newspaper, as defined by the Construction Lien Act,
that a copy of a Certificate of Substantial Performance of the Works has been
published in accordance with the requirement of that Act.
4.7.3 Not
later than thirty (30) days after the receipt of an application for Final
Acceptance of Works, the City shall cause the Works to be inspected or, if such
inspection requires the use of special staff or equipment, shall arrange for an
inspection as soon as reasonably practical.
Promptly after the completion of the inspection, the City shall furnish
the Owner with a list of deficiencies, if any, for the Works or Final
Acceptance of the Works. If the City
furnishes the Owner with a list of deficiencies for the Works, the Owner shall
correct those deficiencies and notify the City when those deficiencies are to
be corrected so that the City may be in attendance. Upon the rectification of the deficiencies,
the Owner may make application to the City for Final Acceptance of the Works.
4.7.4 When
the City is satisfied that all deficiencies have been corrected in accordance
with this Agreement, that all City accounts have been paid, and that all
financial requirements as herein provided have been met, the City shall provide
Final Acceptance of the Works.
4.7.5 Upon
the issuance of a Certificate of Final Acceptance of the Works, the ownership
of the Works shall vest in the City.
4.7.6 Forthwith
after the Final Acceptance of Works, the City shall authorize the release of
security for the Works.
4.8.
Remedy
for Default of Works
4.8.1 If,
in the opinion of the General Manager, Planning and Growth Management;
(a) the Owner fails to install any Works
within the time specified in Subsection 3.2 or at such later time as has been
requested by the Owner and approved by the General Manager, Planning and Growth
Management in writing;
(b) the Owner, having commenced to install
Works, fails to proceed with reasonable speed or fails to install the Works in
accordance with the terms of this Agreement;
(c) the Owner executes the Works
carelessly or in bad faith, or installs the Works in a faulty manner;
(d) the Owner neglects or fails to remedy,
renew or re- perform any Works rejected
by the General Manager, Planning and Growth Management as being or having become defective or
unsuitable;
(e) the Owner fails to carry out any
maintenance required under this Agreement; or
(f) the Owner defaults in any manner in
the performance of any of the terms of this Agreement,
the
General Manager, Planning and Growth Management
shall promptly notify the Owner in writing, of such default, failure,
delay or neglect, and if such default, failure, delay or neglect not be
rectified at the end of five (5) days after such notice, the General Manager,
Planning and Growth Management shall have
full authority and power to purchase such materials, tools and machinery and to
employ such workers as in its opinion are
required for the proper completion of the Works at the cost of the Owner
or its surety, or both. The General
Manager, Planning and Growth Management, shall be the sole authority as to the
extent of the Works required to be completed.
If in the opinion of the General Manager, Planning and Growth Management the default, failure, delay or neglect constitutes an
emergency situation, the City may complete the Works without prior notice to
the Owner.
4.8.2 If
the City enters the Subdivision for any purpose without notice in the event of
an emergency, it shall give written notice to the Owner as soon as it is
practical to do so. The cost of such
Works shall be calculated by the General Manager, Planning and Growth
Management, whose decision shall be final and shall include a Management Fee to
be paid to the City as a result of the default, failure, delay or neglect on
the part of the Owner. It is
acknowledged and agreed that the assumption by the Owner of the obligations set
out in this Clause is a consideration without which the City would not have
executed this Agreement. The Owner shall
pay the cost of the Works forthwith and the Management Fee upon demand by the
City. Nothing in this clause shall
require the City to carry out any such Works or maintenance whatsoever. Any entry by the City upon the Subdivision
for purposes of this Clause shall not constitute a Final Acceptance of any
Works by the City. The General Manager, Planning and Growth Management shall be
the sole authority as to what constitutes an emergency and what actions are
required to mitigate, eliminate or avoid existing or possible damages to the
City.
4.8.3 If
the Owner is delayed at any time in completing the Works in accordance with the
time specified in this Agreement by labour disputes, strikes, lock-outs, fire,
or, without limit to the foregoing, any cause beyond the control of the Owner,
the Owner may apply in writing to the General Manager, Planning and Growth
Management for consent to extend the time for completing the Works without
forfeiting any related security and the General Manager, Planning and Growth
Management shall not unreasonably withhold consent.
5.1
Drainage and Stormwater Management
Facilities
The Owner shall construct drainage and stormwater management facilities to service the lands in the Subdivision according to the design and City Specifications or Standards. The Owner shall maintain such drainage and stormwater management facilities including clearing of any blockages until Final Acceptance is granted by the City. The construction and installation of such drainage and stormwater management facilities shall be subject to the approval of the General Manager, Planning and Growth Management. The drainage and stormwater management facilities shall be connected to an outlet according to the approved designs. The drainage and stormwater management facilities shall be of sufficient size and depth and at locations within the limits of the Subdivision, or on adjacent road allowances, to service lands outside the Subdivision which lands will, in the opinion of the General Manager, Planning and Growth Management require the use of the Subdivision drainage and stormwater management facilities as primary outlets.
5.2 Well Requirements
5.2.1 The
Owner agrees that all well construction, including test wells, shall be in
accordance with the recommendations of the approved Hydrogeological and
Terrains Analysis Report, and that certification by a Professional Engineer or
Professional Geoscientist will be provided to the appropriate Conservation
Authority. To indicate satisfaction, the
Owner must also obtain a well certificate from the appropriate Conservation
Authority. The Owner shall advise all
prospective lot purchasers, in the agreements of purchase and sale and in the
Deed(s), of these certification requirements.
5.2.2 The
Owner shall provide a dedicated monitoring well, at no cost to the City, and to
which the City will have unlimited access by way of a permanent easement
dedication, to monitor groundwater conditions. Where the subdivision has a
number of phases one monitoring well may be required for each phase of
development. The aforementioned easement
shall be to the satisfaction of the City Solicitor and the General Manager,
Planning and Growth Management.
5.2.3 The
Owner agrees that existing wells on the site, including test wells that shall
not be utilized for potable water supply or monitoring in the future, shall be
abandoned in accordance with well regulations (Ontario Water Resources Act, R.R.O.
1990, Regulation 903, and any subsequent amendments) at no cost to the City.
A certificate of compliance shall be provided in this regard.
6. Utilities
6.1 Distribution Agreement
The Owner shall enter into a
distribution agreement with the appropriate Utility providers for the
installation of services to the Subdivision, and for the provision of easements
with respect to such installations, at no expense to the City, and in
accordance with the terms, conditions and specifications laid down by the City
and the Utility providers.
6.2 Telecommunication Carriers and Distribution Undertakings
("Telecoms") ‑ Occupation of Streets
The
Owner shall by written notice, provide those Telecoms which are regulated by
the Canadian Radio-television and Telecommunications Commission, and which are
permitted by Agreement with the City to use and occupy Streets, the opportunity
to install, repair and maintain equipment in a common Telecom trench within all
proposed road allowances, and up to but not interfacing with or connecting to,
individual dwelling or commercial building units. A list of Streets will be
provided to the Owner by the City.
6.3 Final
Grading of Streets
The Owner shall
grade all streets to final elevation prior to the installation of Utilities,
and provide the necessary field survey information for the installation of
Utilities, to the satisfaction of the appropriate Utility provider and to the
City.
6.4 Composite Utility Plan
6.4.1 The Owner shall coordinate the preparation of
an overall Composite Utility Plan showing the location, installation, timing,
and phasing of all required Utilities through liaison with the appropriate
Utility providers. In addition the plan
will include all of the information required in accordance with the City of
Ottawa Procedure for Composite Utility Plan Subdivision Applications, dated
January 19, 2005, and amended from time to time.
6.5 Relocation
of Utilities
The Owner covenants and agrees to
pay all costs associated with the relocation or removal of any existing on-site
or adjacent Utility facility to the satisfaction of the appropriate Utility
provider, where the relocation or removal is required as a direct result of
this Subdivision.
6.6 Easements
and Maintenance Agreements for Utilities
All easements and
maintenance agreements required for Utilities shall be provided and agreed to
by the Owner, to the satisfaction of the appropriate Utility provider and the
Owner shall ensure that the required easement documents are registered on title
immediately following registration of the final Plan and the affected agencies
are duly notified.
7. Roads
7.1 Construction
The Owner
shall construct the Roads in the Subdivision in accordance with approved
drawings and reports and to City Standards and Specifications. The Owner shall, where required by the General Manager, Planning and Growth Management,
construct and maintain a minimum of two separate and distinct accesses to the
Subdivision for the access and egress of emergency vehicles, and for the
purpose of construction of services and buildings. One of the access/egresses may be a temporary
access constructed to the satisfaction of the General Manager, Planning and Growth Management.
7.2 Maintenance during Construction
The Owner
shall maintain all Roads within and adjoining the Subdivision in a condition of
cleanliness (i.e.: free of dust, mud and other construction debris), and shall
provide Road maintenance within the Subdivision in a manner that is acceptable
to the General Manager, Planning and Growth Management, and which allows access
for all residents as well as for City services (i.e.: garbage collection and
fire fighting). Should the Owner in any
manner, in the opinion of the General Manager, Planning and Growth Management be in default, the Owner shall be notified orally
(written confirmation to follow), of such default, failure, delay or neglect,
and if action to correct the failure, delay or neglect has not been taken
within twenty-four (24) hours after such notice, the General Manager, Planning
and Growth Management shall have full authority and power to carry out the
necessary Works at the cost and expense of the Owner. The cost and expense of
such Works shall be calculated in accordance with Schedule “F” and shall
include the Management Fee.
7.3 Base Course Asphalt Maintenance
Unless the
City agrees otherwise in writing, the Owner will maintain the base course
asphalt roads for at least one winter and one spring season following
completion and until the base course asphalt of said Roads has received
Preliminary Approval from the City.
7.4 Inspection
Upon expiration of the period identified in
7.3, the General Manager, Planning and Growth Management will inspect the Roads
and advise the Owner in writing of all deficiencies concerning the Roads. The Owner shall correct the deficiencies, the
General Manager, Planning and Growth Management will re-inspect the said Roads
and if the deficiencies have been corrected to the satisfaction of the General
Manager, Planning and Growth Management the General Manager, Planning and
Growth Management will authorize the Owner to install the wear asphalt
surfacing. The installation of the said
asphalt shall be completed within twelve months from the date of said
authorization.
7.5 Maintenance
The Owner
covenants and agrees to maintain the Roads in accordance with this Agreement.
7.6 Construction Access
The
General Manager, Planning and Growth Management may designate points of access
for construction vehicles to the Subdivision during the period of construction
of Works and buildings. The City may
require the Owner to erect, at the Owner’s expense and at locations determined
by the City, barricades to prevent the construction vehicles from using roads
other than designated roads.
7.7 Damage to Roads
Where any Road has
been used for the provision of access to a construction site and has been
damaged as a result of such use, the Owner shall restore or reconstruct the
Road to its former state as directed by and to the satisfaction of the General
Manager, Planning and Growth Management, at the Owner’s sole expense.
7.8 Snow Removal
The Owner shall make
written request to the General Manager, Planning and Growth Management, for
snow removal services to be provided by the City on specified Streets and if
applicable, sidewalks after the Streets and any required sidewalks have been
constructed to an acceptable condition and after occupancy of dwelling units.
7.9 Construction Traffic
The Owner, insofar as
the construction traffic arising from the Works in the Subdivision is
concerned, shall regulate and enforce temporary access routes, and when
possible shall not permit any previously accepted residential Streets adjacent
to the Subdivision to be used by construction vehicles.
7.10 Reserves
The Owner shall block
off all reserves across Road allowances separating this Subdivision from
adjoining built up areas, to the satisfaction of the General Manager, Planning
and Growth Management.
7.11 Parking
The Owner shall
provide adequate parking facilities, adjacent to the access Road, for
construction personnel employed on the site to park their vehicles during
working hours.
7.12 Off-Site Works
Where Works are
performed on existing Roads outside the Plan of Subdivision, such Roads shall
be reinstated to the satisfaction of the General Manager, Planning and Growth
Management.
8. WINTER PREPARATION OF ROADS
8.1 Condition of Roads
Where snow plowing is
to be provided by the City, on or before the 15th day of October each year, the
Owner shall, at its expense, ensure that the Roads within the Subdivision are
in a condition satisfactory to the City. This requirement includes the removal
of all obstructions within the Road allowance to prevent damage to snow removal
equipment or personnel, all to the satisfaction of the General Manager,
Planning and Growth Management.
8.2 Damage to City Equipment
The Owner shall be
responsible for all damages sustained by the City’s snow removal equipment and
personnel until Final Acceptance of the Roads, except such damage as may be
cause by the negligent acts of the City, its contractors, servants and agents.
9. OTHER CONSTRUCTION REQUIREMENTS
9.1 Curbs and Sidewalks
9.2
If
required, the Owner shall construct curbs, sidewalks and pathways in accordance
with City Specifications or Standards. Walkways
The Owner shall
construct the pedestrian walkways as specified in Schedule “G” in accordance
with City Specifications or Standards, and shall provide and place No. 1
Nursery sod and topsoil, or seed and topsoil over and along the width and
length of the area” not covered by the walkway.
9.3 Street and Pathway Block Lighting
Where required, the
Owner shall construct and install Street Lighting within the lands contained in
the Subdivision. Street Light locations
are to be shown on the Composite Utility Plan.
The Street Lighting shall be in accordance with the City’s Right Of Way
Lighting Policy and associated Street Light Engineering Specifications or
Standards. All required street lighting to be installed and functional prior to
any occupancy within the Subdivision.
9.4 Pavement
Markings
The City shall
install all permanent pavement markings that may be required within the
Subdivision, or related to the subdivision, at the cost of the Owner.
The Owner shall
provide for, install and maintain, at its expense, all temporary pavement
markings.
9.5 Street
Name Signs and Regulatory Traffic Signage for Private Roads
(a)
The Owner shall provide for, install and
maintain, at its expense, all temporary and permanent street name signs, in
accordance with the Private Roadways By-law, and regulatory traffic signage for
any private road within the Subdivision.
(b)
Permanent street name signage shall be
installed in accordance with the Private Roadways By-law, and in accordance
with City Specifications or Standards.
9.6 Street
Name Signs and Regulatory Traffic Signage and Pavement Markings for Public
Roads
9.6.1
The
Owner shall provide for, install and maintain, at its expense, all temporary
street names signs, in accordance with the Municipal Addressing By-law, and
regulatory traffic signage for any Road within the Subdivision.
9.6.2
The
City shall provide all permanent street signs at the Owner’s expense.
9.6.3
Permanent
street name signage (highway name) shall be installed by the City at the Owner’s
expense, in accordance with the Municipal Addressing By-law and City
Specifications or Standards.
10. FENCING
10.1 Construction
The Owner
shall construct privacy/security fencing as outlined in Schedule “H” and in
accordance with City Specifications or Standards. All privacy/security fencing shall also be
constructed immediately following final grading of the lots, unless otherwise
approved by the General Manager, Planning and Growth Management, and in accordance
with good construction practices as determined by the General Manager, Planning
and Growth Management
11. Noise
Attenuation Measures
11.1 Implementation
Where a
noise study is required, the Owner shall implement all specific noise control
measures recommended in the approved study, as may be amended from time to
time, and any other measures recommended by the City including, as applicable,
the City’s Standards for Noise Barriers and Environmental Noise Control
Guidelines, as may be amended from time to time. The Owner shall provide certification
to the General Manager, Planning and Growth Management through a Professional
Engineer, that the noise control measures have been implemented in accordance
with the approved study.
12.1 Construction
The Owner
shall construct all Works necessary to provide proper drainage of all lands
included in the Subdivision, and any adjacent lands that drain through the
Subdivision, and including any Works necessary for drainage to an outlet
outside the Subdivision, all in accordance with the approved Grading and
Drainage Plan.
12.2 Amendments to Plan
The
Drainage and Grading Plan may be amended by the Professional Engineer on behalf
of the Owner, from time to time, upon receiving written approval from the
General Manager, Planning and Growth Management. The Owner shall, at its own expense, maintain
sufficient interim drainage and outlets to provide adequate drainage until the
Works have been constructed and accepted by the City. This shall include the installation and
removal of culverts, siltation measures, and erosion protection, as required by
the General Manager, Planning and Growth Management.
12.3 No Interference
The Owner
shall not interfere with any existing drain or water course, without written
permission of the General Manager, Planning and Growth Management. Such
permission by the General Manager, Planning and Growth Management shall be
provided through the approval of the plans of the Works. Granting such permission shall not relieve
the Owner of responsibility for any damage caused by such interference and the
Owner shall indemnify the City against any claims against the City relating to
such damage, provided that the City will give to the Owner, at the expense of
the Owner, an opportunity to defend any such claim.
13.1 Provision of Measures
The Owner
shall provide any storm water management control measures required to prevent
adverse effects on the environment or existing municipal infrastructure due to
storm water runoff for both minor and major rainfall events in relation to both
water quality and quantity. All interim
or permanent measures shall be in accordance with the requirements as
established in all applicable environmental management plans, storm water plans
and reports as approved by the City. The
measures undertaken shall be in accordance with current provincial legislation
and City Specifications or Standards.
13.2 Maintenance
The Owner
agrees to undertake and maintain erosion and sediment controls, during all
stages of site preparation and construction in accordance with the Guidelines
for Erosion and Sediment Control for Urban Construction Sites (Government of
Ontario 1987), other applicable Federal and Provincial regulations and City
Specifications or Standards.
13.3 Certification
The Owner
agrees to provide the City with written confirmation by way of certification
from the Owner’s Professional Engineer, that all required storm water Works
have been implemented in accordance with the recommendations of the Approved
plans and reports.
14. Landscaping
14.1 Construction
Where
applicable, the Owner shall provide landscaping Works in accordance with the Streetscaping
Landscape Plan prepared by the Owner’s Landscape Architect and approved by the
General Manager, Planning and Growth Management.
14.2 Sod and Topsoil/Seed and Topsoil
If
required, the Owner shall provide and place No. 1 Nursery sod and topsoil, or
seed and topsoil in accordance with the approved Landscape Plan and Grading
Plan.
14.3 Certification
Where additional planting is required the
Landscape Architect shall submit a landscape certificate to confirm that the
approved trees and shrubs have been planted, and a completion landscape
certificate to confirm all planted stock is healthy at the Final Acceptance
date.
15. Park and Open Space
Development
15.1 Design and Development
The Owner
acknowledges and agrees that the City will design and develop the parkland and
open space and that such development of the parkland and open space is subject
to a yearly budgetary review and approval process by City Council. Subject to the approval of Council, the Owner
may design and develop the parkland and open space in accordance with City
Specifications or Standards, subject to entering into a front ending agreement
with the City.
15.2 Cash-in-Lieu
In
accordance with the provisions of section 51.1 of the Planning Act, the Owner
shall convey land to the City for park or other public recreation purposes, or
pay cash-in-lieu of parkland to the City in the amount specified in Schedule
“C”.
15.3 Parkland and Open Space Servicing
The Owner
shall provide, at its expense, required Utility and culvert entrance to the
inside of the lot line of each designated park and open space in accordance
with City Specifications or Standards and as determined by the General Manager,
Planning and Growth Management. The Works shall be carried out to the
satisfaction of the General Manager, Planning and Growth Management.
16. Canada
Post
16.1 Community Mail Boxes
The Owner
shall satisfy the requirements of the Canada Post Corporation and the City
regarding the location and construction of community mailboxes and related
works as may be set out in Schedule “H” hereto and shall provide such notices
to purchasers as may be set out in Schedule “E” hereto.
17. Building
and Zoning Restrictions
17.1 General Requirements – Building Permits
The Owner
shall not demand that the City issue, nor shall anyone claiming title from the
Owner or under its authority, demand that the City issue, one or more building
permits to construct any building or other structure on any lot or block in the
Subdivision until:
(a)
The
Roads in the Subdivision that abut the lots for which a building permit for a
building or structure on the lots has been applied for have been connected to a
Street;
(b)
Access
for firefighting equipment has been provided to each building by means of a
Street or private roadway, which Street or private roadway shall be designated
and posted to the satisfaction of the General Manager, Planning and Growth
Management and Fire Chief;
(c)
The
access route has been surfaced with concrete, asphalt, or granular “A” base
capable of permitting accessibility under all climatic conditions, and it has a
clear width of six (6) metres at all times and is continuously maintained so as
to be immediately ready for use by the City’s emergency vehicles or any other
vehicles in the event of an emergency;
(d)
The
City has approved, where applicable, a site plan, a grading plan, a composite
utility plan and a design plan for the proposed building or structure;
(e)
The
Owner, as applicant for a building permit, has met all the requirements set out
in the Building Code Act and Building Code; and
(f)
Road
connections have been made so that snowplow turning and garbage collection can
be undertaken to the satisfaction of the General Manager, Planning and Growth
Management.
17.2 Occupancy Requirements
17.2.1 No building shall be occupied on any lot in the
Subdivision, nor shall the Owner allow such building to be occupied until the
minimum requirements for occupancy set out in the Ontario Building Code have
been met, and until all requirements with respect to the Road base course and
first lift of asphalt on which such lot fronts have been carried out and have
received Preliminary Approval by the General Manager, Planning and Growth
Management and such Road has been connected by Roads, which are, at least, at a
similar stage of completion, to the overall City Road network and until the
whole or such portion of the mass earth moving or general grading as the
General Manager, Planning and Growth Management deems necessary has been
completed and approved.
17.2.2 Notwithstanding
the non-completion of the foregoing Works, occupancy of building may otherwise
be permitted if such occupancy is permitted by the Chief Building Official, and
if in the sole opinion of the General Manager, Planning and Growth Management,
the aforesaid Works are proceeding satisfactorily toward completion. The consent of the General Manager, Planning
and Growth Management for such conveyance and/or occupancy shall be provided in
writing to the Owner.
17.3 Construction/Sales Offices
17.3.1 The Owner shall notify all prospective builders
that the City requires all locations of construction and sales offices to be
approved in advance of their installation so as to ensure that the locations
will not conflict with the traffic on the Road and that adequate parking
facilities are provided. Such locations and parking shall be to the
satisfaction of the General Manager, Planning and Growth Management.
17.3.2 If the Owner is permitted by the City to
construct a model show home, the Owner shall provide adequate off street
parking to the satisfaction of the General Manager, Planning and Growth
Management. The plans for such off
street parking shall be delivered to and approved by the General Manager,
Planning and Growth Management prior to the model home being used for showing
to the public.
17.4 Driveway Locations
No
driveway may be located within 1.0m of any Utility pedestal, transformer or
street light pole.
17.5 Maintenance of Vacant Lots and Blocks
The Owner
agrees to maintain all vacant lots and blocks in the Subdivision, for which
building permits have not been issued, in a neat and orderly condition, to the
satisfaction of the General Manager, Planning and Growth Management. The maintenance of all lots, blocks and areas
may include, but not be limited to, leveling, grading for the provision of
proper drainage and the prevention of accumulation of standing water, all in
accordance with approved grading plan, the cutting of grass, and the removal of
noxious weeds, all to the satisfaction of the General Manager, Planning and
Growth Management.
18. Legal Requirements
18.1 Registration of Plans and Documents
Prior to
the conveyance of any lot or block on the Plan of Subdivision to which this
Agreement applies, the Owner agrees to register the following documents at its
expense:
(a)
This
Subdivision Agreement;
(b)
The
transfer of Road widenings, parkland, walkways and 0.3 metre reserves as set
out in Schedule “G” hereof;
(c)
The
Transfer of Easements for public utility purposes and for drainage purposes as
set out in Schedule “G” hereof; and
(d)
A
Notice of Agreement with respect to any covenant agreement or agreements which
may be required.
18.2 Inhibiting Order
The Owner
further covenants and agrees to register with the Plan, if required, at the
Owner’s cost, a certificate issued by the City listing the following documents
and requesting the Land Registrar to issue an Inhibiting Order prohibiting any
other land transactions pertaining to the said land until such time as those
documents have been registered to the satisfaction of the City:
(a)
This
Subdivision Agreement;
(b)
Transfer
of easements;
(c)
Transfer
of lands to the City;
(d)
Transfer
of reserves to the City;
(e)
A
Notice of Agreement with respect to a Covenant Agreement, if required by the
City; and
(f)
Such
other documents as required by the City.
18.3 Encumbrancers’ Consent and
Subordination/Postponement
The Owner
acknowledges and agrees that any and all encumbrancers, including but not
limited to any Chargees, to the extent of their interest in the lands owned by
the Owner and legally described in Schedule “A” attached hereto,
(i).
shall consent to and agree to the provisions
and conditions herein contained and shall subordinate and
(ii).
postpone any and all right, title and
interest in the lands owned by the Owner described in Schedule “A” attached
hereto to the City for themselves and their heirs, executors, administrators,
successors and assigns;
The
encumbrancers shall enter into and execute a Subordination / Postponement
Agreement and consent to the registration of same against the title to the
Owner’s lands described in Schedule “A” attached hereto, the said agreement to
be in a form acceptable to the Deputy City Clerk, Legal Services Branch in the
said Deputy City Clerk, Legal Services’ sole discretion. The cost of the preparation and registration
of the said Subordination / Postponement Agreement shall be the sole responsibility
of the Owner.
18.4 Revisions to Agreement
If
development has not been completed such that Preliminary Approval has been
granted within 24 months from the date of registration of this Subdivision
Agreement or such later date as may be approved by the General Manager,
Planning and Growth Management, the City may, at its option, revise this
Agreement unilaterally with regard to securities provided and charges to be
paid so that such securities and charges will conform to the policy of the City
in effect at that time. The Owner hereby
consents to the making of such revisions.
18.5. Arbitration
If any
dispute shall arise between the parties hereto during the progress of the
Works, or after the completion thereof or after any breach of this Agreement, all
such disputes may, from time to time and so often as such disputes arise, be
referred to a board of three arbitrators, one to be chosen by each party hereto
and the third to be chosen by the two arbitrators so chosen. The said arbitrators shall have all the
powers given to Arbitrators by the Arbitrations
Act, R.S.O. 1990, Chapter A.24, as amended and a majority decision of the
arbitrators shall be final and binding upon the parties.
18.6. Estoppel
The Owner,
for itself and its successors and assigns, covenants and agrees that the Owner
will not call into question directly or indirectly in any proceeding
whatsoever, in law or in equity, or before any administrative or other tribunal
the right of the City to enter into this Agreement and this provision may be
pleaded by the City in any action or proceeding as a complete and conclusive
estoppel of any denial of such right.
18.7. Changes to Agreement in Writing
Any
variation, amendment or addition of or to this Agreement shall be in writing
and be signed by the Owner and the City pursuant to and in accordance with
authority delegated by Council, and shall be binding upon the Owner and the
City as fully and to the same extent as if set out herein.
18.8. Indemnity
The Owner,
on behalf of itself, its heirs, executors, administrators and assigns,
including its successors in title, covenants and agrees to indemnify and save
harmless the City from all actions, causes of action, suits, claims or demands
whatsoever which arise directly or by reason of the actions, performance,
negligence or non-performance of the Owner, its contractor, sub-contractor,
agent, architect, landscape architect, engineer, surveyor, planner, consultant
and project manager during the development of the Plan of Subdivision herein
and the construction and maintenance or the improper or inadequate construction
and/or maintenance of the Works.
18.9. Subsequent Parties and Gender
This
Agreement shall ensure to the benefit of and be binding upon the parties hereto
and their respective heirs, executors, administrators, successors and assigns,
and all covenants and agreements herein contained, assumed by, or imposed upon
the Owner are deemed to be covenants which run with and bind the lands herein
described and every part thereof and all covenants herein contained shall be
construed to be several as well as joint, and wherever the singular or
masculine is used, it shall be construed as if the plural or the feminine or
the neuter, as the case may be, had been used where the context of the Party or
the Parties hereto so require, and the rest of the sentence shall be construed
as if the grammatical and terminological changes thereby rendered necessary had
been made.
18.10. Notices
Any notice
required to be given herein shall be in writing and may be delivered personally
or by prepaid registered mail and, if to the City, shall be addressed to the
office of the City Clerk at 110 Laurier Avenue West, Ottawa, Ontario
K1P 1J1, with a copy to the General Manager, Planning and Growth
Management, 110 Laurier Avenue West, 4th Floor, Ottawa, Ontario K1P 1J1, or at
such other address at which the City offices are located in the future, and, if
to the Owner or his agent, at the addresses provided in the application
submitted for approval of the subject Subdivision or at such other address as
the Owner may advise the City in writing.
Such notice shall be deemed to be effective 48 hours after it has been
mailed by prepaid registered post.
18.11. Schedules
The
following schedules form part of this Agreement:
SCHEDULE
“A” DESCRIPTION OF THE LANDS TO WHICH THIS
AGREEMENT APPLIES
SCHEDULE
“B” ESTIMATED COST OF WORKS TO BE
CONSTRUCTED
SCHEDULE
“C” SECURITIES AND CASH PAYABLE
SCHEDULE
“D” MUNICIPAL COVENANTS
SCHEDULE
“E” NOTICES TO PURCHASERS
SCHEDULE
“F” FINANCIAL REQUIREMENTS
SCHEDULE
“G” TRANSFER OF LANDS FOR PUBLIC PURPOSES
SCHEDULE
“H” SPECIAL CONDITIONS
SCHEDULE
“I” REQUIRED WORDING OF LETTER OF CREDIT
SCHEDULE
“J” REQUIRED WORDING OF INSURANCE
CERTIFICATE
SCHEDULE
“K” AGREEMENT INDEX
18.12. Paragraph Headings
All
paragraph headings are for ease of reference only and do not affect the
construction or interpretation of this Agreement.
IN
WITNESS WHEREOF the Owner has hereunto set his hand and seal or affixed
theCorporate Seal of the Company duly attested to by its proper signing
officers duly authorized in that behalf.
DATED AT this day
of ,
201 .
SIGNED, SEALED AND DELIVERED )
in the presence of )
)
)
) Name:
) Title:
)
)
)
) Name:
) Title:
)
) I/We have the
authority to bind the Corporation
IN WITNESS WHEREOF the City of Ottawa has hereunto
affixed its Corporate Seal duly attested to by its Mayor and Clerk.
DATED AT OTTAWA this
day of ,
201 .
SIGNED, SEALED AND DELIVERED ) CITY OF OTTAWA
in the presence of )
)
Approved for Execution City Solicitor
)
Mayor
)
)
)
)
Deputy City Clerk
SCHEDULE
“A”
Firstly: The whole of Lots inclusive, as shown on Plan
4M- ________, registered in the Land Registry Office for the Land Titles
Division No. 4 at the City of Ottawa.
Secondly: The whole of Blocks inclusive as shown on Plan 4M-
_______, registered in the Land Registry Office for the Land Titles Division
No. 4 at the City of Ottawa.
LIST OF STREET NAMES APPROVED BY
THE CHIEF BUILDING OFFICIAL, BUILDING
CODE SERVICES
The streets,
namely:
ESTIMATED
COST OF WORKS TO BE CONSTRUCTED
Phase
1
WORKS
ON PUBLIC PROPERTY
Soft
Servicing Items
Landscaping
Gateway
Features
Typical
House Lot
Fencing
Street
Name & Regulatory Traffic Signage, Pavement Markings
Parking
Lot
Sidewalks
and Pathways on site (if required)
Miscellaneous
(Soft)
Sub
Total Soft Servicing Items
Hard
Servicing Items
Noise
Attenuation
Curbs
(if required)
Sidewalks
and Pathways (if required)
Lighting
Roads
Culverts
Roadway
Modifications
Retaining
Walls
Miscellaneous
Sub
Total Hard Servicing Items
TOTAL
WORKS ON PUBLIC PROPERTY
WORKS
ON PRIVATE PROPERTY
Soft
Servicing Items
Landscaping
Gateway
Features
Park
blocks (servicing, removals, site remediation, filling and compacting, grading,
planting, topsoil and seed)
Typical
House Lot
Fencing
Street
Name & Regulatory Traffic Signage, Pavement Markings
Parking
Lot
Miscellaneous
(Soft)
Sub
Total Soft Servicing Items
Hard
Servicing Items
Noise
Attenuation
Curbs
(if required)
Sidewalks
and Pathways (if required)
Lighting
Roads
Culverts
Roadway
Modifications
Retaining
Walls
Miscellaneous
Sub
Total Hard Servicing Items
TOTAL
WORKS ON PRIVATE PROPERTY
TOTAL
ESTIMATED COST OF WORKS
|
MAP Report Ver: 1 |
SCHEDULE "C" SECURITIES AND CASH PAYABLE - SUBDIVISION |
|
Phase
1 |
|
1.0 Security Amount Required |
|
100%
of Total Estimated Cost of Works Off Site |
|
100 % of Total Estimated Cost of Works On
Site |
|
TOTAL SECURITY BY
LETTER OF CREDIT |
|
2.0 Cash Payable |
|
2.1 Design Review
and Inspection Fee. |
|
a) Soft Servicing for on-site works + Soft
servicing for off-site works |
|
b) Hard Servicing for on-site works + Hard
Servicing for off-site works |
|
2%
of Total Soft Servicing |
+ |
4%
of Total Hard Servicing |
- |
2.2 Reduced by
Original Inspection/Review Fee |
___________________ |
Sub
Total - Balance Due |
|
GST on balance due
(6%) |
|
Total Design Review and Inspection Fee plus GST |
|
|
|
Special Charges |
|
Agreement
Planning Fee |
|
Cash-in-lieu
of Parkland |
|
Parkland
Assessment Fee |
|
Encroachment
Fees |
|
Sanitary
Sewer Fees |
|
Storm
Sewer Fees |
|
Stormwater
Development Charge (if applicable) |
|
|
|
TOTAL CASH PAYABLE BY
CERTIFIED CHEQUE |
SCHEDULE “D”
MUNICIPAL COVENANTS
1. The Transferee, for himself, his heirs executors, administrators, successors and assigns, covenants and agrees that should damage be caused to any of the Works in this Subdivision by any action or the lack of any action whatsoever on the part of the Transferee, the General Manager, Planning and Growth Management may serve notice to the Transferee to have the damage repaired and if such notification be without effect for a period of two clear days after such notice, the General Manager, Planning and Growth Management may cause the damage to be repaired and shall recover the costs of the repair plus the Management Fee, under Section 427, of the Municipal Act, 2001 in like manner as municipal taxes.
2. The Transferee, for himself, his
heirs, executors, administrators, successors and assigns covenants and agrees
that he will not commence construction of any buildings unless,
(a) a
building permit has been issued;
(b) all
requirements with respect to road base granulars and first lift of asphalt have
been carried out on the Roads on which the subject lot fronts;
(c) the
Road on which the subject lot fronts has been connected by Roads which are, at
a minimum, at a similar stage of completion to the overall City Road network;
and
(d) the
whole or such portion of the mass earth moving or general grading deemed
necessary by the General Manager, Planning and Growth Management has been completed and approved.
3. The Transferee, for himself, his
heirs, executors, administrators, successors and assigns covenants and agrees
to insert a clause in all agreements of purchase and sale requiring that the
purchaser direct roof leaders and sump pump hoses to a sufficiently large
pervious area, all of which shall be to the satisfaction of the General
Manager, Planning and Growth Management.
4. The Transferee, for himself, his
heirs, executors, administrators, successors and assigns, covenants and agrees
that the Transferee shall not alter the slope of the lands herein described nor
interfere with any drains established on the said lands, except in accordance
with the established final Grading and Drainage Plan, and with the written
consent of the General Manager, Planning and Growth Management.
Furthermore, the Transferee and shall maintain the approved grading and
drainage plan, and any corrective Works to alter the grading to re-instate
compliance with the approved drainage and lot grading plan must be completed
within five days of a receipt of a written notice from the City of Ottawa or the
City of Ottawa may complete the Works at the Transferee’s expense.
Furthermore,
the Transferee agrees that the City of Ottawa may enter upon the lands which
are the subject matter of this Transfer/Deed for the purposes of inspection or
restoration of the established Grading and Drainage Plan and the cost to the
City of Ottawa in performing any restoration work shall be paid to the City of
Ottawa by the owner of the lands upon which such restoration work was
performed, such payments to be made within 30 days of demand therefore by the
City of Ottawa and failing payment as aforesaid the cost shall be added to the
tax roll as provided by Section 427 of the Municipal Act, 2001 and
collected in like manner as municipal taxes.
5.
The Transferee for himself, his heirs,
executors, administrators, successors and assigns, covenants and agrees that
the transferee will not plant poplar, alder, aspen, willow, elms which are
subject to Dutch Elm disease, or maple trees of the fast growing variety (i.e.
Silver and Manitoba) or other species as may be determined by the General Manager, Planning and Growth
Management within the lands to which this Transfer/Deed
applies nor adjacent lands in the transferee’s ownership. Tree planting in proximity to buildings will
be in accordance with the approved landscaping/streetscaping plan, geotechnical
report and the City of Ottawa’s “Trees and Foundation Strategy in Areas of
Sensitive Marine Clay” policy, where applicable.
6.
The Transferee for himself, his heirs,
executors, administrators, successors and assigns covenants and agrees being
advised that the City does not guarantee the quality or quantity of
groundwater. If, at some future date,
the quality or the quantity of groundwater becomes deficient, the City bears no
responsibility, financial or otherwise, to provide solutions to the deficiency,
such solutions being the sole responsibility of the homeowner. The homeowner is advised to test his/her well
on a regular basis for bacteriological and select chemical parameters (for
example - nitrate and chloride); advice on well maintenance can be found in the
How Well is Your Well Guide and Water Wells Best Management Practices Guide,
both of which can be obtained from the City or the Rideau Valley Conservation
Landowner Resource Office.”
7.
The Transferee for himself, his heirs,
executors, administrators, successors and assigns covenants and agrees being
advised that well construction shall be in accordance with the recommendations
of the approved Hydrogeological and Terrain Analysis Report, and certification
by a Professional Engineer or a Professional Geoscientist, licensed in the
Province of Ontario, shall be provided to the City.
8.
The Transferee for himself, his heirs,
executors, administrators, successors and assigns covenants and agrees being
advised that all wells are to be drilled wells with casings set into bedrock
and the entire annual space filled with grout.
Dug wells and sand points shall not be permitted.
9.
The Transferee for himself, his heirs,
executors, administrators, successors and assigns covenants and agrees that “No
Dumping” of any material (including snow, grass cuttings, construction debris
and landscape waste) is permitted on vacant lots or on adjacent lands.
10. The
Transferee for himself, his heirs, executors, administrators, successors and
assigns covenants and agrees that heat pumps, air-conditioning units, pool
filters, sheds and decks are building appurtenances and shall meet the minimum
setback requirements established in the City of Ottawa’s Zoning By-laws(s).
SCHEDULE “E”
NOTICE TO PURCHASERS
1. The purchaser acknowledges having been
advised of all development charges related to the lot/block he or she is
purchasing including development charges already paid and development charges
that may be payable in the future,
2. The purchaser acknowledges that school
accommodation pressures exist in the Ottawa-Carleton School Board schools
designated to serve this Subdivision, and that at the present time this problem
is being addressed by the utilization of portable classrooms at local schools
and/or by directing students to schools outside the community.
3. The purchaser acknowledges and agrees
that postal service may be delivered by way of community mailboxes, which shall
be located to the satisfaction of Canada Post.
4. The purchaser of any lot or block
fronting on a street or abutting a block in which a sidewalk pathway is
proposed to be installed acknowledges that he has been supplied with, and
reviewed a plan showing the proposed locations, type, size and dimensions
within the boulevard of any sidewalk pathway abutting the said lot or
block. The purchaser hereby acknowledges
signing a copy of the said plan as confirmation that he has reviewed the plan
and is aware of the contents of the plan.
The said plan shall form part of the purchase and sale agreement. The purchaser further acknowledges that the
information identified on the said plan is the proposed information in respect
to the lot or block and is subject to change through the City’s approval
process.
5. The purchaser of any lot or block
hereby acknowledges being advised of:
(a) An
approved Composite Utility Plan
(b) Approved
Subdivision Plans showing specific site and landscaping design, engineering
details, and constraints to development;
(c) If
applicable, the proposed location possible bus shelters and pads and paved
passenger standing areas at bus stops;
(d) The
proposed location for the community mailboxes within the Subdivision;
(e) The
proposed driveway location;
(f) The
proposed location of any streetlights, hydro transformers and utility pedestals
abutting the lot;
(g) The
proposed grading and drainage plan for the lot or block, and understands that
it is the responsibility of the purchaser to maintain the proposed drainage
patterns; and
(h) If
applicable, the proposed location of the potential bus routes including
temporary bus routes.
(i) The
approved Official Plan designation for the Subdivision.
The purchaser further acknowledges and
agrees not to install a pool or landscaping prior to Final Acceptance of
grading by the City.
6. The purchaser further acknowledges
that the information he has been advised of and described above is subject to
change through the City’s approval process.
SCHEDULE “F”
FINANCIAL REQUIREMENTS
1. Financial Requirements
The Owner shall pay to the City, by
cash or certified cheque, the charges and fees where applicable as set out in
this Agreement and other financial requirements, including legal fees and
development charges, that may be required of the City as established by by-law
or resolution of the Council of the City from time to time, which pertain to
this Subdivision and are not specifically referred to herein. It is the Owner’s responsibility to verify
which financial requirements are applicable to this Subdivision and the Owner
shall pay same when required by the City.
2. Insurance
Policy
The
Owner covenants and agrees as follows:
(a)
During the construction period:
(i) The
Owner shall provide and maintain Commercial General Liability insurance subject
to limits of not less than Five Million Dollars $5,000,000 per occurrence for
bodily injury, death and damage to property, including loss of use thereof. The
Commercial General Liability insurance shall include coverage for:
§ premises and operations liability
§ products and completed operations
liability
§ blanket contractual liability
§ cross liability
§ severability of interest clause
§ contingent employers liability
§ personal injury liability
§ owner’s and contractor’s protective
coverage
§ liability with respect to non-owned
licensed motor vehicles
§ if applicable to the construction
project described in the subdivision agreement; shoring, blasting, excavation,
underpinning, demolition, pile driving, caisson work and work below ground
surface including tunneling and grading
(ii) Such
insurance shall be in the name of the Owner and shall name the Contractors,
Agents, Architects, Landscape Architects, Engineers, Planners, Consultants,
Project Managers and the City of Ottawa as
additional insureds thereunder.
(iii) The
Owner shall provide and maintain liability insurance in respect to owned and
leased licensed Motor Vehicles subject to a limit not less than $5,000,000
inclusive per occurrence for bodily injury, death and damage to property
including loss of use thereof.
(iv) Such
insurance policies shall contain an endorsement to provide the City with not
less than thirty (30) days written notice of cancellation or of a material
change that would diminish coverage.
(v) The
Owner shall provide the City with a Certificate of Insurance evidencing such insurance
coverage prior to the execution of the agreement. If requested by the City, the
Owner shall provide, Certified Copies of the referenced insurance
policies.
(vi) As
determined by the City, the Owner may be required to provide and maintain additional
insurance coverage(s), which are related to the subdivision agreement
requirements.
(b) During the
maintenance period,
(i) The Owner shall provide and maintain
Commercial General Liability insurance acceptable to the City and subject to
limits of not less than Five Million Dollars $5,000,000 per occurrence for
bodily injury, death and damage to property including loss of use thereof. The Commercial General Liability insurance
shall include coverage for:
§ premises and operations liability
§ products and completed operations
liability
§ blanket contractual liability
§ cross liability
§ severability of interest clause
§ contingent employers liability
§ personal injury liability
§ owner’s and contractor’s protective
coverage
§ liability with respect to non-owned
licensed motor vehicles
(ii) Such
insurance shall be in the name of the Owner and shall name the City of Ottawa
as an additional insured thereunder.
Such insurance policy shall contain an endorsement to provide the City
with thirty (30) days written notice of cancellation.
(iii) The Owner shall provide the City with a
Certificate of Insurance evidencing such insurance coverage. If requested by the City, the Owner shall
provide, Certified Copies of the referenced insurance policy
(c) During the construction and
maintenance periods;
(i) The
Owner shall ensure its professional Consultants, Architects, Landscape
Architects, Planners and Engineers, providing a professional service in
connection with the subdivision, provide and maintain Professional Liability insurance
coverage until final acceptance of the work has been granted by the City and
for five (5) additional years following final acceptance of the work. Such
Professional Liability insurance coverage shall be subject to limits of not
less than $250,000 for each claim, $500,000 per project and $1,000,000 annual
aggregate. Such insurance shall provide coverage for all errors and omissions
made by the Consultant, Architect, Landscape Architect, Planner and Engineer
its partners, officers, directors and employees in regard to the professional
services provided by the Consultant, Architect, Landscape Architect, Planner
and Engineer which are related to the subdivision agreement.
(ii) The
City of Ottawa reserves the right to request the Owner to provide the City of
Ottawa with evidence of such Consultants, Architects, Landscape Architects,
Planners and Engineers Professional Liability insurance coverage.
(iii) As
determined by the City, the Owner’s Consultants, Architects, Landscape
Architects, Planners and Engineers may be required to provide and maintain
additional insurance coverage(s), which are related to the subdivision
agreement requirements.
(d) (i)
As an alternative insurance program to subsections 2(a) and 2(b), the Owner shall provide and maintain
Wrap-Up Liability insurance acceptable to the City and subject to limits of not
less than Five Million Dollars $5,000,000 per occurrence for bodily injury,
death and damage to property including loss of use thereof.
§ premises and operations liability
§ products and completed operations
liability
§ blanket contractual liability
§ cross liability
§ severability of interest clause
§ contingent employers liability
§ personal injury liability
§ owner’s and contractor’s protective
coverage
§ liability with respect to non-owned
licensed motor vehicles
§ if applicable to the construction
project described in the subdivision agreement; shoring, blasting, excavation,
underpinning, demolition, pile driving, caisson work and work below ground
surface including tunneling and grading
(i)
Such
insurance shall be in the name of the Owner and shall name its Contractors,
Subcontractors, Agents, Architects, Landscape Architects, Engineers,
Consultants, Planners, Project Managers and the City of Ottawa as additional
insureds thereunder.
(ii)
The
Owner shall provide and maintain liability insurance in respect to owned and
leased licensed Motor Vehicles subject to a limit not less than $5,000,000
inclusive per occurrence for bodily injury, death and damage to property
including loss of use thereof.
(iii)
Such
insurance policies shall contain an endorsement to provide the City and the
Owner with not less than thirty (30) days written notice of cancellation or of
a material change that would diminish coverage.
(iv)
The
Owner shall provide the City with a Certificate of Insurance evidencing such
insurance coverage. If requested by the
City, the Owner shall provide, Certified Copies of the referenced insurance
policy.
(v)
As
determined by the City, the Owner may be required to provide and maintain
additional insurance coverage(s), which are related to the subdivision
agreement requirements.
Before this Agreement is
executed by the City, the Owner shall deposit with the City a sufficient sum in
cash or irrevocable letter of credit issued by a financial institution
acceptable to the Treasurer or other financial security acceptable to the
Treasurer and herein referred to as the “financial security” to meet the
financial requirements of this Agreement as set out in Schedule “B” with the
exception that if the development of the lands described in Schedule “A” are to
be by phases, the Owner shall deposit with the City the financial security
required for such phases and before commencing construction of Works in
subsequent phases the Owner shall deposit with the City the financial security
for the particular phase in which the Owner wishes to commence the construction
of Works.
For the purposes of
calculating the securities for works required under this agreement, the City
shall use its own unit rates which have been based on a review of the previous
year’s City tender unit rates.
If the Owner satisfies the
provisions of this clause by depositing irrevocable letters of credit with the
City, such letters of credit being in the form attached hereto as Schedule “I”,
the following provisions shall also apply:
(a) Until the
completion of all of the matters and things required to be provided and
maintained by the Owner pursuant to this Agreement to the satisfaction of the
City, it will be a condition of the letter of credit that it shall be deemed to
be automatically extended without amendment from year to year from the existing
or any expiration date thereof, unless at least 30 days prior to any such
future expiration date, the financial institution which issued the letter of
credit notifies the City in writing by registered mail that it elects not to
consider the letter of credit to be renewable for any additional period.
(b)
Until
the completion of all of the matters and things required to be provided and maintained
by the Owner pursuant to this Agreement, to the satisfaction of the City, the
irrevocable letter(s) of credit shall continue to be automatically extended in
the same manner as provided in sub-clause (a) hereof until the said completion
of the Works.
(c)
If
the Owner and/or financial institution fails to extend the letter(s) of credit
as required under sub-clauses (a) and (b) hereof as required by the City, such
failure shall be deemed to be a breach of this Agreement by the Owner, and the
City, without notice to the Owner may call upon any part of the whole amount of
the existing letter(s) of credit notwithstanding anything herein otherwise
contained. Any amount received by the
City shall be held by the City in the same manner as if it had originally been
cash deposited under the provisions of this clause.
(d)
Notwithstanding
the above, the Owner acknowledges and agrees that the securities posted in
accordance with this agreement are posted to complete any works deemed
necessary by the General Manager, Planning and Growth
Management.
4. Interest
and Payment Accounts
Interest calculated at a
rate which is 2% higher than the current chartered bank prime lending rate
shall be payable by the Owner to the City on all sums of money payable to the
City herein which are not paid on the due dates calculated from such due dates.
5. Approval/Acceptance
- Financial Security
(a)
Upon
Preliminary Approval of any of the Works or part thereof by the City, the City
may permit a reduction of the financial security relating to the construction
of the Works. The Preliminary Approval
of such stage in the construction of the Works shall be dated as of the date of
the Owner’s application for Preliminary Approval thereof.
(b)
Upon
Preliminary Approval by the City of any further part of the Works or all the
Works by the City, the City may permit a further reduction in the financial
security relating to Works. The
Preliminary Approval of such Works or part thereof shall be dated as of the
date of the Owner’s application for Preliminary Approval thereof. The City reserves the right to limit the
amount of security reduction to that of 100% of the total cost of all
outstanding or incomplete Works and that at no such time would the City hold
less security than the cost of completing the Works. In addition, the City shall retain sufficient
security relating to such other Works to cover the Owner’s warranty and
maintenance obligations stipulated in this Agreement with respect to such Works
and to satisfy the requirements of Clause (8) of this schedule related to
construction liens. Responsibility for
restoration shall continue until Final Acceptance by the City.
(c)
The
Owner covenants and agrees to restore to the satisfaction of the General
Manager, Planning and Growth Management, any faulty workmanship or materials
used in construction of the Works outlined in Schedule “B” or any damage done
by the Owner or its successors or assigns or by its or their employees,
contractors or agents during construction of the said Works or buildings. Such responsibility for restoration shall
continue for a period of one year after Final Acceptance of the Works by the
City.
(d)
Upon
Final Acceptance of the said Works by the City and upon the City being
satisfied there are no construction liens affecting any of the Works, the Owner
shall be entitled to have released to it all financial security then held by
the City under this Agreement. It is
understood that the Owner shall not be entitled to receive Final Acceptance of
any Road until such Road has received Final Acceptance.
6. Inspection
for Release of Financial Security
It is hereby understood that it is the
Owner’s responsibility to make applications to the General Manager, Planning
and Growth Management for the inspection of any completed Works for which the
Owner wishes the release of financial security.
Inspections under this clause will not be undertaken during winter
conditions.
7. Default – Financial Security
After having first notified
the Owner, the City may at any time authorize use of the whole or part of the
amount of the financial security referred to in Schedule “F” hereof to pay the
cost of any Works that the General Manager, Planning and Growth Management
deems necessary to rectify default by the Owner or its assigns, or to pay the
cost of any matter for which the Owner is liable under this Agreement, whether
such cost is in relation to construction or installation of any Works or
service or any defects or required maintenance.
It is understood and agreed that the financial security, or so much
thereof as the City deems necessary, shall be held by the City until Final
Acceptance of the Works, except where any part is used pursuant to this clause,
provided that where financial security is made pursuant to Schedule “F” hereof,
the General Manager, Planning and Growth Management may recommend the reduction
of such financial security from time to time as Works are completed, it being
understood that 10% of such financial security is designed to cover maintenance
and warranty commitments.
8. Construction
Liens
(a)
The Owner agrees that it will hold
back from its payments to any contractors who may construct any of the Works
(including Roads) such sum or sums as are required in accordance with the Construction
Lien Act, R.S.O. 1990, Chapter C.30, as amended from time to time and will
otherwise indemnify and save harmless the City against any claims, suits,
actions or demands for construction liens or otherwise in connection with the
Works and all costs, including legal costs in connection with the same, and on
the demand of the City, shall forthwith take steps to discharge or vacate
immediately all claims for liens on the Works or any of them. It is mutually understood by the parties
hereto that this clause is not intended to affect or derogate from whatever
rights the Owner may have to defend any claim, suit, action or demand for a
construction lien in connection with the aforesaid Works.
(b)
Notwithstanding anything herein
contained, the Owner agrees that the City shall not be required to release the
financial security relating to the Works being constructed pursuant to this
Agreement until the City is satisfied that there are no claims for construction
liens relating to the Works and that the time for claiming a construction lien
has expired. The Owner acknowledges that
the City shall continue to hold at least 10% of the financial security until
such period of time has expired.
(c) In the
event that a claim for lien is registered under the Construction Lien
Act, R.S.O. 1990, Chapter C.30, or
any amendment thereto relating to the Works being constructed pursuant to this
Agreement or a claim for lien in respect of a public street or highway included
in the Works is given to the Clerk of the City, the Owner shall be deemed to be
in default of this Agreement and the City, without notice to the Owner may call
upon the whole or any part of the financial security notwithstanding anything
claimed herein or in the financial security.
The City shall use the financial security to complete the Works
specified in Schedule “B” hereon on behalf of the Owner. The City may in its sole and absolute
discretion use the financial security for payment into the Court of the full
amount claimed as owing in the claim for lien plus costs for the purpose of
vacating the claim for lien pursuant to the provisions of the Construction
Lien Act, R.S.O. 1990, Chapter C.30, as amended.
9. City’s Lien
The City shall have a lien
against the lands and premises upon which this Agreement is registered for any
amount the City expends in carrying out any of the obligations of the Owner
under this Agreement or for any other debts due by the Owner to the City for
Works done by the City under this Agreement, over and above the amount of the
said security deposited with the City to secure such obligations.
10. Pre-Servicing
Requirements
Upon draft Plan approval,
and at the sole discretion of the General Manager,
Planning and Growth Management,
Construction of Works within the Plan of Subdivision may commence provided
appropriate financial security, insurance and a letter of indemnity are posted
with the City, to the satisfaction of the City Clerk and Solicitor.
SCHEDULE “G”
The
Owner, at its expense, shall transfer to the City the following lands and
request the lifting of reserves, as listed, forthwith upon registration of this
Agreement. All such Transfers/Deeds
shall be in a form satisfactory to the Deputy City Clerk, Legal Services
Branch.
A.
Road
Widening
B. Parkland
C. Walkways and Open Spaces
D. Reserves
E. Reserves (to be lifted and dedicated as a
public road)
F. Easements
NOTE: The Owner agrees to pay all costs associated
with the preparation of legal plans for the lifting of reserves by the City.
SCHEDULE “H”
SPECIAL CONDITIONS
This page
left intentionally blank.
SCHEDULE
“I”
REQUIRED WORDING OF LETTER OF CREDIT
(to be put on Bank Letterhead)
LETTER OF
CREDIT NO.:_____________ AMOUNT: $
INITIAL EXPIRY
DATE: __________________
Beneficiary: Applicant:
100
Constellation Crescent 4th floor West,
Ottawa,
Ontario K2G 6J8 Complete
Address
We, the undersigned, (Name and address of Bank) (hereinafter called “the Bank”)
hereby establish an irrevocable Letter of Credit in favour of the City of
Ottawa (hereinafter called “the
City”) in the amount of ($ .
) Dollars which may be drawn by you to the extent required for the
proper fulfillment by
(Name of Applicant: ) of its obligation pursuant to a
Subdivision Agreement between the City
of Ottawa and (Name of Applicant:)
dated the day of , 201 , with respect to Project: (Address of property) and Planning and Growth Management File No.
(Planning File No. (hereinafter called “the
Agreement”).
Drafts under this Letter of Credit
shall be in the form of a written demand for payment made by the City. The amount of this Letter of Credit may be
reduced from time to time as advised by notice in writing to the undersigned
from time to time by the City.
Any written demand for payment
pursuant to this Letter of Credit by the City will be the Bank’s sufficient
authority to make payment hereunder and the Bank shall not be required to
determine the validity or sufficiency of such payment. The City will, in its written demand for
payment, confirm that monies drawn pursuant to this Letter of Credit are to be
or have been expended by the City pursuant to the obligations incurred or to be
incurred by (Name of Applicant:) pursuant to the Agreement. Any breach by (Name
of Applicant:) of the Agreement shall entitle
the City to call upon the whole or any part of this Letter of Credit.
Partial drawings are permitted.
The registration of a lien pursuant to
the Construction Lien Act, R.S.O. 1990, Chapter C.30, against any of the
Works for this Letter of Credit is given shall entitle the City to call upon
this Letter of Credit to discharge the obligations imposed on the City by
virtue of the said Construction Lien Act, R.S.O. 1990, Chapter C.30.
THIS LETTER OF CREDIT will continue in force for a
period of one year; but shall be subject to the condition hereinafter set
forth:
It is a condition of this Letter of
Credit that it shall be deemed to be automatically extended without amendment
from year to year from the present or any expiration date hereof, unless at
least thirty (30) days prior to any such future expiration date, we notify you
in writing by registered mail, that we elect not to consider this Letter of
Credit to be renewable for any additional period.
Except so far as otherwise expressly
stated, all provisions of the Uniform Customs and Practice for Documentary
Credits 1993 Revision, International Chamber of Commerce Publication No. 500
are incorporated in and form an integral part of this document as if recited at
length.
DATED AT this day of , 201 .
Per:
SCHEDULE “J”
REQUIRED WORDING OF INSURANCE
CERTIFICATE
This is to certify that the insured
set forth, is insured with the Insurance Company, which insurance is described
below:
Insurance Company:
Name of Insured:
Address of Insured:
Class of Insurance: Comprehensive/Commercial General
Liability
Policy Number:
Effective Date:
Expiry Date:
Coverage Limit: $5,000,000.00
Deductible:
Broker Name:
Commercial General Liability – Including Personal Injury; Contractual Liability; Non-Owned Automobile Liability; Owner’s and Contractor’s Protective Coverage; Products – Completed Operations; Contingent Employers Liability; Cross Liability Clause; Severability of Interest Clause
q City of Ottawa
q
q
q
q
has/have been added as an additional
insured for all operations and contracts, but only with respect to its interest
in the operations of the named insured(s).
This is to certify that the Policy of
Insurance as described above has been issued by the undersigned to the insured
named above and is in force at this time.
If cancelled, the City of Ottawa shall
be given 30 days written notice by registered mail by the insurer(s) to the:
City of Ottawa
Financial Services, Financial
Planning, Risk Management
100 Constellation Crescent, Ottawa,
Ontario, K2G 6J8
Telephone: (613) 580-242 Ext. 43615 or 43413 Fax:
(613) 580-2654
The insurance afforded is subject to
the terms, conditions and exclusions of the applicable policy.
This certificate is executed and
issued to the aforesaid City of Ottawa, the day and date herein written below.
Date:
Name of Insurance Company (not
broker):
Name of Insurance Broker:
Authorized Representative or Official
By:
DOCUMENT 2
LIST OF STANDARD CONDITIONS FOR DRAFT
PLAN APPROVAL
File:
MENU OF
CONDITIONS
FOR DRAFT
APPROVAL
XYZ
DEVELOPMENT CORPORATION
ANYWHERE
SUBDIVISION
DRAFT
APPROVED DD/MM/YYYY
REVISED
DD/MM/YYYY
DRAFT
APPROVAL EXTENDED FROM DD/MM/YYYY TO DD/MM/YYYY
INDEX
Sidewalks, Walkways, Fencing, and
Noise Barriers
Record of Site Condition/Contaminated
Soil
The City of
Ottawa's conditions applying to the approval of the final plan for registration
of XYZ Development Corporation's anywhere Subdivision (File No.) are as
follows:
|
|
This
approval applies to the draft plan certified by ________________________,
Ontario Land Surveyor, dated ___________________,
showing_____________________ development. |
|
|
|
The Owner agrees, by entering into a
Subdivision Agreement, to satisfy all terms, conditions and obligations,
financial and otherwise, of the City of Ottawa, at the Owner’s sole expense,
all to the satisfaction of the City. |
Clearing Agency |
|
|
General |
|
|
G1 |
Prior to
the issuance of a Commence Work Notification, the Owner shall obtain such
permits as may be required from Municipal or Provincial authorities and shall
file copies thereof with the General Manager, Planning and Growth Management.
|
|
|
G2 |
Prior to commencing construction, the Owner
shall enter into a subdivision agreement with the City. The subdivision
agreement shall, among other matters, require that the Owner post securities
in a format approved by the City Solicitor, in an amount of 100% of the
estimated cost of all works, save and except non-municipal buildings. The
aforementioned security for site works shall be for works on both private and
public property and shall include, but not be limited to, lot grading and
drainage, landscaping and driveways, roads and road works, road drainage,
underground infrastructure and services (storm, sanitary, watermains),
streetlights, stormwater management works. The amount secured by the City
shall be determined by the General Manager, Planning and Growth Management,
based on current City tender costs, which costs shall be reviewed and adjusted annually. Engineering,
Inspection and Review fees will be collected based on the estimated cost of
the works as noted herein and in accordance with the City's Planning Fees By-laws, as amended. |
OTTAWA
Planning |
|
G4 |
The Owner
acknowledges and agrees that any residential blocks for street-oriented
dwelling units on the final Plan shall be configured to ensure that there
will generally be not more than 25 units per block. |
OTTAWA
Planning |
|
G5 |
The Owner acknowledges and agrees that
any person who, prior to the draft plan approval, entered into a purchase and
sale agreement with respect to lots or blocks created by this Subdivision,
shall be permitted to withdraw from such agreement without penalty and with
full refund of any deposit paid, up until the acknowledgement noted above has
been executed. The Owner shall provide to the
General Manager, Planning and Growth
Management an acknowledgement from those purchasers who signed a
purchase and sale agreement before the Plan was draft approved, that the Plan
had not received draft approval by the City. The Owner agrees that the
purchase and sale agreements signed prior to draft approval shall be amended
to contain a clause to notify purchasers of this fact, and to include any
special warning clauses, such as but not limited to Noise Warnings and
easements. |
OTTAWA
Legal |
|
G6 |
All
prospective purchasers shall be informed through a clause in the agreements
of purchase and sale of the presence of lightweight fill on the lands, and
that the presence of such lightweight fill may result in specific
restrictions on landscaping, pools, additions, decks and fencing. |
OTTAWA
Legal |
|
G7 |
The
Owner, or his agents, shall not commence or permit the commencement of any
site related works until such time as a pre-construction meeting has been
held with Planning and Growth Management staff and until the City issues a
Commence Work Notification. |
OTTAWA
Planning |
|
|
Zoning |
|
|
Z1 |
The Owner agrees that prior to
registration of the Plan of Subdivision, the Owner shall ensure that the
proposed Plan of Subdivision shall conform with a Zoning By-law approved
under the requirements of the Planning Act, with all possibility of
appeal to the Ontario Municipal Board exhausted. |
OTTAWA Planning |
|
Z2 |
The Owner undertakes and agrees that
prior to the registration of the Plan of Subdivision, the Owner shall deliver
to the City a certificate executed by an Ontario Land Surveyor showing that
the area and frontage of all lots and blocks within the Subdivision are in
accordance with the applicable Zoning By-law. |
OTTAWA Planning |
|
|
Roadway
Modifications
|
|
|
RM1 |
The Owner
shall pay all expenses associated with all works related to roadway
modifications, and shall provide financial security in the amount of 100% of
the cost of implementing the required works. |
OTTAWA
Planning |
|
|
Highways/Roads
|
|
|
HR1 |
The Owner
shall retain a licensed or registered professional with expertise in the field of transportation planning and/or traffic
operations to prepare a Transportation Impact Assessment. The study shall
comply with the City of Ottawa’s Transportation Impact Assessment Guidelines.
The Owner agrees to revise the Draft Plan in accordance with the
recommendations of the study to the satisfaction of the General Manager,
Planning and Growth Management. |
OTTAWA
Planning |
|
HR2 |
The Owner shall provide for temporary
turn-arounds for all streets terminating at the edge of any phase of
development, prior to registration of the Plan, to the satisfaction of the
General Manager, Planning and Growth Management. The Owner agrees that it
will convey to the City at no cost
any temporary easements that may be required in order to establish the
temporary turn-arounds. Turning circle(s) may include a 0.3 metre reserve
along the perimeter of any temporary turning circle(s), to the satisfaction
of the General Manager, Planning and Growth Management. For any portion of the temporary
turn-around easements that do not form part of the permanent road allowance,
the easements shall be released at the expense of the Owner when the
easements are no longer required by the City. |
OTTAWA Planning |
|
HR3 |
The Owner shall convey to the City,
at no cost to the City, an unencumbered road widening along Road (state name
or no.), adjacent to the subdivision lands, in accordance with the Official
Plan. The required widening shall be
illustrated on the Draft M-Plan and Final Plan of Subdivision as a dimension
from the existing centerline of the public highway to the required widened
limit. If it is determined that a widening
is not required, the Owner’s Surveyor shall illustrate the distance from the
existing centerline of the Public Highway to the existing road limit on the
Draft M-Plan and the Final Plan of Subdivision. All of which will be to the satisfaction of
the General Manager, Planning and Growth Management and the City Surveyor. |
OTTAWA Planning City Surveyor |
|
HR4 |
Any dead ends and/or open spaces of road allowances
created by this plan of subdivision shall be terminated in 0.3 metre
reserves. This may include a 0.3 metre reserve along any temporary turning
circle(s). The Owner may place 0.3 metre reserves on the following locations: List required reserves |
OTTAWA Planning and Legal |
|
HR5 |
The Owner shall provide the following site triangles
on the final plan: List required site triangles |
OTTAWA Planning and Legal |
|
HR6 |
A 0.3 m
reserve adjacent to the widened limit of Road (state name or no.) shall be
indicated on the plan submitted for registration and conveyed at no cost to
the City. |
OTTAWA Planning and Legal |
|
HR7 |
The Owner
shall be required to enter into an agreement with the City for the operation
and maintenance of any traffic signals that are required to be installed in
advance of meeting the City’s approved criteria for Traffic Signals Warrants
and until the General Manager, Planning and Growth Management approves the
assumption of the lights. |
OTTAWA Planning |
|
HR8 |
The Owner agrees to provide a construction traffic
management plan for the subdivision prior to the earlier of registration of
the Agreement or early servicing. Such
plan shall be to the satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
HR9 |
The Owner
acknowledges that should the plan be registered in phases, the first phase of
registration shall include: list
all lands and required works to be part of first phase if applicable |
OTTAWA Planning |
|
HR10 |
All
streets shall be named to the satisfaction of the Director of Building Code Services and in accordance with the Municipal Addressing By‑law or the
Private Roadways By-law as applicable. |
OTTAWA Planning BCS |
|
HR11 |
The
design of all roads and intersections shall be to the satisfaction of the
General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
HR12 |
Where
land has been dedicated for road widening purposes as part of the planning
process, where the Owner receives no
financial compensation or in-kind consideration in exchange for the
widening, and where the City deems that the land is no longer required for
that purpose, the lands may be conveyed back to the original owner, or its
successor in title, for $1.00. The
owner, or its successor in title, will be responsible for all costs to
complete said conveyance, including an administrative fee. |
OTTAWA Planning |
|
HR 13 |
Prior to
the registration, the Owner shall obtain approval of a road closure for those
lands (specify) the applicant proposes to acquire from the City and acquire
said lands from the City prior to Final Approval in order to include said
lands on the final plan of subdivision. |
OTTAWA Planning |
|
HR14 |
[Development on Private Streets] The Owner covenants and agrees that
it will obtain approval for a Common Elements Condominium, or other agreement
as deemed appropriate, which
condominium or other agreement once registered on title, will set out the
obligations between the co-owners of the common elements for the operation
and maintenance of the private streets, private watermains, private hydrants
and private water services, such agreement to be to the satisfaction of the
City Solicitor. |
OTTAWA Planning Legal |
|
HR15 |
[Development on Private Streets] The Owner covenants and agrees that
it will design all private watermains within the subdivision to the
satisfaction of the City, and it will pay all related costs, including the cost
of connection, inspection, and disinfection by City personnel. |
OTTAWA Planning |
|
HR16 |
[Development on Private Streets] The Owner covenants and agrees that
it will install the private infrastructure services in accordance with the
staging schedule approved by the General Manager, Planning and Growth
Management. |
OTTAWA Planning |
|
HR17 |
The Owner
acknowledges that the construction of buildings may be restricted on certain
lots and/or blocks until such time as Road connections are made so that
snowplow turning and garbage collection can be implemented to the satisfaction of the General Manager, Planning
and Growth Management. |
OTTAWA Planning |
|
|
Public
Transit
|
|
|
PT1 |
The Owner shall design and
construct, at its expense (state name or number of street), which have been
identified as transit service routes, to Transportation Association of Canada
standards, including right-of-way width, horizontal and vertical
geometry. The Owner shall design and
construct, at its expense transit passenger standing areas and shelter pads,
to the specifications of the General Manager, Planning and Growth Management. |
OTTAWA Transit Services and Planning |
|
PT2 |
The Owner shall ensure that the
staging of the Subdivision, including the construction of dwellings,
roadways, walkways, and paved passenger standing areas, or shelter pads,
shall occur in a sequence that permits the operation of an efficient, high
quality transit service at all stages of development. |
OTTAWA Transit Services |
|
PT3 |
The Owner shall orient dwellings and
vehicular accesses in the vicinity of bus stops in such a manner as to avoid traffic conflicts and visual intrusion
and to submit plans to Planning and Growth Management for approval indicating
the orientation of all dwellings and private accesses in the vicinity of all
bus stop locations. |
OTTAWA Transit Services and Planning |
|
PT4 |
The Owner shall inform all
prospective purchasers, through a clause in all agreements of Purchase and
Sale and indicate on all plans used for marketing purposes, those streets identified
for potential transit services, the location of the bus stops, paved
passenger standing areas, or shelters pads and shelters, any of which may be located in front
of or adjacent to the purchaser’s lot at any time. |
OTTAWA Transit Services |
|
PT5 |
The Owner agrees to implement a
Transit Service Strategy in accordance with the Official Plan. The Owner, together with the City, will determine the method and means
by which the developments, as well as adjacent areas, can be efficiently and
effectively serviced by transit. The
Owner shall enter into an agreement with the Transit Services Branch, prior
to the subdivision, to outline the provision of interim bus service. Said
agreement shall include, but not be limited to, the following: establishment
of routes and stops and levels of service and provision and maintenance of
stops and turnarounds. The agreement may include: funding and cost-sharing
arrangements and timing and triggers for the transfer of responsibility to
City. |
OTTAWA Transit Services |
|
PT6 |
The Owner covenants and agrees to
dedicate Block XX to the City for a transit right-of-way. The alignment of
the transit corridor on the final plan shall be to the satisfaction of the
General Manager, Planning and Growth Management and the General Manager,
Transit Services. |
OTTAWA Transit Services and Planning |
|
|
Geotechnical |
|
|
GT1 |
The Owner
covenants and agrees that the following clause shall be incorporated into all
agreements of purchase and sale for Lots (insert lots numbers), and
registered separately against the title: “The
Owner acknowledges that special soils conditions exist on this lot which will
require: (a) a
geotechnical engineer licensed in the Province of Ontario to approve any
proposal or design for a swimming pool installation on this lot prior to
applying for a pool enclosure permit or installing the pool; and (b) the
Owner to submit a copy of the geotechnical engineer’s report to the General
Manager, Planning and Growth Management at the time of the application for
the pool enclosure permit. The Owner
also acknowledges that said |
OTTAWA Planning |
|
GT2 |
Prior to approval of the Grading and Drainage Plan,
the Owner shall submit a slope stability analysis for the development of
lands adjacent to the ravine or escarpment in accordance with the City’s
Approved Slope Stability Guidelines for Development Applications, as may be
amended from time to time. The Owner, if determined by the General Manager,
Planning and Growth Management, shall convey all lands required by this
analysis in accordance with the Slope Stability Guidelines for Development
Applications to the City. The analysis and any required conveyances,
including the preparation of a reference plan, shall be to the satisfaction
of the General Manager, Planning and Growth Management and at no cost to the
City. |
OTTAWA Planning CA |
|
GT3 |
The Owner
shall submit a geotechnical report prepared in accordance with the
City’s Approved Slope Stability Guidelines for Development Applications by a geotechnical Engineer, licensed
in the Province of Ontario, containing detailed information on applicable
geotechnical matters and recommendations which matters may include, where
applicable, but are not limited to: i. existing sub-surface soils,
groundwater conditions; ii. slope
stability and erosion protection, in addition to any building construction
requirements adjacent to unstable slopes; iii. design
and construction of underground services to the building, including
differential settlement near any buildings or structures; iv. design
and construction of the shared water services and sewer services below the
stacked units and confirmation that the soils will support the pipes and
building, and that any settlement will not adversely affect the pipes; v. design
and construction of roadways, fire routes and parking lots; vi. design
and construction of retaining walls and/or slope protection; vii. design
and construction of engineered fill; viii. design and construction of building foundations; ix. site
dewatering; xii. tree
planting; xiii design
and construction of swimming pools; and xvi.
any restrictions to landscaping, in particular type and size of trees
and the proximity of these to structures/buildings; and xvii. design and construction of park blocks. |
OTTAWA Planning |
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Sidewalks,
Walkways, Fencing, and Noise Barriers
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S1 |
The Owner shall construct a x
metre asphalt pathway within Block X as well as fencing (specify type) at the perimeter of the walkway block and
plantings (specify type), to the satisfaction of the General Manager,
Planning and Growth Management. |
OTTAWA Planning |
|
S2 |
The Owner agrees to
design and construct, at no cost to the City, sidewalks in accordance with
City Specifications in the following locations: ·
_________ ·
_________ |
OTTAWA Planning |
|
S3 |
The
Owner agrees to design and construct, at no cost to the City, fully
accessible walkways and related Works through the length of the public lands
identified on the Plan in accordance with City Specifications in the
following locations: ·
_________ ·
_________ |
OTTAWA Planning |
|
S3.1 |
The
Owner agrees to connect all new sidewalks/pathways to the existing
sidewalk/pathway(s) located at (specify location(s)) to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA Planning |
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S4 |
The
Owner agrees to design and construct, at no cost to the City, 1.8 metre black
vinyl-coated chain link fences in accordance with the Fence By-law and all
other City Specifications, at the following locations: ·
_________ |
OTTAWA Planning |
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S4.1 |
The Owner agrees that any
vinyl-coated chain link fence required to be installed under this Agreement,
shall be located a minimum of 0.15 metres inside the property line of the
private property. |
OTTAWA Planning |
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S5 |
The
Owner agrees to design and construct, at no cost to the City, 1.8 metre wood
privacy fences in accordance with the Fence By-law and all other City
Specifications, at the following locations: ·
_________ ·
_________ |
OTTAWA Planning |
|
S5.1 |
The
Owner agrees that any wood privacy fence required to be installed under this
Agreement, shall be located a minimum of 0.15 metres inside the property line
of the private |
OTTAWA Planning |
|
S6 |
The
Owner agrees to design and erect, at no cost to the City, noise attenuation
barriers in accordance with City Specifications at the following locations: ·
_________ ·
_________ |
OTTAWA Planning |
|
S6.1 |
The
Owner agrees that any noise attenuation barrier required to be installed
under this Agreement, shall be located a minimum of 0.30 metres inside the
property line of the private property, and the location of the fence shall be
verified by an Ontario Land Surveyor, prior to the release of securities for
the noise attenuation barrier. |
OTTAWA Planning |
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S7 |
The
Owner agrees to design and erect, at no cost to the City, 1.8 metre 9-guage
galvanized chain link fence in accordance with City Specifications at the
following locations: ·
_________ ·
_________ |
OTTAWA Planning |
|
S7.1 |
The Owner agrees that any
9-guage galvanized chain link fence required to be installed under this
Agreement, shall be located a minimum of 0.15 metres inside the property line
of the private property. |
OTTAWA Planning |
|
S8 |
The Owner shall insert a
clause in each agreement of purchase and sale and Deed for lands which fences
have been constructed stating that: “Purchasers are advised
that they must maintain all fences in good repair, including those as
constructed by (developer name) along the boundary of this land, to
the satisfaction of the General Manager, Planning and Growth management. The
Purchaser agrees to include this clause in any future purchase and sale
agreements”. |
OTTAWA Planning |
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Landscaping/Streetscaping
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LS1 |
The Owner agrees that for all single detached and semi-detached lots, a minimum
of 1 tree per interior lot and 2 trees per exterior side yard lots shall be
provided on the Landscape Plan to the satisfaction of the General Manager,
Planning and Growth Management. Said streetscape plan shall also
include trees at a 6-8 metre on-centre separation distance the full extent of
the road right-of-way abutting the future park block(s). Should specific site
constraints prevent said allocation of trees, the required plantings shall be
provided within any proposed park(s), open space or environmental blocks,
non-residential road right-of-way frontages, stormwater management facility(s),
or other suitable alternative location, to the satisfaction of the General
Manager, Planning and Growth Management. |
OTTAWA Planning |
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LS2 |
The Owner agrees to have a landscape
plan for the draft plan of subdivision prepared by a Landscape Architect. The
landscape p |
OTTAWA Planning and Forestry Services |
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LS3 |
The Owner agrees to
implement the approved landscape plan to the satisfaction of the General
Manager, Planning and Growth Management. |
OTTAWA Planning and Forestry Services |
|
LS4 |
The Owner agrees to have
a tree conservation report prepared by an arborist, forester, landscape
architect, or other qualified professional, to be coordinated with the
grading and drainage plan. The tree conservation report will identify the
vegetation communities and specimens that are to be preserved, to the
satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA Planning and Forestry Services |
|
LS5 |
The Owner agrees to
implement the approved tree conservation report measures, prepared in accordance
with City Specifications and Standards following registration of the plan, at
the cost of the Owner. The Owner shall
provide the General Manager, Planning and Growth Management with an
arborist's, forester's, landscape architect's, or other qualified
professional's certification that the plan has been fully implemented. |
OTTAWA Planning and Forestry Services |
|
LS6 |
The Owner shall implement
the protection measures outlined in the tree conservation report, to ensure
preservation of the trees identified for protection, to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA Planning and Forestry Services |
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Gateway
Features
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GF1 |
Community
Features: The Owner
acknowledges and agrees that the proposed Community Gateway Feature(s)
located at_____________ shall be designed, constructed and certified by a
qualified professional and shall be in accordance with the City’s Design
Guidelines for Development Application Gateway Features, applicable by-laws
and policies as may be amended from time to time. The Community Gateway Feature shall be
subject to the approval of the General Manager, Planning and Growth
Management. The Owner shall deposit
security in the amount to be determined by the General Manager, Planning and
Growth Management prior to registration of the Plan to meet the on-going
maintenance obligations of the Feature by the Owner for a 5-year period after
the construction of the Feature. The
amount of security shall be determined by the General Manager of Planning and
Growth Management and will not be reduced or released until the expiration of
the 5-year period and certification by a qualified professional that the
Feature is constructed in accordance with the Guidelines and approved plans
and is in a good state of repair. The
Owner shall file copies of the aforementioned certification with the General
Manager, Planning and Growth Management.
During the warranty period the Owner shall be solely responsible for
the on-going upkeep and maintenance of the Community Gateway Feature to the
satisfaction of the General Manager, Planning and Growth Management. The
Owner shall be required to make a financial contribution to the
“Supplementary Maintenance Fund” as
determined by the General Manager, Planning and Growth Management prior to registration of the Plan in
accordance with the City’s Design Guidelines for Development Application
Gateway Features. |
OTTAWA Planning |
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GF2 |
Primary
Neighbourhood Features: The Owner
acknowledges and agrees that the proposed Primary Neighbourhood Gateway
Feature(s) located at_____________ shall be designed, constructed and
certified by a qualified professional and shall be in accordance with the
City’s Design Guidelines for Development Application Gateway Features,
applicable by-laws and policies as may be amended from time to time. The
Primary Neighbourhood Gateway Feature shall be subject to the approval of the
General Manager, Planning and Growth Management. The Owner shall deposit security in the amount
to be determined by the General Manager, Planning and Growth Management prior
to registration of the Plan, to meet the on-going maintenance obligations of
the Feature by the Owner for a 5-year period after the construction of the
Feature. The amount of security shall
be determined by the General Manager of Planning and Growth Management and
will not be reduced or released until the expiration of the 5-year period and
certification by a qualified professional that the Feature is constructed in
accordance with the Guidelines and approved plans and is in a good state of
repair. During the warranty period the
Owner shall be solely responsible for the on-going upkeep and maintenance of
the Primary Neighbourhood Gateway Feature to the satisfaction of the General
Manager, Planning and Growth Management. The Owner shall be required to make
a financial contribution to the “Supplementary Maintenance Fund” as determined by the General Manager,
Planning and Growth Management prior to registration of the Plan in
accordance with the City’s Design Guidelines for Development Application
Gateway Features. |
OTTAWA Planning |
|
GF3 |
Secondary
Neighbourhood Features: The Owner
acknowledges and agrees that the proposed Secondary Neighbourhood Gateway
Feature(s) located at_____________ is temporary only, shall be designed,
constructed and certified by a qualified professional and shall be in
accordance with the City’s Design Guidelines for Development Application
Gateway Features, applicable by-laws and policies as may
be amended from time to time. The Secondary Neighbourhood Gateway Feature
shall be subject to the approval of the General Manager, Planning and Growth
Management. The Owner shall deposit
security in the amount to be determined by the General Manager, Planning and
Growth Management at the time of registration and/or prior to installation,
to guarantee on-going maintenance and removal of the Secondary Neighbourhood
Gateway Feature, which will be released upon satisfactory removal of the
Secondary Neighbourhood Gateway Feature.
The Owner shall be solely responsible for the on-going upkeep and
maintenance of the Secondary Neighbourhood Gateway Feature until it is
removed to the satisfaction of the General Manager, Planning and Growth
Management. |
OTTAWA Planning |
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GF4 |
Private/Condo
Features: The Owner
acknowledges and agrees that the proposed Private/Condo Gateway Feature(s)
located at_____________ shall be designed, constructed and certified by a
qualified professional and shall be in accordance with the City’s Design
Guidelines for Development Application Gateway Features, applicable by-laws
and policies as may be amended from
time to time. The Private/Condo
Gateway Feature shall be subject to the approval of the General Manager,
Planning and Growth Management and the Chief Building Official. The Owner shall deposit security in the
amount to be determined by the General Manager, Planning and Growth
Management prior to registration of the Plan to meet the on-going
maintenance obligations of the Feature by the Owner for a 5-year period after
the construction of the Feature. The
amount of security shall be determined by the General Manager of Planning and
Growth Management and will not be reduced or released until the expiration of
the 5-year period and certification by a qualified professional that the Feature
is constructed in accordance with the Guidelines and approved plans and is in
a good state of repair. The Owner
shall file copies of the aforementioned certification with the General
Manager, Planning and Growth Management.
The Owner shall be required to maintain the Private/Condo Gateway
Feature in a state of good repair at all times and in perpetuity, at no cost
to the City. A maintenance clause will
be required in the Condo or Common Elements agreement(s) to reflect the
foregoing. |
OTTAWA Planning |
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Parks
The Owner covenants and agrees that
Block(s)___ will be conveyed to the City, at no cost, as dedicated parkland. The size and configuration of
Block(s) ____ on the Final Plan shall be to the satisfaction of the General
Manager, Planning and Growth Management.
In accordance with the Planning
Act and the City of Ottawa Parkland Dedication By-law, the Owner shall:
(select one) (a)
convey Blocks (specify) to the City
for parkland purposes; or (b)
provide cash-in-lieu of parkland on
the subject lands within Ward (specify) such value of the land to be
determined by the City's Realty Services Branch. The Applicant shall bear the cost of any
appraisal costs incurred by the City; or (c)
convey Blocks (specify) together with
cash-in-lieu of parkland on the subject lands within Ward (specify) such
value of the land to be determined by the City's Realty Services Branch. The Applicant shall be responsible for any appraisal costs incurred by the
City; All to the satisfaction of the
General Manager, Planning and Growth Management. |
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P1 |
OTTAWA Planning |
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P2 |
OTTAWA Planning |
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P3 |
The Owner acknowledges and agrees
that, subject to budget approval of the required expenditure by City Council
in the year in which it is approved, the City shall pay to the Owner an amount
of money for cash-in-lieu of parkland to reflect the amount of land dedicated
in excess of the requirements under s. 51 of the Planning Act. |
OTTAWA Planning |
|
P4 |
All Owner obligations associated with
the Park Block(s) must be completed by (specify timing or phasing i.e. Phase
1, # of units, street construction etc) to the satisfaction of the General
Manager of Planning and Growth Management. |
OTTAWA Planning |
|
P5 |
The Owner acknowledges and agrees
that no stormwater management facilities, encumbrances such as retaining
walls, utility lines or easements of any kind shall be located on dedicated
park blocks without the prior written
approval of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
P6 |
The Owner
acknowledges and agrees that any encumbrances such as retaining walls,
utility lines or easements of any kind
on lands, or portion thereof encumbering the design and function of future
Park Block XX will not form part of the required Planning Act parkland
dedication requirements. |
OTTAWA Planning |
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P7 |
The Owner
acknowledges and agrees, at his expense, to erect on Park Block XX, at a
location(s) selected by the General Manager, Planning and Growth Management,
a professionally painted sign. Sign
material, size and installation and construction details shall be to the
satisfaction of the General Manager, Planning and Growth Management. This sign shall clearly read, in English
and in French: Future Parkland No
Dumping No
Removal Soil or Vegetation No
Storage of Materials The Owner further agrees to maintain
the sign (including graffiti removal) and that such sign shall be removed
only with the approval of the General Manager, Planning and Growth
Management. |
OTTAWA Planning |
|
P8 |
The Owners shall not remove or
disturb any of the existing vegetation or topsoil on dedicated parkland
unless such removal or disturbance forms part of the remedial work approved
by the General Manager, Planning and Growth Management. If the Owner disturbs the parkland, it must
be reinstated to the satisfaction of the General Manager, Planning and Growth
Management. It
is the responsibility of the Owner to fill with clean earth fill, compact and
level the park block accordingly, providing for positive surface drainage.
The General Manager, Planning and Growth Management shall approve all works
and fill materials prior to being placed on site. |
OTTAWA Planning |
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P9 |
The Owner shall grade areas of
parkland where necessary, to the satisfaction of the General Manager,
Planning and Growth Management, so as to provide a uniform surface, free of
debris, necessary to establish a safe clean and maintainable surface. Park Blocks shall be graded in accordance
with the approved Grading Plan for the plan of subdivision. No storage of building
materials, including granular or topsoil, will be permitted on the Park
Block. |
OTTAWA Planning |
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P10 |
The
Owner acknowledges and agrees to supply and spread screened topsoil to City
standards to a minimum depth of 150mm (200mm in the area of planned sports
fields) over the entire park block(s) including all disturbed areas. All
screened topsoil shall be tested and the tests submitted for approval prior
to installation to the satisfaction of the General Manager, Planning and
Growth Management. The
seed mix is to be approved in advance of application and the Owner further
acknowledges and agrees to notify the City of Ottawa prior to the supply and
spreading of topsoil and seed. |
OTTAWA Planning |
|
P11 |
The
Owner acknowledges and agrees to spread grass seed to City of Ottawa
specifications and apply general maintenance until the growth is well
established and through the first two (2) cuts, in accordance with City of
Ottawa standards to the satisfaction of the General Manager, Planning and
Growth Management. |
OTTAWA Planning |
|
P12 a) Serviced |
Unless
otherwise specified the Owner shall provide the following services and
utilities to all Park Blocks: a)
A 300mm diameter storm sewer and
CB/MH at 2m inside the park property line. b)
A 50mm diameter water line complete
with a valve chamber at 2m inside the park property line. The valve chamber installation must adhere
to the standard City of Ottawa detail W31.1, Typical Park Water Meter
Installation 50mm. c)
A 120/240 volt, 200 ampere single
phase hydro service and outdoor metred distribution kiosk at 2m inside the
park property line. The distribution
kiosk must meet the minimum requirements of Hydro Ottawa, Hydro One and the
City of Ottawa and must include as a minimum: a meter socket, hydro meter,
either a disconnect switch and a panelboard or a panelboard with a main
circuit breaker, one interior duplex receptacle, two exterior dual
receptacles accessible behind a lockable access hatch and a second lockable
access hatch for future on/off push buttons and a contactor. The Owner is responsible for making all
arrangements and coordinating the connection of the new hydro service,
including costs and inspections, with the respective electrical agencies. d)
150mm diameter sanitary sewer and MH
at 2m inside the park property line. All
works shall be shown on the approved drawings and shall be subject to the
approval of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
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P12 b) Un- Serviced P13 |
Unless otherwise specified the Owner shall provide the following
services and utilities to all Park Blocks: a) The Owner shall provide an open ditch, culvert and driveway in the
road allowance adjacent to the park frontage, in accordance with the approved
street cross-section. b) The Owner shall provide a well, constructed as per Ontario Regulation
903 and the recommendations of the approved Hydrogeological investigation
and, shall also be certified by a P. Eng. or P. Geo. The Hydrogeological
investigation shall be in accordance with MOE Procedure D-5-5, except for the
minimum number of wells. c) A 120/240 volt, 200 ampere single phase hydro service and outdoor
metred distribution kiosk at 2m inside the park property line. The distribution kiosk must meet the
minimum requirements of Hydro Ottawa, Hydro One and the City of Ottawa and
must include as a minimum: a meter socket, hydro meter, either a disconnect
switch and a panelboard or a panelboard with a main circuit breaker, one
interior duplex receptacle, two exterior dual receptacles accessible behind a
lockable access hatch and a second lockable access hatch for future on/off
push buttons and a contactor. The
Owner is responsible for making all arrangements and coordinating the
connection of the new hydro service, including costs and inspections, with
the respective electrical agencies. All works shall be shown on the approved drawings and shall be
subject to the approval of the General Manager, Planning and Growth
Management. The Owner shall install fencing of uniform appearance and quality,
with a minimum height of five feet (5’) (1.5m) along the common boundary of
all residential lots and blocks and ravine lands, and hazard lands, which
abut public walkways and Park Blocks. Fences shall be installed 0.15m on the
private property side of the common property line, and the location of the
fence shall be verified by an Ontario Land Surveyor. Fence materials will be
of commercial grade and consist of 6 gauge black vinyl coated chain link
material and black powder coated schedule 40 pipe rails and posts or an approved
alternative. |
OTTAWA Planning OTTAWA Planning |
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P14 |
(No Gates) No access from private property to
public property will be allowed. The Owner shall place the following clause
in each Agreement of Purchase and Sale and in Deeds for all Lots and Blocks “The
Transferee for himself, his heirs, executors, administers, successors and
assigns acknowledges being advised that gates accessing public property are
not permitted in the fences.” |
OTTAWA Planning |
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P15 |
(Gates Permitted) No
access from private property to public property will be allowed without the
prior written approval of the
General Manager, Planning and Growth Management. The Owner shall place the
following clause in each Agreement of Purchase and Sale and in Deeds for all
Lots and Blocks “The
Transferee for himself, his heirs, executors, administers, successors and
assigns acknowledges being advised that gates accessing public property are
not permitted in the fences without the express written permission of the General Manager, Planning and Growth
Management.” |
OTTAWA Planning |
|
P16 |
The Owner shall include a clause in
each Agreement of Purchase and Sale and in Deeds for all Lots and Blocks
which shall provide notification to all purchasers of lands within the Subdivision
that parkland within this subdivision and/or already existing in the vicinity
of the subdivision may have (select as appropriate): a)
active hard surface and soft surface
recreational facilities b)
active lighted sports fields c)
recreation and leisure facilities d)
potential community centre e)
library f)
day care g)
other potential public
buildings/facilities. |
OTTAWA Planning |
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|
Environmental Constraints |
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|
EC1 |
The Owner acknowledges that the
(specify watercourse) is subject to the _________ Conservation Authority’s
“Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses” regulation, made under Section 28 of the Conservation
Authorities Act, R.S.O. 1990, c. C.27, as amended. The regulation
requires that the Owner of the property obtain a permit from the Conservation
Authority prior to straightening, changing, diverting, or interfering in any
way with any watercourse. Any application received in this regard will be
assessed within the context of approved policies for the administration of
the regulation. |
OTTAWA CA Planning |
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EC2 |
The Owner shall have an Integrated
Environmental Review Statement prepared, in accordance with the policies of
the Official Plan, to the satisfaction of the General Manager, Planning and
Growth Management. |
OTTAWA Planning Env. Sust. CA |
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EC3 |
The Owner agrees to establish
a ____ metre “No Touch/No Development” setback of the watercourse,
described as a Block or a Part on a legal plan, established from the top of
bank. The final approved plan of
subdivision shall clearly show this setback. |
OTTAWA Planning CA |
|
EC4 |
The Owner
acknowledges and agrees that the construction of the subdivision shall be in
accordance with the recommendation of (specify report i.e. Environmental
Impact Statement): ·
list specific recommendations |
OTTAWA Planning Env. Sust. CA |
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EC5 |
The Owner shall convey, at no cost
to the City, the following lands (Blocks xyz for the xzy river corridor).
Final configuration of the Blocks shall be in accordance with the xyz River
Conservation Plan. These lands shall
not be credited towards determining parkland dedication requirements. |
OTTAWA Planning Env. Sust. CA |
|
EC6 |
The Owner shall erect protective
fencing along the setback perimeter of the (specify watercourse) prior to any
site preparation works within the Subdivision to ensure no disturbance of the
watercourse during construction to the satisfaction of the Conservation
Authority. |
OTTAWA Planning Env. Sust. CA |
|
EC7 |
The Owner shall prepare, to the
satisfaction of the General Manager, Planning and Growth Management, a
Conservation Handbook describing the natural attributes of the subdivision
and the importance of good stewardship practices to ensure the long-term
health and sustainability of the wetlands and woodlots. The Handbook shall be distributed to all
purchasers with the Agreement of
Purchase and Sale. |
OTTAWA Planning Env. Sust. CA |
|
EC8 |
The Owner shall prepare a
Homeowners’ Awareness Package highlighting the advantages and
responsibilities of a home or landowner living in the natural area. This package is to be included in all
Agreements of Purchase and Sale. |
OTTAWA Planning Env. Sust. CA |
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Record
of Site Condition/Contaminated Soil
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RSC1 |
The Owner
shall be required to submit to the General Manager, Planning and Growth
Management and Chief Building Official, a Record of Site Condition (RSC)
completed in accordance with the O.Reg. 153/04, and acknowledged by the
Ministry of Environment. The RSC shall
confirm that all or part of the site will be suitable for the proposed use in
accordance with O.Reg. 153/04. |
OTTAWA Planning Env. Sust. |
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Schools
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SC1 |
The
Owner acknowledges and agrees to reserve Block X on the draft plan of
subdivision as an X school site for the (specify Board) The final size,
configuration and servicing for the school site shall be to the satisfaction
of the (specify) School Board and the General Manager, Planning and Growth
Management. |
Specify Board |
|
SC2 |
The Owner agrees
to enter into a legal agreement with the (specify) Board for the reservation
of the designated school site known as Block (s) XX on the draft plan of
subdivision for a period of up to seven years from the date of registration
of the plan which contains the school site.
|
Specify Board |
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Archaeology
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ARC1 |
(i)
The Owner acknowledges having been
required to retain a licensed consultant archaeologist to undertake an
archaeological assessment of the entire property, including 1:10,000 scale
mapping, “Archaeological Site Record” and report(s); (ii)
The Owner agrees to implement the
recommendations of the approved assessment, including mitigation, through
preservation or removal and documentation of archaeological resources; and (iii)
The Owner agrees that no site works
shall take place until any archaeological resource conservation concerns have
been addressed. All of the
above noted conditions shall be to the satisfaction of the Ministry of
Culture and the General Manager, Planning and Growth Management. |
OTTAWA Planning and Ministry of Culture (Ministry
provides written clearance to the City prior to registration, usually at the
request of the applicant.) |
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Stormwater
Management
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SW1 |
The Owner shall provide to the
General Manager, Planning and Growth Management any and all stormwater
reports that may be required by the City for approval prior to the commencement
of any works in any phase of the Plan of Subdivision. Such reports shall be
in accordance with any watershed or subwatershed studies, conceptual
stormwater reports, City or Provincial standards, specifications and
guidelines. The reports shall include,
but not be limited to, the provision of erosion and sedimentation control
measures, implementation or phasing requirements of interim or permanent
measures, and all stormwater monitoring and testing requirements. All reports shall be to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA Planning and CA |
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SW2 |
(a) Prior to the commencement of
construction of any phase of this Subdivision (roads, utilities, any off site
work, etc.) the Owner shall: i.
have a Stormwater Management Plan and an
Erosion and Sediment Control Plan prepared by a Professional Engineer in
accordance with Current Best Management Practices, ii. have said
plans approved by the General Manager, Planning and Growth Management, and iii. provide
certification to the General Manager, Planning and Growth Management through
a Professional Engineer that the plans has been implemented. (b) Any
changes made to the Plan shall be submitted to the satisfaction to the City
of Ottawa and the Conservation Authority. (c) The Owner shall implement an
inspection and monitoring plan to maintain erosion control measures. |
OTTAWA Planning |
|
SW3 |
On completion of
all stormwater works, the Owner shall provide certification to the General
Manager, Planning and Growth Management through a Professional Engineer that
all measures have been implemented in conformity with the approved Stormwater
Site Management Plan. |
OTTAWA Planning |
|
SW4 |
Prior to the registration, or the
making of an application for a Ministry of Environment Certificate of Approval
for any stormwater works, whichever event first occurs, the Owner shall
prepare a Stormwater Site Management Plan in accordance with a Conceptual
Stormwater Site Management Plan (specified by title of plan, date). The Stormwater Site Management Plan shall
identify the sequence of its implementation in relation to the construction
of the subdivision and shall be to the satisfaction of the General Manager,
Planning and Growth Management and the (Specify) Conservation Authority. |
OTTAWA
Planning and CA |
|
SW5 |
The Owner shall maintain the
stormwater management pond in accordance with the recommendations of the
Stormwater Management Plan and to the satisfaction of the General Manager,
Planning and Growth Management until such time as the stormwater management
pond has been given Final Acceptance and assumed by the City of Ottawa. |
OTTAWA
Planning |
|
SW6 |
The Owner shall design and
construct, as part of the stormwater management infrastructure, at no cost to
the City, a monitoring facility or facilities and vehicular access to the
satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA
Planning |
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SW7 |
The Owner agrees that the
development of the Subdivision shall be undertaken in such a manner as to
prevent any adverse effects, and to protect, enhance or restore any of the
existing or natural environment, through the preparation of any storm water
management reports, as required by the City.
All reports are to be approved by the General Manager, Planning and
Growth Management prior to the commencement of any Works. |
OTTAWA
Planning |
|
SW8 |
The
Owner covenants and agrees that the following clause shall be incorporated
into all agreements of purchase and sale for the whole or any part of a lot
or block on the Plan of Subdivision, and registered separately against the
title: “The Owner acknowledges that some of
the rear yards within this subdivision are used for on-site storage of
infrequent storm events. Pool installation and/or grading alterations on some
of the lots may not be permitted and/or revisions to the approved Subdivision
Stormwater Management Plan Report may be required to study the possibility of
pool installation on any individual lot.
The Owner must obtain approval of the General Manager, Planning and
Growth Management of the City of
Ottawa prior to undertaking any grading alterations.” |
OTTAWA
Legal |
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|
Fisheries
|
|
|
F1 |
In recognition that the main stream running
across the lands (name or describe the watercourse) is fish habitat, prior to
registration of the plan of subdivision, the General Manager, Planning and
Growth Management shall be satisfied that: (i)
the Zoning By-law provisions for all
new development located along the watercourse identified as fish habitat
areas (identify the specific lots) require a minimum setback to the satisfaction
of the General Manager, Planning and Growth Management and the Conservation
Authority; (ii) Wording
has been included in the subdivision agreement and in all agreements of
purchase and sale for Lots x to y inclusive: (a)
informing the Owners that the purpose
of the setback is to protect fish habitat and that the natural vegetation
within the setback be retained; (b)
informing Owners that, in accordance
with s. 35 of the Federal Fisheries Act, unauthorized destruction,
disturbance or alteration to fish habitat is prohibited; and (c)
informing Owners that any proposed
alteration (such as a driveway crossing) must be reviewed in detail by the
_______________ Conservation Authority and may require authorization pursuant
to the provisions of the Federal Fisheries Act. |
OTTAWA
Planning Env. Sust. CA |
|
F2 |
The Owner
acknowledges that the proposed works on [name watercourse] at [name location]
will require the Department of Fisheries and Oceans (DFO) authorization. Any harmful alteration, disruption or
destruction (HADD) as a result of the subdivision will require compensation
to the satisfaction of DFO. |
OTTAWA
CA |
|
F3 |
The Owner
acknowledges that a formal Development, Interference with Wetlands and
Alteration to Shorelines and Watercourses Permit will be required in association
with [name works]. |
OTTAWA
Legal MNR |
|
F5 |
The Owner
agrees that no in-stream works will occur within [name watercourse] between
__________ and _________ of any given year. |
OTTAWA
CA |
|
|
Sanitary
Services
|
|
|
SS1 |
The Owner
shall submit detailed municipal servicing plans, prepared by a Civil Engineer
licensed in the Province of Ontario, to the General Manager, Planning and
Growth Management. |
OTTAWA
Planning |
|
SS2 |
Where the
Owner is required under this Agreement to provide and install sanitary sewers
of a diameter larger and/or at a greater depth than would be required to
service the area to be developed, as detailed in the approved plans of this
agreement, the Owner shall convey to the City such 0.3m reserves as may be
necessary to prevent the owners and developers of adjacent lands from making
connections to the sanitary sewers installed by the Owner. Insofar as it
legally may, the City will require other persons connecting to the sewer to
pay an equitable share of the cost thereof to the Owner, the amount of which
payment shall be determined by the General
Manager, Planning and Growth Management. |
OTTAWA Planning |
|
SS3 |
Where the Owner is
required under this Agreement to provide the oversize and/or over-depth storm
sewers or open drains in order to make provisions for later development of
upstream lands not owned by the Owner herein, as referred to in the approved
plans, the City shall, insofar as it legally may, require that payment shall
be made by the Owner of such upstream undeveloped land which will utilize the
said storm sewers as an outlet(s), prior to the approval of a Plan of
Subdivision for such land by the City, the amount of which shall be
determined by the General Manager,
Planning and Growth Management. |
OTTAWA Planning |
|
SS4 |
a)
extend
water, sanitary, and storm services a minimum of 2.0 meters onto private
property during installation before being capped; b)
install
hydro high voltage cable through the transformer foundations to maintain
adequate clearance from the gas main; c)
provide
and install conduits as required by each utility; d)
provide
and install transformer security walls when a 3.0 meters clearance, as
required by the Electrical Code, cannot be maintained. The design and
location of the security wall must be approved by the local hydro utility;
and e) install all road-crossing ducts at a depth not to exceed 1.2 meters from top of duct to final grade. |
OTTAWA Planning |
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Water
Services
|
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W1 |
The
Owner shall design and construct all necessary watermains and the details of
services and meters for the lots abutting the watermains within the subject
lands to the satisfaction of the General Manager, Planning and Growth
Management. The Owner shall pay all
related costs, including the cost of connection, inspection and sterilization
by City personnel, as well as the supply and installation of water meters by
the City. |
|
|
W2 |
The details for
water servicing and metering shall be to the satisfaction of the General
Manager, Planning and Growth Management.
The Owner shall pay all related costs, including the cost of
connections and the supply and installation of water meters by City
personnel. |
OTTAWA Planning |
|
W3 |
Upon completion
of the installation of all watermains, hydrants and water services, the Owner
shall provide the City with Mylar(s) of the "as-built" plan(s),
certified under seal by a Professional Engineer, showing the location of the
watermains, hydrants and services.
Furthermore, the Owner shall provide the "as-built"
information and the attribute data for the water plant installation in a form
that is compatible with the City’s computerized systems. |
OTTAWA Planning |
|
W4 |
The Owner shall
prepare, at its cost, a hydraulic network analysis of the proposed water
plant within the Plan of Subdivision and as it relates to the existing
infrastructure. This analysis shall be
submitted to the General Manager, Planning and Growth Management for review
and approval as part of the water plant design submission. |
OTTAWA Planning |
|
W5 |
The Owner agrees to construct and install all services
in all the streets and offsite locations identified below and, where
applicable, oversized services shall be constructed and installed in
accordance with the conditions and City Specifications and approved reports: ·
_________ ·
_________ |
OTTAWA Planning |
|
W6 |
The
Owner acknowledges and agrees not to permit any occupancy of buildings on the
individual Lots described in Schedule "A" until the water plant has
been installed, sterilized and placed in service to the satisfaction of the
General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
W7 |
The
Owner acknowledges and agrees that no services shall be tapped into the new
watermain until the disinfection has been successfully completed and the
watermain has been placed in service by the City. |
OTTAWA Planning |
|
W8 |
The
Owner further acknowledges and agrees that the service post, which is the
fitting located near the property line that allows access to the shutoff
valve, must be visible, raised to finished grade and in working condition in
order for the City to turn on the service. |
OTTAWA Planning |
|
W9 |
The
Owner acknowledges and agrees that the details of services and meters for the
lots abutting the watermain
shall be to the satisfaction of the General Manager, Planning and Growth
Management. The Owner shall pay all
related costs, including the cost of connections and the supply and
installation of water meters. |
OTTAWA Planning |
|
W10 |
The
Owner acknowledges and agrees to install triple outlet fire hydrants and
watermains in accordance with City specifications. The Owner further acknowledges and agrees
to ensure that all hydrants shall be maintained accessible, and shall be in
good operating condition at all times to the satisfaction of the General
Manager, Planning and Growth Management.
In the event that any hydrants are not operational, then the Owner
shall clearly label these hydrants as out of service. |
OTTAWA Planning |
|
W11 |
The
Owner acknowledges and agrees not to apply for, nor shall the City issue,
building permits for more than 50 dwelling units (or the equivalent) where
the watermain for such units is unlooped.
Any unit serviced by an unlooped watermain shall be required to have
sufficient fire protection, to the satisfaction of the General Manager,
Planning and Growth Management. |
OTTAWA Planning |
|
|
Municipal Services
|
|
|
MS1 |
The Owner
shall be responsible for the provisions of the following works, including
oversizing and overdepth where appropriate, at its cost, in accordance with
plans approved by the General Manager, Planning and Growth Management, and/or
the Province; a. Watermains; b. Sanitary Sewers; c.
Storm Sewers; d.
Roads and traffic plant(s); e.
Street Lights; f.
Sidewalks; g.
Landscaping; h.
Street name, municipal numbering, and
traffic signs; i.
Stormwater management facilities; and j.
Grade Control and Drainage. |
OTTAWA Planning |
|
MS2 |
The Owner shall not commence
construction of any Works or cause or permit the commencement of any Works
until the City issues a Commence Work Notification, and only then in
accordance with the conditions contained therein. |
OTTAWA Planning |
|
MS3 |
The Owner shall provide services oversized and overdepth to service
lands beyond the limits of the subdivision as required and to the
satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
MS4 |
The Owner shall not be entitled to a
building permit, early servicing, or commencement of work construction until
they can demonstrate to the satisfaction of the General Manager, Planning and
Growth Management that there is adequate road, sanitary, storm, and watermain
capacity. |
OTTAWA Planning |
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|
Hydro
|
|
79.
|
H1 |
The Owner shall comply with Hydro Ottawa's
Conditions of Service and thus should be consulted for the servicing
terms. The document, including
referenced standards, guidelines and drawings, may be found at www.hydroottawa.com/development/. The Owner should consult Hydro Ottawa prior
to commencing engineering designs to ensure compliance with these documents. |
|
80.
|
H2 |
The Owner acknowledges that servicing from new rear
lanes is not permitted. |
Hydro |
81.
|
H3 |
The Owner shall pre-consult with Hydro Ottawa any proposed
reduction to the City of Ottawa three-metre minimum standard setback prior to
designing the electrical servicing, as it may affect the electrical servicing
design, timeline for installation and cost.
This includes any proposed overhang encroachment into the 3m-setback
space. |
Hydro |
82.
|
H4 |
The Owner may be required to enter into an
Electrical Servicing Agreement with Hydro Ottawa Limited, to the satisfaction
of Hydro Ottawa. |
Hydro |
|
H5 |
The Owner shall contact Hydro Ottawa to discuss
electrical servicing for the property.
By Hydro Ottawa commenting on this proposal, Hydro Ottawa has not
committed to, or approved the electrical servicing of the proposed
development. |
Hydro |
|
H6 |
The Owner may be responsible for a Capital
Contribution payment(s) towards a distribution system expansion, if the
proposed development requires electrical servicing greater than can be
provided by the existing distribution system in the vicinity, either in
capacity or in extension limit. This
amount shall be in accordance with Hydro Ottawa's Contributed Capital Policy
and Conditions of Service. |
Hydro |
|
H7 |
Hydro Ottawa’s standard distribution network is
overhead for any voltage system along or through open fields, business parks,
rural areas, arterial, major collector and collector roads. Any additional premium costs beyond the
standard shall be at the Owner’s cost.
In all instances, electrical distribution above 27kV is via overhead
distribution. |
Hydro |
|
H8 |
The Owner shall be responsible for servicing the
buildings within the property. Only
one service entrance per property shall be permitted. |
Hydro |
|
H9 |
The Owner shall convey, at their cost, all required
easements as determined by Hydro Ottawa. |
Hydro |
|
H10 |
Prior to commencement of any construction
activities, the Owner shall inform Hydro Ottawa of any acute shock
construction process or rubbelization to be used during construction, and
apply Hydro Ottawa's work procedure UDS0022 "Protecting Electrical
Distribution Underground Plant & Support Structures from Acute Shock Construction
Processes". The Owner shall be responsible for any damage to Hydro
Ottawa distribution assets. |
Hydro |
|
H11 |
Hydro Ottawa prohibits any change of grade that
results in reduced life expectancy of the asset. Any change in grade of more than 0.3m in
the vicinity of proposed or existing electric utility equipment shall be
reviewed with Hydro Ottawa. The
proposed grade change around [__state where__] is more than 0.3m. |
Hydro |
|
H12 |
The Owner shall be responsible for all costs for
feasible relocations, protection or encasement of any existing Hydro Ottawa
plant. |
Hydro |
|
H13 |
The Owner shall ensure that any landscaping or
surface finishing does not encroach into existing or proposed Hydro Ottawa's
overhead or underground assets or easement.
When proposing to plant in proximity of existing power lines, the
Owner shall refer to Hydro Ottawa’s free publication "Tree Planting
Advice". The shrub or tree
location and expected growth must be considered. If any Hydro Ottawa related activity
requires the trimming, cutting or removal of vegetation, or removal of other
landscaping or surface finishing, the activity and the re-instatement shall
be at the owner’s expense. |
Hydro |
|
H14 |
The Owner is advised that there are overhead medium
voltage overhead lines along the XXX side of the property. The Owner shall ensure that no personnel or
equipment encroaches within three meters (3.0m) of the Hydro Ottawa overhead
medium voltage distribution lines, unless approved by Hydro Ottawa. The Owner shall contact Hydro Ottawa prior
to commencing work when proposing to work within 3.0m of the Hydro Ottawa
distribution lines as noted above. No
such work shall commence without approval of Hydro Ottawa. |
Hydro |
|
H15 |
The Owner shall ensure that no permanent structures
are located within the "restricted zone" defined by Hydro Ottawa’s
standard OLS0002, which can be found at
www.hydroottawa.com/development/. The
"restricted zone" surrounds overhead medium voltage pole lines,
consisting of a five-meter (5m) radial distance from overhead medium voltage
conductors, and a two-meters (2m) distance from a vertical line drawn from
the conductors to ground level along, the length of the pole line. This standard complies with the
requirements of the Ministry of Labour’s Occupational Health & Safety
Act, the Building Code and the Ontario Electrical Safety Code. |
Hydro |
|
H16 |
The Owner and its agents shall arrange for an
underground electricity cable locate by contacting Ontario One Call at
1-800-400-2255, not less than seven (7) working days prior to
excavating. There shall be no
mechanical excavation within 1.5m of any Hydro Ottawa underground plant
unless the exact position of plant is determined by hand digging methods. Direct supervision by Hydro Ottawa forces,
and protection or support of the underground assets shall be at the Owner’s
expense. |
Hydro |
|
|
Utilities
|
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|
U1 |
The Owner is hereby advised that prior to commencing
any work within the Draft Plan, the Owner must confirm that sufficient
wire-line communication/telecommunication infrastructure is currently
available to the proposed development to provide communication / telecommunication
service to the proposed development.
In the event that such infrastructure is not available, the Owner is
hereby advised that the Owner shall ensure, at no cost to the City, the
connection to and/or extension of the existing communication / telecommunication
infrastructure. The Owner shall be
required to demonstrate to the municipality that sufficient
communication/telecommunication infrastructure facilities are available
within the proposed development to enable, at a minimum, the effective
delivery of communication /telecommunication for emergency management
services (i.e. 911 Emergency Services). |
OTTAWA Planning |
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Noise
Attenuation
|
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N1 |
The Owner shall have a Noise Study undertaken
related to noise assessment and land use planning with respect to noises
generated by moving and stationary sources. The study shall be to the
satisfaction and approval of the General Manager, Planning and Growth Management
and shall a)
comply with the
City of Ottawa’s Environmental Noise Control Guidelines; and b)
the City of
Ottawa’s Standards for Noise Barriers and Noise Control Guidelines; and c)
address, and
be in accordance with, the current version of the Association of Professional
Engineers of Ontario Guidelines for Professional Engineers providing
Acoustical Engineering Services in Land Use Planning. |
OTTAWA Planning |
|
N2 |
The Owner
shall have a Noise Study undertaken
related to noise assessment and land use planning with respect to noises
generated by moving and stationary sources and in accordance with the City’s
Environmental Noise Control Guidelines. The study shall provide all
specific details on the methods and measures required to attenuate any noise
that exceeds the allowable noise limits in locations as determined by the
recommendations of the Noise Assessment Study. |
OTTAWA Planning |
|
N3 |
Where
structural mitigation measures are required as a result of the Noise
Assessment Study, the Owner shall provide, prior to final building
inspection, certification to the General Manager, Planning and Growth
Management, through a Professional Engineer, that the noise control measures
have been implemented in accordance with the approved study. |
OTTAWA Planning |
|
N4 |
The Owner is advised that if the lands are located
within the Composite 25 Noise Contour and the Airport Operations Influence
Zone Line for the Ottawa-Macdonald Cartier International Airport, despite any
measures used to attenuate aircraft noise, noise due to aircraft operations
may continue to interfere with some indoor and outdoor activities for the
residences, particularly during the summer months. The City is not
responsible if, regardless of the implementations of noise control measures,
the purchaser or occupant of the dwellings finds the noise levels due to
aircraft noise offensive and a concern. |
OTTAWA Planning and Airport Authority |
|
N5 |
The
Owner agrees that all purchase and sale agreements and the Deed for the whole
or any part of the lot/block on the Plan of Subdivision shall contain the
following clauses that shall be incorporated in all Transfers/Deeds from the
Owner so that the clauses shall be covenants running with the lands in the
Subdivision. NOTE TO
STAFF: The following warning clauses may be used individually or in
combination as appropriate for the case (modifications to the warning clauses
may be implemented by the City for site specific cases). Where included, the
following warning clauses shall be incorporated into agreements of purchase
and sale for the whole or any part of a lot or block on the Plan of
Subdivision deemed to be affected by noise, and registered separately
against the title. For further
information on warning clauses, reference is made to the Ministry of the
Environment document Procedure D-6-4, Appendix D: MCCR Bulletin No. 91003,
"Environmental Warning/Restrictions and Table 1.13 of the City’s
Environmental Noise Control Guidelines. |
OTTAWA Planning and Legal |
|
|
Warning
Clause Type A: "Transferees
are advised that sound levels due to increasing (road) (Transitway) (rail)
(air) traffic may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the City’s and the Ministry of the
Environment's noise criteria." |
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Warning Clause Type B: "Transferees
are advised that despite the inclusion of noise control features in the
development and within the building units, sound levels due to increasing
(road) (Transitway) (rail) (air) traffic may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the City’s
and the Ministry of the Environment's noise criteria." |
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|
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Warning
Clause Type C: "This
dwelling unit has been fitted with a forced air heating system and the
ducting, etc. was sized to accommodate central air conditioning. Installation
of 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 City’s and the Ministry of the Environment's noise criteria.
(Note: The location and installation of the outdoor air conditioning device
should comply with the noise criteria of MOE Publication NPC-216, Residential
Air Conditioning Devices and thus minimize the noise impacts both on and in
the immediate vicinity of the subject property.)" |
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|
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Warning
Clause Type D "This
dwelling unit has been supplied with a central air conditioning system which
will allow windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the City’s and the Ministry of the
Environment's noise criteria." |
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Warning
Clause Type E "Purchasers/Tenants
are advised that due to the proximity of the adjacent industry (facility)
(utility), sound levels from the industry (facility) (utility) may at times
be audible” |
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Warning Clause Type F “The Transferee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that the property/dwelling unit is located in a noise sensitive area due to its proximity to railway facilities and that noise, due to rail operations may interfere year round with some indoor activities and with outdoor activities, particularly during the summer months. The Transferee for himself, his heirs, executors, administrators, successors and assigns also acknowledges being advised that the railway operates 24 hours a day, which may affect the living environment of the residents of the property/area. The Transferee further acknowledges that the Canadian National Railway Company and the City of Ottawa are not responsible if the Transferee for himself, his heirs, executors, administrators, successor and assigns, finds that the noise levels due to rail operations, continue to be a concern or are offensive.” |
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Warning
Clause Type G “The
Transferee for himself, his heirs, executors, administrators, successors and
assigns acknowledges being advised that the property/dwelling unit is located
in a noise and vibration sensitive area due to its proximity to railway
facilities and that noise and/or vibration, due to rail operations may
interfere year round with some indoor activities and with outdoor activities,
particularly during the summer months. The Transferee for himself, his heirs,
executors, administrators, successors and assigns also acknowledges being
advised that the railway operates 24 hours a day, which may affect the living
environment of the residents of the property/area. The Transferee further
acknowledges that the Canadian National Railway Company and the City of
Ottawa are not responsible if the Transferee for himself, his heirs,
executors, administrators, successors and assigns, finds that the noise
and/or vibration due to rail operations continue to be of concern or are
offensive.” |
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Land Transfers
|
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LT1 |
The Owner shall convey, at no cost
to the City, all lands required for public purposes, including but not
limited to, reserves, road widenings, daylighting triangles, walkway blocks,
open space blocks, lands required for parks (or cash-in-lieu thereof) and for
storm water measures, to the satisfaction of the General Manager, Planning
and Growth Management. In particular, the Owner shall convey, at no cost to
the City, the following lands: i)
Pathway,
Walkway or Servicing Blocks –
ii)
Open Space Blocks – iii)
Watercourses (buffer strips/riparian
corridors) - iv)
Park
Blocks –
v)
Storm Water Management Blocks – vi)
Road Widening Blocks – vii)
0.3 m Reserve Blocks – viii)
Daylighting Triangles – ix)
Transit Corridors – x)
Wetlands – |
OTTAWA Planning and Legal |
|
LT2 |
The Owner
shall convey, at no cost to the City, any easements that may be required for
the provision of water and wastewater systems, in addition to underground or
overland stormwater drainage systems to the satisfaction of the General
Manager, Planning and Growth Management. |
OTTAWA Planning and Legal |
|
|
Development
Charges By-law
|
|
|
DC1 |
The Owner
acknowledges that some of the works of the Subdivision are eligible for
development charges revenues pursuant to the City’s applicable Development
Charges By-law and background study, as well as budget approval by City
Council where required. Such contributions are to be determined and agreed to
by the City, prior to the commencement of the associated Works or as agreed
to by the City. The Owner agrees to enter into any agreements that may be
required pursuant to the applicable Development Charges By-law. |
OTTAWA Planning and Legal |
|
DC2 |
The Owner
shall inform the purchaser after registration of each lot or block of the
development charges that have been paid or which are still applicable to the
lot or block. The applicable
development charges shall be as stated as of the time of the conveyance of
the relevant lot or block and the statement shall be provided at the time of
the conveyance. The statement of the
Owner of the applicable development charges shall also contain the statement
that the development charges are subject to changes in accordance with the Development
Charges Act, 1997 and the Education Development Charges Act. |
OTTAWA Planning and Legal |
|
DC3 DC4 |
The Owner acknowledges and agrees to
enter into any front-ending agreements with the City of Ottawa for (specify
the works) that are anticipated to be required in advance of the time as
approved by Council. The City shall repay the Owner for the cost of works as
noted herein in accordance with the approved Front-Ending Policy of the
City’s Development Charge By-law, and subject to budget approval of the
required expenditure by City Council in the year in which it is approved. The Owner acknowledges that for
building permits issued after January 15, 2010, payment of non-residential
development charges, excluding development charges for institutional
developments, may be calculated in two installments at the option of the
Owner, such option to be exercised by the Owner at the time of the application
for the building permit. The non-discounted portion of the development
charge shall be paid at the time of issuance of the building permit and the
discounted portion of the development charge shall be payable a maximum of
two years from the date of issuance of the initial building permit subject to
the following conditions: The Owner acknowledges that for
building permits issued after January 15, 2010, payment of non-residential
development charges, excluding development charges for institutional
developments, may be calculated in two installments at the option of the
Owner, such option to be exercised by the Owner at the time of the
application for the building permit. The non-discounted portion of the
development charge shall be paid at the time of |
OTTAWA Planning and Legal OTTAWA Planning and Legal |
|
|
issuance
of the building permit and the discounted portion of the development charge
shall be payable a maximum of two years from the date of issuance of the
initial building permit subject to the following conditions: (a)
a
written acknowledgement from the Owner of the obligation to pay the
discounted portion of the development charges; (b)
no
reduction in the Letter of Credit below the amount of the outstanding
discounted development charges; and (c)
indexing
of the development charges in accordance with the provisions of the
Development Charges By-law. The
Owner further acknowledges that Council may terminate the eligibility for
this two stage payment at any time without notice, including for the lands
subject to this agreement and including for a building permit for which an
application has been filed but not yet issued. For
the purposes of this provision, “discounted
portion” means the costs of eligible services, except fire, police and
engineered services, that are subject to 90% cost recovery of growth-related
net capital costs for purposes of funding from development charges. The
10% discounted potion, for applicable services, must be financed from
non-development charge revenue sources. “non-discounted
portion” means the costs of eligible services, fire, police and engineered services
that are subject to 100% cost recovery of growth-related net capital costs
for purposes of funding from development charges. |
OTTAWA Planning and Legal |
|
|
Survey
Requirements
|
|
|
Surv1 |
The Owner shall provide the final
plan intended for registration in a digital format that is compatible with
the City’s computerized system. (ALWAYS REQUIRED) |
OTTAWA Planning |
|
Surv2 |
The Plan
of Subdivision shall be referenced to the Horizontal Control Network in
accordance with the City requirements and guidelines for referencing legal
surveys. |
OTTAWA Surveys |
|
|
Closing
Conditions
|
|
|
C1 |
The City Subdivision Agreement shall
state that the conditions run with the land and are binding on the Owner's,
heirs, successors and assigns. |
OTTAWA Legal |
|
C2 (old Plan. Act) |
At any time prior to final approval
of this plan for registration, the City may, in accordance with Section 51
(18) of the Planning Act, as
it read on March 27, 1995, amend, delete or add to the conditions and
this may include the need for amended or new studies. |
OTTAWA Legal |
|
|
OR |
|
|
C2 Bill 163 and 20 |
At any time prior
to final approval of this plan for registration, the City may, in accordance
with Section 51 (44) of the Planning Act, amend, delete or add to the
conditions and this may include the need for amended or new studies. |
OTTAWA Legal |
|
C3 |
Prior to
registration of the Plan of Subdivision, the City is to be satisfied that
conditions (specify) have been fulfilled. |
OTTAWA Planning |
|
C4 |
The Owner
covenants and agrees that should damage be caused to any of the Works in this
Subdivision by any action or lack of any action whatsoever on its part, the
General Manager, Planning and Growth Management may serve notice to the Owner
to have the damage repaired and if such notification is without effect for a
period of two full days after such notice, the General Manager, Planning and
Growth Management may cause the damage to be repaired and shall recover the
costs of the repair plus the Management Fee |
OTTAWA Planning |
|
C5 (old) |
If the Plan(s) of
Subdivision has not been registered by (a date three years after the date
of draft approval will be inserted later), the draft approval shall be
subject to the City’s lapsing procedure.
Lapsing shall not occur until formal notification is given pursuant to
Section 51 (18) of the Planning Act as it read on March 27, 1995. |
OTTAWA Planning |
|
|
OR |
|
|
C5 Bill 163
and 20 |
If the Plan(s) of
Subdivision has not been registered by (a date at least three years after
the date of draft approval will be inserted later), the draft approval
shall lapse pursuant to Section 51 (32) of the Planning Act. Extensions may only be granted under the
provisions of Section 51 (33) of said Planning Act prior to the
lapsing date. |
OTTAWA Planning |
AMENDED
STANDARD SUBDIVISION AGREEMENT FOR PRIVATELY SERVICED LANDS AND REVISED
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Accord standard de lotissement modifié pour les
terrains desservis par des services privés et conditions révisées d’approbation
du plan provisoire de lotissement
acs2010-ics-pgm-0087 City-wide / À l'échelle de la
Ville
Dr. Ranjit Perera, President, Humanics Universal
Inc., had earlier registered by phone to speak to this item, but was not in
attendance during the consent portion of the agenda when this item was
considered and was “Carried” by the Committee.
He subsequently arrived and submitted a written statement (held on file
with the City Clerk). The main points of
Dr. Perera’s submission are summarized in his recommendations, as follow:
·
That the “No Touch
Area” clause be deleted;
·
That the Slope
Stability Guidelines be changed to separate out slope stability concerns and
environmental setback issues;
·
That the
definitions of “Development” be modified to provide greater freedom for
homeowners to reasonably enjoy their homesteads;
·
That onerous
conditions, such as work to be done in parkland, if any, be made more
reasonable; and
·
That a
differentiation be made between Builder Developer subdivisions and subdivisions
where the Developer’s only intention is to subdivide.
That
the Agriculture and Rural Affairs Committee recommend Council approve:
1. The new standard Subdivision Agreement for Privately Serviced
Lands as shown in Document 1.
2. The Standard Conditions of Draft Plan Approval for Subdivisions as
shown in Document 2.
3. That the General Manager, Planning and Growth
Management in consultation with the City Solicitor be authorized to modify the
terms and conditions contained in Documents 1 and 2:
(a) to add site
specific conditions where appropriate based on the information provided by the
applicant and the consultation process, and
(b) to
make revisions of a technical or administrative nature.
CARRIED