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
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 ŕ modifier, de
concert avec le chef du contentieux, les conditions énoncées aux documents 1 et
2:
(a)
afin d’ajouter des conditions particuličres
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.
2.1
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.
6.5 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 |
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 |
|
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
Sidewalks, Walkways, Fencing, and
Noise Barriers
Record of Site Condition/Contaminated
Soil
The City of
Ottawa's conditions applying to the approval of the final plan for registration
of XYZ Development Corporation's anywhere Subdivision (File No.) are as
follows:
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This
approval applies to the draft plan certified by ________________________,
Ontario Land Surveyor, dated ___________________,
showing_____________________ development. |
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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 |
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General |
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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.
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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Zoning |
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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 |
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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 |
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Roadway
Modifications
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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 |
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Highways/Roads
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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 |
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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 |
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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 |
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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 |
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HR5 |
The Owner shall provide the following site triangles
on the final plan: List required site triangles |
OTTAWA Planning and Legal |
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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 |
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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 |
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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 |
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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 |
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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 |
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HR11 |
The
design of all roads and intersections shall be to the satisfaction of the
General Manager, Planning and Growth Management. |
OTTAWA Planning |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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Public
Transit
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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Geotechnical |
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GT1 |
The Owner
covenants and agrees that the following clause shall be incorporated into all
agreements of purchase and sale for Lots (insert lots numbers), and
registered separately against the title: “The
Owner acknowledges that special soils conditions exist on this lot which will
require: (a) a
geotechnical engineer licensed in the Province of Ontario to approve any
proposal or design for a swimming pool installation on this lot prior to
applying for a pool enclosure permit or installing the pool; and (b) the
Owner to submit a copy of the geotechnical engineer’s report to the General
Manager, Planning and Growth Management at the time of the application for
the pool enclosure permit. The Owner
also acknowledges that said |
OTTAWA Planning |
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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 |
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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 |
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Sidewalks,
Walkways, Fencing, and Noise Barriers
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S1 |
The Owner
shall construct a x metre asphalt pathway within Block X as well as fencing
(specify type) at the perimeter of the walkway block and plantings (specify
type), to the satisfaction of the General Manager, Planning and Growth
Management. |
OTTAWA Planning |
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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 |
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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 |
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S4 |
The
Owner agrees to design and construct, at no cost to the City, 1.8 metre black
vinyl-coated chain link fences in accordance with the Fence By-law and all
other City Specifications, at the following locations: · ___________ |
OTTAWA Planning |
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S4.1 |
The Owner agrees that any
vinyl-coated chain link fence required to be installed under this Agreement,
shall be located a minimum of 0.15 metres inside the property line of the
private property. |
OTTAWA Planning |
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S5 |
The
Owner agrees to design and construct, at no cost to the City, 1.8 metre wood
privacy fences in accordance with the Fence By-law and all other City
Specifications, at the following locations: ·
_________ ·
_________ |
OTTAWA Planning |
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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 |
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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 |
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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 |
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S7 |
The
Owner agrees to design and erect, at no cost to the City, 1.8 metre 9-guage
galvanized chain link fence in accordance with City Specifications at the
following locations: ·
_________ ·
_________ |
OTTAWA Planning |
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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 |
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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”. |
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Landscaping/Streetscaping
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LS1 |
The Owner
agrees that for all single detached
and semi-detached lots, a minimum of 1 tree per interior lot and 2 trees per
exterior side yard lots shall be provided on the Landscape Plan to the
satisfaction of the General Manager, Planning and Growth Management. Said
streetscape plan shall also include trees at a 6-8 metre on-centre separation
distance the full extent of the road right-of-way abutting the future park
block(s). Should specific site constraints prevent said allocation of trees,
the required plantings shall be provided within any proposed park(s), open
space or environmental blocks, non-residential road right-of-way frontages,
stormwater management facility(s), or other suitable alternative location, to
the satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
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LS2 |
The Owner agrees to have a landscape
plan for the draft plan of subdivision prepared by a Landscape Architect. The
landscape p |
OTTAWA Planning
and Forestry Services |
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LS3 |
The Owner agrees to
implement the approved landscape plan to the satisfaction of the General
Manager, Planning and Growth Management. |
OTTAWA Planning and Forestry Services |
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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 |
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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 |
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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 |
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Gateway
Features
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GF1 |
Community
Features: The Owner
acknowledges and agrees that the proposed Community Gateway Feature(s)
located at_____________ shall be designed, constructed and certified by a
qualified professional and shall be in accordance with the City’s Design
Guidelines for Development Application Gateway Features, applicable by-laws
and policies as may be amended from time to time. The Community Gateway Feature shall be
subject to the approval of the General Manager, Planning and Growth
Management. The Owner shall deposit
security in the amount to be determined by the General Manager, Planning and
Growth Management prior to registration of the Plan to meet the on-going
maintenance obligations of the Feature by the Owner for a 5-year period after
the construction of the Feature. The
amount of security shall be determined by the General Manager of Planning and
Growth Management and will not be reduced or released until the expiration of
the 5-year period and certification by a qualified professional that the
Feature is constructed in accordance with the Guidelines and approved plans
and is in a good state of repair. The
Owner shall file copies of the aforementioned certification with the General
Manager, Planning and Growth Management.
During the warranty period the Owner shall be solely
responsible for the on-going upkeep and maintenance of the Community Gateway
Feature to the satisfaction of the General Manager, Planning and Growth
Management. The Owner shall be required to make a financial contribution to
the “Supplementary Maintenance Fund” as
determined by the General Manager, Planning and Growth Management prior to registration of the Plan in
accordance with the City’s Design Guidelines for Development Application
Gateway Features. |
OTTAWA Planning |
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GF2 |
Primary
Neighbourhood Features: The Owner
acknowledges and agrees that the proposed Primary Neighbourhood Gateway
Feature(s) located at_____________ shall be designed, constructed and
certified by a qualified professional and shall be in accordance with the
City’s Design Guidelines for Development Application Gateway Features,
applicable by-laws and policies as may be amended from time to time. The
Primary Neighbourhood Gateway Feature shall be subject to the approval of the
General Manager, Planning and Growth Management. The Owner shall deposit
security in the amount to be determined by the General Manager, Planning and
Growth Management prior to registration of the Plan, to meet the on-going
maintenance obligations of the Feature by the Owner for a 5-year period after
the construction of the Feature. The
amount of security shall be determined by the General Manager of Planning and
Growth Management and will not be reduced or released until the expiration of
the 5-year period and certification by a qualified professional that the
Feature is constructed in accordance with the Guidelines and approved plans
and is in a good state of repair.
During the warranty period the Owner shall be solely responsible for
the on-going upkeep and maintenance of the Primary Neighbourhood Gateway
Feature to the satisfaction of the General Manager, Planning and Growth Management.
The Owner shall be required to make a financial contribution to the
“Supplementary Maintenance Fund” as
determined by the General Manager, Planning and Growth Management prior
to registration of the Plan in accordance with the City’s Design Guidelines
for Development Application Gateway Features. |
OTTAWA Planning |
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GF3 |
Secondary
Neighbourhood Features: The Owner
acknowledges and agrees that the proposed Secondary Neighbourhood Gateway
Feature(s) located at_____________ is temporary only, shall be designed,
constructed and certified by a qualified professional and shall be in
accordance with the City’s Design Guidelines for Development Application
Gateway Features, applicable by-laws and policies as may be amended from
time to time. The Secondary Neighbourhood Gateway Feature shall be
subject to the approval of the General Manager, Planning and Growth
Management. The Owner shall deposit
security in the amount to be determined by the General Manager, Planning and
Growth Management at the time of registration
and/or prior to installation, to guarantee on-going maintenance and removal
of the Secondary Neighbourhood Gateway Feature, which will be released upon
satisfactory removal of the Secondary Neighbourhood Gateway Feature. The Owner shall be solely responsible for
the on-going upkeep and maintenance of the Secondary Neighbourhood Gateway
Feature until it is removed to the satisfaction of the General Manager,
Planning and Growth Management. |
OTTAWA Planning |
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GF4 |
Private/Condo
Features: 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 |
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Parks
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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 |
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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 |
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P3 |
The Owner acknowledges and agrees
that, subject to budget approval of the required expenditure by City Council
in the year in which it is approved, the City shall pay to the Owner an
amount of money for cash-in-lieu of parkland to reflect the amount of land
dedicated in excess of the requirements under s. 51 of the Planning Act. |
OTTAWA Planning |
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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 |
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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 |
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P6 |
The Owner
acknowledges and agrees that any encumbrances such as retaining walls,
utility lines or easements of any kind
on lands, or portion thereof encumbering the design and function of future
Park Block XX will not form part of the required Planning Act parkland
dedication requirements. |
OTTAWA Planning |
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P7 |
The Owner
acknowledges and agrees, at his expense, to erect on Park Block XX, at a
location(s) selected by the General Manager, Planning and Growth Management,
a professionally painted sign. Sign
material, size and installation and construction details shall be to the
satisfaction of the General Manager, Planning and Growth Management. This sign shall clearly read, in English
and in French: Future Parkland No
Dumping No
Removal Soil or Vegetation No
Storage of Materials The Owner further agrees to maintain
the sign (including graffiti removal) and that such sign shall be removed
only with the approval of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
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P8 |
The Owners shall not remove or
disturb any of the existing vegetation or topsoil on dedicated parkland
unless such removal or disturbance forms part of the remedial work approved
by the General Manager, Planning and Growth Management. If the Owner disturbs the parkland, it must
be reinstated to the satisfaction of the General Manager, Planning and Growth
Management. It
is the responsibility of the Owner to fill with clean earth fill, compact and
level the park block accordingly, providing for positive surface drainage.
The General Manager, Planning and Growth Management shall approve all works
and fill materials prior to being placed on site. |
OTTAWA Planning |
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P9 |
The Owner shall grade areas of
parkland where necessary, to the satisfaction of the General Manager,
Planning and Growth Management, so as to provide a uniform surface, free of
debris, necessary to establish a safe clean and maintainable surface. Park Blocks shall be graded in accordance
with the approved Grading Plan for the plan of subdivision. No storage of
building materials, including granular or topsoil, will be permitted on the
Park Block. |
OTTAWA Planning |
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P10 |
The Owner acknowledges and agrees to
supply and spread screened topsoil to City standards to a minimum depth of
150mm (200mm in the area of planned sports fields) over the entire park
block(s) including all disturbed areas. All screened topsoil shall be tested
and the tests submitted for approval prior to installation to the
satisfaction of the General Manager, Planning and Growth Management. The seed mix is to be approved in advance of application and the
Owner further acknowledges and agrees to notify the City of Ottawa prior to
the supply and spreading of topsoil and seed. |
OTTAWA Planning |
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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 |
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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 |
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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 |
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P14 |
(No Gates) No access from private property to
public property will be allowed. The Owner shall place the following clause
in each Agreement of Purchase and Sale and in Deeds for all Lots and Blocks “The
Transferee for himself, his heirs, executors, administers, successors and
assigns acknowledges being advised that gates accessing public property are
not permitted in the fences.” |
OTTAWA Planning |
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P15 |
(Gates
Permitted) No
access from private property to public property will be allowed without the
prior written approval of the
General Manager, Planning and Growth Management. The Owner shall place the
following clause in each Agreement of Purchase and Sale and in Deeds for all
Lots and Blocks “The
Transferee for himself, his heirs, executors, administers, successors and
assigns acknowledges being advised that gates accessing public property are
not permitted in the fences without the express written permission of the General Manager, Planning and Growth
Management.” |
OTTAWA Planning |
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P16 |
The Owner shall include a clause in
each Agreement of Purchase and Sale and in Deeds for all Lots and Blocks
which shall provide notification to all purchasers of lands within the
Subdivision that parkland within this subdivision and/or already existing in
the vicinity of the subdivision may have (select as appropriate): a)
active hard surface and soft surface
recreational facilities b)
active lighted sports fields c)
recreation and leisure facilities d)
potential community centre e)
library f)
day care g)
other potential public buildings/facilities. |
OTTAWA Planning |
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Environmental
Constraints
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EC1 |
The Owner acknowledges that the
(specify watercourse) is subject to the _________ Conservation Authority’s
“Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”
regulation, made under Section 28 of the Conservation Authorities Act,
R.S.O. 1990, c. C.27, as amended. The regulation requires that the Owner of
the property obtain a permit from the Conservation Authority prior to
straightening, changing, diverting, or interfering in any way with any
watercourse. Any application received in this regard will be assessed within
the context of approved policies for the administration of the regulation. |
OTTAWA CA Planning |
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EC2 |
The Owner shall have an Integrated
Environmental Review Statement prepared, in accordance with the policies of
the Official Plan, to the satisfaction of the General Manager, Planning and
Growth Management. |
OTTAWA Planning Env. Sust. CA |
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EC3 |
The Owner agrees to establish
a ____ metre “No Touch/No Development” setback of the watercourse,
described as a Block or a Part on a legal plan, established from the top of
bank. The final approved plan of
subdivision shall clearly show this setback. |
OTTAWA Planning CA |
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EC4 |
The Owner
acknowledges and agrees that the construction of the subdivision shall be in
accordance with the recommendation of (specify report i.e. Environmental
Impact Statement): ·
list specific recommendations |
OTTAWA Planning Env. Sust. CA |
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EC5 |
The Owner shall convey, at no cost
to the City, the following lands (Blocks xyz for the xzy river corridor).
Final configuration of the Blocks shall be in accordance with the xyz River
Conservation Plan. These lands shall
not be credited towards determining parkland dedication requirements. |
OTTAWA Planning Env. Sust. CA |
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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 |
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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 |
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EC8 |
The Owner shall prepare a
Homeowners’ Awareness Package highlighting the advantages and
responsibilities of a home or landowner living in the natural area. This package is to be included in all
Agreements of Purchase and Sale. |
OTTAWA Planning Env. Sust. CA |
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Record
of Site Condition/Contaminated Soil
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RSC1 |
The Owner shall be required to
submit to the General Manager, Planning and Growth Management and Chief
Building Official, a Record of Site Condition (RSC) completed in accordance with
the O.Reg. 153/04, and acknowledged by the Ministry of Environment. The RSC shall confirm that all or part of
the site will be suitable for the proposed use in accordance with O.Reg.
153/04. |
OTTAWA Planning Env. Sust. |
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Schools
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SC1 |
The
Owner acknowledges and agrees to reserve Block X on the draft plan of
subdivision as an X school site for the (specify Board) The final size,
configuration and servicing for the school site shall be to the satisfaction
of the (specify) School Board and the General Manager, Planning and Growth
Management. |
Specify Board |
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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.
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Specify Board |
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Archaeology
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ARC1 |
(i)
The Owner acknowledges having been required
to retain a licensed consultant archaeologist to undertake an archaeological
assessment of the entire property, including 1:10,000 scale mapping,
“Archaeological Site Record” and report(s); (ii)
The Owner agrees to implement the
recommendations of the approved assessment, including mitigation, through
preservation or removal and documentation of archaeological resources; and (iii)
The Owner agrees that no site works shall
take place until any archaeological resource conservation concerns have been
addressed. All of the
above noted conditions shall be to the satisfaction of the Ministry of Culture
and the General Manager, Planning and Growth Management. |
OTTAWA Planning and Ministry of Culture (Ministry
provides written clearance to the City prior to registration, usually at the
request of the applicant.) |
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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 |
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Stormwater
Management
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SW1 |
The Owner shall provide to the
General Manager, Planning and Growth Management any and all stormwater
reports that may be required by the City for approval prior to the
commencement of any works in any phase of the Plan of Subdivision. Such
reports shall be in accordance with any watershed or subwatershed studies,
conceptual stormwater reports, City or Provincial standards, specifications
and guidelines. The reports shall
include, but not be limited to, the provision of erosion and sedimentation control
measures, implementation or phasing requirements of interim or permanent
measures, and all stormwater monitoring and testing requirements. All reports shall be to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA Planning and CA |
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SW2 |
(a) Prior to the commencement of
construction of any phase of this Subdivision (roads, utilities, any off site
work, etc.) the Owner shall: i.
have a Stormwater Management Plan and an
Erosion and Sediment Control Plan prepared by a Professional Engineer in
accordance with Current Best Management Practices, ii. have said
plans approved by the General Manager, Planning and Growth Management, and iii. provide
certification to the General Manager, Planning and Growth Management through
a Professional Engineer that the plans has been implemented. (b) Any
changes made to the Plan shall be submitted to the satisfaction to the City
of Ottawa and the Conservation Authority. (c) The Owner shall implement an
inspection and monitoring plan to maintain erosion control measures. |
OTTAWA Planning |
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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 |
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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 |
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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 |
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SW6 |
The Owner shall design and
construct, as part of the stormwater management infrastructure, at no cost to
the City, a monitoring facility or facilities and vehicular access to the
satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA
Planning |
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SW7 |
The Owner agrees that the
development of the Subdivision shall be undertaken in such a manner as to
prevent any adverse effects, and to protect, enhance or restore any of the
existing or natural environment, through the preparation of any storm water
management reports, as required by the City.
All reports are to be approved by the General Manager, Planning and
Growth Management prior to the commencement of any Works. |
OTTAWA
Planning |
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SW8 |
The
Owner covenants and agrees that the following clause shall be incorporated
into all agreements of purchase and sale for the whole or any part of a lot
or block on the Plan of Subdivision, and registered separately against the
title: “The Owner acknowledges that some of
the rear yards within this subdivision are used for on-site storage of
infrequent storm events. Pool installation and/or grading alterations on some
of the lots may not be permitted and/or revisions to the approved Subdivision
Stormwater Management Plan Report may be required to study the possibility of
pool installation on any individual lot.
The Owner must obtain approval of the General Manager, Planning and
Growth Management of the City of
Ottawa prior to undertaking any grading alterations.” |
OTTAWA
Legal |
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Fisheries
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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 |
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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 |
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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 |
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F5 |
The Owner
agrees that no in-stream works will occur within [name watercourse] between __________
and _________ of any given year. |
OTTAWA
CA |
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Sanitary
Services
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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 |
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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 |
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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 |
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SS4 |
a)
extend
water, sanitary, and storm services a minimum of 2.0 meters onto private
property during installation before being capped; b)
install
hydro high voltage cable through the transformer foundations to maintain
adequate clearance from the gas main; c)
provide
and install conduits as required by each utility; d)
provide
and install transformer security walls when a 3.0 meters clearance, as
required by the Electrical Code, cannot be maintained. The design and
location of the security wall must be approved by the local hydro utility;
and e) install all road-crossing ducts at a depth not to exceed 1.2 meters from top of duct to final grade. |
OTTAWA Planning |
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Water
Services
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W1 |
The Owner
shall design and construct all necessary watermains and the details of
services and meters for the lots abutting the watermains within the subject
lands to the satisfaction of the General Manager, Planning and Growth Management. The Owner shall pay all related costs,
including the cost of connection, inspection and sterilization by City
personnel, as well as the supply and installation of water meters by the
City. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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Urban
Services
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US1 |
The Owner shall construct a water,
wastewater and stormwater system, including lot services from the water,
wastewater and stormwater systems to the street line inclusive of all
appurtenances to service the lands in the Subdivision according to the design
and City Specifications and Standards.
The Owner shall maintain such water, wastewater and stormwater systems,
including clearing of any blockages, until the City grants acceptance of the
systems. The construction and installation of all such systems shall be
subject to the approval of the General Manager, Planning and Growth
Management. All systems shall be constructed to an outlet according to the
approved designs. All systems 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, wastewater and stormwater systems as trunk services.
All water plant that provides
any active water service to a resident must be operated solely by the City. |
OTTAWA Planning |
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US2 |
(a) The Owner
shall submit detailed grading and drainage plans, servicing plans, and
reports, prepared by a Professional Engineer, for review and approval. All plans and reports shall be to the
satisfaction of the General Manager, Planning and Growth Management. (b) The Owner
shall implement the aforementioned plans and reports as approved by the
General Manager, Planning and Growth Management. |
OTTAWA Planning |
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US3 |
The Owner
shall be responsible for the provisions of the following works, including
oversizing and overdepth where appropriate, at its cost, in accordance with
plans approved by the General Manager, Planning and Growth Management, and/or
the Province; a. Watermains; b. Sanitary Sewers; c. Storm Sewers; d.
Roads and traffic plant(s); e.
Street Lights; f.
Sidewalks; g.
Landscaping; h.
Street name, municipal numbering, and
traffic signs; i.
Stormwater management facilities; and j.
Grade Control and Drainage. |
OTTAWA Planning |
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US4 |
The Owner shall not commence
construction of any Works or cause or permit the commencement of any Works
until the City issues a Commence Work Notification, and only then in
accordance with the conditions contained therein. |
OTTAWA Planning |
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US5 |
The Owner shall provide services oversized and overdepth to service lands
beyond the limits of the subdivision as required and to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA Planning |
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US6 |
The Owner shall not be entitled to a
building permit, early servicing, or commencement of work construction until
they can demonstrate to the satisfaction of the General Manager, Planning and
Growth Management that there is adequate road, sanitary, storm, and watermain
capacity. |
OTTAWA Planning |
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Rural
Services
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RS1 |
The Owner agrees that all well construction,
including test wells, shall be in accordance with the recommendations of the
approved Hydrogeological and Terrains Analysis Report, and that certification
by a Professional Engineer or Professional Geoscientist will be provided to
the (Specify) Conservation Authority in this regard. The Owner shall advise all prospective lot
purchasers, in the agreements of purchase and sale and in the Deed(s), of
these certification requirements. The
Owner also agrees that the Subdivision Agreement with the City of Ottawa will
require the (Specify) Conservation Authority to indicate satisfaction with
the well certification. |
OTTAWA Planning and CA |
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RS2 |
The Owner is advised that a clause
will be inserted into the Subdivision Agreement requiring that all agreements
of purchase and sale shall include the following notification. “The City
of Ottawa does not guarantee the quality or quantity of the groundwater. If,
at some future date, the quality or the quantity of the groundwater becomes
deficient, the City of Ottawa bears no responsibility, financial or
otherwise, to provide solutions to the deficiency, such solutions being the
sole responsibility of the homeowner.” |
OTTAWA planning and Legal |
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RS3 |
The registration of this subdivision shall be phased. Each phase of registration is to contain
not more than 40 lots. Prior to the
registration of each phase other than the first phase, the Owner shall submit
a performance review of the operation of wells and private sewage disposal
systems in the previous phase(s) of the development. Such review shall demonstrate that the
previous phase(s) are operating satisfactorily. A Professional Engineer, with experience in
hydrogeology, or a professional geoscientist shall prepare the performance
review. The final number of lots required for analysis must be supported in
the performance review, but in any case the performance review shall only be
prepared and submitted for review when a minimum of 50% of the lots in the
previous phase have been built and occupied for not less than three seasons,
and, when requesting the registration of any phase beyond the second phase, a
representative number of lots, to be
determined by the General Manager, Planning and Growth Management, in
the older phases must also be analysed.
Further, the Owner agrees that prior to the registration of each
phase, lots in that phase or any subsequent phase will not be offered for
sale. |
OTTAWA Planning and CA |
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Hydro
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79.
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H1 |
The Owner shall comply with Hydro Ottawa's
Conditions of Service and thus should be consulted for the servicing
terms. The document, including
referenced standards, guidelines and drawings, may be found at www.hydroottawa.com/development/. The Owner should consult Hydro Ottawa prior
to commencing engineering designs to ensure compliance with these documents. |
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80.
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H2 |
The Owner acknowledges that rear lanes servicing is
not permitted. |
Hydro |
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81.
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H3 |
The Owner shall pre-consult with Hydro Ottawa any
proposed reduction to the City of Ottawa three-metre minimum standard setback
prior to designing the electrical servicing, as it may affect the electrical
servicing design, timeline for installation and cost. This includes any proposed overhang
encroachment into the 3m-setback space. |
Hydro |
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82.
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H4 |
The Owner may be required to enter into an
Electrical Servicing Agreement with Hydro Ottawa Limited, to the satisfaction
of Hydro Ottawa. |
Hydro |
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H5 |
The Owner shall contact Hydro Ottawa to discuss
electrical servicing for the property.
By Hydro Ottawa commenting on this proposal, Hydro Ottawa has not
committed to, or approved the electrical servicing of the proposed
development. |
Hydro |
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H6 |
The Owner may be responsible for a Capital
Contribution payment(s) towards a distribution system expansion, if the
proposed development requires electrical servicing greater than can be
provided by the existing distribution system in the vicinity, either in
capacity or in extension limit. This
amount shall be in accordance with Hydro Ottawa's Contributed Capital Policy
and Conditions of Service. |
Hydro |
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H7 |
Hydro Ottawa’s standard distribution network is
overhead for any voltage system along or through open fields, business parks,
rural areas, arterial, major collector and collector roads. Any additional premium costs beyond the
standard shall be at the Owner’s cost.
In all instances, electrical distribution above 27kV is via overhead
distribution. |
Hydro |
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H8 |
The Owner shall be responsible for servicing the
buildings within the property. Only
one service entrance per property shall be permitted. |
Hydro |
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H9 |
The Owner shall convey, at their cost, all required
easements as determined by Hydro Ottawa. |
Hydro |
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H10 |
Prior to commencement of any construction
activities, the Owner shall inform Hydro Ottawa of any acute shock
construction process or rubbelization to be used during construction, and
apply Hydro Ottawa's work procedure UDS0022 "Protecting Electrical
Distribution Underground Plant & Support Structures from Acute Shock
Construction Processes". The Owner shall be responsible for any damage
to Hydro Ottawa distribution assets. |
Hydro |
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H11 |
Hydro Ottawa prohibits any change of grade that
results in reduced life expectancy of the asset. Any change in grade of more than 0.3m in
the vicinity of proposed or existing electric utility equipment shall be reviewed
with Hydro Ottawa. The proposed grade
change around [__state where__] is more than 0.3m. |
Hydro |
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H12 |
The Owner shall be responsible for all costs for
feasible relocations, protection or encasement of any existing Hydro Ottawa
plant. |
Hydro |
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H13 |
The
Owner shall ensure that any landscaping or surface finishing does not
encroach into existing or proposed Hydro Ottawa's overhead or underground
assets or easement. When proposing to
plant in proximity of existing power lines, the Owner shall refer to Hydro Ottawa’s
free publication "Tree Planting Advice". The shrub or tree location and expected
growth must be considered. If any
Hydro Ottawa related activity requires the trimming, cutting or removal of
vegetation, or removal of other landscaping or surface finishing, the
activity and the re-instatement shall be at the owner’s expense. |
Hydro |
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H14 |
The Owner is advised that there are overhead medium
voltage overhead lines along the XXX side of the property. The Owner shall ensure that no personnel or
equipment encroaches within three meters (3.0m) of the Hydro Ottawa overhead
medium voltage distribution lines, unless approved by Hydro Ottawa. The Owner shall contact Hydro Ottawa prior
to commencing work when proposing to work within 3.0m of the Hydro Ottawa distribution
lines as noted above. No such work
shall commence without approval of Hydro Ottawa. |
Hydro |
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H15 |
The Owner shall ensure that no permanent structures
are located within the "restricted zone" defined by Hydro Ottawa’s
standard OLS0002, which can be found at
www.hydroottawa.com/development/. The
"restricted zone" surrounds overhead medium voltage pole lines,
consisting of a five-meter (5m) radial distance from overhead medium voltage
conductors, and a two-meters (2m) distance from a vertical line drawn from
the conductors to ground level along, the length of the pole line. This standard complies with the
requirements of the Ministry of Labour’s Occupational Health & Safety
Act, the Building Code and the Ontario Electrical Safety Code. |
Hydro |
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H16 |
The Owner and its agents shall arrange for an
underground electricity cable locate by contacting Ontario One Call at
1-800-400-2255, not less than seven (7) working days prior to
excavating. There shall be no mechanical
excavation within 1.5m of any Hydro Ottawa underground plant unless the exact
position of plant is determined by hand digging methods. Direct supervision by Hydro Ottawa forces,
and protection or support of the underground assets shall be at the Owner’s
expense. |
Hydro |
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Utilities
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U1 |
The Owner is hereby advised that prior to commencing
any work within the Draft Plan, the Owner must confirm that sufficient
wire-line communication/telecommunication infrastructure is currently
available to the proposed development to provide communication/telecommunication
service to the proposed development.
In the event that such infrastructure is not available, the Owner is
hereby advised that the Owner shall ensure, at no cost to the City, the
connection to and/or extension of the existing communication/telecommunication
infrastructure. The Owner shall be
required to demonstrate to the municipality that sufficient
communication/telecommunication infrastructure facilities are available
within the proposed development to enable, at a minimum, the effective
delivery of communication /telecommunication for emergency management
services (i.e. 911 Emergency Services). |
OTTAWA Planning |
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Noise
Attenuation
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N1 |
The Owner shall have a Noise Study undertaken
related to noise assessment and land use planning with respect to noises
generated by moving and stationary sources. The study shall be to the
satisfaction and approval of the General Manager, Planning and Growth
Management and shall a)
comply with (i)
the City of
Ottawa’s Environmental Noise Control Guidelines; and (ii)
the City of
Ottawa’s Standards for Noise Barriers and Noise Control Guidelines; and b)
address, and
be in accordance with, the current version of the Association of Professional
Engineers of Ontario Guidelines for Professional Engineers providing Acoustical
Engineering Services in Land Use Planning. |
OTTAWA Planning |
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N2 |
The Owner
shall have a Noise Study undertaken
related to noise assessment and land use planning with respect to noises
generated by moving and stationary sources and in accordance with the City’s
Environmental Noise Control Guidelines. The study shall provide all
specific details on the methods and measures required to attenuate any noise
that exceeds the allowable noise limits in locations as determined by the
recommendations of the Noise Assessment Study. |
OTTAWA Planning |
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N3 |
Where
structural mitigation measures are required as a result of the Noise
Assessment Study, the Owner shall provide, prior to final building
inspection, certification to the General Manager, Planning and Growth
Management, through a Professional Engineer, that the noise control measures
have been implemented in accordance with the approved study. |
OTTAWA Planning |
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N4 |
The Owner is advised that if the lands are located
within the Composite 25 Noise Contour and the Airport Operations Influence
Zone Line for the Ottawa-Macdonald Cartier International Airport, despite any
measures used to attenuate aircraft noise, noise due to aircraft operations
may continue to interfere with some indoor and outdoor activities for the
residences, particularly during the summer months. The City is not
responsible if, regardless of the implementations of noise control measures,
the purchaser or occupant of the dwellings finds the noise levels due to
aircraft noise offensive and a concern. |
OTTAWA Planning and Airport Authority |
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N5 |
The
Owner agrees that all purchase and sale agreements, and the Deed(s) for the
whole or any part of the lot/block on the Plan of Subdivision shall contain
the following clauses that shall be incorporated in all Transfers/Deeds from
the Owner so that the clauses shall be covenants running with the lands in
the Subdivision. NOTE TO
STAFF: The following warning clauses may be used individually or in
combination as appropriate for the case (modifications to the warning clauses
may be implemented by the City for site specific cases). Where included, the
following warning clauses shall be incorporated into agreements of purchase
and sale for the whole or any part of a lot or block on the Plan of
Subdivision deemed to be affected by noise, and registered separately
against the title. For further
information on warning clauses, reference is made to the Ministry of the
Environment document Procedure D-6-4, Appendix D: MCCR Bulletin No. 91003,
"Environmental Warning/Restrictions and Table 1.13 of the City’s
Environmental Noise Control Guidelines. |
OTTAWA Planning and Legal |
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Warning
Clause Type A: "Transferees
are advised that sound levels due to increasing (road) (Transitway) (rail)
(air) traffic may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the City’s and the Ministry of the
Environment's noise criteria." |
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Warning Clause Type B: "Transferees
are advised that despite the inclusion of noise control features in the
development and within the building units, sound levels due to increasing
(road) (Transitway) (rail) (air) traffic may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the City’s
and the Ministry of the Environment's noise criteria." |
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Warning
Clause Type C: "This
dwelling unit has been fitted with a forced air heating system and the
ducting, etc. was sized to accommodate central air conditioning. Installation
of central air conditioning by the occupant will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the City’s and the Ministry of the Environment's noise criteria.
(Note: The location and installation of the outdoor air conditioning device
should comply with the noise criteria of MOE Publication NPC-216, Residential
Air Conditioning Devices and thus minimize the noise impacts both on and in
the immediate vicinity of the subject property.)" |
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Warning
Clause Type D "This
dwelling unit has been supplied with a central air conditioning system which
will allow windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the City’s and the Ministry of the
Environment's noise criteria." |
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Warning
Clause Type E "Purchasers/Tenants
are advised that due to the proximity of the adjacent industry (facility)
(utility), sound levels from the industry (facility) (utility) may at times
be audible” |
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Warning Clause Type F “The Transferee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that the property/dwelling unit is located in a noise sensitive area due to its proximity to railway facilities and that noise, due to rail operations may interfere year round with some indoor activities and with outdoor activities, particularly during the summer months. The Transferee for himself, his heirs, executors, administrators, successors and assigns also acknowledges being advised that the railway operates 24 hours a day, which may affect the living environment of the residents of the property/area. The Transferee further acknowledges that the Canadian National Railway Company and the City of Ottawa are not responsible if the Transferee for himself, his heirs, executors, administrators, successor and assigns, finds that the noise levels due to rail operations, continue to be a concern or are offensive.” |
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Warning
Clause Type G “The
Transferee for himself, his heirs, executors, administrators, successors and
assigns acknowledges being advised that the property/dwelling unit is located
in a noise and vibration sensitive area due to its proximity to railway
facilities and that noise and/or vibration, due to rail operations may
interfere year round with some indoor activities and with outdoor activities,
particularly during the summer months. The Transferee for himself, his heirs,
executors, administrators, successors and assigns also acknowledges being
advised that the railway operates 24 hours a day, which may affect the living
environment of the residents of the property/area. The Transferee further
acknowledges that the Canadian National Railway Company and the City of
Ottawa are not responsible if the Transferee for himself, his heirs,
executors, administrators, successors and assigns, finds that the noise
and/or vibration due to rail operations, continue to be of concern or are
offensive.” |
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Land
Transfers
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LT1 |
The Owner shall convey, at no cost
to the City, all lands required for public purposes, including but not
limited to, reserves, road widenings, daylighting triangles, walkway blocks,
open space blocks, lands required for parks (or cash-in-lieu thereof) and for
storm water measures, to the satisfaction of the General Manager, Planning
and Growth Management. In particular, the Owner shall convey, at no cost to
the City, the following lands: i)
Pathway,
Walkway or Servicing Blocks –
ii)
Open Space Blocks – iii)
Watercourses (buffer strips/riparian
corridors) - iv)
Park
Blocks –
v)
Storm Water Management Blocks – vi)
Road Widening Blocks – vii)
0.3 m Reserve Blocks – viii)
Daylighting Triangles – ix)
Transit Corridors – x)
Wetlands – |
OTTAWA Planning and Legal |
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LT2 |
The Owner
shall convey, at no cost to the City, any easements that may be required for
the provision of water and wastewater systems, in addition to underground or
overland stormwater drainage systems to the satisfaction of the General
Manager, Planning and Growth Management. |
OTTAWA Planning and Legal |
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Development
Charges By-law
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DC1 |
The Owner
acknowledges that some of the works of the Subdivision are eligible for
development charges revenues pursuant to the City’s applicable Development
Charges By-law and background study, as well as budget approval by City
Council where required. Such contributions are to be determined and agreed to
by the City, prior to the commencement of the associated Works or as agreed
to by the City. The Owner agrees to enter into any agreements that may be
required pursuant to the applicable Development Charges By-law. |
OTTAWA Planning and Legal |
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DC2 |
The Owner
shall inform the purchaser after registration of each lot or block of the
development charges that have been paid or which are still applicable to the
lot or block. The applicable
development charges shall be as stated as of the time of the conveyance of
the relevant lot or block and the statement shall be provided at the time of
the conveyance. The statement of the
Owner of the applicable development charges shall also contain the statement
that the development charges are subject to changes in accordance with the Development
Charges Act, 1997 and the Education Development Charges Act. |
OTTAWA Planning and Legal |
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DC3 DC4 |
The Owner
acknowledges and agrees to enter into any front-ending agreements with the
City of Ottawa for (specify the works) that are anticipated to be required in
advance of the time as approved by Council. The City shall repay the Owner
for the cost of works as noted herein in accordance with the approved
Front-Ending Policy of the City’s Development Charge By-law, and subject to
budget approval of the required expenditure by City Council in the year in
which it is approved. |
OTTAWA Planning and Legal |
|
The Owner acknowledges that for
building permits issued after January
15, 2010, payment of non-residential development charges,
excluding development charges for institutional developments, may be calculated in
two installments at the option of the Owner, such option to be
exercised by the Owner at the time of the application for the building
permit. The non-discounted portion of the development charge
shall be paid at the time of issuance of the building permit and
the discounted portion of the development
charge shall be payable a maximum of two years from the date of issuance of the
initial building permit subject to the following conditions: (a)
a
written acknowledgement from the Owner of the obligation to pay the
discounted portion of the development charges; (b)
no
reduction in the Letter of Credit below the amount of the outstanding
discounted development charges; and (c)
indexing
of the development charges in accordance with the provisions of the
Development Charges By-law. The
Owner further acknowledges that Council may terminate the eligibility for
this two stage payment at any time without notice, including for the lands
subject to this agreement and including for a building permit for which an
application has been filed but not yet issued. For
the purposes of this provision, “discounted
portion” means the costs of eligible services, except fire, police and
engineered services, that are subject to 90% cost recovery of growth-related
net capital costs for purposes of funding from development charges. The
10% discounted potion, for applicable services, must be financed from
non-development charge revenue sources. “non-discounted
portion” means the costs of eligible
services, fire, police and
engineered services, that are subject to 100% cost recovery of growth-related
net capital costs for purposes of funding from development charges. |
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Survey
Requirements
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Surv1 |
The Owner shall provide the final
plan intended for registration in a digital format that is compatible with
the City’s computerized system. (ALWAYS REQUIRED) |
OTTAWA Planning |
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Surv2 |
The Plan
of Subdivision shall be referenced to the Horizontal Control Network in
accordance with the City requirements and guidelines for referencing legal
surveys. |
OTTAWA Surveys |
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Closing
Conditions
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C1 |
The City Subdivision Agreement shall
state that the conditions run with the land and are binding on the Owner's,
heirs, successors and assigns. |
OTTAWA Legal |
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C2 (old Plan. Act) |
At any time prior to final approval
of this plan for registration, the City may, in accordance with Section 51
(18) of the Planning Act, as
it read on March 27, 1995, amend, delete or add to the conditions and
this may include the need for amended or new studies. |
OTTAWA Legal |
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OR |
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C2 Bill 163 and 20 |
At any time prior to final approval
of this plan for registration, the City may, in accordance with Section 51
(44) of the Planning Act, amend, delete or add to the conditions and
this may include the need for amended or new studies. |
OTTAWA Legal |
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C3 |
Prior to
registration of the Plan of Subdivision, the City is to be satisfied that
conditions (specify) have been fulfilled. |
OTTAWA Planning |
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C4 |
The Owner covenants and agrees that
should damage be caused to any of the Works in this Subdivision by any action
or lack of any action whatsoever on its part, the General Manager, Planning
and Growth Management may serve notice to the Owner to have the damage
repaired and if such notification is without effect for a period of two full
days after such notice, the General Manager, Planning and Growth Management
may cause the damage to be repaired and shall recover the costs of the repair
plus the Management Fee |
OTTAWA Planning |
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C5 (old) |
If the Plan(s) of Subdivision has
not been registered by (a date three years after the date of draft
approval will be inserted later), the draft approval shall be subject to
the City’s lapsing procedure. Lapsing
shall not occur until formal notification is given pursuant to Section 51
(18) of the Planning Act as it
read on March 27, 1995. |
OTTAWA Planning |
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OR |
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C5 Bill 163
and 20 |
If the Plan(s) of Subdivision has
not been registered by (a date at least three years after the date of
draft approval will be inserted later), the draft approval shall lapse
pursuant to Section 51 (32) of the Planning Act. Extensions may only be granted under the
provisions of Section 51 (33) of said Planning Act prior to the
lapsing date. |
OTTAWA Planning |