COMMITTEE OF THE WHOLE MEETING NOVEMBER 7, 2016
REPORT #ENG-2016-68
OXNARD BEETON INC. KINGS GATE ALLISTON SUBDIVISION, COMMUNITY OF ALLISTON AMENDING SUBDIVISION AGREEMENT, PHASE 1
RECOMMENDATION
That Report #ENG-2016-68 be received;
And further that the necessary by-law be enacted authorizing the Mayor and Clerk to execute the Amending Subdivision Agreement #1 between Oxnard Beeton Inc. and the Town to facilitate the continued development of Phase 1 of the Kings Gate Alliston Plan of Subdivision NT-T-0903 in the Community of Alliston, Town of New Tecumseth, substantially in the form attached to Report ENG-2016-68, subject to the Town Solicitor’s final clearance.
OBJECTIVE
The purpose of this report is to seek Council's approval to execute an Amending Subdivision Agreement with Oxnard Beeton Inc. to facilitate the continued development of Phase 1 of the Kings Gate Alliston Subdivision, in the Community of Alliston, Town of New Tecumseth.
BACKGROUND
The Kings Gate Alliston Plan of Subdivision NT-T-0903 is located in the Community of Alliston. The Phase 2 lands consist of 5.95ha and are located at the south east corner of Industrial Parkway and King Street and are legally described as Part Lot 1, Con 14, Tecumseth, Parts 1 and 2, Plan 51R-2340 lying SW of Part 1 RO1370594, New Tecumseth. PIN 58131-0185, as shown on Attachment No.1.
Nautical Lands Group Alliston Inc. purchased the 9.17 hectares of land at the southeast corner of King Street and Industrial Parkway from the Town on June 20, 2006. Nautical Lands Group had started to develop these lands into a retirement community (Kingsmere Retirement).
A Site Plan Agreement for the Phase 1 works was executed between the Town and 2088785 Ontario Inc. (Nautical Lands Group) on August 27, 2007, which was registered on title as Instrument No. SC591823 on October 15, 2007. That Agreement covered the development of the Phase 1 area, including the construction of the 6-storey low-rise retirement building, Stormwater Management Pond, associated infrastructure, driveways and parking areas. The Phase 1 works were completed in August 2009.
Report #ENG-2016-68, November 7, 2016
A Development Agreement was executed between the Town and 2088785 Ontario Inc. (Nautical Lands Group) on August 27, 2007, which was registered on title as Instrument No. SC591831 on October 15, 2007. The Agreement covered the requirement to reconstruct a portion of King Street along the Phase 1 frontage as well as to construct the necessary stormwater outlet across the Town owned lands.
A Grading and Earthworks Agreement was executed between the Town and 2088785 Ontario Inc. (Nautical Lands Group) on June 28, 2010. The Agreement allowed the Developer to commence earthworks and grading works once the Town acknowledged that the grading design is complete and to their satisfaction. The grading works are considered to be substantially complete.
A Subdivision Model Home Agreement was executed between the Town and 2088785 Ontario Inc. (Nautical Lands Group) on August 30, 2010. The Agreement allowed the Developer to construct seven (7) model homes, on the prescribed blocks, prior to the registration of the Plan of Subdivision entirely at his own risk. Construction of the Model Homes are nearing completion at the time of this report.
The Plan of Subdivision, file NT-T-0903, was given draft plan approval by the Council of the Town of New Tecumseth on October 4, 2010.
The low-rise retirement building Block was severed in 2011 and an Agreement was registered to allow for the completion of the servicing of the site. The Developer advised that they planned to sell the low-rise retirement building site and develop the remainder of the site.
A Pre-Servicing Agreement was executed between the Town and 2088785 Ontario Inc. (Nautical Lands Group) on August 29, 2011, which was registered on title as Instrument No. SC962356 on February 9, 2012. The Agreement allowed the Developer to proceed with the pre-servicing of the Phase 1 Subdivision lands. The pre-servicing of all the internal and external site services (water, storm and sanitary sewer) have been completed for Phase 1.
The Ministry of the Environment Certificates of Approval for municipal and private Storm and Sanitary works were signed by the Town and submitted by the Developer’s Consultant in May 2011. An Amended Approval for the stormwater management system (Approval #4699-8TQJMV) was received from the Ministry in May 2012. The Approval for municipal Storm and Sanitary works (Approval #7064-8UTKVA) was received from the Ministry in June, 2012.
Through Council Report ENG-2013-09, Staff recommended that a Subdivision Agreement be entered into between the Owner (York-Hop Corp.) for the Phase 1 lands. The Subdivision Agreement was executed by all parties pursuant to By-Law 2013-026, and registered on title as Instrument No. SC1055620 on May 9, 2013.
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Following the execution of the Agreement, the Owner constructed a number of residential units within the Phase 1 lands.
The lands have recently been purchased by Oxnard Beeton Inc., who desire to continue with the development of the property. As Oxnard is proposing to construct two-storey units within the Plan lands which were not contemplated in the Acoustic Report provided in support of the Original Subdivision Agreement, as well as the fact that a portion of the lands have changed ownership, an Amending Agreement is required to be entered into by the property owner. The lands which will be subject to the Amending Subdivision Agreement are illustrated on Attachment No. 2.
COMMENTS AND CONSIDERATIONS
The draft of the substantially complete Amending Subdivision Agreement is included as Attachment No. 3 to this report and has been prepared in consultation with the Town's Solicitor. The Amending Subdivision Agreement contains new clauses which have become standard in Subdivision Agreements since the previous developer entered into the Original Subdivision Agreement in 2013. In addition, the Agreement references the updated Acoustical Report which was prepared by the Developer's Consultant in support of the construction of 2-storey units, as well as the Addendum to the Urban Design Report (UDR) which identifies a number of design criteria for 2-storey semi- detached and townhouse dwellings which were not initially envisioned within the original UDR.
As the Amending Agreement solely relates to permitting the construction of two-storey units within the development lands, and in consideration of the fact that the Phase 1 lands were pre-serviced a number of years ago through a Pre-Servicing Agreement, updated drawings and reports, aside from those mentioned above, were not required to be submitted to the Town for review and comment.
The Subdivision Agreement contains all the Town’s standard Subdivision Agreement requirements. The following points highlight some of the requirements and remaining issues within the Agreement.
Access Roads and Haul Routes New standard text has been added to the Amending Subdivision Agreement to bring the Agreement up-to-date with respect to access and haul route provisions. The provisions of the Agreement require the Developer to ensure that appropriate haul routes are used during the construction of any works associated with the development, and that the approved haul route cannot be amended, changed or altered without written authorization from the Town. The text further identifies restrictions for construction traffic passing by schools at the start and dismissal times, as well as the application of penalties in the form of liquidated damages in the event of a documented failure to comply with the haul route.
Page 3 of 38 Report #ENG-2016-68, November 7, 2016
Mud, Dust and Weed Control New standard text has been added to the Amending Subdivision Agreement to bring the Agreement up to date with respect to the Developer's obligations for controlling mud, dust and weeds on the property. A Dust Control Plan is to be provided by the Developer to identify how they are to deal with reducing the impacts of dust and mud during the development of the site. Further, the Developer shall be responsible for ensuring that the on-site erosion and sediment control measures required on the site are inspected on a weekly basis, and that the inspection and any maintenance and/or repair activities are documented.
Development Charges The Amending Agreement acknowledges that all residential developments or phases thereof are bound by payment of 40% of the hard service (water, wastewater and transportation) development charges upon entering into the agreement. The remaining hard service development charges will be collected upon issuance of each building permit after 40% of permits have been issued. In the event that all permits have not been issued within one year after entering into an agreement, all remaining hard service development charges shall be paid. The aforementioned policies are per Council Resolution 2015-185, and text is included in Schedule "H-1" of the Amending Agreement to reflect the requirements and timelines.
It is to be noted that a number of building permits for the construction of single storey homes, which are permissible under the Original Agreement, have been issued for the Development lands and the Development Charges have been paid; as such, these units have been excluded from the Development Charges calculations. It is further noted that the Developer has applied for Building Permits for a number of units which have not been issued at the time of Agreement preparation. As such, the Development Charge calculations are based on the number of units which have not had Building Permits issued at this time, which is equal to 29 units. Regardless of any Building Permits obtained and Development Charges paid for units between Council Approval and execution of the Agreement, the Developer shall pay the amounts identified in Schedule "H-1" upon execution.
The Developer is entitled to a partial Development Charge Credit for the transportation component under this Amending Subdivision Agreement for the construction of an acoustical barrier undertaken under the Original Agreement.
Warning Clauses The Agreement requires the Developer to include warning clauses in all offers and agreements of purchase and sale with respect to such matters as: noise, provision for schools, parks, easements, minimum driveway width and length and drainage. The applicable warning clauses are contained within Schedule "Q-1".
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Urban Design An Addendum to the Urban Design Report (UDR)was approved by Council on July 11, 2016. The Addendum to the UDR provided urban design criteria for the use of two- storey units which were not contemplated in the original UDR. The UDR proposed floor plans which provided for an interior courtyard arrangement on the semi-detached and townhouse units, which would allow for the use of sensitive uses (i.e. bedrooms) on the second storey with windows facing the interior courtyard, as they are not permitted to face the nearby industrial facility in accordance with the Draft Plan Conditions and Minutes of Settlement.
Acoustical Requirements The Acoustic Report provided in support of the Original Subdivision Agreement for the subject development lands only contemplated the construction of single-storey plus loft units, whereas the new developer intends to construct two-storey units. As such, the Developer's Consultant prepared an updated Noise Study for the plan lands to address any acoustical mitigation measures which would be required as a result of the construction of said units. The Draft Plan Conditions for the development lands contain a number of restrictions on the house construction as a result of the nearby industrial facility (Nissin Transport (Canada) Inc.). The Draft Plan Conditions for the development contained a number of restrictions which were a result of the original Acoustic Report prepared in support of the Plan lands in 2002, as well as the Minutes from the 2002 Ontario Municipal Board Minutes of Settlement.
A Noise Impact Study was prepared by the Developer's Acoustical Consultant based on the proposed building configurations identified in the Addendum to the UDR, where second storey windows for sensitive uses (i.e. bedrooms) are facing the interior courtyard, and not the nearby industrial lands. In accordance with the 2002 OMB Minutes of Settlement and the Draft Plan Conditions for the development, the Study was provided to Nissin for their review. In keeping with the Draft Plan Conditions, Nissin provided the Town written confirmation that they were in acceptance of the findings of the Noise Study within the prescribed 45-day period. The Noise Study was also reviewed by the Town's Peer Review consultant and found to be acceptable.
The Amending Agreement identifies the specifics regarding acoustical mitigation in the form of acoustic barriers and ventilation to facilitate the future installation of air conditioning by the owners, as well as a number of warning clauses to be registered on title related to noise. In addition, the Agreement includes conditions for the Developer's Acoustical Consultant to certify that the acoustically-related features have been integrated into the design of the houses prior to the issuance of the building permits, as well as to certify that all of the acoustically-related features have been properly constructed in the houses prior to the occupancy of the units.
Permits The development lands fall within the regulated area which is under the jurisdiction of the Nottawasaga Valley Conservation Authority(NVCA). A permit for the Phase 1 works
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was issued by the NVCA in December 2012, however, the permit has since lapsed. Staff require the Developer to obtain an extension to the NVCA permit, or provide the necessary clearance from the NVCA advising that a further permit is not required, prior to commencing the works.
Outstanding Items The provision of a Dust Control Plan to the Town remains outstanding at this time.
The Solicitor has advised that the above issue is minor in nature and will not impact on the intent of the Agreement and he is satisfied that the Agreement can proceed to Council at this time.
The draft Subdivision Agreement is provided substantially in the form attached hereto as Attachment No. 3. This Agreement has been circulated to the various Town Departments for comments, and all comments raised to date have been incorporated into the attached draft Agreement. The Agreement has been circulated to the Developer; they are aware of the outstanding issues and have no concerns with the Agreement going forward in its present form.
FINANCIAL CONSIDERATIONS
In accordance with this Amending Agreement, the Developer is required to pay the following upon execution of the Amending Subdivision Agreement:
1 Taxes All taxes to be paid before registration 2 Parkland Cash-In-Lieu Cash-In-Lieu of Parkland is not required 3 Local Improvements No local improvement charges 4 Water used for testing and flushing of $NIL the internal watermain as per Schedule 'H-1' 5 Benchmark Installation as per Schedule $NIL "H-1" 6 Development Charges for 40% of Building Permits (i.e. 12 units) payable upon execution of Agreement Water $72,224.00 Sanitary $142,080.00 Transportation $100,738.00 7 Development Charges due prior to or upon 1 year Anniversary Water $102,468.00 Sanitary $201,577.00
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Transportation $152,352.00 8 Fee for Staff time associated with the $1,000.00 preparation of the Agreement 10 Registration of Plan $500.00
In accordance with the Schedule "F-1" of the Amending Agreement, the Developer provided the necessary security for the works under the Original Phase 1 Subdivision Agreement upon purchase of the Lands, and the previous owner's securities were released. As such, no additional securities are required under this agreement.
Respectfully submitted:
______Rayna Thompson, C.E.T Senior Engineering Coordinator
Attachments:
□ ENG-2016-68 - Attachment No. 1 - Location Plan □ ENG-2016-68 - Attachment No. 2 - Lands Purchased by Oxnard □ ENG-2016-68 - Attachment No. 3 - Draft Amending Agreement #1
Approved By: Department: Status: Rick Vatri, C.E.T. Engineering Approved - 03 Nov 2016 Lori Bedford Corporate Services Approved - 03 Nov 2016 Blaine Parkin, P. Eng. Deputy CAO Approved - 03 Nov 2016 Brendan Holly CAO Approved - 03 Nov 2016
Page 7 of 38 ENG-2016-68 Attachment No. 1 Location Plan µ
187 16 15 ANDERSON ROAD 190 ALLISTON 27 23
48 8 6 50 WARMAN STREET BEETON Sorbara 9.6 Acres KNIGHT STREET 9 7 5 Phase 1 MORRISONAVENUE 8 6 4 2 HOLT DRIVE TOTTENHAMFALKNER ROAD
KING STREET SOUTH
WALKER BOULEVARD 235
INDUSTRIAL PARKWAY Far Sight (Greenfilelds II) Phase 2
Existing Retirement Phase 1 7300 Building New Tecumseth Recreation Centre (NTRC)
Future Phase 2 Nissin Transport (Canada) Inc.
4621
ELLIS STREET
4609
4575
ADJALA-TECUMSETH TOWNLINE
7133
0 37.5 75 150 225 300 M
1:4,080 Page 8 of 38 Created by the Town of New Tecumseth, October 2016 ENG-2016-68 Attachment No. 2 Lands Subject to Amending Subdivision Agreementµ
235 89 14 238 90 ALLISTON 240 49 Phase 1 Existing Agreement INDUSTRIAL PARKWAY
BEETON
3700 31 Commercial 29 21 TOTTENHAM Lands
59 26 32 34 38 40 24 46 48
ADJALA-TECUMSETH TOWNLINE 56 KINGSMERE CRESCENT 66 Existing Retirement 287 Building Phase 1 Amending 7300 Agreement (typ)
82
90 287
Future Phase 2 4629
GILROY COURT
7248 7240 4621 7264 7254
ELLIS STREET Lands Retained by Original Developer Phase 1 Lands Subject to (Outside of Phase 1 Agreements) Amending Agreement
Phase 1 Lands Subject to Amending Phase 1 Lands NOT Subject to Agreement (Building Permits Issued and Amending Agreement 7233 DCs Paid) 4609 4575 Phase 2 Lands Subject to a Phase 1 Lands Subject to Amending Future Amending Agreement Agreement (Building Permits Applied for But Not Yet Issued)
0 20 40 80 120 160 M
1:2,205 Page 9 of 38 Created by the Town of New Tecumseth, October 2016
SUBDIVISION AGREEMENT (PHASE 1 AMENDING AGREEMENT)
THIS AGREEMENT made on the 7th day of November, 2016.
B E T W E E N OXNARD BEETON INC. hereinafter called the "DEVELOPER" OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEW TECUMSETH hereinafter called the “MUNICIPALITY” OF THE SECOND PART
WHEREAS the Developer is the successor-in-title to and the current owner of certain lands as described in Schedule "A-1" to this Agreement and are referred to as the “Lands” or “Remaining Lands” for the purposes of this Agreement;
AND WHEREAS the Remaining Lands form part of a larger parcel of lands for which a previous developer (York-Hop Corp.) received approval to subdivide its lands by way of an approved Draft Plan of Subdivision pursuant to Town File NT-T-0903 (the “Plan”);
AND WHEREAS the previous developer entered into a Subdivision Agreement with the Municipality dated March 18, 2013, and registered as Instrument No. SC1055620 on May 9, 2013 (the “Original Agreement”) which Agreement was registered against all of the Plan Lands (shown as Schedule “B” to that Original Agreement) and which Original Agreement will continue to be in full force and effect except as amended or supplemented herein;
AND WHEREAS the previous developer proposed to develop the Plan Lands in phases with the first phase being registered as Plan 51M-1013 (the “Phase 1 Plan”), a reduced copy of which is annexed hereto as Schedule “B-2” to this Agreement;
AND WHEREAS Plan 51M-1013 contains Blocks 1 to 18 for townhouse and semi-detached dwellings; Block 19 for future commercial use; Block 24 for the internal private road; Blocks 20, 21, 22, and 23 for servicing and/or walkways; Blocks 25, 26 and 27 for road widening purposes, and Blocks 28, 29 and 30 for reserves;
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AND WHEREAS Blocks 1 to 18 are being subdivided into freehold townhouses and semi-detached dwellings by way of a Part Lot Control Exemption By-Law with the townhouses and semi-detached dwellings tied to the Common Elements Condominium Plan and Corporation for Phase 1;
AND WHEREAS the previous developer and/or the Developer have completed for sale the residential units on a portion of Phase 1 (Blocks 1, 2, 4, 5 and 15 to 18);
AND WHEREAS the Developer is desirous of changing the housing style to two- storey dwelling units on some of the Blocks forming the Remaining Lands (Blocks 3, and 6 to 14), but subject to the Urban Design requirements of the Municipality;
AND WHEREAS the desired change to the housing style requires amendments to the Original Agreement to address acoustical, design and related measures so that the re-designed housing units will comply with the findings of the acoustical consultants and the requirements pursuant to the Draft Plan Conditions under NT-T-0903;
AND WHEREAS this Amending Agreement, including the text amendments and the revised Schedules will apply to all of the Remaining Lands as identified herein;
AND WHEREAS the Developer warrants that the Mortgagee currently shown on title, namely, Royal Bank of Canada is the only mortgage holder in relation to the Lands and that there are no other mortgages, charges, liens, claims, or other encumbrances registered against or otherwise binding the Lands;
AND WHEREAS the Developer warrants that the Mortgagee as shown on title will execute a Postponement of Interest to be registered on title so that the Agreement herein will have priority to the said Mortgagee currently registered;
AND WHEREAS the Municipality has been authorized by the Planning Act to impose conditions of development pursuant to which the Municipality requires the Developer to agree to construct and install certain services including, but not limited to, watermains, sewers, utilities, service connections, roadways, structures, sidewalks, landscaping, lot grading, conservation works and any other requirements as hereinafter provided and herein referred to as the "Works" and to make satisfactory financial arrangements with the Municipality for the installation and construction of required services before final approval of the Plan;
AND WHEREAS in addition to the Original Agreement, the previous developer entered into a Grading Agreement dated March 24, 2014, which Agreement is attached as Schedule “C” to a Pre-Servicing Agreement dated August 7, 2014 registered as
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Instrument No. SC1199224 on March 20, 2015, all of which Agreements will continue in full force and effect and be binding on the Developer, except as amended herein;
NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, AS WELL AS OTHER GOOD AND VALUABLE CONSIDERATION, THIS AGREEMENT WITNESSES AS FOLLOWS:
SECTION 1.0 ADMINISTRATION
1.1 ORDER OF PROCEDURE The Original Agreement will continue to be in full force and effect except as amended or supplemented herein. Where changes have occurred to the text in the body of the Agreement since the registration of the Original Agreement, those sections have been reproduced in this Agreement in their amended form and will apply to the Remaining Lands in Phase 1. In the event of a conflict or inconsistency between the Original Agreement and this Agreement, the terms of this Agreement will prevail in relation to the Remaining Lands in Phase 1. The Schedules as attached to this Agreement will apply to the Remaining Lands in Phase 1. The only change to Section 1.1 of the Original Agreement relates to Section 1.1B(f) where the reference to the Ministry of the Environment is now to the Ministry of Environment and Climate Change (MOECC) and the reference to Certificate of Approval is now referred to as an Environmental Compliance Approval (ECA). The recitals to this Agreement are acknowledged by the Developer to be true and accurate and form part of this Agreement.
1.2 ATTACHED SCHEDULES The Engineering Standards and following Schedules are attached and form part of the Subdivision Agreement in relation to the Remaining Lands in Phase 1: Schedule "A-1" - Description of lands being subdivided and subject to this Agreement; Schedule "B" – Draft Plan Sketch (Draft Approved); (No change; As in Original Agreement) Schedule “B-2” – Reduced copy of Phase 1 Plan 51M-1013 Schedule "C-1" - List of Engineering and Service Drawings, and Reports Schedule "D" - Municipal Works and Services to be Constructed; (No change; As in Original Agreement) Schedule "E" - Work Schedule; (No change; As in Original Agreement) Schedule "F-1" - Estimate of Cost of Construction of the Works Schedule "G" – Composite Utility Plan; (No change; As in Original Agreement) Schedule "H-1" - List of Charges and Fees to be Paid or Commuted Schedule "I" - List of Easements to be Granted to the Municipality; (No change; As in Original Agreement)
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Schedule "J" - Description of Lands to be Conveyed to the Municipality; (No change; As in Original Agreement) Schedule "K" - List of Lots Unsuitable for Building Purposes; (No change; As in Original Agreement) Schedule "L-1" - Landscaping and Fencing Plans; Schedule "M" - Model Home Agreement; (No change; As in Original Agreement) Schedule "N-1" - Fire Break Provisions and Municipal By-Laws Schedule "O-1" - Architectural Control & Site Control Provisions Schedule "P" - Compliance with Draft Plan Conditions; (No change; As in Original Agreement) Schedule "Q-1" - List of Acknowledgements or Warnings to Purchasers Schedule “R-1” - Further Terms Forming Part of this Agreement
SECTION 3.0 CONSTRUCTION
3.5 ACCESS ROADS AND HAUL ROUTE The location of all access roads will be subject to the approval of the Municipality and such roads must be maintained by the Developer in good repair and free of obstruction acceptable to the Municipality during the time of construction. No roadway outside the limits of the proposed subdivision may be closed without the written approval of the Municipality. For the purposes of getting the required approval, the Developer shall advise the Municipality of the date and time it wishes to close the roadway. The Developer agrees that all construction traffic shall enter and leave the lands using only the routes and access points designated by the Municipality. When required by the Municipality, the Developer shall barricade such streets or other areas as may be necessary to control site access. The Developer acknowledges that an appropriate haul route is to be used during construction of any Works associated with the development. The haul route must be approved by the Municipality and cannot be amended, changed or altered in any way without written authorization from the Municipality. The Developer together with its employees, associates, contractors, agents, sub-contractors or designates shall only use the approved haul route and will not use any other Municipal roads which are not included as part of the haul route in connection with the development. The haul route is identified in Schedule “R-1” to this Agreement. Any failure to comply with or abide by the haul route will be deemed to be a breach of this Agreement. No traffic is to be permitted through the urban limits of Alliston, Beeton or Tottenham unless otherwise specifically allowed by the Municipality in writing. Any failure to comply with or abide by the haul route will be deemed to be a breach of this Agreement. Where a haul route passes by a school, the trucking operations are to cease from 30 minutes prior until 15 minutes after the start of school, as well as from 15 minutes prior until 30 minutes after the dismissal.
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The Municipality has the authority to direct the Developer to alter the haul route, should complaints arise. In the event of any documented failure to comply with the haul route, the Municipality will give notice of such breach to the Developer. The Developer will have (30) days from delivery of the notice within which to either:
(i) Provide evidence satisfactory to the Municipality that the breach was not related to the Development and/or not caused by the Developer or any of its employees, associates, contractors, agents, sub-contractors or designates; or (ii) In the event of not being able to provide such evidence, to pay the sum of $500.00 to the Municipality as predetermined liquidated damages for each documented breach of the haul route. The parties acknowledge that the liquidated damages reasonably reflect the additional cost of the Municipality’s administration, inspection, site attendances and labour costs in monitoring compliance with the haul route requirements of this Agreement. The Developer shall at all times maintain an unobstructed emergency route within the Plan having a minimum width of 6.0 metres and of sufficient construction design to accommodate emergency vehicles.
3.7 DUST, MUD AND WEED CONTROL During the course of construction and until the issuance of the Certificate of Maintenance and Final Acceptance (All Works) by the Municipality, the Developer shall take all necessary steps to control weeds, and to prevent any dust or mud problems for traffic or home occupants on roads internal and external to the subdivision, including scraping, cleaning, sweeping, watering and applying proper dust control agents. These steps shall be taken on a regular basis and in the event of any failure to do so, the Municipality may give 24 hours notice to the Developer to correct the problem, and if the Developer fails to do so, the Municipality may, without further notice, enter the lands as agent for the Developer to undertake correction of the problem at the Developer's expense. If the Developer fails to pay the Municipality within Thirty (30) days of the date of billing, then the money owing may be deducted from the securities held by the Municipality in addition to any other rights of enforcement. Prior to the commencement of any Site Alteration works, the Owner shall implement the written Dust Control Plan referenced in Schedule “C-1”. The Dust Control Plan shall include, but not be limited to the following: (i) an identification of all potential dust sources; (ii) a description of the dust control method(s) to be used for each source; (iii) a schedule and rate of application calculation or some other means of identifying how often, how much or when the control method shall be used; (iv) provisions for monitoring and record-keeping;
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(v) a contingency plan in the event that the first control plan does not work; (vi) measures to control and remediate mud being tracked offsite onto the local roadways; and (vii) the name and contact information of the representative responsible for ensuring the plan is implemented and monitored and who can be contacted in the event of a complaint.
SECTION 4.0 COMPLETION AND MAINTENANCE OF CONSTRUCTION
4.7 CONSTRUCTION LIEN CLEARANCE Throughout the construction and maintenance of the Works, the Developer covenants and agrees to pay all contractors, sub-contractors, trades and suppliers to ensure that construction liens are not registered against the Lands or any property of the Municipality. In the event that construction liens are registered, the Developer shall be deemed to be in default of this Agreement unless cured within sixty (60) days of the Developer receiving notice of such liens. Prior to the Municipality issuing the Certificates referred to in Sections 4.2 and 4.2.1, and the Municipality issuing the Certificates referred to in Sections 4.4 and 4.6, the Developer shall publish the Certificate of Substantial Performance as described in the Construction Lien Act and supply to the Municipality a copy of the Certificate, together with a Statutory Declaration that all accounts for works and materials for all of the Works have been paid except normal guarantee holdbacks. In no case will securities be reduced further or finally released should evidence of any lien exist. Notwithstanding any other provision of this Agreement, no final release of securities will take place until Forty-five (45) days have elapsed from publication of the Certificate of Substantial Performance as described in the Construction Lien Act, and the Municipality has not received any notification of a lien under the Act. The Municipality will also require a clear title search or a certificate of the Developer’s solicitor showing that no liens have been registered against the Lands or any part of them.
SECTION 7.0 OCCUPANCY PERMITS
7.1 REQUIREMENTS FOR OCCUPANCY The Developer shall not permit occupation of any buildings erected on the lots or blocks within the Plan until: (a) All requirements for building permits as set out in Section 6.1 herein have been satisfied; (b) The lot water and sewage services have been installed, tested and certified by the Developer’s engineer to the satisfaction of the Municipality and required charges as laid down by the Municipality have been paid; (c) A Certificate has been given by the Developer's Consulting Engineer to the Municipality that the building constructed and the final grading of the lot or block is in conformity with the approved Overall Grading Plan Town/ Oxnard Beeton Inc. - 6 - Amending Subdivision Agreement (#1)
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subject to paragraph 6 of Schedule “E”, or such variance therefrom as has been approved by the Municipality, and the foundation of the building has been constructed in accordance with the footing grade established; (d) A plot plan has been provided by an Ontario Land Surveyor showing that all buildings on the lot are located wholly within the lot lines together with all set back measurements and dimensions to show the buildings conform with the zoning requirements of the Municipality; (e) The remaining underground services such as hard wired Telephone System, Electric System, Cable T.V. and Natural Gas have been installed, made operational, and certified by the Developer’s engineer; (f) The street lights have been installed and made operational; (g) The provisions of Schedule "O" have been complied with; (h) The noise attenuation measures in Schedule “R” have been complied with; (i) The municipal address number for each dwelling unit has been displayed in accordance with the Municipality’s current Addressing By-Law as identified in Schedule “N”; and (j) A master metric water meter with required appurtenances for the Plan has been installed and sealed in accordance with the specifications of the Municipality. The Developer is required to provide a copy of this Section and Section 7.2 to each and every builder obtaining a building permit. The Developer acknowledges that the requirements for occupancy set out herein may vary from and be in addition to those required under the Building Code Act. Notwithstanding, the Developer acknowledges that the failure to complete the occupancy requirements set out above by either the Developer or any builder of dwelling units within the Plan will be treated as a default under this Section even though an occupancy permit may be available under the Building Code.
SECTION 10.0 LEGAL REQUIREMENTS
10.1 LEGAL NOTICE TO DEVELOPER If any notice is required to be given by the Municipality to the Developer with respect to this Agreement, such notice shall be delivered, mailed or faxed to: Name Oxnard Beeton Inc. Address 9140 Leslie Street, Unit 210 City Richmond Hill, Ontario Postal Code L4B 0A9 Fax No. 905-762-9202 E-Mail [email protected]
Or such other address as the Developer has given the Municipal Clerk in writing. Notice given to the Developer by prepaid registered or ordinary mail shall be deemed to Town/ Oxnard Beeton Inc. - 7 - Amending Subdivision Agreement (#1)
Page 16 of 38 have been delivered on the fifth (5th) business day after mailing or on the same day if by fax or e-mail prior to 4:00 p.m. on a business day, otherwise on the next following business day. If notice is to be given by the Developer to the Municipality, it shall be similarly given and addressed as follows:
TOWN CLERK THE CORPORATION OF THE TOWN OF NEW TECUMSETH 10 Wellington Street East Alliston, Ontario L9R 1A1 Fax No. 705-435-2873 E-Mail: [email protected]
10.10 AGREEMENT BINDING
This Agreement shall be governed by the laws of the Province of Ontario and be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the said Corporate Parties have hereunto affixed their Corporate Seals or asserted binding authority as attested by their proper signing officers in that behalf.
OXNARD BEETON INC.
___ FATEMEH LAJEVARDI, PRESIDENT DATE
______JEFF JAFARPOUR, VICE-PRESIDENT DATE
We have authority to bind the corporation
THE CORPORATION OF THE TOWN OF NEW TECUMSETH
___ MAYOR: RICK MILNE DATE
CLERK: CINDY ANNE MAHER DATE
We have authority to bind the corporation.
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SCHEDULE "A-1" TO SUBDIVISION AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Phase 1 Amending Agreement.
DESCRIPTION OF LANDS BEING SUBDIVIDED
All and singular that certain parcel or tract of land situate, lying and being in the Town of New Tecumseth, in the County of Simcoe and being composed of those Parts of Plan 51M-1013, Town of New Tecumseth, as hereinafter set out:
FIRSTLY: Block 3:
1. PIN 58131-0924 (LT) Part of Block 3, Plan 51M-1013 Designated as Parts 5 and 143, Plan 51R-39043
2. PIN 58131-0925 (LT) Part of Block 3, Plan 51M-1013 Designated as Parts 6 and 144, Plan 51R-39043
SECONDLY: Block 6:
1. PIN 58131-0939 (LT) Part of Block 6, Plan 51M-1013 Designated as Parts 11 and 149, Plan 51R-39043
2. PIN 58131-0931 (LT) Part of Block 6, Plan 51M-1013 Designated as Parts 12 and 150, Plan 51R-39043
THIRDLY: Block 7:
1. PIN 58131-0932 (LT) Part of Block 7, Plan 51M-1013 Designated as Parts 13 and 151, Plan 51R-39043
2. PIN 58131-0933 (LT) Part of Block 7, Plan 51M-1013 Designated as Parts 14 and 152, Plan 51R-39043
FOURTHLY: Block 8:
1. PIN 58131-0934 (LT) Part of Block 8, Plan 51M-1013 Designated as Parts 15 and 153, Plan 51R-39043
2. PIN 58131-0935 (LT) Part of Block 8, Plan 51M-1013 Designated as Parts 16 and 154, Plan 51R-39043
FIFTHLY: Block 9:
1. PIN 58131-0936 (LT) Part of Block 9, Plan 51M-1013 Designated as Parts 17 and 155, Plan 51R-39043
2. PIN 58131-0937 (LT) Part of Block 9, Plan 51M-1013 Designated as Parts 18 and 156, Plan 51R-39043
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SIXTLY: Block 10:
1. PIN 58131-0938 (LT) Part of Block 10, Plan 51M-1013 Designated as Parts 19 and 157, Plan 51R-39043
2. PIN 58131-0939 (LT) Part of Block 10, Plan 51M-1013 Designated as Parts 20 and 158, Plan 51R-39043
SEVENTHLY: Block 11:
1. PIN 58131-0974 (LT) Part of Block 11, Plan 51M-1013 Designated as Parts 21, 98, 99, 190 and 191, Plan 51R-39043
2. PIN 58131-0975 (LT) Part of Block 11, Plan 51M-1013 Designated as Parts 22, 97 and 100, Plan 51R-39043
3. PIN 58131-0976 (LT) Part of Block 11, Plan 51M-1013 Designated as Parts 23, 96 and 101, Plan 51R-39043
4. PIN 58131-0977 (LT) Part of Block 11, Plan 51M-1013 Designated as Parts 24, 95 and 102, Plan 51R-39043
5. PIN 58131-0978 (LT) Part of Block 11, Plan 51M-1013 Designated as Parts 25, 94, 103, 118 and 189, Plan 51R-39043
EIGHTHLY: Block 12:
1. PIN 58131-0970 (LT) Part of Block 12, Plan 51M-1013 Designated as Parts 26, 93, 104, 186 and 187, Plan 51R-39043
2. PIN 58131-0971 (LT) Part of Block 12, Plan 51M-1013 Designated as Parts 97, 92 and 105, Plan 51R-39043
3. PIN 58131-0972 (LT) Part of Block 12, Plan 51M-1013 Designated as Parts 28, 91 and 106, Plan 51R-39043
4. PIN 58131-0972 (LT) Part of Block 12, Plan 51M-1013 Designated as Parts 29, 90, 107, 184 and 185, Plan 51R-39043
NINETHLY: Block 13:
1. PIN 58131-0965 (LT) Part of Block 13, Plan 51M-1013 Designated as Parts 30, 89, 108, 182 and 183, Plan 51R-39043
2. PIN 58131-0966 (LT) Part of Block 13, Plan 51M-1013 Designated as Parts 31, 88 and 109, Plan 51R-39043
3. PIN 58131-0967 (LT) Part of Block 13, Plan 51M-1013 Designated as Parts 32, 87 and 110, Plan 51R-39043 Town/ Oxnard Beeton Inc. - 10 - Amending Subdivision Agreement (#1)
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4. PIN 58131-0968 (LT) Part of Block 13, Plan 51M-1013 Designated as Parts 33, 86 and 111, Plan 51R-39043
5. PIN 58131-0969 (LT) Part of Block 13, Plan 51M-1013 Designated as Parts 34, 85, 112, 180 and 181, Plan 51R-39043
TENTHLY: Block 14:
1. PIN 58131-0960 (LT) Part of Block 14, Plan 51M-1013 Designated as Parts 35, 84, 113, 178 and 179, Plan 51R-39043
2. PIN 58131-0961 (LT) Part of Block 14, Plan 51M-1013 Designated as Parts 36, 83 and 114, Plan 51R-39043
3. PIN 58131-0962 (LT) Part of Block 14, Plan 51M-1013 Designated as Parts 37, 82 and 115, Plan 51R-39043
4. PIN 58131-0963 (LT) Part of Block 14, Plan 51M-1013 Designated as Parts 38, 81 and 116, Plan 51R-39043
5. PIN 58131-0964 (LT) Part of Block 14, Plan 51M-1013 Designated as Parts 39, 80, 117, 176 and 177, Plan 51R-39043
Certification
The solicitor for the Developer will provide to the Municipality and its solicitor a certification that:
1. The Developer is the sole owner in fee simple of the Plan Lands;
2. Schedule “A” herein is an accurate description of all of the Plan Lands for the subdivision;
3. All prior mortgages and encumbrances will be postponed to this Agreement immediately following its registration; and
4. At the time the conveyances required in Schedule “I” and Schedule “J” are to be made to the Municipality, a further certification will be given by the Developer’s solicitor that they will be registered free and clear of any encumbrance with the consent of all the mortgagees/chargees or other encumbrancers.
Staff acknowledge receipt of the Developer’s Solicitor’s certification as required above, dated October 20, 2016.
[NOTE TO DRAFT: I HAVE DRAFTED SCHEDULE “A-1” BASED UPON THE FACT THAT THIS AGREEMENT WILL ONLY BE APPLIED TO BLOCKS 3, AND 6 TO 14. I HAVE USED THE PINS SET OUT IN THE DECLARATION FOR THE CONDOMINIUM. THERE MAY NEED TO BE MORE VERBAGE ADDED. I WILL ALSO REQUIRE THE SOLICITOR FOR THE DEVELOPER TO CERTIFY THE DESCRIPTIONS SO THAT IT WILL BE IN REGISTERABLE FORM. FOR THE PURPOSE OF THE AGREEMENT GOING FORWARD FOR APPROVAL, THE DESCRIPTIONS HEREIN ARE SUFFICIENT.]
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SCHEDULE "C-1" TO SUBDIVISION AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Phase 1 Amending Agreement.
LIST OF ENGINEERING AND SERVICE DRAWINGS AND REPORTS
Kings Gate Alliston
The following drawings and reports are either prepared or submitted by the Developer’s engineer on behalf of the Developer, which drawings and reports shall form part of the construction drawings referred to in sub-sections 1.5 and 1.6 of this Agreement. They are available for review at the offices of the said engineer, exp., 4 Cedar Pointe Drive, Unit L, Barrie, Ontario, L4N 5R7 or at the Engineering Department of the Town of New Tecumseth Municipal Office. If revised drawings are prepared or submitted by the Developer’s engineer which are approved by the Municipality, they shall be deemed to form part of the construction drawings.
Drawings prepared and/or submitted by exp.
Drawings The Drawings have not been amended and those listed in the Original Agreement will continue to apply.
Reports The following reports will apply to the Remaining Lands in Phase 1: Noise Impact Study – Update -, Kings Gate Alliston, Part of the South Half of Lot 1, Concession 14, Town of New Tecumseth, County of Simcoe (YCA Engineering Limited – dated August 2016) Peer Review of “Noise Impact Study – Update -, Kings Gate Alliston, Part of the South Half of Lot 1, Concession 14, Town of New Tecumseth, County of Simcoe (YCA Engineering Limited – dated August 2016) (Aercousctics Engineering Ltd. – dated August 24, 2016) Nissin Alliston – Kings Gate Development – Noise Report (Valcoustics Canada Ltd. – September 9, 2016) Geotechnical Investigation, Proposed Residential Subdivision, King Street at Industrial Parkway, Community of Alliston, ON (Terraprobe Limited – December 5, 2006) Geotechnical Investigation, Proposed Residential Subdivision, King Street at Industrial Parkway, Community of Alliston, ON (Terraprobe Limited – June 25, 2009) Kingsmere Development, Test Pit Investigation, Alliston, ON (Terraprobe Inc. – April 8, 2010) Environmental Evaluation of Soils to be Excavated and Exported from Sorbara Site to Kingsmere Site, Town of Alliston, Simcoe County, Ontario (Terraprobe Inc. – November 12, 2012) Detailed Stormwater Management Report, Kingsmere Retirement Suites, Phases 1 & 2 (Richardson Foster Consulting Engineers – April 2010) Kingsmere Retirement Suites, Stormwater Management Report Addendum (Richardson Foster Consulting Engineers – January 22, 2010) Technical Memorandum, Kingsmere Retirement Subdivision, Rear-Yard Storm Sewer System (exp – June 24, 2011) Functional Servicing Report, Kingsmere Retirement Suites (Richardson Foster Consulting Engineers – April 2010)
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Water Distribution System Analysis, Kingsmere Retirement Suites (Richardson Foster Consulting Engineers – April 2010) Traffic Impact Report, Kingsmere Retirement Suites, Town of New Tecumseth, County of Simcoe (Richardson Foster Consulting Engineers – May 2011) Urban Design Report for Kingsmere Village, Adult Lifestyle Community, Alliston, ON (Nautical Lands Group – August 18, 2010) Addendum to: Urban Design Report for Kingsmere Village (John G. Williams – June 13, 2016) Application to Process Plan of Subdivision Letter from Nautical Lands Group dated May 7, 2010 regarding tree inventory. Update of Well Monitoring Program (Terraprobe Limited, July 20, 2012). Update of Well Monitoring Program (Terraprobe Limited, November 16, 2010). Well Monitoring Contingency Plan (Terraprobe Limited, May 30, 2011).
ADDITIONAL PROVISIONS
The additional provisions have not been amended and will continue to apply to the Remaining Lands in Phase 1 with the exception that the following paragraph is added:
12. The written acknowledgement of the Developer’s engineer required by Section 1.6 of this Agreement has been provided by exp Services Inc., dated October 20, 2016.
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SCHEDULE "F-1" TO SUBDIVISION AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Phase 1 Amending Agreement.
A. ESTIMATE OF COST OF CONSTRUCTION OF THE WORKS
EXTERNAL
1. Mobilization & Site Set-up $ NIL
2. Watermains $ NIL
3. Storm Sewers $ 58,000.00
4. Sanitary Sewers $ 187,030.00
5. Service Connections $ NIL
6. Roads, Boulevards, and Sidewalks Excluding Top Asphalt $ NIL Top Asphalt $ NIL External Sidewalks $ 4,950.00 Driveway Aprons $ NIL
7. Fences and Noise Attenuation Features $ 250,000.00
8. Overall Grading $ NIL
9. Trees, Landscaping and Streetscape $ NIL
10. Street lighting $ NIL
11. Stormwater Management Facility Earthworks and Civil Works $ NIL Landscape $ NIL
Sub-Total for External Works $ 499,980.00 Consulting Engineer’s Fee (10%) $ 49,998.00
TOTAL EXTERNAL WORKS: $ 549,978.00
INTERNAL Internal Works (for security purposes only) $ 120,000.00
TOTAL OF EXTERNAL & INTERNAL WORKS (Carried to Table 1 - Securities) $ 669,978.00
The Developer shall file with the Municipality as per Section 5.0, all required security for the various amounts as shown to guarantee the construction and installation of the services.
If the Municipality or other authority is not provided with a renewal of a letter of credit at least thirty (30) days prior to its date of expiry, the Municipality or other authority, may forthwith draw the full amount secured and hold it upon the same terms that applied to the letter of credit. All letters of credit required shall be in the standard form approved by the Municipality.
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B. TABLE 1 - SECURITIES
Municipality AMOUNT REDUCTION MAINTENANCE PERIOD (1) Municipal + $ 670,000.00 The letter of credit 2 years or Private Services (rounded) shall be reduced as assumption of Letter of Credit as work proceeds. services. per Schedule “F”. (2) Grading Deposit See Note 4. See Note 4 below See Note 4. below
C. NOTES
The following paragraphs under this sub-section (Notes) have been amended so that the text hereinafter set out will apply:
3. In no case shall the letter of credit be reduced to an amount below the following totals:
(a) Municipality’s estimates of the cost of External Works to be completed, plus, (b) Value of External Works completed but not paid for, plus, (c) 10% value of completed and paid for External Works. (d) For Internal Works, $120,000.00 (no partial reduction allowed).
The necessary security was provided upon execution of the Original Agreement. Following the transfer of the lands to the new developer, the new developer provided the necessary security, and the former developer’s security has been released.
4. Grading deposit required in Section 3.3 of the Agreement, 42 blocks for 118 residential units X $1,500.00 ea. on a residential unit basis for the sum of $177,000.00. In the alternative, the Developer shall be entitled to deposit with the Municipality a lump sum grading deposit of $50,000.00 for the total subdivision to be posted at the time of the first building permit issuance. The grading deposit will be retained by the Municipality until such time as the Letter of Final Acceptance (Aboveground is issued for this phase of the subdivision.
The necessary grading deposit was provided upon execution of the Original Agreement. Following the transfer of the lands to the new developer, the new developer provided the necessary deposit, and the former developer’s deposit has been released.
5. The Municipality acknowledges that any currently posted securities may be used as part of the total security required pursuant to Table 1 above.
7. The Original Agreement identified that a separate security will be required for the External Noise Barrier located between the New Tecumseth Recreational Centre and Nissin as described in paragraph 4 (a) iii. of Schedule “R”, either by way of cash or letter of credit in an amount of $30,000.00. The necessary security was provided upon execution of the Original Agreement. Following the transfer of the lands to the new developer, the new developer provided the necessary security, and the former developer’s security has been released.
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SCHEDULE "H-1" TO SUBDIVISION AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Phase 1 Amending Agreement.
LIST OF MUNICIPAL CHARGES AND FEES TO BE PAID OR COMMUTED (SECTION 8.4)
Paragraphs 4 to 8 of Schedule “H” in the Original Agreement are deleted and replaced with the following paragraphs that will apply to the Remaining Lands:
4. Development Charges:
The current policy of the Municipality is to collect the required Development Charges for all services in accordance with the following policy provisions:
(i) the Municipality will collect all general (soft) services upon the issuance of each building permit at the rate in force for such general services at that time; (ii) the Municipality will collect 40% of the hard service development charges (water, sanitary and transportation) upon entering into an agreement; (iii) the remaining development charges for hard services will be collected upon issuance of each building permit after 40% of the building permits have been issued; and (iv) in the event that all permits have not been issued for the Registered Plan within one year after entering into an agreement, all remaining hard service development charges shall be paid.
All hard service development charges paid are to be at the rate in force at the time they are paid. The development charges are payable at the rate in force upon execution of the agreement for the first 40% of the building permits, at the rate in force at the time of the issuance of each building permit, and at the rate in force upon the 1-year anniversary of execution of the agreement for all remaining outstanding building permits. It is acknowledged that the development charges are subject to periodic indexing.
For reference only, the development charge calculation in effect at the time of preparation of this Agreement for the remaining Lots within Phase 1 is as follows:
(a) WATER COMPONENT
4 semi-detached units x $6,320.00/unit (payable upon execution) = $ 25,280.00 8 townhouse units x $5,868.00/unit (payable upon execution) = $ 46,944.00 Total due upon Execution: $ 72,224.00
6 semi-detached units x $6,320.00/unit = $ 37,920.00 11 townhouse units x $5,868.00/unit = $ 64,548.00 Total payable at building permit or 1-year anniversary: $ 102,468.00
(b) SANITARY COMPONENT
4 semi-detached units x $12,434.00/unit (payable upon execution) = $ 49,736.00 8 townhouse units x $11,543.00/unit (payable upon execution) = $ 92,344.00 Total due upon Execution: $ 142,080.00
6 semi-detached units x $12,434.00/unit = $ 74,604.00
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11 townhouse units x $11,543.00/unit = $ 126,973.00 Total payable at building permit or 1-year anniversary: $ 201,577.00
(c) TRANSPORTATION COMPONENT
4 semi-detached units x $9,398.00/unit (payable upon execution) = $ 37,592.00 8 townhouse units x $8,724.00/unit (payable upon execution) = $ 69,792.00 Subtotal due upon Execution: $ 107,384.00 Less remaining DC credit from Original Agreement: $ 6,646.00 Total due upon Execution: $ 100,738.00
6 semi-detached units x $9,398.00/unit = $ 56,388.00 11 townhouse units x $8,724.00/unit = $ 95,964.00 Total payable at building permit or 1-year anniversary: $ 152,352.00
See NOTE (5) below
The total due and owing for 29 units (water, sanitary and transportation) is $771,439.00, but subject to any increase in the development charge rate on the date of payment for each dwelling unit. The total due and owing upon execution of this Amending Subdivision Agreement is $315,042.00. The amount of the credit to be given is fixed.
Development Charges for the hard service components for 40% of the units, being 4 semi- detached units and 8 townhouse units in the remainder of the Phase 1 development lands, are payable upon execution of the Agreement. For the purposes of calculating the Development Charges owing upon execution of the Agreement, the above calculations are based on 40% of the total number of semi-detached units and 40% of the total number of townhouse units.
NOTE (1): The rate to be paid for general services on the Development Charge By- Law (soft services) is currently $8,135.00 per single or semi-detached unit and $7,552.00 per townhouse unit.
NOTE (2): The Developer acknowledges that the County of Simcoe as well as the Simcoe County District School Board and the Simcoe Muskoka Catholic District School Board have established Development Charge By-Laws and the Developer will be subject to the development charge that is in place at the time of the issuance of Building Permits for each of the County and the two School Boards.
NOTE (3): The parties acknowledge that the Amending Agreement applies to all of the Developer’s Phase 1 lands, and further that building permits have been issued for a number of units in the Phase 1 lands and the Development Charges paid for said units. The calculations provided in Schedule “H-1”, Section 4, above, are based on the unit count for the lots on which Building Permits have not been obtained, being a total of twenty-nine (29) units, at the time of Agreement preparation.
NOTE (4): The parties acknowledge that the Developer has applied for Building Permits for a total of 9 units, being units on Blocks 7, 8 and 14 on the Phase 1 M-Plan. The Building Permits have not been issued at the time of preparation of this Agreement. The Development Charge payment amounts calculated above, and due upon execution of the agreement are fixed. The amounts due upon the 1-year anniversary may be adjusted to reflect the remaining permits to be issued, if any. Building Permit Applications currently in process may require an adjustment to the payment amounts owing.
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NOTE (5): The parties acknowledge that the Developer is entitled to a development charge credit for external noise attenuation works which are located on property owned by the Municipality. The amount of the partial credit is currently $6,646.00.
5. Unmetered Water Use:
The Developer shall pay the cost of unmetered municipal water used in the testing and flushing of the new water distribution system and building program as follows:
Paid Under Original Subdivision Agreement NIL
6. Bench Mark Installation:
Paid Under Original Subdivision Agreement NIL
7. Municipal Administration Fees:
Pursuant to the Municipality’s Fee By-Law 2007-230, the Developer will pay to the Municipality for its staff time the following amounts:
(a) The Developer agrees to pay to the Municipality for the Municipality’s staff costs in relation to the preparation and administration of this Agreement in accordance with By-Law 2007-230 the sum of: $1,000.00
(b) The Developer paid to the Municipality the sum of $14,300.00 on May 7, 2010 as set out in Note 7 of Schedule “F” for the review of its engineering submissions. No amount is due. NIL
(c) The Developer paid to the Municipality for the registration of the Draft Plan of Subdivision in accordance with By-Law 2004-073 the sum of $500.00 on May 7, 2012 as set out in Schedule “H” Of the Original Subdivision Agreement: NIL
(d) Payment to the Municipality pursuant to the Schickedanz Bros. Ltd. Agreement dated June 29, 2009 in satisfaction of Draft Plan Condition No. 33 (payment of $188,654.00 acknowledged as of April 18, 2012) NIL
(e) TOTAL OF SUB-PARAGRAPHS (a) + (b) + (c) + (d) = $ 1,000.00
8. The total of the amounts set out above in paragraphs 5, 6 and 7, and payable upon execution of this Agreement is $1,000.00.
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SCHEDULE "L-1" TO SUBDIVISION AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Phase 1 Amending Agreement.
The provisions of Schedule “L”, of the Original Subdivision Agreement will continue to apply to the Remaining Lands with the addition of the following clauses:
4. FENCING ON TOP OF RETAINING WALLS
(a) Fencing required along the top of retaining walls are to be installed as soon as practical following the installation of the wall, in instances where the height of the wall is in excess of 0.6 metres in height. Where the permanent fencing cannot be installed in a timely manner, appropriate measures are to be taken to protect the area for public safety in the interim condition.
5. EXISTING FENCING OBLIGATIONS
(a) The Developer’s obligations with respect to boundary fencing includes, but is not limited to, the following activities: scheduling; coordination with adjacent existing residents; removal of existing fencing encroaching onto the development lands; removal of existing rear yard fencing at the request of the existing residents; tying in of existing private side yard fencing to proposed development fencing; and installation of temporary fencing as required (i.e. where there is an existing pool, if the existing residents fence is to be removed and they have pets, etc.).
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SCHEDULE "N-1" TO SUBDIVISION AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Phase 1 Amending Agreement.
FIRE BREAK PROVISIONS (SECTION 3.14)
1. The Developer shall make provision for adequate fire breaks in the construction of homes on the lots such that not more than 8 semi-detached units (four semi- detached lots) or 8 single family units (eight single detached lots) in a row shall be allowed to be framed without at least another two single family homes having their exterior brick or other final finish. Further, not more than 8 townhouses in a row shall be allowed to be framed without at least another structure having its exterior brick/final finish, or a lot break of not less than 22 metres.
2. In the event that the Developer is in breach of these fire break provisions, the Municipality shall be entitled to withhold any further building permits and further the Municipality acting reasonably may require the builder to forthwith correct any offending structures.
3. The development and all related construction shall be subject to the Open Air Burning By-Law of the Municipality. In particular, there shall be no disposal of construction material by way of burning on the site. Further, the heating of sand or other materials during construction is only to be done through the use of propane/salamander heaters. Any fires using wood or other combustible materials are not allowed.
4. The Developer agrees to provide notice of the foregoing to all subsequent builder/purchasers.
MUNICIPAL BY-LAWS
1. The Developer, as well as all builders, contractors and sub-contractors, shall be required to abide by and be subject to the provisions of the Municipal Noise By- Law from time to time in force. The Developer shall be responsible for providing notice of the said By-Law to all builders, contractors and sub-contractors and any other parties conducting activities on the Lands.
2. Prior to occupancy, each dwelling unit shall display its unit number in accordance with the Municipal Addressing By-Law, being By-Law 97-62 as amended by By- Law 2004-080.
3. The Developer acknowledges that it has been made aware by the Municipality that there are a number of Municipal By-Laws that the Developer is expected to abide by during the construction and development activities associated with the Remaining Lands. The Developer shall make itself aware of the By-Laws and ensure that activities occurring within the Remaining Lands are in accordance with the applicable By-Laws. In addition to the By-Laws set out above, the By- Laws may include, but are not limited to, the following:
(a) Municipal Sewers Discharge By-Law 2002-151; (b) Open Air Burning By-Law 2006-097; (c) Reduced Load Limit By-Law 2013-028; and (d) Tree Preservation and Compensation By-Law 2008-123.
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SCHEDULE "O-1" TO SUBDIVISION AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Phase 1 Amending Agreement.
ARCHITECTURAL CONTROL & SITE CONTROL PROVISIONS (SECTION 3.13)
The provisions of Schedule “O”, Section 3.13 of the Original Agreement will continue to apply to the Remaining Lands with the exception that paragraph 2 is hereby deleted and replaced with the following:
2. The remainder of the Blocks within the Phase 1 M-Plan will be developed in accordance with the Urban Design Report prepared by Nautical Lands Group dated August 18th, 2010, and approved by Council on October 4, 2010 as well as the Addendum to: Urban Design Report for Kingsmere Village prepared by John G. Williams Architect and titled “Kings Gate Alliston” dated June 13, 2016, and approved by Council on July 11, 2016.
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SCHEDULE "Q-1" TO SUBDIVISION AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Phase 1 Amending Agreement.
The provisions of Schedule “Q” of the Original Subdivision Agreement will continue to apply to the Remaining Lands with the exception that sections 7 and 8 are hereby deleted and replaced with the following:
LIST OF ACKNOWLEDGMENTS OR WARNINGS TO PURCHASERS:
7. NOISE WARNING
(a) It is a condition of the approval of this subdivision that there be a warning clause in all Agreements of Purchase and Sale or Leases in relation to all of the lots and blocks on the Plan of Subdivision that purchasers and/or tenants are advised that:
i. Despite the inclusion of noise control features within the development area and within individual units, noise levels from construction activity may continue to be of concern occasionally interfering with some activities of the building occupants. ii. Adjacent industry may operate 24 hours per day, 7 days per week, including outside activities such as truck movements and coupling and loading trailers. Due to the proximity of the adjacent industry, sound levels from the industry may, at times, be audible and may interfere with some activities of the dwelling occupants. iii. Purchasers and/or tenants are advised the Industrial Parkway, located to the north of the Plan, is an arterial road and truck route which experiences heavy traffic and resulting noise can occur at any time during day or night. Traffic volumes are expected to increase over time with resulting noise increases that may interfere with some activities of the dwelling occupants as the sound levels may exceed the MOE’s noise criteria. iv. Occupants are advised that due to the proximity of Nissin Transport (Canada) Ltd. and the Recreation Centre, the sound levels from these facilities may be audible at times.
(b) For Blocks 11 to 14, 55, 56 (All Units) and Block 39 (West Unit) on the Draft Plan, which includes Blocks 11 to 14 (All Units) on the Phase 1 M- Plan, the Developer covenants and agrees to include in all offers to purchase, agreements of purchase and sale or agreements to lease the following warning clauses:
i. Occupants are advised that despite the inclusion of noise control features in the development area, sound levels due to increasing road traffic may be of concern, occasionally interfering with some activities of the dwelling occupants as the sound levels will exceed Ministry of the Environment noise criteria and impact on the use and enjoyment of the lands.
(c) For Blocks 11 to 14 and Blocks 55 and 56 (All Units) and Block 39 (West Unit) on the Draft Plan, which includes Blocks 11 to 14 (All Units) on the Phase 1 M-Plan, the Developer covenants and agrees to include in all offers to purchase, agreements of purchase and sale or agreements to lease the following warning clauses:
i. Occupants are advised that despite the inclusion of noise abatement features within the development area, sound levels due
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to increasing road traffic may be of concern, occasionally interfering with some activities of the dwelling occupants as the sound level will exceed the Ministry of Environment’s noise criteria.
(d) For Blocks 11 to 14, and Blocks 55 and 56 (All Units) on the Draft Plan which includes Blocks 11 to 14 (All Units) on the Phase 1 M-Plan, the Developer covenants and agrees to include in all offers to purchase, agreements of purchase and sale or agreements to lease the following warning clauses:
i. This dwelling unit was fitted with ducting sized to accommodate a central air conditioning unit. The installation of central air conditioning by the homeowner will allow windows and exterior doors to remain closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment. (Note: care should be taken to ensure that the condenser unit is located in an area that is not sensitive to noise. The sound rating of central air conditioning units must not exceed the sound emission standards established by the Ministry of Environment).
8. OTHER WARNINGS
The Developer agrees to include in all offers to purchase, agreements of purchase and sale, or agreements to lease, the following warning clauses:
(a) Purchasers and/or tenants are advised that the proposed finished lot and/or block grading may not meet the Municipality’s standard lot grading criteria in certain areas, to facilitate preservation of existing vegetation and to maintain existing adjacent topographical conditions. (b) Purchasers and/or tenants are advised that due to the proximity of existing industrial operation and the New Tecumseth Recreation Centre (NTRC), sound levels from existing a/or future uses on nearby non-residential properties may, at times, be audible. (c) Purchasers and/or tenants are advised that an adjacent open space, wood lot and/or stormwater management facility, all of which are private facilities and will be managed under private ownership. They will receive minimal maintenance. (d) Purchasers and/or tenants in Phase 1 are advised that adjacent Plan Lands are scheduled for future development when future Phases proceed. At such time as those lands are developed, inconvenience may be caused due to noise, dust, vibration or construction traffic. (e) Purchasers and/or tenants are advised that any roads ending in a dead end or cul-de-sac may be extended in the future to facilitate development of adjacent Plan Lands without further notice. (f) Purchasers and/or tenants are advised that the Municipality has not imposed a “tree fee” or any other fee which may be charged as a condition of purchase for the planting of trees. Any “tree fee” paid by a purchaser or tenant for boulevard trees does not guarantee that a tree will be planted on the boulevard adjacent to their residential dwelling. (g) Purchasers and/or tenants are advised that the Municipality does not hold any deposits on account of grading requirements or damage to infrastructure on behalf of purchasers and/or tenants. The Municipality holds security from the Developer to enforce such obligations directly with the Developer and has no authority to release funds to purchasers and/or tenants. (h) Purchasers and/or tenants are advised that servicing corridors and/or walkways are located on Block 20, 21 and 23 of the Phase 1 M-Plan. Purchasers and/or tenants of Blocks 8, 9, 12 and 13 on
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the Phase 1 M-Plan are advised that noise and lighting should be expected from the designed active use of these facilities. (i) Purchasers and/or tenants are advised that a minimum distance of 6.1metre from the edge of a house / garage foundation to the edge of sidewalk could be provided for some of the houses / units. Purchasers are advised to contact the Builder to verify the length of driveway provided with their house / unit to ensure it meets their needs. (j) Purchasers and/or tenants are advised that all Units are equipped with a sump pump
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SCHEDULE "R-1" TO SUBDIVISION AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Phase 1 Amending Agreement.
The provisions of Schedule “R” of the Original Subdivision Agreement will continue to apply to the Remaining Lands with the exception that section 4 is hereby deleted and replaced with the following, and that new sections are added as follows:
FURTHER TERMS FORMING PART OF THIS AGREEMENT
4. NOISE ATTENUATION MEASURES
(a) The Developer hereby covenants and agrees to provide an updated environmental noise report (the “Noise Report”) prepared by a qualified professional engineer, based on the impulse source characteristics at Nissin Transport as identified in “Environmental Noise Impact Study for Draft Approval Plan of Subdivision NT-T- 0004 (Part of the South Half of Lot 1, Concession 14)”, dated January 7, 2002 by Aercoustics Engineering Limited, 75dBAI at 50m. for trailer loading, 78dBAI at 50m for trailer coupling, with a ratio of 10:1 for loading to coupling, said Noise Report to be satisfactory to the Municipality and its consultants. The Noise Report will include an up-to-date topographical survey for any relevant or affected area of the New Tecumseth Recreation Centre (NTRC) or Nissin Transport sites. The Noise Report will contain specific recommendations for noise mitigation measures to provide for sound levels/limits that are lower than the MOE night time, stationary source sound limits of 45dBAI (LLM), or such lower limit as the MOE may set out prior to registration of this Draft Plan (the “Sound Limit”).
The Developer has prepared a Report identified as Noise Impact Study – Update –, Proposed Residential Development, “Kingsgate Alliston, Part of the South Half of Lot 1, Concession 14, Town of New Tecumseth, County of Simcoe” prepared by YCA Engineering Limited, dated August 2016, with the following required mitigation measures:
i. A sound barrier of 10 m. in height measured from the grade elevation of the pavement at the closest loading docks of Nissin Transport or the height necessary to achieve the Sound Limit, placed inside the common property line between the NTRC and Nissin Transport on the NTRC side. The barrier shall commence from point perpendicular to the adjacent east wall of the NTRC, 10 m. to the north from the southernmost extent of the predominant part thereof (i.e., excluding, for example, such things as eaves, architectural elements, porches, etc.) and extending southerly for the greater of 50 m. or the distance necessary to achieve the Sound Limit. The sound barrier can take the form of an earth berm or acoustic fence or a combination thereof, and shall be solid, without gaps or openings, and satisfy a minimum area density of 20 kg/m2. A 10m high by 50m long acoustic barrier (combination berm/fence) installed on the New Tecumseth Recreation Centre lands 0.5m inside the east property line from a point 10.0m north of the southeast corner of the NTRC building to a point 50m south. It is acknowledged that this barrier was constructed by the previous owner of the Development lands;
ii. The provision of a sound barrier with a height to the greater of 1.8 m. (for transportation noise) or the height necessary to meet the Sound Limits and for transportation noise at the rear of Blocks 1,
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18 to 22, 39 and 56 on the current Draft Plan NT-T-0903 (which includes Blocks 11-14 on the Phase 1 Plan), and where the said lots abut Industrial Parkway, prior to the occupation of the first dwelling unit on the aforementioned lots and blocks. The sound barrier can take the form of an earth berm of acoustic fence or a combination of these, and shall be solid, without gaps or openings and satisfy a minimum density of 20 kg/m2.
iii. The Developer shall ensure that the existing sound barrier being approximately 8 m. in height and located adjacent to the NTRC shall be increased in height to the extent necessary to meet the Sound Limit, as it pertains to the subject development, and to Nissin Transfer and Nissin Transport’s proposed northerly expansion as such expansion is contemplated in the “Environmental Noise Impact Study for Draft Plan of Plan of Subdivision NT-T-0004 (Part of the South Half of Lot 1, Concession 14)” dated January 7, 2002, by Aercoustics Engineering Limited, by the time Nissin beings construction of their northerly expansion. If required, after taking into account any noise attenuation provided by the addition of development housing on the north side of Industrial Parkway and buildings located on the NTRC Lands, the Developer shall increase the height of the existing 8 m. sound barrier for that section of the sound barrier required to ensure that the Sound Limit is achieved to the satisfaction of the Municipality as it pertains to this development. Alternatively, the Developer may provide security satisfaction to the Municipality for its obligations pursuant to this paragraph in accordance with terms that may be provided for between the Developer and the Municipality. The maintenance of the sound barrier set out in paragraph (i) above and any increased height to the sound barrier as provided for in this paragraph shall remain the responsibility of the Municipality. The standards for the noise mitigation measures specified in paragraph (i) above and this paragraph may be subject to specific requirements identified by the Noise Report at which time further consultation will be undertaken among the Municipality, the Developer and Nissin Transport. It is acknowledged that the Developer has posted a security in the amount of $30,000.00 as set out in paragraph 7 of “Notes” in Schedule “F”. The posting of this security will be reviewed at the earlier of: 1. Three (3) years from registration of this agreement; 2. The application for Phase 2 development of the Lands by the Developer; or 3. The Developer making a request to the Municipality in the event that the Sorbara Lands have reached a stage of development that will satisfy the noise attention criteria.
iv. Houses on Blocks 14 to 26 inclusive (Plan NT-T-0903, including Blocks 11 to 14 on the Phase I M-Plan) shall not have any second story bedroom window facing towards the industrial operations on the property located on the north side of Industrial Parkway, west of Church Street, legally described as Part 1 of Reference Plan 51R-28517 (the “Nissin Transport Property”. In the event that Nissin expands their building northerly, the Owner shall ensure that the existing sound barrier being approximately 8 metres in height and located adjacent to the NTRC shall be increased in height by 1.0mfrom a point 18m north o the NTRC building for a length of 64m northerly
v. Houses on Lots 125 and 127 to 133 (Plan NT-T-0004), now Blocks 17 to 24 (Plan NT-T-0903) (includes Blocks 11-14 on the Phase 1 M-Plan) shall not have a bedroom window facing towards the industrial operations of the Nissin Transport Property unless
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the Noise Report can demonstrate that window placements can meet the acceptable Sound Limit, or unless security is posted as provided in paragraph (iii) above for an increase in the sound barrier that the Noise Report has demonstrated will achieve the Sound Limit at the proposed bedroom windows;
vi. All dwelling units within the Plan area shall be limited in height to 2 stories; vii. All façade and window construction shall satisfy the requirements of the Ontario Building Code;
viii. Houses on Blocks 1, 17 to 22 (Plan NT-T-0903) (includes Blocks 11 to 14 on the Phase 1 M-Plan) shall have ducting sized to accommodate the installation of central air conditioning by the occupant, which will allow windows and exterior doors to be kept closed, thereby achieving indoor sound levels within the limits recommended by the Ministry of the Environment;
ix. The finished first floor elevation of any house shall not exceed 0.6 m. above grade at the house, unless the Noise Report can demonstrate that acceptable Sound Limits can be achieved;
x. The Developer shall design and construct landscaping features consisting of a combination of landscaping and privacy fencing to address the spacing between the existing sound barrier/berm referred to in paragraph (iii) above and the proposed sound barrier/berm to be constructed by the Developer referred to in paragraph (i) above, designed and constructed to the satisfaction of the Municipality;
xi. Any sound barriers required to be constructed will be in keeping with the Municipality’s Urban Design Guidelines implemented to the satisfaction of the Municipality.
(b) The Developer hereby covenants and agrees to include in all Agreements of Purchase and Sale the warning clauses required by Draft Plan Condition #18 and as more particularly set out in paragraph 7 of Schedule “Q-1”, together with the additional warnings set out in paragraph 8 of Schedule “Q”. The inclusion of these warning clauses in this Subdivision Agreement will serve as registration against each of the affected lots and blocks within the Plan in order to provide warning to future owners and lessors of any of the lots/blocks.
(c) In relation to the lots identified in subparagraph (a), the Developer covenants and agrees to enter into a “Restrictive Covenant Agreement” and a “Lot Maintenance Agreement” in a form approved by the Municipality’s solicitor and to register such Agreements against the title to each of the identified lots after registration of the Plan of Subdivision. There will be no dealings with these lots until such time as the Agreements are registered.
(d) Prior to final approval of the Plan, the Developer shall hire a professional engineer, competent to provide written confirmation to the Municipality, that all of the acoustically-related conditions are accurately reflected either on the detailed design drawings for the subdivision or in the Subdivision Agreement.
(e) The design, construction, inspection and final approval of all required acoustical measures will be certified by an acoustical consultant in accordance with the standards set out in the Noise
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Impact Study – Update – prepared by YCA Engineering Limited as noted in paragraph (a) above.
(f) The Developer hereby covenants and agrees that it shall retain a qualified professional engineer who shall provide written confirmation to the Municipality that:
i. All of the acoustically-related noise features outlined in subparagraph (a) above (Draft Plan Condition #17) have been integrated into the design of houses for Lots 125 and 127 to 134 (Plan NT-T-0004), now Blocks 16 to 26 (Plan NT-T-0903, includes Blocks 11 to 14 on the Phase 1 M-Plan), prior to the issuance of building permits for these lots; and
ii. All of the acoustically-related noise features outlined in subparagraph (a) above (Draft Plan Condition #17) have been properly constructed in the houses on Lots 125 and 127 to 134 (Plan NT-T-0004), now Blocks 16 to 26 (Plan NT-T-0903, includes Blocks 11-14 on the Phase 1 M-Plan), prior to the occupation of any houses on these lots.
(g) Warning clauses shall be included in Agreements of Purchase and Sale in relation to those lots as set out in Schedule “Q-1”, paragraph 7.
(h) The Developer hereby covenants and agrees that prior to the occupation of the first dwelling unit within the Plan, the owner shall obtain a professional engineer, competent to provide written confirmation to the Municipality, the construction of the acoustical barrier along the eastern boundary of the park and NTRC, originally Blocks 143 and 144 (Plan NT-T-0004), as draft-approved on January 18, 2002 that is to be constructed by the Developer pursuant to paragraph (a) (i) and (iii) above, has been properly constructed and will function in accordance with the design. It is acknowledged that this certification was provided by the previous Developer’s Consultant.
(i) The Developer hereby covenants and agrees to enter into the “Restrictive Covenant Agreement” in a form similar to that set out in the Draft Plan Condition and as approved by the Municipality with respect to the portion of the Lands (NT-T-0903) described as Blocks 16 to 26 on the Plan (includes Blocks 11-14 on the Phase 1 Plan), which shall include a provision that will restrict access to Industrial Parkway from the said blocks and to register such Restrictive Covenant upon title to such lands upon final registration of the Plan of Subdivision. The Municipality may require the Developer to enter into a similar Restrictive Covenant Agreement with Nissin Transport in the event that the Noise Report determines that the sound barrier referred to in paragraph (a) (ii) above is to be increased from 1.8 m. to meet the Sound Limit.
(j) The Developer hereby covenants and agrees in this Subdivision Agreement to enter into the “Lot Maintenance Agreement” in a form similar to that attached to the Draft Plan Conditions and approved by the Municipality, with respect to Blocks 16 to 26 (Plan NT-T- 0903, includes Blocks 11-14 on the Phase 1 Plan) and to have such Agreement registered on the title to such lands upon final registration of the Plan of Subdivision. The Developer further agrees to obtain a covenant similar to that which is set out in Schedule “B” from any purchaser or any person to whom any of the aforementioned lots or blocks, or any part thereof, is conveyed, transferred, mortgaged, leased, or otherwise disposed of, for the
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benefit of the Municipality and to have such covenants registered upon the title to such lands. The Municipality may require the Developer to enter into a similar Lot Maintenance Agreement with Nissin Transport in the event that the Noise Report determines that the sound barrier referred to in paragraph (a) (ii) above is to be increased from 1.8 m. to meet the Sound Limit.
(k) The Developer hereby covenants and agrees to provide the Noise Report to Nissin Transport and the Municipality at the same time, and Nissin Transport shall have forty-five (45) days from the receipt of the Noise Report to review it and provide comments to the Municipality or twenty-one (21) days from any subsequent revision or addendum to the Noise Report, prior to acceptance by the Municipality. The Municipality will not approve the Noise Report and recommended noise mitigation measures until the earlier of the following: the 45th day after the provision of the Noise Report to Nissin Transport by the Developer, and such time as the Municipality has received comments from Nissin Transport in regards to the Noise Report and the proposed noise mitigation measures. If no comments are received by the Municipality from Nissin by the end of forty-five (45) days after the provision of the Noise Report to Nissin Transport, the Municipality will assume Nissin is in agreement with the Noise Report.
(l) The Municipality shall provide Nissin Transport with a copy of the confirmations referenced in paragraphs (c) and (d) above (Draft Plan Conditions #19 and #20), within twenty-one (21) days of receipt.
(DRAFT PLAN CONDITIONS #17, #18, #19, #20, #21, #22, #23, #24 AND #25.)
10. EROSION & SEDIMENT CONTROL
The Developer shall be responsible for ensuring that erosion and sediment controls required on the site are inspected on a weekly basis, and that the inspection and any maintenance and/or repair activities are documented. The Developer and/or his Consultant shall provide the Municipality documentation of the inspections and activities in a checklist format as a minimum, to the satisfaction of the Municipality.
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