Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

26 January 2010 / le 26 janvier 2010

 

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 : John L. Moser, General Manager/Directeur général, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424 x 28869, John.Moser@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2010-ICS-PGM-0036

 

 

SUBJECT:

AMENDED STANDARD SUBDIVISION AGREEMENT AND CONDITIONS of draft approval

 

 

OBJET :

accord de lotissement standard modifié et conditions d’approbation du plan provisoire

 

 

REPORT RECOMMENDATIONS

 

That the Planning and Environment Committee recommend Council approve the following:

 

1.             The new standard Subdivision Agreement as shown in Document 1.

 

2.             The Standard Conditions of Draft Plan Approval 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 RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver ce qui suit :

 

1.             Le nouvel accord de lotissement standard, tel qu’il est indiqué dans le Document 1.

 

2.             Les conditions standard d’approbation du plan provisoire, tel qu’il est indiqué dans le Document 2.

 

3.             Que le directeur général, Urbanisme et Gestion de la croissance, soit autorisé à modifier, de concert avec le chef du contentieux, les conditions énoncées aux documents 1 et 2:

 

(a)               afin d’ajouter des conditions particulières s’il y a lieu, en fonction des renseignements fournis par le demandeur et du résultat de la  consultation;

 

(b)               afin d’apporter des révisions de nature technique ou administrative.

 

 

BACKGROUND

 

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, to increase efficiency in the development review process, and to increase consistency in the drafting/selection/inclusion of conditions of draft plan approval, staff and the development industry have identified the need for further refinements to the approved documents.

 

A similar review is being initiated for the Standard Site Plan Agreement and Conditions for Approval.  Updated versions of these documents are expected to be before Planning and Environment Committee and Council in the spring of 2010.

 

DISCUSSION

 

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. 

 

To improve consistency, the Agreement has been amended to incorporate the Conditions that will apply in all situations, while the Conditions have been drafted as a menu, to be specifically tailored to the individual characteristics and circumstances of each application for draft approval.  While some site-specific conditions not included in the list may continue to be required, the Conditions have been clarified and expanded to contemplate a variety of unique situations/circumstances.  When a site-specific 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 standard Subdivision Agreement and Standard Conditions of Draft Plan Approval will be used where appropriate for developments in the rural area.

 

CONSULTATION

 

The new standard Subdivision Agreement and Standard Conditions of Draft Approval were circulated to various internal Departments for review and comment. In addition extensive consultation was undertaken with the development industry over the past year and where feasible, proposed amendments have been made. The Legal Services Branch has also reviewed the Agreement and Conditions. 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

N/A

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

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

 

N/A

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

N/A

 

SUPPORTING DOCUMENTATION

 

Document 1    Standard Subdivision Agreement

Document 2    List of Standard Conditions for Draft Plan Approval

 

DISPOSITION

 

The Planning and Growth Management Department will work with Legal Services to implement the new Subdivision Agreement and Standard Conditions of Draft Approval. As of April 1, 2010 the new Subdivision Agreement will apply to all draft plan approvals.

 


Standard Subdivision Agreement                                                    DOCUMENT 1

 

 

STANDARD SUBDIVISION AGREEMENT

 

 

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         Construction of Works

 

            Section          5.1       Sewers

                                    5.2       Water Plant

                                    5.3       Services to Lot Lines

 

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

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-

 

CITY OF OTTAWA

 

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, services, 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 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;

 

“WATER PLANT” means the installation of watermains, services, meters, remote reading systems and appurtenances;

 

“WORKS” includes those services, installations, structures and other related activities, responsibilities and obligations listed in and required by this Agreement.

 

2.         GENERAL REQUIREMENTS

 

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 services and 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:

 

(i)            a Zoning Map or Schedule displaying the  zoning, at the time of Draft Approval, of all lands within and adjacent to the Subdivision;

 

(ii)          a print of the Approved Draft Plan of Subdivision and/or registered Plan of Subdivision;

 

(iii)         the 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;

 

(iv)         a print of the approved Composite Utility Plan;

 

(v)          a print of the approved Landscaping Plan;

 

(vi)         a copy of the approved Tree and Forest Conservation Report;

 

(vii)        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 bus routes, bus shelters, community mailboxes and streetlights, if available; and

 

(viii)      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.

 

3.2       On-Site Inspection

 

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)          All underground services within the Plan of Subdivision, including service connections, shall be installed within twenty-four (24) months of the date of registration of the Plan of Subdivision.

 

Underground services required to serve land outside the Subdivision shall be installed within twenty-four (24) months of registration;

 

(b)          Granular road base construction may commence immediately following the completion of the underground Works and shall be completed not later than six (6)months after Preliminary Approval of the underground services;

 

(c)          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 seventy-five percent (75%) 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 that front or abut a lot shall be constructed immediately after the completion of rough grading of the lot on which such walkways and pathways front or abut and immediately prior to the placement of fill and topsoil on the said lot.

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;

 

(m)        Boulevard and lot sodding 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;

 

(n)          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 shall be fully constructed upon occupancy of 10% of the adjacent lots/blocks;

 

(o)          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;

 

(p)          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 he 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 underground Works such as sewers and water systems being completed, tested, and useable; or

                                                ii.    all surface Works such as roadways, 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     Before Final Acceptance of a sanitary sewer and a storm sewer, the City will require a television examination, and in the event of a blockage being identified, the Owner shall remove, at its expense, any soil, sludge and other foreign material lodged in the sewer and re-camera the pipe.  The Owner shall, at its expense, carry out the television inspection within sixty (60) days prior to the expiry of the warranty period, between Preliminary Approval and Final Acceptance.  Upon completion of the televised inspection, the Owner shall provide, to the General Manager, Planning and Growth Management, a copy of the television inspection report acceptable to City Specifications or Standards.  The Owner shall give seventy-two (72) hours prior notification to the General Manager, Planning and Growth Management of its intention to commence television examination of a sewer or sewers. 

 

4.7.4     Upon the receipt of the sewer system television examination report, the City shall determine forthwith the extent of repairs, if any, required to be undertaken by the Owner in order to bring the sewer into compliance with the City Specifications or Standards and shall within twenty-one (21) days of receipt of the report provide the Owner with a deficiency list.  Repairs required to be carried out by the Owner shall be done under the supervision of the City.  Any Works not examined by the City prior to backfilling shall require re-excavation at the cost of the Owner.  If  in the opinion of the City, the repair is extensive and , further examination of the Workst is required, a further television and site inspection will be conducted by the City at the expense of the Owner.

 

4.7.5     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.

 

4.7.6     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. 

 

4.7.7     Upon the issuance of a Certificate of Final Acceptance of the Works, the ownership of the Works shall vest in the City.

 

4.7.8     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.         CONSTRUCTION OF WORKS

 

5.1.      Sewers

 

            The Owner shall construct a sanitary and storm drainage system, if required by this Agreement, including lot sewer services from the sewers to the street line inclusive of all appurtenances to service the lands in the Subdivision according to the design and City Specifications or Standards.  The Owner shall maintain such sewers, including clearing of any blockages until Final Acceptance is granted by the City.  The construction and installation of such sewers shall be subject to the approval of the General Manager, Planning and Growth Management.  All sewers shall be connected to an outlet according to the approved designs.  All sewers 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 sewers as trunk outlets.

 

5.2       Water Plant

 

            The Owner shall construct all Water Plants, if required by this Agreement, including lot services from the Water Plant to the street lines inclusive of all appurtenances to service the lands in the Subdivision according to the design and City Specifications or Standards.  The construction and installation of all such Water Plants shall be subject to the approval of the General Manager, Planning and Growth Management.  All Water Plants shall be constructed in accordance with the approved designs.  All Water Plants shall be of sufficient size, depth and at locations within the limits of the Subdivision, or on adjacent road allowances, to service lands outside the Subdivision which will, in the opinion of the General Manager, Planning and Growth Management, require the use of the Subdivision Water Plants as trunk water plants.

 

5.3       Services to Lot Lines

 

The Owner acknowledges and agrees that the services to the Lot lines of the Blocks on the Plan of Subdivision shall be subject to the review and approval of the General Manager, Planning and Growth Management.  Should the services be permitted, the Owner acknowledges and agrees to blank the services in the road allowance, at the expense of the Owner, if the services are not utilized.  The Owner further covenants and agrees to carry out all modifications of the services as required by the General Manager, Planning and Growth Management to suit any future Subdivision or Site Plan revisions.

 

6.         Utilities

 

6.1       Distribution Agreement

 

The Owner shall enter into a distribution agreement with the appropriate Utility providers for the installation of underground 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.

 

6.4.2.  Prior to the installation of any Utilities or the issuance of a Building Permit, the Composite Utility Plan shall be prepared by the Owner to the satisfaction of the Utility providers and shall be approved by the General Manager, Planning and Growth Management.

 

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 Sub Clause (b), 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 sidewalks after the Streets and 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 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 and services 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 adjustment of all ironworks and 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

 

The Owner shall construct curbs and sidewalks in accordance with City Specifications or Standards.

 

 

 

9.2         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 over and along the width and length of the area” not covered by the walkway.

 

9.3       Street and Pathway Block Lighting

 

The Owner shall construct and install Street and pathway block lighting within the lands contained in the Subdivision.  Street and pathway block light locations are to be shown on the Composite Utility Plan.  The Street and pathway block lighting shall be in accordance with City Specifications or Standards.

 

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

 

The Owner shall implement all specific noise control measures recommended in the approved noise 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.       Grading and Drainage

 

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 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.       Storm Water Management

 

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

 

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

 

The Owner shall provide and place No. 1 Nursery Sod and topsoil in accordance with the approved Landscape Plan and the Lot Grading Plan.

 

14.3    Certification

 

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 the 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, all required services (sanitary and storm sewers, water and hydro) to the lot line of each designated park and open space in accordance with City Specifications or Standards. 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 an assumed 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 underground Works and 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 3.0m of an existing hydrant or 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 shall 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 

 
                                                                        

                                                                        ) Larry O’Brien, Mayor

                                                                        )

                                                                        )

                                                                        )                                                                    

                                                                        ) Leslie Donnelly, Deputy City Clerk


 

SCHEDULE “A”

 

DESCRIPTION OF LANDS TO WHICH THIS AGREEMENT APPLIES

 

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: 

 

 

 

 

 

PLAN OF SUBDIVISION

 

 

Plan of Subdivision prepared by         and signed by   O.L.S. dated    201  shows the Plan of Subdivision referred to in Clause 1.  of this Agreement and the lands described in Schedule “A” hereof.  The final Plan will be registered in the Land Registry Office for the Land Titles Division No. 4 at the City of Ottawa.

 

 


 

 

SCHEDULE B

ESTIMATED COST OF WORKS TO BE CONSTRUCTED

 

 

DESCRIPTION

Phase 1

WORKS ON PUBLIC PROPERTY

 

Soft Servicing Items

LandscapingGateway Features

Typical House Lot

Fencing

Street Name & Regulatory Traffic Signage, Pavement Markings

Parking Lot

Side Walks, on site

Miscellaneous (Soft)

Sub Total Soft Servicing Items

Hard Servicing Items

Noise Attenuation

Curbs

Sidewalks

Lighting

Roads

Service Laterals

Storm Sewers

Sanitary Sewers

Water

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

Side Walks, on site

Miscellaneous (Soft)

Sub Total Soft Servicing Items

Hard Servicing Items

Noise Attenuation

Curbs

Sidewalks

Lighting

Roads

Service Laterals

Storm Sewers

Sanitary Sewers

Water

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

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

 GST on balance due (6%)

TOTAL CASH PAYABLE BY CERTIFIED CHEQUE

Sub Total - Balance Due

 

Total Design Review and Inspection Fee plus GST

 

Cash-in-lieu of Parkland

Encroachment Fees

Sanitary Sewer Fees

Storm Sewer Fees

 

 

Stormwater Development Charge

Parkland Assessment Fee

Agreement Planning Fee

Special Charges

+

-

 

MAP Report Ver: 1

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

 GST on balance due (6%)

TOTAL CASH PAYABLE BY CERTIFIED CHEQUE

Sub Total - Balance Due

Total Design Review and Inspection Fee plus GST

 

Cash-in-lieu of Parkland

Encroachment Fees

Sanitary Sewer Fees

Storm Sewer Fees

Stormwater Development Charge

Parkland Assessment Fee

Agreement Planning Fee

Special Charges

+

-

MAP Report Ver: 1

 

100% of Total Estimated Cost of Works Off Site

100 % of Total Estimated Cost of Works On Site

 

 

 

2.2 Reduced by Original Inspection/Review Fee


SCHEDULE “D”

 

MUNICIPAL COVENANTS

 

(a)      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.

 

(b)    The Transferee, for himself, his heirs, executors, administrators, successors and assigns covenants and agrees that he will not commence construction of any buildings unless;

 

(i)   a building permit has been issued;

(ii) all requirements with respect to underground Works, road base granulars and first lift of asphalt have been carried out on the Roads on which the subject lot fronts;

(iii)      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

(iv)      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.

 

(c)    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.

 

(d)    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.

 

(e)    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.

 

(f)     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.

 

(g)    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

 

 

(a)  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,

 

 

(b)  The purchaser acknowledges that a fire hydrant may be located or relocated at any time in front of any lot/block on the Plan of Subdivision to the satisfaction of the General Manager, Planning and Growth Management.

 

(c)  The purchaser acknowledges that no driveway shall be located within 3.0m of a fire hydrant and that no objects, including vegetation shall be placed or planted within a 3.0m corridor between a fire hydrant and the curb, nor a 1.5m radius beside or behind a fire hydrant.

 

(d)  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.

 

(e)  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.

 

(f)   The purchaser of any lot or block fronting on a street in which a sidewalk 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 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.

 

(g)  The purchaser of any lot or block hereby acknowledges being advised of:

 

                                          i.    An approved Composite Utility Plan

 

                                        ii.    General plan of services required to be provided by the Owner pursuant to the Subdivision Agreement for the lot or block;

 

                                       iii.    The proposed location possible bus shelters and pads and paved passenger standing areas at bus stops;

 

                                       iv.    The proposed location for the community mailboxes within the Subdivision;

 

                                        v.    The proposed driveway location;

 

                                       vi.    The proposed location of any streetlights, hydro transformers and utility pedestals abutting the lot;

 

                                      vii.    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

 

                                    viii.    The proposed location of the potential bus routes including temporary bus routes.

 

                                       ix.    The approved Official Plan designation for the Subdivision.

 

 

(h)  The purchaser further acknowledges and agrees not to install a pool or landscaping prior to Final Acceptance of grading by the City.

 

(i)    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.

 

(iv) Optional insurance program to subsections 2(a)(i) to 2(b)(iii) inclusive.  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

 

(v) 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. 

 

(vi) 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.

 

(vii) 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. 

 

(viii) 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. 

 

(ix) 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.

 

3.         Financial Security

 

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 construction of services and 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 the construction of service 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 services. 

 

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 the services under such Road have 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, City services within the Plan of Subdivision may be installed provided appropriate financial security, insurance and a letter of indemnity are posted with the City, to the satisfaction of the Deputy City Clerk, Legal Services Branch.


SCHEDULE “G”

 

TRANSFER OF LANDS FOR PUBLIC PURPOSES

 

            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:

CITY OF OTTAWA

Treasury Division                                                                       Name of the Company

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:                                                                          

 

 


List of Standard Conditions for Draft Plan Approval                                        DOCUMENT 2

 

 

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

 

General 77

Zoning.. 77

Roadway Modifications. 77

Highways/Roads. 77

Public Transit 77

Geotechnical 77

Sidewalks, Walkways, Fencing, and Noise Barriers. 77

Landscaping/Streetscaping.. 77

Gateway Features. 77

Parks. 77

Environmental Constraints. 77

Record of Site Condition/Contaminated Soil 77

Schools. 77

Archaeology. 77

Stormwater Management 77

Fisheries. 77

Sanitary Services. 77

Water Services. 77

Urban Services. 77

Rural Services. 77

Hydro.. 77

Utilities. 77

Noise Attenuation. 77

Land Transfers. 77

Development Charges By-law.. 77

Survey Requirements. 77

Closing Conditions. 77

 

 

 

 

 

 

 

 

 

 

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

 

 

G3

The Owner acknowledges that this Subdivision shall not be registered nor shall any works be permitted to commence until such time as all required approvals have been obtained and satisfactory arrangements, such as a pre-servicing agreement, for the provisions of roads, sewers and water supply to the Subdivision has been made to the satisfaction of the General Manager, Planning and Growth Management, and a Commence Work Notification has been issued.

 

OTTAWA Planning and

Legal

 

 

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 proposed 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 of 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 engineer will be required to certify that the construction has been completed in accordance with his/her recommendation and that a copy of the certification or report will be submitted to the General Manager, Planning and Growth Management.”

 

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 the City’s Approved Slope Stability Guidelines for Development Applications, as may be amended from time to time. The Owner 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 effect 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

 

 

 

Sidewalks, Walkways, Fencing, and Noise Barriers

 

 

 

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

 

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

 

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

 

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 0.15 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

 

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

 

 

 

Landscaping/Streetscaping

 

 

 

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

 

LS2

The Owner agrees to have a landscape plan for the draft plan of subdivision prepared by a Landscape Architect. The landscape plan shall include detailed planting location and species list, pathway width and materials, access points, fencing requirements and fencing materials and shall be approved by the General Manager, Planning and Growth Management prior to subdivision registration.

 

OTTAWA

Planning and Forestry Services

 

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. When should this be done?  Prior to undertaking any works on the site?

 

OTTAWA

Planning and Forestry Services

 

 

Gateway Features

 

 

 

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

 

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

 

GF4

Private/Condo Features: Is this one more a clause for either a site plan or condominium application?

 

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

 

 

Parks

 

 

 

P1

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.

 

OTTAWA Planning

 

P2

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.

 

OTTAWA

Planning

 

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

 

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

 

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

 

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 sward 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

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 subject to the approval of the General Manager, Planning and Growth Management.

 

OTTAWA

Planning

 

P13

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, 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

 

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

 

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

 

 

Environmental Constraints

 

 

 

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

 

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

 

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

 

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

 

 

Record of Site Condition/Contaminated Soil

 

 

 

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.

 

 

 

 

Schools

 

 

 

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

 

 

 

 

Archaeology

 

 

 

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.)

 

ARC2

The Owner shall adhere to the procedures of the “Contingency Plan for the Protection of Archaeological Resources in Urgent Situations” as approved by the Ministry of Culture in the Archaeological Resource Potential Mapping Study of the City.

 

OTTAWA Planning

 

 

Stormwater Management

 

 

 

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

 

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

 

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

 

 

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

As the Owner proposes a road allowance(s) of less than 20 meters, and if the Owner also proposed boulevards between 4.0 and 5.0 meters wide, the Owner shall meet the following requirements:

 

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

 

 

Water Services

 

 

 

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.

 

OTTAWA Planning

 

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

(1)  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

(2)  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

 

 

Urban Services

 

 

 

US1

The Owner shall construct a water, wastewater and stormwater system, including lot services from the water, wastewater and stormw