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CITY OF KINGSTON

REPORT TO COUNCIL

Commissioner Beach, Sustainability & Growth

Commissioner Thurston, Community Development Services

I Report No.: 09-070 I

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TO: Mayor and Council

FROM:

RESOURCE STAFF:

DATE OF MEETING: March 3,2009

SUBJECT:

Denis Leger, Commissioner of Corporate Services

Sheila Kidd, Director of Corporate Asset Operations Robert (Bud) Steele, Manager of Fleet

RFP F31 -CS-FL-2009-1 16' Rotary Rough Mower

EXECUTIVE SUMMARY:

The purpose of this report is to seek Council approval to award an RFP for the purchase of one 16' rotary rough mower to Turf Care Products Canada. Council approval is required as staff received only two bid submissions for this unit.

RECOMMENDATION:

THAT the RFP F31 -CS-FL-2009-1 for the purchase of one 16' rotary rough mower be awarded to Turf Care Products Canada for the purchase price of $76,500 plus applicable taxes.

AUTHORIZING SIGNATURES:

I Denis Leger, Commissioner of Corporate Services

RATlVE OFFICER

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

I commissioner Leger, corporate Services I Jim Keech, President, Utilities Kingston

(N/R indicates consultation not required) 3

REPORT TO COUNCIL.

Price Fuel Economy & GHG Emissions

Delivetv Ergonomics, driver comfort and ease of use

March 3,2009 - -

35% 25% 20% 10%

Report No.: 09-070

Vendor

OPTIONS/DISCUSSION: The Fleet Services Division issued an RFP on behalf of the Public Works Department for the purchase of one rotary all terrain mower with a 16' cutting width.

This unit is to replace an existing unit that has fulfilled lifecycle expectations. Two proposals were submitted which Fleet staff reviewed and scored.

Purchase Price (excluding applicable tax) Rank

Table 1 - Evaluation of Proposals

Turf Care Products Canada

G.C. Duke Equipment Ltd.

1 $76,500

2 $72,500

When staff reviewed the proposals, the above-noted criteria was considered which included company profile as well as the ability to provide parts, service and warranty representation for the proposed product. This RFP took into consideration all aspects of the Green Fleet Policy.

With the exception of the price, fuel consumption and greenhouse gas emissions, the two submissions are very comparable however there is a very compelling separation in the two units when engine performance is reviewed. The G.C. Duke unit uses 13.25 liters of fuel per hour versus the Turf Care submission that uses 8.4 liters of fuel per hour.

The same discernable difference is noted when greenhouse gas is compared. One liter of diesel fuel produces about 2.7 kgs of C02( carbon dioxide), based on that calculation, the G.C. Duke unit would produce about 35.78 kgs of C02 per hour as opposed to 22.68 kgs C02 per hour emitted from the Turf Care machine.

The lifecycle expectation of this unit is 3500 hours. Using the 2008 average color diesel price of $1.02 per liter against the projected usage of the two units, the following calculations would be as follows:

G.C. Duke Projected fuel cost - $46,375 Turf Care Projected fuel cost - $29,400

A projected net difference in projected fuel cost over the life of the unit is $16,975. Coupled with a C02 greenhouse gas emission reduction of 45,850 kgs over its competitor further supports the Turf Care mower recommendation to purchase.

Table 2 - Comparison of Proposals

REPORT TO COUNCIL March 3,2009

- - Report No.: 09-070

EXISTING POLICY/BY LAW:

By-law 2000-1 34, a By-law to Establish Purchasing Policies and Procedures for the Cify of Kingston Green Fleet Policy for the Cify of Kingston

NOTICE PROVISIONS: NIA

ACCESSIBILITY CONSIDERATIONS: Ontarians with Disabilities Act

FINANCIAL CONSIDERATIONS:

This purchase is funded from the 2007 capital budget as approved by Council.

CONTACTS: Bud Steele, Manager of Fleet

Damon Wells, Manager Public Works

OTHER CITY OF KINGSTON STAFF CONSULTED:

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61 3-546-4291, Ext. 221 6

61 3- 546-4291, Ext. 231 3

EXHIBITS A l l ACH ED: NIA

COUNCIL MEETINGO?' RAR 0 I '09

CITY OF KINGSTON i e

IlFIIT Ihl REPORT TO COUNCIL

I Report No.: 09-078 I TO: Mayor and Council

FROM: Denis Leger, Commissioner, Corporate Services

RESOURCE STAFF: Sheila Kidd, Director of Corporate Assets Robert (Bud) Steele, Fleet Manager


SUBJECT: RFP F31-CS-FL-2009-02 Multifunctional Dual Traction Sidewalk Tractor

EXECUTIVE SUMMARY:

The purpose of this report is to seek council approval to award an RFP for the purchase of one Multifunctional Dual Traction Sidewalk Tractor to RPM Tech. The proposal from RPM Tech scored the highest and is being recommended as the preferred selection. As RPM Tech was not the lowest bidder and only two submissions were received, staff does not have delegated authority for this purchase and require Council approval to proceed.

RECOMMENDATION:

THAT the RFP F31-CS-FL-2008-02 for the purchase of one Multifunctional Dual Traction Sidewalk Tractor be awarded to RPM Tech for the purchase price of $156,740 plus applicable taxes and,

THAT a further amount of $56,360.75 plus applicable taxes be funded from the Equipment Replacement Reserve Fund to supplement the amount of $100,379.25 previously approved in the 2009 capital budget.

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REPORT TO COUNCIL.



Commissioner Leger, Corporate Services

Jim Keech, President, Utilities Kingston

March 3,2009 - Page 2 -

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Report No.: 09-078


ORIGINAL bibNED BY COMMISSION tR Denis Leger, Commissioner of Corporate Services

Gerard Ml!lAu@D Hunt, Chief Administrative RvrHIFFannnrhllnRATlVE Officer OFFICER


REPORT TO COUNCIL. March 3,2009 - Page 3 -

Functionality Fuel economv

COUNCIL MEETjNeO7 MAR 0 3 '09

Report No.: 09-078

25% 15%

OPTIONSIDISCUSSION:

The City of Kingston presently owns and operates a fleet of twelve sidewalk tractors, three of which are track-driven and not convertible to wheels for summer use. These units are very efficient for plowing and sanding duties however limited to winter use only.

Ergonomics Deliverv

Of the remaining nine tractors, seven are driven by conventional axles, articulate in the middle for agility and are mounted on rubber tires. These are much more versatile units than the dedicated track-driven machines mentioned above and can be used in all seasons of the year with a variety of attachments from winter plowing and sanding to summer duties that include sidewalk sweeping as well as grass and brush cutting.

10% 10%

The remaining two tractors of the twelve are recent additions to the fleet acquired in December 2008. These units are track-driven for winter use and are convertible to wheels with articulation capability for summer duties. They are aptly named Cameleon by virtue of their ability to adapt to any climate environment.

Serviceability Warranty TOTAL

When it comes to plowing in heavy deep snow or hard pack conditions, track machines dominate. They are able to transfer more power and motive force to the ground through the track system than their counterparts. Winter 2008/2009 has been a good test for the Cameleon which has proven to outperform its predecessors and with the conversion capability is recommended for purchase.

5% 5%

100%

The Fleet Services Division issued an RFP on behalf of the Public Works Department for the purchase of one Multifunctional Dual Traction Sidewalk Tractor. Two submissions came forward with varied proposals which Fleet staff reviewed and scored.

A panel from the Fleet Department reviewed and evaluated the two proposals utilizing the point scheme shown in Table 1.

Table 1 - Evaluation of Proposals

I Price I 30% I

When staff reviewed the proposals, the above-noted criteria were considered which included company profile as well as the ability to provide parts, service and warranty representation for the proposed product. Warranty on this product was double the operating hours (1 500 hrs) of the competing bids.

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COUNCEE MEETING07 hAR 0 3 ‘09

Report No.: 09-078

Multifunctionalldual traction, as outlined to bidders, means that the machine uses a track system for maximum traction during the plow season and is convertible to wheels for the remaining months of the year to accommodate other seasonal functions such as sweeping, grass cutting and the operation of a boom flail for ditch cutting to name a few.

Other requirements of the RFP were that the proposed unit adapt to and interact with all of the implements presently owned by the City, some of which are mentioned above. The RPM Tech submission “Cameleon” is the only unit offered with conversion ability from tracks to wheels and can also be used with presently owned attachments.

The RPM Tech unit uses a tier two diesel engine that conforms to present EPA (Environmental Protection Agency) standards and offers up to eight hours of run time per tank of fuel under normal working conditions.

Fleet was unable to make a conclusive fuel economy comparison between the two units due to the testing methods submitted by each company coupled with the difference in machine design, engine manufacturer and horse power rating.

The Cameleon figures were based on winter plowing work conditions. The Trackless unit was tested in the summer on a test track with no load or implements attached. The Trackless is a smaller machine with 30 less horsepower than its competitor and uses a Cummins engine vs. a Caterpillar in the Cameleon.

Based on versatility, design and the horse power output of the Cameleon machine, fuel consumption will likely be greater than the competing unit. However service demands were predominant over fuel economy in evaluating the submissions.

Also in the RPM Tech “Cameleon” submission, the cab, suspension, and seating are all mounted on an air ride system to accentuate driver comfort and safety in rough terrain. The RPM Tech submission was the only machine with the air ride cab and suspension function.

RPM Tech, the recommended supplier, is the only bidder to meet the specifications.

The rank and purchase price for each vendors proposal are shown in Table 2.

Table 2 - Comparison of Proposals

I Joe Johnston Equipment $100,875 I I RPMTech $1 56,740

EXISTING POLlCYlBY LAW:

By-law 2000-1 34, a By-law to Establish Purchasing Policies and Procedures for the Cify of Kingston Green fleet Policy approved by Council 08/09/03

NOTICE PROVISIONS:

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Report No.: 09-078

ACCESSIBILITY CONSIDERATIONS:

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FINANCIAL CONSIDERATIONS: Council approved an amount of $100,379.25 for the replacement of a trackless sidewalk plow as part of the 2009 equipment replacement program approved on December 16,2008. The amount proposed at that time only considered like for like replacement. Due to service and performance requirements, information had previously been provided to council that it was preferable to pursue purchase of the versatile equipment. Since there is an unbudgeted amount of $56,360.75, a capital budget amendment with funding from the equipment replacement reserve funds is required. During 2009, fleet rates will be reviewed to determine the appropriate internal charge out rates that are appropriate to ensure the eventual replacement of these units.

CONTACTS:,

Bud Steele, Manager of Fleet

Damon Wells, Director Public Works


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61 3-546-4291 , Ext. 221 6

61 3- 546- 4291 , Ext. 231 3

EXHIBITS ATTACHED:

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CITY OF KINGSTON i c

,A REPORT TO COUNCIL lIDm e N - -



I Report No.: 09-079 I

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FROM:

RESOURCE STAFF:

Lance Thurston, Commissioner, Community Development Services

Terry Willing, Director, Building i3 Licensing Department Greg McLean, Supervisor, By-Law Enforcement and Animal Control


SUBJECT: Issuance of Parking Tickets on Private Property owned by Gilad Parking at 19 Brock Street

EXECUTIVE SUMMARY: Gilad Parking has requested authority to issue City of Kingston parking tickets for unauthorized parking on the property located at 19 Brock Street.

RECOMMENDATION: THAT a by-law be presented to amend By-Law No. 99-1 66, "A By-Law To Prohibit The Parking Or Leaving Of Motor Vehicles On Private Property Without The Consent Of The Owner Or Occupant Of The Property, Or On Property Owned Or Occupied By The City Of Kingston Or Any Local Board Thereof, Without The Consent Of The City Of Kingston Or Local Board", to appoint various security agency staff contracted by Gilad Parking for the purpose of issuing parking violation tickets and to enforce the provisions of By-law 99-1 66 on the property owned by Gilad Parking at 19 Brock Street and,

THAT this approval is subject to the applicant entering into an agreement in a form satisfactory to the City Solicitor to indemnify and save harmless the City from all claims and actions that might arise, and subject further to providing proof of sufficient insurance in a form satisfactory to the City Solicitor, and,

THAT the by-law receive all three readings.

AUTHO RIZING SIGNATURES:

1 ORIGINAL bibNED BY COMMISSIONER Lance Thurston, Commissioner of Community Development Services

W T I V E OFFICER Gerard Hunt, Chief Administrative Officer

CONSULTATION WITH THE FOLLOWING COMMISSIONERS: I

Jim Keech, President, Utilities Kingston I NIR

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REPORT TO COUNCIL Issuance of Parking Tickets on Private Property

2008-03-03 - Page 2 -

COUNCIL MEETING07 MAR 0 3 ’09 Report No.: 09-079

OPTIONSIDISCUSSION: The Municipal Act enables Council to authorize such a request. It has been an existing policy for many years for the City to grant this type of authorization to property owners to issue tickets on their own property to assist them in controlling traffic and parking concerns on private property. Currently, the City of Kingston has authorized approximately thirty-seven private landowners with similar authority. The applicant has agreed to indemnify the City and provide proof of insurance. The applicant has agreed to use City parking infraction notices and to issue notices in accordance with City of Kingston parking polices. The City would retain all revenue.

Allowing the property owner to issue parking tickets provides himlher an alternative to towing a vehicle, or if towing becomes necessary, the issuance of a ticket further legitimizes such an action.

Persons authorized under this by-law receive training before being supplied with City of Kingston parking tickets for their designated private properties. Ticketing activity on private property is monitored by Licensing & Enforcement staff to ensure that the appointee is in compliance with the relevant requirements in the Provincial Offences Act, and with municipal by-laws and divisional policies.

A City of Kingston parking ticket issued on private property can be contested in the same manner as a ticket issued on public property, including administrative andlor judicial review.

This authorization may be withdrawn at any point in the future by repealing the amendment, should it ever prove to become a burden to the City, financially or otherwise.

EXISTING POLICYIBY LAW: By-law 99-166 regulates the parking of vehicles on private property and on property owned or occupied by the City of Kingston.


ACCESSIBILITY CONSIDERATIONS: NIA

FINANCIAL CONSIDERATIONS: There may be a minor increase in ticket revenue.

CONTACTS: Kim Leonard, Manager, Licensing & Enforcement, (613) 546-4291 , ext. 3222 Greg McLean, Supervisor, By-Law Enforcement & Animal Control, (61 3) 546-4291 , ext. 1336 Michael Casey, Manager, Gilad Parking, (61 3) 226-2000

OTHER CITY OF KINGSTON STAFF CONSULTED: Legal Services

EXHIBITS ATTACHED: Exhibit “ A - Draft By-Law Amendment

REPORT TO COUNCIL Issuance of Parking Tickets on Private Property

2008-03-03 - Page 3 -

Report No.: 09-079

Exhibit ‘ A Clause XI Report XI 2009

BY-LAW NO. 2009-IOJ

A BY-LAW TO AMEND BY-LAW 99-166 “A BY-LAW TO PROHIBIT THE PARKING OR LEAVING OF MOTOR VEHICLES ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OR OCCUPANT OF THE PROPERTY, OR ON PROPERTY OWNED OR OCCUPIED BY THE CITY OF KINGSTON OR ANY LOCAL BOARD THEREOF, WITHOUT THE CONSENT OF THE CITY OF KINGSTON OR THE LOCAL BOARD” to appoint various staff for the purpose of issuing parking violation tickets and to enforce the provisions of By-law 99-166 on the property owned by Gilad Parking at 19 Brock Street.

THEREFORE the Council of the Corporation of the City of Kingston enacts as follows:

1. THAT By-Law 99-1 66, “A by-law to prohibit the parking or leaving of motor vehicles on private property without the consent of the owner or occupant of the property, or on property owned or occupied by the City of Kingston or any board thereof, without the consent of the City of Kingston or the local board”, as amended, is hereby further amended by adding under Sec. 11:

The following is a list of all Properties and Officials who have hereby been authorized to enforce this by-law:

Gilad Parkina at 19 Brock Street

Les Badour Melissa White Josh Morrissey Patrick White Gary Gostlin Chris Nalon Melissa Trotter

2. THAT this by-law shall come into force and take effect on the date of its passing.

GIVEN FIRST AND SECOND READINGS:

GIVEN THIRD READING AND FINALLY PASSED:

CITY CLERK MAYOR

COUNCIL MEET IN GO^ u 3 '09

CITY OF KINGSTON

REPORT TO COUNCIL

I ReDort No.: 09-090 I


FROM:

RESOURCE STAFF:

Jim Keech, President & C.E.O., Utilities Kingston

John Giles, Manager, Solid Waste Division

DATE OF MEETING: 2009-03-03

SUBJECT: Award of RFP F31 -PW-SW-2-2009 Household Hazardous Waste Operations

EXECUTIVE SUMMARY:

The Solid Waste Division issued Request for Proposal F31-PW-SW-2-2009 for the Supply of Operations Services for the Household Hazardous Waste facility on January 12,2009, closing on February 4,2009.

Two proposals, one from Drain-All Ltd. and the other from Lacombe Waste Services were accepted and evaluated. Purchasing By-law 2000-134, section 3.4, specifies that when less than three valid responses are received and the contract is over $50,000 Council approval is required.

RECOMMENDATION:

THAT Drain-All be awarded the contract in response to RFP No. F31-PW-SW-2-2009 Supply of Operations Services for the City of Kingston Household Hazardous Waste Facility in the amount of $60,200.00 for one year with two additional one year options; and

THAT the agreement be in a form satisfactory to the Legal Services Division; and

THAT the Mayor and Clerk be authorized to sign the agreement.

REPORT TO COUNCIL.




Jim Keech, President, Utilities Kingston

2009-03-03 - Page 2 -

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COUNCIL


ORIGINAL SIGNED BY PRESIDENT & c.E.o., uTii inEs KINGSTON Jim Keech, President & C.E.O., Utilities Kingston

1 ORIGINAL SIGNED BY (HIEF ADMINISTRATIVE OFFICER 1 Gerard Hunt, Chief Administrative Officer


(Nh? indicates consultation not required)

REPORT TO COUNCIL.

Company Name Drain-All Ltd. Lacombe Waste Services

Report No.: 09-090

Pricing Component - Annual Cost $60,200.00 1 st $1 87,480.00 2nd

Evaluation Ranking

2009-03-03 - Page 3 -

OPTIONS/DISCUSSION:

The Solid Waste Division issued Request for Proposal No. F31 -PW-SW-2-2009 on January 12, 2009 for the operation of the City’s Household Hazardous Waste (HHW) facility at 196 Lappan’s Lane, as the previous contract expired on December 31, 2008. The RFP closed on February 4,2009.

Two proposals were accepted and evaluated, the details of which are summarized below. The pricing is to provide staffing services to operate the facility for the 43 days open in 2009, including a staffed reuse table for redistribution of select received products. A resulting contract will be for one year with two additional one year options, as recommended by Stewardship Ontario. Pricing for optional years is subject to the average annual Consumer Price Index for all items (Ontario) for the previous year.

EXISTING POLICY/BY LAW:

Purchasing By-law 2000-134, section 3.4, specifies that when less than three valid responses are received and the contract is over $50,000 Council approval is required.

NOTICE PROVISIONS:

There are no notice requirements associated with the subject of this report.

ACCESSIBILITY CONSIDERATIONS:

The HHW facility at KARC is accessible to persons with disabilities.

FINANCIAL CONSIDERATIONS:

The 2009 approved budget to operate the HHW facility is $60,395.

CONTACTS: N/A


John Rhodes, Supervisor, Solid Waste Disposal Janis Morrison, Purchasing Coordinator

EXHIBITS AllACHED: N/A

REPORT TO COUNCIL UTILITIES KINGSTON 1425445 ONTARIO LIMITED

utilities kingston water sewer gas electricity networks all yourutilHyrwr*a undcrom mof

Report 09-092


FROM:

RESOURCE STAFF:


SUBJECT:

Jim Keech, President and CEO, Utilities Kingston

Jim Miller, Manager, Technical Resources, Utilities Kingston

Naming Conventions for Utility Facilities

EXECUTIVE SUMMARY:

The use of the suffix “environmental centre” had been identified as a concern when used to identify facilities that treat sewagelwaste water. Various suffixes were reviewed by staff. The original recommendation noted that for facilities other than Ravensview the term “sewage treatment plant” be utilized and it suggested that the same term be used for Ravensview as well. The deferred motion of Council reflects the recommendation; however minor grammatical changes to Clause b have been made as enclosed. No other changes to the motion are recommended.

RECOMMENDATION:

That Council endorse the following naming conventions for utilify infrastructure facilities:

For plants used to treat water for consumption or for waste water treatment the name used to identify the facilify will be based on a geographical reference to the area in which it is located where feasible or will utilize the street name from which access to the facilify is achieved; and Waste water facilities will be identified with the suffix “sewage treatment plant” and facilities used to produce potable water will have the suffix “water treatment plant”; and Other facilities used as part of the sanitary collection system will have the suffix ‘pumping station”; facilities used in the water distribution system will have the suffix “booster station”; and facilities used in the gas distribution system will have the suffix ‘tegulating station” Names used for facilities used in the distribution and collection systems (water, sewer and gas) will be selected on the basis of the street upon which the facilify derives its municipal address from; and The following names are approved: Ravensview Sewage Treatment Plant, Cataraqui Bay Sewage Treatment Plant, Cana Sewage Treatment Plant, Point Pleasant Water Treatment Plant, King Street Water Treatment Plant and Cana Water Treatment Plant and City Gate Regulating Station.

REPORT TO COUNCIL

Commissioner Thurston, Communify Development Services


2009-03-03 - Page 2 -

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Report No.: 09-092

I ORIGINAL SIGNED BY PRESIDENT & C.E.O., UTILITIES KINGSTON I Jim Keech, President and CEO, Utilities Kingston

I ORIGINAL SIGNFD BY CHIEF ADMINISTRATIVE OFFItER I Gerard Hunt, Chief Administrative Officer


Commissioner Beach, Sustainabilify & Growth I N/R

I Jim Keech, President, Utilities Kingston I J I (AVR indicates consultation not required)

REPORT TO COUNCIL. 2009-03-03 - Page 3 -

COUNCIL MEET IN GO^ WAR 0 -4 ‘09 Report No.: 09-092

OPTIONSIDISCUSSION:

In response to Council’s deferral of the enclosed motion and a request to consider other naming conventions for our sewage treatment facilities, the following information is provided.

The original recommendation was:

That Council endorse the following naming conventions for utility infrastructure facilities:

a) For plants used to treat water for consumption or for waste water treatment the name used to identify the facility will be based on a geographical reference to the area in which it is located where feasible or will utilize the street name from which access to the facility is achieved; and

b) Waste water facilities will be identified “sewage treatment plant” where the nature of facility warrants such a designation, otherwise the term sewage treatment plant will be utilized and facilities used to produce potable water will have the suffix “water treatment plant”; and

c) Other facilities used as part of the sanitary collection system will have the suffix “pumping station’: facilities used in the water distribution system will have the suffix “booster station’: and facilities used in the gas distribution system will have the suffix “regulating station”

d) Names used for facilities used in the distribution and collection systems (water, sewer and gas) will be selected on the basis of the street upon which the facility derives its municipal address from; and

e) The following names are approved: Ravensview Sewage Treatment Plant, Cataraqui Bay Sewage Treatment Plant, Cana Sewage Treatment Plant, Point Pleasant Water Treatment Plant, King Street Water Treatment Plant and Cana Water Treatment Plant and City Gate Regulating Station.

It is staffs understanding that Clause “ b which recommended the suffix “environmental centre” be used to denote sewage treatment facilities is of concern.

In an effort to provide a greater public acceptance of sewage treatment facilities, the industry has struggled for years with developing descriptive, meaningful names for such places that promote the positive good. The term “Sewage Treatment”, which was shortened from an earlier “Sewerage Treatment”, while quite direct and descriptive, does not address the positive image for the facility.

Two commonly accepted terms in use by the industry are ‘Wastewater Treatment PlantlFacility” (WWTP or WWTF) and ‘Water Pollution Control Plant” (WPCP). Both are descriptive and provide some positive view of the facility. Wastewater, can however be improperly shortened to Water, thereby causing confusion as ‘Water Treatment Plants” are the ones which provide the potable treated water for consumption. Pollution Control, while a widely used term, may be confusing to the general public as it may be seen as something more than it is.

In response to the concerns raised the following terms were reviewed: 1) Environmental Protection Centre (EPC) 2) Environmental Centre (EC) 3) Wastewater Treatment Plant (WWTP) 4) Wastewater Treatment Facility (WWTF) 5) Water Pollution Control Plant (WPCP) or Pollution Control Plant (PCP) 6) Water Pollution Control Facility (WPCF) or Pollution Control Facility (PCF) 7) Sewage Treatment PlantlFacility (STPETF)

In summary we note that the original recommendation called for the suffix “sewage treatment plant” for our other facilities. We would therefore suggest, for consistency, that the same term be utilized for all facilities used to treat sewage. The motion received by Council from Committee reflected that change in suffix. Therefore the motion deferred by Council at its meeting on February 17,2009 reflects the wording necessary to refer to our waste water facilities as “sewage treatment plants” :7

REPORT TO COUNCIL. COUNCIL ME€TING07 b!AR 0 3 '09

Report No.: 09-092 2009-03-03 - Page 4 -

EXISTING POLICY/BY-LAW: N/A

NOTICE PROVISIONS: N/A

ACCESSIBILITY CONSIDERATIONS: N/A

FINANCIAL CONSIDERATIONS: N/A

CONTACTS:

0 Jim Miller, Manager, Technical Services, Utilities Kingston - 613-546-1 181 Extension 2475

OTHER CITY OF KINGSTON STAFF CONSULTED: NIA

EXHIBITS ATTACHED: N/A

- - - IEfIlT CITY OF KINGSTON

REPORT TO COUNCIL

I ReDort No.: 09-097 I

TO:

FROM:

RESOURCE STAFF:

DATE OF MEETING:

SUBJECT:

Mayor and Council

Cynthia Beach Commissioner, Sustainability and Growth

George Wallace Director, Planning and Development Department

2009-03-03

Draft Plan of Subdivision 1135 Maria Avenue (Woodhaven Subdivision) DRAFT PLAN OF SUBDIVISION Applicant - Tamarack (Cataraqui West 1) Corporation Agent - FoTenn Planning and Urban Design File No. D12-036-2008

EXECUTIVE SUMMARY: On February 03, 2009 Council adopted Planning Committees recommendation to approve a residential Draft Plan of Subdivision for 534 single detached residential lots, 9 residential blocks, 2 multiple family blocks, 1 park block and 6 open space and Environmental Protection Area blocks on lands municipally known as 11 35 Maria Avenue.

Section 52(37) of the flanninu Act requires that, "lf the approval authority gives or refuses to give approval to a draft plan of subdivision, the approval authority shall, within 15 days of its decision, give written notice of it."

The Notice of Decision was not sent within 15 days of Council's decision on February 03,2009.

The Planning and Development Department is requesting that Council re-approve the draft plan of subdivision and conditions of draft plan of subdivision approval for 1135 Maria Avenue (file no. D12-036-2008), in order to comply with the regulation for Notice of Decision in the Planninu Act.

RECOMMENDATION: THAT the application for Draft Plan of Subdivision (File No. D12-036-2008) submitted by Tamarack (Cataraqui West 1) Corporation for the property known municipally as 11 35 Maria Avenue BE APPROVED, subject to the following conditions:

1, Approved Draft Plan: That this approval applies to the Drafl Plan of Subdivision, prepared by Grange W. Elliott Ltd, dated December 17, 2008 which shows the following: 0

0 :3 534 residential lots (Lots 1-456 & 457-535); 9 residential blocks (Blocks 541 -545 & 551 -554);

REPORT TO COUNCIL Report No.: 09-097 2009-03-03 - Page 2 -

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2 multiple family residential blocks (536 & 563) 1 block for parkland dedication (Block 540); 6 blocks for environmental protection and Open Space (Blocks 546, 547,550, 556, 557 & 558); 3 block($ for stormwater management pond (Blocks 539, 549 & 565); 13 new roadways (Maria Avenue, Crimson Crescent, Lexington Drive, Evergreen Drive, Escala Crescent, Iris Drive, Buckthorn Drive, Wildgrove Way, Boardwalk Drive, Cherry Cove Court, Azalea Way, Street ‘A’ and a portion of the Cataraqui Woods Drive Extension.

2. Streets and Civic Addressing:

(a) That the road allowances included in this Plan shall be shown and dedicated as public highways.

(b) That the Streets within this Plan shall be named to the satisfaction of the Municipality, in consultation with the Planning and Development Department, in accordance with the Municipality’s Civic Addressing and Road Naming By-Law. The proposed street names shall be submitted by the Owner for approval by the Planning and Development Department and shall be included on the first submission of the engineering drawings.

(c) That Prior to Final Plan Approval, the Owner shall provide confirmation that civic addresses have been assigned to the proposed lots and blocks by the Municipality’s Planning and Development Department, in accordance with the Municipality’s Civic Addressing and Road Naming By-Law.

(d) That the road allowances within the Plan shall be designed in accordance with the Municipality’s engineering standards and shall be dedicated to the Municipality free of all charge and encumbrances. The streets, lots and blocks shall be designed to coincide with the development pattern on adjacent properties.

(e) That Prior to Final Plan Approval, the Owner shall deed to the Municipality all required Block(s) as daylighting triangles.

(f) That any dead end or open side of a road allowance within the Plan shall be terminated in a 0.3 m reserve to be conveyed to the Municipality free of all charges and encumbrances.

(9) That the Owner shall agree that the location and design of any construction access shall be approved by the Municipality andlor the appropriate authority.

3. Reserves and Easements:

(a) That any dead ends and open sides of the road allowances created by this Plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust, by the Municipality.

(b) That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority free of all charges and encumbrances.

4. Financial Requirements:

(a) That the Owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Municipality concerning all provisions of municipal services including but not limited to fencing, lighting, landscaping, sidewalks, roads, installation of underground services, provisions of drainage and noise mitigation where required.

(b) That Prior to Final Plan Approval, the Owner shall submit for the Municipality’s approval a detailed breakdown of the construction costs for the works associated with the development of this Plan, including any cash surcharges (’j

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COUNCIL MEETING^^ NAR 9 3 ‘09

REPORT TO COUNCIL 2009-03-03 - Page 3 -

Report No.: 09-097

5.

6.

7.

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or special levies. The construction costs shall be prepared and stamped by a Professional Engineer. The cost estimate shall be submitted in the Municipality’s standard format for incorporation into both the Pre-Servicing and Subdivision Agreements.

(c) That the Owner shall bear the expense of all off site works resulting from the approved public works design where such works are not subsidized under the Policies and By-Laws of the Municipality.

(d) That the Owner agrees to reimburse the Municipality for the cost of any Peer Reviews of the Studies / Reports submitted in support of the proposed Plan of Subdivision.

Subdivision Agreement:

(a) That the Owner shall enter into the Municipality’s standard Subdivision Agreement which shall list all approved plans and municipal conditions as required by the Municipality for the development of this Plan.

(b) The Subdivision Agreement between the Owner and the Municipality shall be registered against the lands to which it applies once the Plan of Subdivision has been registered.

(c) That the Subdivision Agreement shall contain all necessary warning clauses and notices to purchasers resulting from, but not necessarily restricted to, the design and provision of services, including the requirement to provide and maintain private site specific works as necessary.

Holding Provisions:

That the Municipality shall require the use of ‘-HI Holding Provisions in accordance with Section 36 of the flannina Act. The terms for the removal of the Holding ‘-HI Holding Symbol shall be in accordance with Section 6(6) of Zoning By-Law No. 76-26 and shall require the following:

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confirmation of sufficient servicing capacity for the development; that all necessary approvals have been received from all other agencies and government bodies and any required Agreements have been executed by the Owner; and that a Zone Change Application has been approved by the Municipality to remove the ‘-H’ Holding Symbol.

Engineering Drawings:

(a) That Prior to Final Plan Approval, the Owner shall submit for approval, subdivision design drawings, including design plans for all public works and services, prepared and certified by a Professional Engineer and designed pursuant to the Municipality’s Subdivision Design Guidelines and to the satisfaction of the Municipality. Such plans are to form part of the Subdivision Agreement.

(b) That Prior to Final Plan Approval, the Owner shall submit a digital listing of the approved subdivision design drawings in the Municipality’s standard format for incorporation into the Pre-Servicing and Subdivision Agreement.

Revisions to Draft Plan:

(a) That any further subdivision of Blocks or additional road patterns on the Plan shall be completed to the satisfaction of the Municipality.

(b) That Prior to Final Plan Approval of any part of the Plan, the Owner shall submit a revised Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval.

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(c) That where final engineering design(s) result in minor variations to the Plan (e.g., in the configuration of road allowances and lotting, number of lots, etc.), these may be reflected in the Final Plan to the satisfaction of the Municipality.

9. Phasing:

(a) That Final Plan Approval for registration may be issued in phases to the satisfaction of the Municipality, subject to all applicable fees.

(b) That the phasing of the development shall be reflected in the Subdivision Agreement and on the approved subdivision design drawings to the satisfaction of the Municipality, taking into account the temporary termination of underground services, interim grading, interim stormwater management, operations and maintenance vehicle access and access for emergency vehicles.

(c) That the phasing of the development shall be proposed in an orderly progression, in consideration of such matters as the timing of road improvements, infrastructure, schools and other essential services.

(d) That all agencies agree to registration by phases and provide clearances, as required, for each phase proposed for registration; furthermore, the required clearances may relate to lands not located within the phase sought to be registered.

10. Zoning By-Law Compliance:

(a) That the lands within this Draft Plan shall be appropriately zoned by a Zoning By-Law which has come into effect in accordance with the provisions of the Plannins Act.

(b) That Prior to Final Plan Approval, the Owner shall submit a Surveyor's Certificate which confirms that the lots and blocks within this Plan conform to the minimum lot frontage and lot area requirements of the applicable Zoning By-Law.

11, Required Studies:

(a) That Prior to Final Plan Approval, the Owner shall submit a Geotechnical Study, certified by a Professional Engineer, to the satisfaction of the Municipality. The recommendations of the Geotechnical Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality.

(b) That Prior to Final Plan Approval, the Owner shall demonstrate that the soil and groundwater quality of the property is compatible with a residential land use as defined by the generic criteria listed within the Guideline for Use at Contaminated Sites in Ontario (MOE, rev. 1997). The acceptable method for this demonstration would be a Phase I Environmental Site Assessment (ESA) performed in accordance with CSA standard 2768-01 and any required follow up investigations (Phase II ESA) or remediation for all areas of the subdivided lands intended for residential occupancy or conveyance as parkland, roadway or stormwater infrastructure. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality.

Should site remediation be required to meet the applicable soil and ground water criteria set out in applicable guidelines, the Owner shall submit to the Municipality, Prior to Final Plan Approval, a copy of the Record of Site Condition acknowledged by a Provincial Officer of the Ministry of the Environment. "t 3

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The Owner shall provide a certificate by a qualified professional that all lands within the Plan and any lands and easements external to the Plan to be dedicated to the Municipality, meet the applicable soil and ground water criteria.

(c) That Prior to Final Plan Approval, all recommendations of the Servicing Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality.

(d) That Prior to Final Plan Approval, the Owner shall submit a Traffic Impact Report, prepared by a Professional Engineer to the satisfaction of the Municipality. The study shall include a detailed assessment of the need for any additional traffic signals that would be required adjacent to this development. The report should review the need for and make recommendations with respect to traffic calming measures to be incorporated into the design of Cataraqui Woods Drive. The Subdivision Agreement shall contain provisions for the Owner to design, construct and financially secure the costs of any off site road improvements as are deemed necessary by the Report’s recommendations to the satisfaction of the Municipality’s Director of Engineering.

(e) That Prior to Final Plan Approval, a Stormwater Management Report and implementing plans for the development shall be prepared by a qualified Professional Engineer, to the satisfaction of the Municipality and Cataraqui Region Conservation Authority. Such plans shall be included in the Subdivision Agreement. The Owner shall carry out the recommendations of the report, at his expense, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority.

(f) That Prior to Final Plan Approval, the Owner shall submit a detailed Noise Impact Study prepared to the satisfaction of the Municipality and the Ministry of Environment. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality.

(9) That Prior to Final Plan Approval, The Owner shall submit a Tree Preservation Plan taking into account any trees along the boundaries of the site and those that are outside of the building envelope. During design, any re- gradinglrear yard swales shall take the existing trees around the boundaries of the site into account and make every effort to preserve these trees. Once final grading is determined all trees identified for retention should be identified and reviewed and approved by the municipality.

Archaeological Assessment:

(a) Should archaeological resources be found on the property during construction activities, the Ministry of Culture must be notified immediately.

(b) In the event that human remains are encountered during construction, the proponent must immediately contact both the Ministry of Culture and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Government Services. (1 -800-268-1 142).

Stormwater Management:

(a) That Prior to Final Plan Approval, executed documents deeding Blocks 539, 549 and 565 to the Municipality for Stormwater Management purposes shall be provided to the Municipality. The design of the pond’s open space, including any connecting paths, shall be subject to approval by the Municipality.

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That Prior to Final Plan Approval, the Owner shall submit lot grading and drainage plans, and erosion and sediment control plans prepared by a qualified Professional Engineer for the Owner, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority. The approved plans shall be included in the Subdivision Agreement between the Owner and Municipality.

That Prior to Final Plan Approval, the Owner shall submit detailed engineering drawings illustrating how interim stormwater management measures will be provided in order to convey run-off from the subdivision to Block 539.

That Prior to Final Plan Approval, the Owner shall obtain an easement from the neighbouring property owner so that stormwater run-off can be conveyed from the southern portion of the subdivision to Block 539 in the form of an interim ditch system.

Prior to Final Plan Approval and Prior to any Works Commencing on the Site, the Owner shall submit for approval by the Municipality and the Cataraqui Region Conservation Authority, a detailed engineering report($ that describes the storm drainage system for the proposed development. The report must follow the recommendations outlined in the following reports: “Updated Upper Highgate Drainage Plan” by Westgate Inc., dated February 2005 and the report titled “Stormwater Drainage Master Plan”, by IBI Group dated May 2007. The report shall include:

i) plans illustrating how this drainage system will be tied into the surrounding drainage systems, and indicating whether it is part of an overall drainage scheme, the design capacity of the receiving system and how external flows will be accommodated;

ii) the location and description of all outlets and other facilities;

iii) storm water management techniques which may be required to control minor and major flows;

iv) proposed methods of controlling or minimizing erosion and siltation on-site and in downstream areas during and after construction;

v) overall grading plans for the subject lands; and

vi) storm water management practices to be used to treat storm water, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to fish and their habitat.

That the Owner shall agree to maintain all storm water management and erosion and sedimentation control structures operating and in good repair during the construction period.

That Prior to Final Plan Approval, text shall be included in the Subdivision Agreement between the Owner and Municipality, to the satisfaction of the Cataraqui Region Conservation Authority, to advise the Owner of the requirement to obtain a permit under Ontario Regulation 148/06: Development Interference with Wetlands and Alterations to Shorelines and Watercourses from the Cataraqui Region Conservation Authority, prior to any development or site alteration, including the placement or regrading of fill for the Stormwater Blocks 539 and 549.

That the Owner agrees to contribute their proportionate share of the cost to construct any stormwater management facilities that have been identified in either the IBI Group report or the Weslake report (referenced in Clause (e) above), to accept runoff from the Owners lands. The developer shall pay his proportionate share as calculated in the agreement to the municipality prior to the final approval of the subdivision.


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(i) That the Owner agrees to design the Storm Water Management facility on Block 549 to minimize the potential adverse impacts the storm water system may have on the significant woodlot, identified in the tree inventory and the Environmental Assessment (dated November 13, 2008), and the Collins Creek Wetland. The Applicant will maximize the setback from the wetland (50 metres recommended) with the pond being no closer than 30 metres from the edge of the wetland at any given point.

(j) That the Owner agrees that the storm water management pond will not encroach into the valleyland as defined in figures 1 and 5 of the November 13,2008 Environmental Assessment completed by Ecological Services.

14. Parkland Conveyance / Open Space / Environmental Protection Areas:

(a) That the Owner conveys up to 5% residential and up to 2% commercial of the land included in the Plan of Subdivision to the Municipality for functional park or other public recreational purposes. Where the subdivision exceeds 15 units per residential hectare of land, the Owner shall convey lands for recreational purposes at a rate of one hectare (2.5 acres) for each 300 dwelling units. Alternatively, the Municipality may require cash-in-lieu for all or a portion of the conveyance.

(b) That the lands to be conveyed to the Municipality for park or other public recreational purposes shall be subject to the following conditions:

(i) That all lands shall be left in an untouched, natural state. All existing vegetation is to remain within the limits of the park site, including any significant trees at the property line. Existing gradedelevations are to be maintained at the property lines and within the park itself unless approval for site alteration is received in writing from the Director of Recreation and Leisure Services or designate.

(ii) That Prior to Assumption of the park, the Director of Recreation and Leisure Services shall be in receipt of a clearance memo from the Director of Strategy, Environment and Communications, indicating that the park site is environmentally clean.

(iii) That the Owner shall enter into a Site Access Agreement with the Municipality to permit City staff to access the park site to complete pre-engineering, survey and design works for the park. This Agreement shall terminate once the Municipality is deeded the land as part of Final Plan Approval. Alternatively, the municipality may agree to permit the design and construction of the Block 540 to be completed by the developer, with a potential re-imbursement of a portion of the Development Charges, subject to review and approval by the municipality.

(iv) That Prior to the Commencement of any Clearing, Grubbing or Construction Work within 10 metres of the park blocks defined on the Draft Plan, the Owner shall:

1. Install snow fencing around the periphery of the park site to protect the site. The Municipality will be responsible for the maintenance of the fence and its removal.

2. Post signage to Municipality specifications, on all accessible sides of each park block, which indicates: the future use of the block as a park;

0 that no construction storage shall occur on this parcel of land nor shall any construction debris be dumped on this site; and

0 that all trees and other vegetation must not be disturbed.

(v) That Prior to the Transfer of Deeds for the Parkland to the Municipality, the Director of Recreation and Leisure Services or designate shall inspect the park site to ensure that the park is in a cleanhatural state. ,rj :::

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The conditions on the site must be satisfactory to the Director of Recreation and Leisure Services prior to transfer of title and the removal of the snow fencing. Should the park blocks be in an unsatisfactory state, the Owner shall be held responsible for restoring the site to the Municipality's satisfaction.

(c) That the Owner shall deed the lands described as Open Space, to the Municipality, said lands being described as Blocks 547 and 550. Text shall be included in the Subdivision Agreement between the Owner and Municipality, to advise all purchasers that these public lands are intended to remain in a naturalized condition and that only risk management practices will be done on the land as required by the Municipality. No regular or periodic maintenance will be done on the subject parcel.

(d) That the Owner agrees to that Block 556, a remnant parcel, shall not be included as part of the 5% calculation or alternative parkland calculation for parkland dedication to the City of Kingston.

(e) The subdivision agreement shall contain a clause that sets out the agreed upon terms for the City to purchase the open space lands noted in clause (c) from the Owner/developer.

(f) That Prior to Final Plan Approval, the Owner shall prepare a Landowner Information Package, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority, which shall be distributed to all prospective purchasers and shall be appended to their Agreements of Purchase and Sale or Lease. Text shall be included in the Subdivision Agreement between the Owner and the Municipality, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority, to require a Notice to Purchasers informing them that the Landowner Information Package has been prepared to help make them aware of the requirements for the living fence as a rear yard vegetative buffer and to make them aware of environmental best practices on their property and with respect to the proximity of the property to the provincially significant Lower Collins Creek Wetland. This package shall also contain information with respect to zoning provisions for driveway widths and locations.

15. Tree Inventory / Street Trees:

(a) That prior to any grubbingklearing or construction on parcels of land not defined as roadways or servicing easements on the draft plan, the Owner shall receive final approval from the Municipality for a Tree Preservation plan prepared for the subject lands. The final approved tree inventory plan shall be prepared by a certified arborist (ISA approved), and shall set out the surveyed locations of all trees on the site. The tree inventory shall list the species, caliper size, condition, crown radius and indicate whether the tree is to be retained or removed. If trees 6 inches (150 mm) or more in diameter are to be removed from the subject lands, the developer will abide by the conditions of the tree removal permit under the Tree Conservation By-Law which may, at the Supervisor of Forestry's discretion, include a tree presetvation plan, a tree replacement plan or cash compensation for the value of the trees to be removed. If the tree is to be removed a rationale for this action must be noted. If significant trees or groups of trees are identified to be retained in the tree inventory, a tree preservation plan will be required prior to final approval at the discretion of the Municipality. This plan shall be reviewed and approved by the Municipality and be included as a schedule to the Subdivision Agreement. Requirements for the tree preservation plan are noted in the subdivision design guidelines produced by the Municipality.

16. Street Trees, Landscaping & Entrance Features

(a) That Prior to Final Plan Approval, the Owner shall submit a Street Tree Planting Plan prepared by a Landscape Architect to the satisfaction of the Municipality.

(b) That Prior to Final Plan Approval, the Owner shall provide design plans for the community entrance features including a landscape plan showing street furniture and any complimentary architectural features to the


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satisfaction of the municipality. This drawing shall be listed in the approved plans for the subdivision and included in the Subdivision Agreement.

(c) That Prior to Final Plan Approval, the Owner shall prepare a drawing illustrating the location and details of the living fences to be located throughout the subdivision. This drawing shall be listed in the approved plans for the subdivision and included in the Subdivision Agreement.

Community Mailboxes:

(a) That Prior to Final Plan Approval, the Owner shall, in consultation with and to the satisfaction of Canada Post, identify the location of community mailboxes within the Plan, and shall identify such locations on drawings for approval by the Municipality. The locations of these community mailboxes shall be identified in the notice to future purchasers of the lots within the Subdivision.

(b) That Prior to Final Plan Approval, the Owner shall, in consultation with and to the satisfaction of the Municipality, provide detailed design plans for the community mailboxes including a landscape plan showing street furniture and complimentary architectural features.

(c) That the Owner shall provide a suitable temporary community mailbox location(s) until the curbs, sidewalks and final grading have been completed at the permanent location(s).

Bell Canada Requirements:

That the Owner shall meet the following conditions of Bell Canada:

i. that the Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant Bell Canada any easements that may be required for telecommunications services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the Ownerldeveloper shall be responsible for the relocation of such facilities or easements.

ii. that the Owner shall be required to enter into an Agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality, or if no such conditions are imposed, the Owner shall advise the Municipality of the arrangements for servicing.

The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communicationltelecommunication infrastructure is currently available within the proposed development to provide communicationltelecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to andlor extension of the existing communicationltelecommunication infrastructure. If the Developer elects not to pay for such connection to andlor extension of the existing communicationltelecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communicationltelecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communicationltelecommunication services for emergency management services (ie. 91 1 Emergency Services).

iii.

Trans-Northern Pipelines Requirements:

(a) That approval from Trans-Northern Pipelines shall be obtained prior to any work occurring within the easement or if work will cross the pipeline. Street crossings, associated water, sewer and service crossings must meet Trans-

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Northern's technical requirements and be specifically approved in accordance with the National Energy Board Act and the Pipeline Crossing Regulations.

(b) That prior to any excavation within 30 metres of the Trans-Northern Pipeline easement, the Ownerlcontractor shall contact Trans-Northern Pipeline.

(c) That the Ownerlcontractor shall contact Trans-Northern Pipelines a minimum of 3 working days prior to any work within the pipeline easement using heavy equipment.

Hydro One Requirements:

(a) That Prior to Final Plan Approval, the Owner/Subdivider shall submit to Hydro One the lot grading and drainage plan, showing existing and final grades, for review and approval. Dralnage must be controlled and directed away from the Hydro One corridor.

(b) That the following Warning ClausedNotices as required by Hydro One shall be included in the Subdivision Agreement: "The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186- Proximity-of the Regulations for Construction projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20feet) to an energized 500 kV conductor. The distance for 230kV is 4.5 metres (15 feet), and for 115 kV conductors is 3 metres ( I O feet). It is the Owner's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. 'I

(c) That temporary fencing must be installed along the edge of the right-of-way prior to the start of construction, at the Owner's expense.

(d) That permanent fencing must be installed after construction is completed along the Hydro One corridor, at the Owner's expense.

(e) That the Hydro One corridor is not to be used without the express written permission of Hydro One Networks Inc. During construction, there shall be no storage of materials or mounding of earth or other debris on the right-of- way. The Owner shall be responsible for restoration of any damage to the right-of-way resulting from construction of the subdivision.

(f) The costs of any relocations or revisions to Hydro One facilities that are necessary to accommodate this subdivision shall be borne by the Owner.

Utilities Requirements:

(a) Prior to Final Plan Approval, the Owner shall satisfy all technical, financial and other requirements of Utilities Kingston regarding the design, installation, connection andlor expansion of electric distribution services, gas distribution services, water distribution services and sanitary sewer distribution services, or any other related matters.

(b) The Owner shall agree to design, purchase materials, and install a buried hydro distribution system, compatible with the existing andlor proposed systems in surrounding Plans, all in accordance with the latest standards and specifications of Utilities Kingston and the Municipality.


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(c) The Owner shall agree to design, purchase materials and install a street lighting system, compatible with the existing and/or proposed systems in surrounding Plans, all in accordance with Municipal standards and specifications.

Cataraqui Region Conservation Authority Requirements:

That Prior to Final Plan Approval, text shall be included in the Subdivision Agreement between the Owner and Municipality, to the satisfaction of the Cataraqui Region Conservation Authority, to advise the Owner of the requirement to obtain a permit under Ontario Regulation 148/06: Development Interference with Wetlands and Alterations to Shorelines and Watercourses from the Cataraqui Region Conservation Authority, prior to the placement or re-grading of fill on Blocks 541 -545, inclusive, 551 -554 inclusive, Lots 64-74 inclusive and Lots 84-1 01 and to advise the purchasers of these Blocks/Lots that a permit from the Conservation Authority may be required prior to the issuance of a building permit by the Municipality.

Warning Clauses:

That the Owner shall cause the following warning clauses to be included in a schedule to all offers of purchase and sale, or lease for all lots / blocks within this Plan:

(a) within the entire subdivision plan:

“Purchasers and/or tenants are advised that despite the inclusion of noise control features within both the development area and the individual building units, noise levels, including from construction activities, may be of concern and occasionally interfere with some activities of the dwelling occupants.”

“Purchasers and/or tenants are advised that the proposed finished lot and/or block grading may not meet City of Kingston lot grading criteria in certain areas to facilitate preservation of existing vegetation and to maintain existing adjacent topographical conditions.”

“Purchasers and/or tenants are advised that traffic calming measures may be incorporated in the road design for the neighbourhood.”

“Purchasers and/or tenants are advised that the planting of trees on Municipal boulevards in front of residential units is a requirement of the Municipality and a conceptual location Plan is included in the Subdivision Agreement. While every attempt will be made to plant trees as shown, the Municipality reserves the right to relocate or delete any boulevard tree without further notice.”

“Purchasers and/or tenants are advised that mail delivery will be to a designated community mailbox, the location of which will be identified by the Owner prior to any home closings.”

“Purchasers and/or tenants are advised that any roads ending in a dead end or temporary turning circle may be extended in the future to facilitate development of adjacent lands, without further notice.”

“Purchasers and/or tenants are advised that Living Fences have been included in the rear yards of lots throughout the subdivision. These features are located on the mutual property line and are required to be maintained by the property owner.”

“Purchasers and or Tenants are advised that the public lands described as Blocks 547 and 550 are intended to remain in a naturalized condition and that only risk management practices will be done on the land as required by the Municipality. No regular or periodic maintenance will be done on the subject parcel.’’ -9 ‘3

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(b) abutting any open space, woodlot or storm water facility:

“Purchasers and or Tenants of lots 84-101 inclusive and blocks 545, 551 , 552 and 553 that the public lands described as Blocks 547 and 550 are intended to remain in a naturalized condition and that only risk management practices will be done on the land as required by the Municipality. No regular or periodic maintenance will be done on the subject parcel.”

“Purchasers and/or tenants are advised that the adjacent open space, woodlot or storm water management facility may be left in a naturally vegetated condition and receive minimal maintenance.”

The Owner Agrees to register the following covenant on title of the lots backing onto any open space or woodlot: “The Transferee of any lot which has a rear yard vegetation buffer located within a twelve metre wide strip of land along the rear lot line of the transferred lot, as defined in the zoning by-law, for himself, his heirs, executors, administrators, successors and assigns, covenants and agrees that helshe will not interfere with (including, without limiting the generality of the foregoing, cut or prune) any trees, shrubs or vegetation of any kind except of a noxious variety, growing within the rear yard vegetation buffer. The transferee further covenants and agrees that he/she will not install, construct or place any permanent or moveable structures or landscaping elements (including, without limiting the generality of the foregoing, fence, garden, shed, bench, deck or pathway) within the said rear yard vegetation buffer.”

(c) abutting a park block:

0 “Purchasers and/or tenants are advised that the lot abuts a “Park”, and that noise and lighting should be expected from the designed active use of the park.”

(d) abutting a potential transit route:

0 “Purchasers and/or tenants are advised that the following streets may be used as transit routes in the future: Cataraqui Woods Drive, Lexington Drive.

Model Homes: That where the Owner proposes to proceed with the construction of a model home(s) prior to registration of the Plan, the Owner shall enter into an Agreement with the Municipality, setting out the conditions, and shall fulfill all relevant conditions of that Agreement prior to issuance of a building permit.

General Conditions:

(a) That the Owner shall pay any and all outstanding application fees to the Planning and Development Department, in accordance with the Municipality’s Tariff of Fees By-Law.

(b) That when requesting Final Approval from the Municipality, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor‘s certificate stating that the lots/blocks thereon conform to the frontage and area to the requirements of the Zoning By-Law.

(c) That the Owner agrees to rimove any driveways and buildings on site, which are not approved to be maintained as part of the Plan; any modification to off-site driveways required to accommodate this Plan shall be coordinated and completed at the cost of the Owner.

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(d) That the Owner shall agree that all lots or blocks to be left vacant shall be graded, seeded, maintained and signed to prohibit dumping and trespassing prior to assumption of the works by the municipality.

(e) That Prior to Final Plan Approval, the Owner shall pay the proportionate share of the cost of any external municipal services, temporary andlor permanent, built or proposed, that have been designed and oversized by others to accommodate the subject plan.

(f) That the Owner shall agree to erect fencing in the locations and of the types as shown on the approved subdivision works drawings and as required by the Municipality.

(9) The Owner shall agree that no building permits, with the exception of model homes, will be applied for until the Municipality is satisfied that adequate access, municipal water, sanitary and storm services are available.

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Fencing

(a)

(b) (c) (d)

(e)

Privacy fencing will be required where residential lands abut commercial lands and along the rear of lots 516 and Block 536. Chain link fencing is required along lots adjacent Block 549. Acoustic Fencing may be required based on the finding of the Noise Attenuation Report. Fencing is required along the rear yards of lots abutting the Open Space and Environmental Protection Areas being Blocks 547 and 550. The fence shall be a chain link fence without any gates or openings into the Open Space Block. The developer shall install a chain link fence along all lot lines abutting the Hydro One corridor being the interior side yards of Lots 59 and 74 and the rear lot lines of lots 57,58,75-84 inclusive.

Temporary Access

The Owner agrees to provide temporary Emergency Access from Maria Avenue to Crimson Crescent, Escala Crescent to Cataraqui Woods Drive, Cataraqui Woods Drive to Wildgrove Way or Buckthorn Drive and from Buckthorn Drive to Boardwalk drive until such time that a secondary access is constructed in these areas. The Director of Engineering for the City of Kingston at his sole discretion may deem that one or all of these accesses are no longer required.

Road Intersections

The Owner is required to design and construct in accordance with the City of Kingston specifications all roadlintersection improvements, including traffic signals that may be required at the intersection of Lexington Drivelprincess Street and Maria Avenue I Princess Street. The City of Kingston agrees to make best efforts to obtain a proportionate share of the costs of these improvements from all benefitting landowners in the Cataraqui West Neighbourhood. The proportionate share will be based on the contribution of traffic from each benefitting land owner as identified in the traffic impact studies.

Transit Transit stops shall be located at the following locations in this plan of subdivision, Cataraqui Woods Drive and Lexington Drive, Lexington Drive and Evergreen Drive, Lexington Drive and Azalea Way, and Lexington Drive and Street “ A .

Hydro Corridor That prior to Final Approval of the Plan of Subdivision the Owner shall obtain written approval from Ontario Hydro with respect to any proposed roadways or future road extensions being located on or crossing lands operated by Ontario Hydro. -? :i

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Commissioner Beach, Sustainability and GFWh


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Report No.: 09-097


Jim Keech, President, Ufilifies Kingston

31. Builder's Plan That prior to Final Approval of the Plan of Subdivision the Owner shall prepare a Builder's Plan to the satisfaction of the Municipality that includes the location of all driveways, all above ground infrastructure including street tree planting, and on street parking and snow storage throughout the plan of subdivision.

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32. Clearance Letters:

(a) That Prior to Final Plan Approval, the approval authority shall advise that all Conditions of Draft Plan Approval have been satisfied. The Owner is required to submit a detailed written memorandum detailing how each Condition of Draft Plan of Subdivision has been completes.

(b) That Prior to Final Plan Approval, the Municipality is to be advised in writing by the Cataraqui Region Conservation Authority the method by which Conditions 13, 14 and 22 have been satisfied.

(c) That Prior to Final Plan Approval, the Municipality is to be advised in writing by Hydro One the method by which Conditions 20,26(e) and 30 have been satisfied.

(d) That Prior to Final Plan Approval, the Municipality is to be advised in writing by Trans Northern Pipelines the methods by which Conditions 19 have been satisfied.

33. Lapsing Provisions:

(a) That pursuant to Section 51(32) of the Plannina Act, this Draft Plan Approval shall lapse at the expiration of three (3) years from the date of issuance of Draft Plan Approval if final approval has not been given, unless an extension is requested by the Owner and, subject to review, granted by the approval authority.

(b) That pursuant to Section 51(33) of the Plannina Act, the Owner may submit a request to the approval authority for an extension to this Draft Plan Approval. The extension period shall be for a maximum of two (2) years and must be submitted prior to the lapsing of Draft Plan Approval. Further extensions may be considered at the discretion of the approval authority where there are extenuating circumstances.


ORIGINAL SIGNED BY COMMISSIONER Cynthia Beach, P.Eng., MCIP, RPP, Commissioner, Sustainability and Growth

RATIVE OFFICER CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

COUNCIL MEETING07 0 3 'oq REPORT TO COUNCIL

2009-03-03 - Page 15 -

Report No.: 09-097

OPTIONSIDISCUSSION: On February 03, 2009 Council adopted Planning Committees recommendation to approve a residential Draft Plan of Subdivision for 534 single detached residential lots, 9 residential blocks, 2 multiple family blocks, 1 park block and 6 open space and Environmental Protection Area blocks on lands municipally known as 1 135 Maria Avenue.

Section 52(37) of the Planninq Act requires that, "lf the approval authority gives or refuses to give approval to a draft plan of subdivision, the approval authority shall, within 15 days of its decision, give written notice of it."

The Notice of Decision was not sent within 15 days of Council's decision on February 03,2009.

The Planning and Development Department is requesting that Council re-approve the draft plan of subdivision and conditions of draft plan of subdivision approval for 1135 Maria Avenue (file no. D12-036-2008) in order to comply with the regulation for Notice of Decision in the Planninq Act.

EXISTING POLICYIBY LAW: Section 51 (37), Notice, Planninq Act


ACCESSIBILITY CONSIDERATIONS: NIA

FINANCIAL CONSIDERATIONS: NIA

CONTACTS: 0 Jason Budd, Senior Planner, Development Approvals (546-4291, extension 31 78)

Marnie Venditti, Manager, Development Approvals (546-4291 , extension 3256); and

OTHER CITY OF KINGSTON STAFF CONSULTED: NIA

EXHIBITS ATTACHED: Exhibit A - Location Map; Exhibit B - Draft Plan of Subdivision; and, Exhibit C - Conditions of Draft Plan of Subdivision, as approved by City Council on February 3, 2009.

I - THE CORPORATION OF THE CITY O F K INGSTON Legend - ,hl

PLANNING & DEVELOPMENT DEPARTMENT

Subject Property KEY MAP Applicant: Tamarack (Catarqui West 1) Corp. File Number: D14-130-2008 / D12-036-2008 Address: 1135 Maria Avenue (Woodhaven Subdivision) Lot/Con: Concession 3, Lot 5 ARN: 101108020013601, 101108020013710,and 101108020013700 0 62.5 125 250 375 500

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EXHIBIT B COUNCIL MEETING07 MAH u 3 '09

COUIKL M E T H G O ~ 11 5 ’09 City Council Meeting No. 05-2009 EXHIBIT C

Agenda Tuesday, February 3,2009

STANDARD CONDITIONS OF DRAFT PLAN APPROVAL

1. Approved Draft Plan: That this approval applies to the Draft Ptan of Subdivision, prepared by Grange W. Elliott Ltd, dated December 17, 2008 which shows the following: 0

e e *

534 residential lots (Lots 1-456 & 457-535); 9 residential blocks (Blocks 541 -545 & 551 -554); 2 multiple family residential blocks (536 & 563) 1 block for parkland dedication (Block 540); 6 blocks for environmental protection and Open Space (Blocks 546,547,550,556,557 & 558); 3 block@) for stormwater management pond (Blocks 539,549 & 565); 13 new roadways (Maria Avenue, Crimson Crescent, Lexington Drive, Evergreen Drive, Escala Crescent, Iris Drive, Buckthorn Drive, Wildgrove Way, Boardwalk Drive, Cherry Cove Court, Azalea Way, Street ‘A’ and a portion of the Cataraqui Woods Drive Extension.

e

2. Streets and Civic Addressing:

That the road allowances included in this Plan shall be shown and dedicated as public highways.

That the Streets within this Plan shall be named to the satisfaction of the Municipality, in consultation with the Planning and Development Department, in accordance with the Municipality’s Civic Addressing and Road Naming By-Law. The proposed street names shall be submitted by the Owner for approval by the Planning and Development Department and shall be included on the first submission of the engineering drawings.

That Prior to Final Plan Approval, the Owner shall provide confirmation that civic addresses have been assigned lo the proposed lots and blocks by the Municipality‘s Planning an# Development Department, in accordance with the Municipality’s Civic Addressing and Road Naming By-Law.

That the road allowances within the Plan shall be designed in accordance with the Municipality’s engineering standards and shall be dedicated to the Municipality free of all charge and encumbrances. The streets, lots and blocks shall be designed to coincide with the development pattern on adjacent properties.

That Prior to Final Plan Approval, the Owner shall deed to the Municipality all required BlKk(s) as daylighting triangles.

Any dead end or open side of a road allowance within the Plan shall be terminated in a 0.3 m resew to be conveyed to the Municipality free of all charges and encumbrances.

That the Owner shall agree that the location and design of any construction access shall be approved by the Municipality and/or the appropriate authority. .

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Tuesday, February 3,2009 Paae 17

REPORT NO. 21 OF THE PUNNING COMMIITEE

3. Reserves and Easements:

(a)

(b)

That any dead ends and open sides of the road allowances created by this Plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust, by the Municipality. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority free of all charges and encumbrances.

4. Financiat Requirements:

(a) That the Owner agrees in writing to satisfy all the requirements, financial and othenuise, of the Municipality concerning all provisions of municipal services including but not limited to fencing, lighting, landscaping, sidewalks, roads, installation of underground services, provisions of drainage and noise mitigation where required.

(b) That Prior to Final Plan Approval, the Owner shail submit for the Municipality's approval a detailed breakdown of the construction costs for the works associated with the development of this Plan, including any cash surcharges or special levies. The construction costs shail be prepared and stamped by a professional engineer. The cost estimate shatl be submitted in the Municipality's standard format for incorporation into both the Pre-Servicing and Subdivision Agreements.

(C) That the Owner shall bear the expense of at1 off site works resulting from the approved public works design where such works are not subsidized under the Policies and By-Laws of fhe Municipality.

(d) That the Owner agrees to reimburse the Municipality for the cost of any Peer Reviews of the Studies 1 Reports submitted in support of the proposed Plan of Subdivision.

5. Subdivision Agreement:

(a) That the Owner shall enter into the Municipality's standard Subdivision Agreement which shall list all approved plans and municipal conditions as required by the Municipality for the development of this Plan.

(bf The Subdivision Agreement between the Owner and the Municipality shall be registered against the lands to which it applies once the Plan of Subdivision has been registered.

(c) That the Subdivision Agreement shall contain all necessary warning clauses and notices to purchasers resulting from, but not necessarily restricted to, the design and provision of services, including the requirement to provide and maintain private site specific works as necessary.

City Council Meeting No. 05-2009 Agenda

Tuesday, February 3,2009 Page 18 -

REPORT NO. 21 OF ME PLANNING COMMITTEE

6. Holding Provisions: That the Municipality shall require the use of '-ti' Holding Provisions in accordance with Section 36 of the Plannim Act. The terms for the removal of the Holding '-HI Hofding Symbol shall be in accordance with Section 616) of Zoning By-Law No. 76-26 and shall require the following: * 0

e

confirmation of sufficient servicing capacity for the development; that all necessary approvals have been received from all other agencies and government bodies and any required Agreements have been executed by the Owner; and that a Zone Change Application has been approved by the Municipality to remove the '-H' Holding Symbol.

7. Engineering Drawings:

(a) That Prior to Final Plan Approval, the Owner shall submit for approval, subdivision design drawings, including design plans for all public works and services, prepared and certified by a Professional Engineer and designed pursuant to the Municipality's Subdivision Design Guidelines and to the satisfaction of the Municipality. Such plans are to form part of the Subdivision Agreement.

(b) That Prior to Final Plan Approval, the Owner shall submit a digital listing of the approved subdivision design drawings in the Municipality's standard format for incorporation into the Pre- Servicing and Subdivision Agreement.

8. Revisions to Draft Plan:

(a) That any further subdivision of Blocks or additional road patterns on the Plan shall be completed to the satisfaction of the Municipality.

(b)

(Cf

That Prior to Final Plan Approval of any part of the Pian, the Owner shall submit a revised Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval.

That where final engineering design@) result in minor variations to the Plan (e.g., in the configuration of road allowances and lotting, number of lots, etc.), these may be reflected in the Final Plan to the satisfaction of the Municipality.

9. Phasing:

(a) That Final Plan Approval for registration may be issued in phases to the satisfaction of the Municipality, subject to all applicable fees.

(b) That the phasing oi the development shall be reflected in the Subdivision Agreement and on the approved subdivision design drawings to the satisfaction of the Municipality, taking into account the temporary termination of underground services, interim grading, interim stormwater management, operations and maintenance vehicle access and access for emergency vehicles.

That the phasing of the development shall be proposed in an orderly progression, in consideration Of such matters as the timing of road improvements, infrastructure, schools and other essential services.

(c)

COLJNCIL M E E T ~ N G O ~ FIAR 0 3 '09 City Council Meeting No. 05-2009


(d) That all agencies agree to registration by phases and provide clearances, as required, for each phase proposed for registration; furthermore, the required clearances may relate to lands not located within the phase sought to be registered.

10. Zoning By-Law Compiiance:

(a) That the lands within this Draft Plan shall be appropriately zoned by a Zoning By-Law which has come into effect in accordance with the provisions of the Planning Act.

(b) That Prior to Final Plan Approval, the Owner shall submit a Surveyor's Certificate which confirms that the lots and blocks within this Plan conform to the minimum lot frontage and lot area requirements of the applicable Zoning By-Law.

11. Required Studies:

(a) ?hat Prior to Final Plan Approval, the Owner shall submit a Geotechnicaf Study, certified by a Professional Engineer, to the satisfaction of the Municipality. The recommendations of the Geotechnical Study shail be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality.

(b) That Prior to Final Plan Approval, the Owner shall demonstrate that the soil and groundwater quality of the property is compatible with a residential land use as defined by the generic criteria listed within the Guideline for Use at Contaminated Sites in Ontario (MOE, rev. 1997). The acceptable method for this demonstration would be a Phase I Environmental Site Assessment (ESA) performed in accordance with CSA standard 2768-01 and any required follow up investigations (Phase II ESA) or remediation for all areas of the subdivided lands intended for residential occupancy or conveyance as parkland, roadway or stormwater infrastructure. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisionS whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality.

Should site remediation be required to meet the applicable soil and ground water criteria set out in applicable guidelines, the Owner shall submit to the Municipality, Prior to Final Plan Approval, a COPY of the Record of Site Condition acknowledged by a Provincial Officer of the Ministry of the Environment.

The Owner shall provide a certificate by a qualified professional that all lands within the Plan and any lands and easements external to the Plan to be dedicated to the Municipality, meet the applicable Soil and ground water criteria.

(c) That Prior to Final Plan Approval at1 recommendations of the Servicing Study shall be incorporated into the Subdivision Agreement and €he Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality.

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Tuesday, February 3,2009 Paae 20 .,

REPORT NO. 21 OF THE PLANNING COMMITTEE

(d) That Prior to Final Plan Approval, tbe Owner shall submit a Traffic Impact Report, prepared by a professional engineer to me satisfaction of the Municipality. The study shall include a detailed assessment of the need for any additional traffic signals that would be required adjacent to this development. The report should review the need for and make recommendations with respect to traffic calming measures to be incorporated into the design of Cataraqui Woods Drive. The Subdivision Agreement shall contain provisions for the Owner to design, constnrct and financially secure the costs of any off site road improvements as are deemed necessary by the Report's recommendations to the satisfaction of the Municipality's Director of Engineering.

(e) That Prior to final Plan Approval, a Stormwater Management Report and implementing plans for the development shall be prepared by a qualified Professional Engineer, to the satisfaction of the Municipality and Cataraqui Region Conservation Authority. Such plans shall be included in the Subdivision Agreement. The Owner shall carry out the recommendations of the report, at his expense, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority.

(f) That Prior to Final Plan Approval, the Owner shall submit a detailed Noise Impact Study prepared to the satisfaction of the Municipality and the Ministry of Environment. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality.

(9) That Prior to Finai Plan Approval, The Owner shall submit a Tree Preservation Plan taking into account any trees along the boundaries of the site and those that are outside of the building envelope. During design, any re-gradinglrear yard swales shall take the existing trees around the boundaries of the site into account and make every effort to preserve these trees. Once final grading is determined at1 trees identified for retention should be identified and reviewed and approved by the municipality.

12. Wrchaeologicai Assessment:

(a) Should archaeologicaf resources be found on the propeity during construction activities, the Ministry of Culture must be notified immediately.

(b) In the event that human remains are encountered during construction, the proponent must immediately contact both the Ministry of Culture and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Government Services. (1 -800-268-1 142).

13. Stormwater Management:

(a) That Prior to Final Plan Approval executed documents deeding Blocks 539, 549 and 565 to the Municipality for Stormwater Ma'nagement purposes shafl be provided to the Municipality. The design of the pond's open space, including any connecting paths, shall be subject to approval by the Municipality.


Tuesday, February 3,2009 Paae 21

(b) That Prior to Final Plan Approval, the Owner shall submit lot grading and drainage plans, and erosion and sediment control plans prepared by a qualified Professional Engineer for the Owner, to the satisfaction of the Municipafity and the Cataraqui Region Conservation Authority. The approved plans shall be included in the Subdivision Agreement between the Owner and Municipality.

(C) That Prior to Final Plan Approval the owner shall submit detailed engineering drawings illustrating how interim stormwater management measures will be provided in order to convey run-off from the subdivision to Block 539.

fd) That Prior to Final Plan Approval the owner shall obtain.an easement from the neighbounng property owner so that stomwater nm-off can be conveyed from ihe southern portion of the subdivision to Block 539 in the form of an interim ditch system.

(e) Prior to Final Plan Approval and Prior to any Works Commencing on the Site, the Owner shall submit for approval by the Municipality and the Cataraqui Region Conservation Authority {CRCA), a detailed engineering report(s) that describes the storm drainage system for the proposed development. The report must follow the recommendations outlined in the foliowing reports: "Updated Upper Highgate Drainage Plan" by Westgate Inc., dated February 2005 and the report titled "Stormwater Drainage Master Plan", by IBI Group dated May 2007. The report shall include:

i) plans illustrating how this drainage system will be tied into the surrounding drainage systems, and indicating whether it is part of an overall drainage scheme, the design capacity of the receiving system and how external flows will be accommodated;

ii) the location and description of all outlets and other facilities;

iii) storm water management techniques which may be required to control minor and major flows;

iv) proposed methods of controlling or minimizing erosion and siltation on-site and in downstream areas during and after construction;

v) overall grading plans for the subject lands; and

Vi) storm water management practices to be used to treat storm water, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to fish and their habitat.

(0 That the Owner shall agree to maintain all storm water management and erosion and sedimentation control structures operating and in good repair during the construction period.

That Prior to Final Plan Approval, text shall be included in the Subdivision Agreement between the Owner and Municipality, to the satisfaction of the Cataraqui Region Conservation Authority, to advise the Owner of the requirement to obtain a permit under Ontario Regulation 148106: Development Interference with Wetlands and Alterations to Shorelines and Watercourses from the Cataraqui Region Conservation Authority, prior to any development or site akeration, including the placement Or regrading of fill for the Stormwater Biocks 539 and

(9) .

COUNCIL MEETING07 MF? 0 3 ’09 City Council Meeting No. 05-2009


Paae 22


(h) That the Owner agrees to contribute their proportionate share of the cost to construct any stomwater management facilities that have been identified in either the IBI Group report or the Weslake report (referenced in Clause (e) above), to accept runoff &om the Owners lands. The developer shall pay his proportionate share as calculated in the agreement to the municipality prior to the final approval of the subdivision.

(i) That the Owner agrees to design the Storm Water Management facility on Block 549 to minimize the potential adverse impacts the storm water system may have on the significant woodlot, identified in the tree inventory and the Environmental Assessment (dated November 13, 2008), and the Collins Creek Wetland. The Applicant will maximize the setback from the wetland (50 metres recommended) with the pond being no closer than 30 metres from the edge of the wetland at any given point.

(j) That the Owner agrees that the storm water management pond will not encroach into the valleyland as defined in figures 1 and 5 of the November 13, 2008 Environmental Assessment completed by Ecological Services.

14. Parkland Conveyance I Open Space I Environmental Protection Areas:

(a) That the Owner conveys up to 5% residential and up to 2% commercial of the land included in the Plan of Subdivision to the Municipality for functional park or other public recreational purposes. Where the subdivision exceeds 15 units per residential hectare of land, the Owner shall convey lands for recreational purposes at a rate of one hectare (2.5 acres) for each 300 dwelling units. Alternatively, the Municipality may require cash-in-tieu for all or a portion of the conveyance.

That the lands to be conveyed to the Municipality for park or other public recreational purposes shall be subject to the following conditions:

(b)

(i) That all lands shall be left in an untouched, natural state. All existing vegetation is to remain within the limits of the park site, including any significant trees at .the property line. Existing grades/elevations are to be maintained at the property lines and within the park itself u n k ~ approval for site alteration is received in writing from the Director of Recreation and Leisure Services or designate.

(ii) That Prior to Assumption of the pafk, the Director of.R’ecreation and Leisure Services shall be in receipt of a clearance memo from the Director of Strategy, Environment and Communications, indicating that the park site is environmentally clean.

(iii) That the Owner shall enter into a Site Access Agreement with the Municipality to permit City Staff to access the park site to complete pre-engineering, survey and design works for the park. This Agreement shall terminate once the Municipality is deeded the land as part of Final Plan Approval. Alternatively, the municipalrty may agree to permit the design and construction Of the B[ock 540 to be completed by the developer, with a potential re-imbursement of a portion Of the Development Charges, subject to review and approval by the municipality.

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(iv) That Prior to the Commencement of any Cfearing, Grubbing or Construction Work within 10 metres of the park blocks defined on the Draft Plan, the Owner shall:

1. Install snow fencing around the periphery of the park site to protect the site. The Municipality will be responsible for the maintenance of the fence and its removal.

2. Post signage to Municipality specifications, on all accessible sides of each park block, which indicates: 0 the future use of the block as a park; E that no construction storage shall occur on this parcel of land nor shall any

construction debris be dumped on this site; and 8 that all trees and other vegetation must not be disturbed.

(v) That Prior to the Transfer of Deeds for the Parkland to the Municipality, the Director of Recreation and Leisure Services or designate shall inspect the park site to ensure that the park is in a cleadnatural state. The conditions on the site must be satisfactory to the Director of Recreation and Leisure Services prior to transfer of title and the removal of the snow fencing. Should the park blocks be in an unsatisfactory state, the Owner shall be held responsible for restoring the site to the Municipality's satisfaction.

That the Owner shall deed the lands described as Open Space, to the Municipality, said lands being described as Blocks 547 and 550. Text shall be included in the Subdivision Agreement between the Owner and Municipality, to advise ail purchasers that these public lands are intended to remain in a naturalized condition and that only risk management practices will be done on the land as required by the Municipatity. No regular or periodic maintenance will be done on the subject parcel.

That the Owner agrees to that Block 556, a remnant parcel, shall not belncluded as part of the 5% calculation or alternative parkland calculation for parkland dedication to the City of Kingston.

The subdivision agreement shall contain a clause that sets out the agreed upon terms for the City to purchase the open space lands noted in cfause (c) from the owner/developer.

That Prior to Final Plan Approval, the Owner shall prepare a Landowner Information Package, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority, which shall be distributed to all prospective purchasers and shall be appended to their Agreements of Purchase and Sale or Lease. Text shall be included in the Subdivision Agreement between the Owner and the Municipality, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority, to require a Notice to Purchasers informing them that the Landowner Information Package has been prepared to help make them aware of the requirements for the living fence as a rear yard vegetative buffer and to make them aware of environmental best practices on their property and with respect to the proximity of the property to the provincially significant Lower Collins Creek Wetland. This package shall also contain information with respect to zoning provisions for driveway widths and locations.


Tuesday, February 3,2009 Paae 24 .,

REPORT NO. 21 OF W€ PLANNING COMMIlTEE

15. Tree Inventory I Street Trees:

(a) That prior to any grubbing/clearing or consiruction on parcels of land not defined as roadways or servicing easements on the draft plan, the Owner shall receive final approval from the Municipality for a Tree Preservation plan prepared for the subject lands. The final approved tree inventory plan shall be prepared by a certified arborist ( E A approved), and shall set out the surveyed locations of all trees on the site. The tree inventory shall list the species, caliper size, condition, crown radius and indicate whether the tree is to be retained or removed. If trees 6 inches (150 mm) or more in diameter are to be removed from the subject lands, the developer will abide by the conditions of the tree removal permit under the Tree Conservation By-Law which may, at the Supervisor of Forestry's discretion, include a tree preservation plan, a tree replacement plan or cash compensation for the value of the trees to be removed. If the tree is to be removed a rationale for this action must be noted. If significant trees or groups of trees are identified to be retained in the tree inventory, a tree preservation plan will be required prior to final approval at the discretion of the Municipality. This plan shalt be reviewed and approved by the Municipality and be included as a schedule to the Subdivision Agreement. Requirements for the free preservation plan are noted in the subdivision design guidelines produced by the Municipality.

16. Street T w , Landscaping & Entrance Features

(a) That Prior to Final Plan Approval, the Owner shall submit a Street Tree Planting Plan prepared by a Landscape Architect to the satisfaction of the Municipality.

(b) That Prior to Final Plan Approval, the Owner shall provide design plans for the community entrance features including a landscape plan showing street furniture and any complimentary architectural features to the satisfaction of the municipality. This drawing shall be listed in the approved plans for the subdivision and included in the Subdivision Agreement.

(c) That Prior to Final Plan Approval, the owner shall prepare a drawing illustrating the location and details of the living fences to be located throughout the subdivision. This drawing shall be listed in the approved plans for the subdivision and included in the Subdivision Agreement.

19. Community Mailboxes:

(a) That Prior to Finat Plan Approval, the Owner shall, in consultation with and to the satisfaction of Canada Post, identify the location of community mailboxes within the Plan, and shall identify such locations on drawings for approval by the Municipality. The locations of these community mailboxes shall be identified in the notice to future purchasers of the lots within the Subdivision.

(b) That Prior to Final Plan Approval, the Owner shall, in consultation with and to the satisfaction of the Municipality, provide detailed design plans for the community mailboxes including a landscape plan showing street furniture and complimentary architectural features.

(c) That the Owner shall provide a suitable temporary community mailbox location(s) until the curbs, sidewalks and final grading have been completed at the permanent location(s).

COUNCL MEETING97 bM/? 0 3 '09 City Council Meeting No. 05-2009


18. Bell Canada Requirements:

That the Owner shall meet the following conditions of Bell Canada:

i. that the Owner shall agree in the Subdivision Agreement, in words satisfactory to Befl Canada, to grant Belt Canada any easements that may be required for telecommunications services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the ownerldeveloper shall be responsible for the relocation of such facilities or easements.

ii. that the Owner shall be required to enter into an Agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality, or ii no such conditions are imposed, the Owner shall advise the Municipality of the arrangements for servicing.

iii. The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communicatiodtelecommunication infrastructure is currently available within the proposed development to provide communicationhelecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communicationltelecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communicationhelecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communicatiordtelecommunication services for emergency management services (i.e. 91 I Emergency Services).

19. Trans-Northern Pipelines Requirements:

(a) That approval from Trans-Northern Pipelines shall be obtained prior to any work occurring within the easement or if work will cross the pipeline. Street crossings, associated water, sewer and service crossings must meet Trans-Northern's technical requirements and be specifically approved in accordance with the National Energy Board Act and the Pipeline Crossing Regulations.

(b) That prior to any excavation within 30 metres of the Trans-Northern Pipeline easement, the ownerkontractor shall contact Trans-Northern Pipeline.

(c) That the ownerlcontractor shall contact Trans-Northern Pipelines a minimum of 3 working days prior to any work within the pipeline easement using heavy equipment.


Tuesday, February 3,2009 Paae 26 w


20. Hydro One Requirements:

(a) That Prior to Final Pian Approval, the Owner/Subdivider shall submit to Hydro One the lot grading and drainage plan, showing existing and final grades, for review and approval. Drainage must be controlied and directed away from the Hydro One corridor.

(b) That the following Warning CfausedNotices as required by Hydro One shall be included in the Subdivision Agreement: "The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 Volts. Section 186-Proximity-of the Regulations for Construction projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20feet) to an energized 500 kV conductor. The distance for 230kV is 4.5 metres (15 feet), and for 115 kV conductors is 3 metres (10 feet). It is the Owner's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. "

(C) That temporary fencing must be installed along the edge of the right-of-way prior to the start Of construction, at the Owner's expense.

(d) That permanent fencing must be installed after construction is completed along the Hydro One corridor, at the Owner's expense.

(e) That the Hydro One corridor is not to be used without the express written permission of Hydro One Networks Inc. During construction, there shall be no storage of materials or mounding of earth or other debris on the right-of-way. The Owner shall be responsible for restoration of any damage to the right- of-way resulting from construction of the subdivision.

(f) The costs of any relocations or revisions to Hydro One facilities thaf are necessary to accommodate this subdivision shall be borne by the Owner.

21 Utifities Requirements:

(a) Prior to Final Pian Approval, the Owner shall satisfy all technical, financial and other requirements Of Utilities Kingston regarding the design, installation, connection andlor expansion of electric distribution services, gas distribution services, water distribution services and sanitary sewer distribution services, or any other related matters.

(b) The Owner shall agree to design, purchase materials, and install a buried hydro distribution System, compatible with the existing and/or proposed systems in surrounding Plans, alf in accordance with the latest standards and specifications of Utilities Kingston and the Municipality.

The Owner shall agree to design, purchase materials and instail a street lighting system, compatible with the existing and/or proposed systems in surrounding Plans, all in accordance with Municipal standards and specifications.

(c)


Tuesday, February 3,2009

REPORT NO. 21 OF THE PLANNING COMMJITEE

22. Catamqui Region Conservation Authority Requirements:

That Prior to Finaf Plan Approval, text shall be included in the Subdivision Agreement between the Owner and Municipality, to the satisfaction of the Cataraqui Region Conservation Authority, to advise the Owner Of the requirement to obtain a permit under Ontario Regulation '1 48/06: Development Interference with Wetlands and Alterations to Shorelines and Watercourses from the Cataraqui Region Comervation Authority, prior to the placement or re-grading of fill on Blocks 541-545, inclusive, 551-554 inclusive, Lots 64- 74 inclusive and Lots 84-101 and to advise the purchasers of these BlockdLots that a permit from the Conservation Authority may be required prior to the issuance of a building permit by the Municipality.

23. Warning Clauses:

That the Owner shall cause the following warning clauses to be included ih a schedule to all offers of purchase and sale, or lease for all lots /blocks within this Plan: (a) within the entire subdivision plan:

e "Purchasers and/or tenants are advised that despite the inclusion of noise control features within both the development area and the individual building units, noise levels, including from construction activities, may be of concern and occasionally interfere with some activities of the dwelling occupants."

e "Purchasers andlor tenants are advised that the proposed finished lot and/or block grading may not meet City of Kingston lot grading criteria in certain areas to facilitate preservation of existing vegetation and to maintain existing adjacent topographical conditions".

"Purchasers and/or tenants are advised that traffic calming measures may be incorporated in the road design for the neighborhood."

* "Purchasers and/or tenants are advised that the planting of trees on Municipal boulevards in front of residential units is a requirement of the Municipality and a conceptual location Plan is included in the Subdivision Agreement. While every attempt will be made to plant trees as shown, the Municipality reserves the right to relocate or delete any,boulevard tree without further notice."

0 "Puichasers andor tenants are advised that mail delivery will be to a designated community mailbox, the location of which will be identified by the Owner prior to any home closings."

0 "Purchasers and/or tenants are advised that any roads ending in a dead end or temporary turning circle may be extended in the future to facilitate development of adjacent lands, without further notice."

0 "Purchasers andlor tenants are advised that Living Fences have been included in the rear yards of lots throughout the subdivision. Tinese features are located on the mutual property line and are required to be maintained by the property owner.

* "Purchasers and or Tenants are advised that the public tands described as Blocks 547 and 550 are intended to remain in a naturalized condition and that only risk management practices Will be done on the land as required by the Municipality. No regular or periodic maintenance will be done on the subject parcel."


Tuesday, February 3,2009 Paae 28 -3- - -


(b) abutting any open space, woodlot or storm water facility:

* “Purchasers and or Tenants of lots 84-101 inclusive and blocks 545, 551, 552 and 553 that the public lands described as Blocks 547 and 550 are intended to remain in a naturalized condition and that only risk management practices will be done on the land as required by the Municipality. No regular or periodic maintenance will be done on the subject parcel.” ‘Purchasers andor tenants are advised that the adjacent open space, woodlot or storm water management facility may be left in a naturally vegetated condition and receive minimal maintenance.”

Q

e The owner Agrees to register the folfowing covenant on title of the tots backing onto any open space or woodlot:

e “The Transferee of any lot which has a rear yard vegetation buffer located within a twelve metre wide strip of land along the rear tot line of the transferred lot, as defined in the zoning by-law, for himself, his heirs, executors, administrators, successors and assigns, covenants and agrees that he/she will not interfere with (including, without limiting the generality of the foregoing, cut or prune) any trees, shrubs or vegetation of any kind except of a noxious variety, growing within the rear yard vegetation buffer. The transferee further covenants and agrees that he/she will not install, construct or place any permanent or moveable structures or landscaping elements (including, without limiting the generality of the foregoing, fence, garden, shed, bench, deck 01 pathway) within the said rear yard vegetation buffer.“

(c) abutting a park block:

“Purchasers andlor tenants are advised that the lot abuts a “Park”, and that noise and lighting should be expected from the designed active use of the park.”

(d) abutting a potential transit route:

* “Purchasers andlor tenants are advised that the following streets may be used as transit routes in the future: Cataraqui Woods Drive, Lexington Drive.

24.

25.

Model Homes: That where the Owner proposes to proceed with the construction of a model home(s) prior to registration Of the Plan, the Owner shall enter into an Agreement with the Municipality, setting out the conditions, and shall fulfill all relevant conditions of that Agreement prior to issuance of a building permit.

General Conditions:

(a) That the Owner shalt pay any and all outstanding application fees to the Planning and Developmenf Department, in accordance with the Municipality’s Tariff of Fees By-Law.

(b) That when requesting Final Approval from the Municipality, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a SurWyW’S certificate stating that the lotslblocks thereon conform to the frontage and area to the requirements of the Zoning By-Law.

(1. 7;



REPORT NO. 21 OF THE PUNNING COMMITTEE

(c) That the Owner agrees to remove any driveways and buildings on site, which are not approved to be maintained as part of the Plan; any modification to off-site driveways required to accommodate this Plan shall be coordinated and completed at the cost of the Owner.

(d) That the Owner shall agree that all lots or blocks to be left vacant shall be graded, seeded, maintained and signed to prohibit dumping and trespassing prior to assumption of the works by the municipality.

(e) That Prior to FinaI Plan Approval, the Owner shall pay the proportionate share of the cost of any external municipal services, temporary andlor permanent, built or proposed, that have been designed and oversized by others to accommodate the subject plan.

(f) That the Owner shall agree to erect fencing in the locations and of the types as shown On the approved subdivision works drawings and as required by the Municipality.

The Owner shall agree that no building permits, with the exception of model homes, will be applied for until the Municipality is satisfied that adequate access, municipal water, sanitary and storm SeNiCeS are available.

(9)

26. Fencing

(a)

(b) (c) (d)

Privacy fencing will be required where residential lands abut commercial lands and along the rear Of lots 516 and Block 536. Chain link fencing is required along lots adjacent Block 549. Acoustic Fencing may be required based on the finding of the Noise Attenuation Report. Fencing is required along the rear-yards of lots abutting the Open Space and Environmental Protection Areas being Blocks 547 and 550. The fence shall be a chain link fence without any gates or openings into the Open Space Block. The developer shall install a chain link fence along all lot lines abutting the Hydro One corridor being the interior side yards of Lots 59 and 74 and the rear lot lines of lots 57,58,75-84 inclusive.

(e)

27. Temporary Access

The Owner agrees to provide temporary Emergency Access from Maria Avenue to Crimson Crescent, Escala Crescent to Cataraqui Woods Drive, Cataraqui Woods Drive to Wildgrove Way or Buckthorn Drive and from Buckthorn Drive to Boardwalk Drive until such time that a secondary access is constructed in these areas. The Director of Engineering for the City of Kingston at his sole discretion may deem that one or all Of these accesses are no longer required.

28. Road lntersections

The Owner is required to design and construct in accordance with the City of Kingston specifications all roadlintersection improvements, including traffic signals that may be required at the intersection Of Lexington DriveIPrincess Street and Maria Avenue I Princess Street. The City of Kingston agrees to make best efforts to obtain a proportionate share of the costs of these improvements from all benefitting landowners in the Cataraqui West Neighborhood. The proportionate share will be based on the contribution of traffic from each benefitting land owner as identified in the traffic impact studies.




29. Transit Transit s tops shaft be located at the following locations in this plan of subdivision, Cataraqui Woods Drive and Lexington Drive, Lexington Drive and Evergreen Drive, Lexington Drive and Azalea Way, and Lexington Drive and Street "A".

30. Hydro Corridor That prior to Final Approval of the Plan of Subdivision the Owner shall obtain written approval from Ontario Hydro with respect to any proposed roadways or future road extensions being located on or crossing lands operated by Ontario Hydro.

31. Builder's Plan That prior to Final Approval of the Plan of Subdivision the Owner shalt prepare a Builder's Plan to the satisfaction of the Municipality that includes the location of all driveways, all above ground infrastructure including street tree planting, and on street parking and snow storage throughout the plan of subdivision.

32. Ciearance Letters:

(a) That Prior to Final Pian Approval, the approval authority shall advise that all Conditions of Draft Plan Approval have been satisfied. The Owner is required to submit a detailed written memorandum detailing how each Condition of Draft Plan of Subdivision has been completes.

That Prior to Final Plan Approval, the municipality is to be advised in writing by the Cataraqui Region Conservation Authority the method by which Conditions 7 3, 14 and 22 have been satisfied.

That Prior to Final Plan Approval, the municipality is to be advised in writing by Hydro One the method by which Conditions 20,26(e) and 30 have been satisfied.

(b)

(c)

(d) That Prior to Final Plan Approval, the municipality is to b e advised in writing by Trans Northem Pipelines the method by which Conditions 19 have been satisfied.

33, Lapsing Provisions:

(a) That pursuant to Section 51(32) of the Plannino Act, this Draft Plan Approval shall lapse at the expiration of three (3) years from the date of issuance of Draft Plan Approval if final approval has not been given, unless a n extension is requested by the Owner and, subject to review, granted by the approval authority.

(b) That pursuant to Section 51 (33) of the Plannina Act, the Owner may submit a request to the approval authority for a n extension to this Draft Plan Approval. The extension period shall be for a maximUm Of two (2) years and must be submitted prior to the lapsing of Draft Plan Approval. Further extensions may be considered at the discretion of the approvaf authority where there a re extenuating circumstances.

CQUNCIL M E E T ~ N G O ~ MA67 0 3 ’09 City Council Meeting No. 05-2009


REPORT NO. 21 OF THE PLANNING COMMllJEE

NOTES TO DRAFT PLAN APPROVAL:

1. It is the Applicant‘s responsibility to fulfill the foregoing.Conditions of Draft Plan Approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Ptanning and Development

’ Department of the City of Kingston.

2. When requesting Final Approval, the Applicant will submit a detailed account of how each Condition Of Draft Plan Approval has been satisfied along with the appropriate clearance letter from the Agency, Ministry 01 body requesting tbe condition.

3. Prior to Final Plan Approval, the Applicant shall submit to the Municipaiity of Kingston for review four (4) draft copies of all Reference Plans and Surveys and three (3) draft copies of the Final M- Plan.

4. When requesting final approval, such a request must be directed to the Planning and Development Department and be accompanied with:

Four (4) mylars and four (6) paper prints of the completed Final M-Plan,

four (4) copies of all Reference Plans and (4) copies of all Conveyance Documents for all easements and lands being conveyed to the Municipality; and,

a Surveyor‘s Certificate to the effect that the lots and blocks on the Plan conform to the Zoning By- Law.

*

5. All measurements in subdivision final ptans must be presented in metric units.

6. Hydro One advises that an electrical distribution line operating at betow 50,000 volts might be located within the area affected by this development or abutting this development. Section 186 - Proximity - Of the Regulations for Construction Projects in the Occupational Health and Safety Act, requires that no object be brought closer than 3 metres (10 feet) to the energized conductor. It is the proponent’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act, They should also be aware that the electrical conductors can raise and lower without warning, depending on the electrical demand placed on the line. Waming signs should be posted on the wood poles supporting the conductors stating “DANGER - Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.

7. The Final Plan approved by the Municipality must be registered within thirty (30) days or the Municipality may, under Subsection 51(59) of the Planning Act, withdraw its approval.