Report to/Rapport au :
Agriculture
and Rural Affairs Committee
Comité de l'agriculture et des affaires rurales
07 June 2011 / le 07 juin 2011
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice
municipale adjointe, Infrastructure Services
and Community Sustainability/Services d’infrastructure et Viabilité des
collectivités
Contact Person/Personne-ressource : Derrick
Moodie, Manager/Gestionnaire, Development Review-Rural services/Examen des
projets d'aménagement-Services ruraux, Planning and Growth Management/Urbanisme
et Gestion de la croissance
(613) 580-2424, 15134 Derrick.Moodie@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
That the Agriculture
and Rural Affairs Committee:
1.
Give draft approval to the
application on the basis that:
a.
The
plan of subdivision include no more than 34 lots, which lots would utilize the
full development potential of the subject lands;
b.
The
lot fabric, road pattern and park location be to the satisfaction of the
General Manager, Planning and Growth Management; and
c.
The
conditions of draft approval be generally in accordance with Document 1, subject
to such changes as are approved by the General Manager, Planning and Growth
Management following review by a Sponsor Group.
2.
Create,
for the balance of the 2010-2014 term of Council, a Sponsor Group comprised of
the Chair and Vice-Chair of the Committee to liaise with staff and developers
with respect to proposed subdivisions within the Village of Greely and to
recommend where such subdivisions should proceed to Agriculture and Rural
Affairs Committee for consideration.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l’agriculture et des affaires
rurales :
1.
donne l’approbation
préliminaire de la demande ŕ condition que :
a.
le plan de
lotissement ne comprenne pas plus de 34 lots, qui utiliseraient au maximum le
potentiel d’aménagement des terrains en question;
b.
le
caractčre des lots, le tracé des routes et la situation des parcs soient ŕ la
satisfaction du directeur général, Urbanisme et Gestion de la croissance; et
c.
les
conditions de l’approbation préliminaire soient en général conformes au
document 1, sujet ŕ des modifications approuvées par le directeur général,
Urbanisme et Gestion de la croissance aprčs examen par un groupe responsable.
2.
crée, pour
la durée restante du mandat de 2010 ŕ 2014 du Conseil, un groupe responsable,
composé du président et du vice-président du Comité, qui assurera la liaison
avec le personnel et les promoteurs pour ce qui est des lotissements proposés
dans le village de Greely et qui formulera des recommandations destinées au
Comité de l’agriculture et des affaires rurales pour les lotissements qui
pourraient se matérialiser.
BACKGROUND
On 20 May 2010, the City received an
application for draft approval for a plan of subdivision for 18.2 hectares in
the southwest corner of the village of Greely.
A copy of the most recent proposed plan for which nitrogen/nitrate
dilution calculations have been provided (this topic is discussed in detail
below) is attached as Document 2. The plan, as it is currently constituted,
proposes the following development:
a)
40 lots for residential purposes, each
approximately 0.2 hectares size;
b)
Block 53, 5.4 hectares for future
development;
c)
Block 43, 0.6 hectares for a stormwater
pond;
d)
Blocks 44 and 45, 0.84 hectares, no land
use assigned;
e)
A block for parkland; and
f)
Block 52 for a future road link for
lands to the south.
The subject lands are designated Village in
the Official Plan, which permits the proposed development. The proposed subdivision is adjacent to the
boundary of the Village of Greely. The
lands are zoned DR1, a development reserve zone.
The proposed plan of subdivision has not been
the subject of a public meeting under the Planning
Act and has not received draft approval, primarily as a result of differing
views as to the number of residential lots that should be permitted on the
subject lands. This issue is discussed in more detail below. Due to this dispute, the applicant has
appealed the plan to the Ontario Municipal Board (OMB).
A hearing was scheduled for the week of 30
May 2011. On 27 May 2011 staff were
requested to seek an adjournment of the hearing to permit the matter of the
subdivision to be considered by Agriculture and Rural Affairs Committee.
While the zoning of the subdivision has also
been appealed to the Board, it was not scheduled for a hearing as it has not
been consolidated for consideration with the proposed draft plan.
The applicant has also recently applied for
an Official Plan amendment, zoning amendment, and draft plan approval for the
lands adjacent to the subject lands that are outside the village. This
application would constitute a village expansion. Should the City not adopt the
Official Plan amendment to permit such expansion the applicant would not have
appeal rights until the next comprehensive review by the City of its Official Plan
in 2014.
DISCUSSION
Number of Lots
The City and the applicant disagree on the
number of lots that should be permitted on the subject lands on several
grounds. Given the short time frame between the direction to provide this
report (27 May 2011) and the finalization of the report (07 June 2011), this
report deals with only the major items in dispute. If a report on all items in dispute is
required by Committee, it can be provided but additional time will be required.
The applicable provincial guideline to
determine the number of lots on the subject lands is Procedure D-5-4: Technical Guideline For Individual On-Site
Sewage Systems. This guideline, and its
partner guideline for Individual Wells (D-5-5), continue to be applied with
respect to development on private services within the rural area. It is noted
that on 24 January 2011, the OMB released a decision upholding a refusal of
draft approval by the City based on non-conformance with these guidelines.
Guideline D-5-4 provides a means for
assessing the potential for unacceptable groundwater impacts through a simple
analysis that predicts nitrogen/nitrate levels in groundwater as an indicator
of not only their presence but also that of other potential contaminants. The Ministry of the Environment (MOE) provides
a detailed guideline, Guideline B-7:
Incorporation of The Reasonable Use Concept into MOE Groundwater
Management Activities that provides for reasonable use
of groundwater resources on property adjacent to sources of contaminants and
establishes limits on the discharge of contaminants. This
detailed guideline is available for an applicant to use should the applicant
wish to do so. Guideline D-5-4 is intended to allow for a more simplified
approach that can be utilized in the evaluation of the majority of residential and
commercial land development applications on private services.
The intent of the guidelines is to ensure
that unacceptable impacts to do not occur in groundwater being utilized as a
potable water supply. Guideline D-5-4
provides for two means of so indicating nitrogen/nitrate levels: isolation or
dilution.
Isolation is shown by proving that the source
groundwater aquifer(s) is isolated hydraulically from the
groundwater into which the septic is discharged.
Where, as is in the present case, isolation
cannot be satisfactorily shown, the dilution method (formally “Contaminant
Attenuation”) may be utilized. With this
approach, the applicant must satisfy the approval authority that the
concentration of nitrogen/nitrate in the groundwater as it exits the property
is not expected to exceed 10 mg/l. (the Maximum Allowable Concentration under
the Ontario Drinking Water Standards).
To arrive at this determination, there are a
number of inputs set out in the MOE Hydrogeological Technical Information
Requirements for Land Development Applications. These are:
a)
Proposed
Number of Lots;
b)
Average
annual moisture surplus (as calculated by Environment Canada);
c)
Vegetation;
d)
Nature
of Topography
e)
Nature
of soil; and
f)
Impervious
Areas (roofs driveways, roads).
There are differences of opinion between the
City’s staff and witnesses for the OMB hearing and the applicant with respect
to the particular factors and input that should be utilized. The two key matters are as follows.
Use of Stormwater Pond as Volume Available
for Dilution Calculation
The amount of water available for dilution is
a function of the water utilized by a home and discharged into the septic
system and the volume of rainfall introduced into the groundwater.
Two different interpretations of the approach
to the calculation of the guidelines are at issue in this case.
The interpretation of staff and the witnesses
for the City is the amount of rainfall that will actually be introduced into
the groundwater and available for dilution of the nitrogen/nitrates from the
septic system is to be discounted from the total rainfall because some of the
rainfall will run off over land and not be absorbed into the soil and ground
water table. The presence of more impervious area or relatively more
impermeable soils or terrain with greater slopes will increase the amount of
run-off and decrease the amount of rainfall that percolates through the topsoil
into the groundwater (i.e. infiltration or recharge).
The consultant for the applicant states the
following in its report suggesting that all runoff can be utilized in the
dilution calculations. Their report
states:
“With respect to the utilization
of stormwater runoff in the calculations, the delineated overburden groundwater
flows were utilized to confirm the applicability of the stormwater management
pond (SWMP). In the case of the western segment, the overburden groundwater
flow is towards the lowest area of the segment, which is where the proposed
SWMP is located in the western segment.
In the eastern segment, a dry pond has been incorporated into the
stormwater management plan and will retain and allow for the vertical
infiltration of surplus stormwater runoff within the site limits. As such, the runoff water has been included
in the calculations as the excess runoff will be directed to the SWMP.
“Considering the relevant portions
of MOE Procedure D-5-4, it is clearly stated that the guidance document has
considered that stormwater facilities should be considered in the overall
predictive impact assessment analysis for a site. In this instance, the stormwater management
mechanisms (i.e. shallow grassed swales and ditches, long flow channels with
laminar flow characteristics, etc.) proposed for this site support the
inclusions for the runoff water in the available water portion of the dilution
calculations.
“Based on the aforementioned
methodology and assumptions, the predictive impact assessment for the
nitrate-nitrogen the western and eastern sections of the site can support
upwards of 25 and 26 residential lots respectively.”
City staff are not aware of any subdivision,
other than those by the present applicant and its related companies, that has
suggested that through the use of a stormwater pond all runoff would be
reintroduced in the groundwater. The
Rideau Valley Conservation Authority, who conducted a review on behalf of the
South Nation Conservation Authority and Stantec, a firm specifically retained
by the City for a peer review of the Hydrogeological Study and Terrain Analysis
Reports filed by the applicant, both have advised the City that based upon the
information presented, they cannot support a conclusion that 100 per cent of
the runoff is available for dilution.
There have been a number of hearings
involving the City and the applicant and its related companies where applicant
has raised the proposition of the utilisation of runoff to a stormwater
pond/amenity as part of the dilution calculations. To date, this proposition has not been a
determining factor in permitting the developments to proceed. In the present
case, to permit development beyond 34 lots, such utilisation of runoff to the
stormwater pond for the purpose of calculating dilution levels, would, in the
opinion of staff, be necessary.
In order to obtain a fresh opinion on the
practice of using runoff in such a fashion in the dilution calculation, the
City retained Conestoga-Rovers and Associates (CRA) from Waterloo, Ontario to
do an additional review.
In their report of 18 May 2011, CRA stated:
“For the Western Segment, Paterson
has included the use of runoff water in the determination of the dilution
volume. It is understood that the use of
runoff was included in the western segment due to the fact the overburden
groundwater flowed beneath the area of the proposed stormwater management pond
(SWMP). The consideration of runoff
water is not typically done for this type of assessment and no justification
for the use of runoff as dilution water was provided. Not only was stormwater runoff used in the
dilution calculation, but according to the water balance table presented in
Appendix 4 of the March 2011 report, 100 per cent of the available runoff
was used in the dilution calculation.
This is overly optimistic and inconsistent with the assumption of 80 per
cent of runoff used in the October 2010 version of the report (see page 32 of
the report).”
It is the opinion of City staff and the
witnesses retained by the City that no justification has been shown by the
applicant supporting the dilution calculations including 100 per cent, 80 per
cent or, indeed, any other percentage from the stormwater pond. It is therefore recommended that the
stormwater pond not be considered a factor at all in the dilution calculations.
Percent
Impervious and Infiltration Parameters
Small changes in the percent impervious will have a pronounced effect on the number of lots allowed. This is due to the fact that the greater the impervious area, less rainfall is available for recharge to the groundwater and subsequent dilution of the septic tank effluent. The consultant for the developer assumed an area of 220 square meters to represent the driveway, garage and house. The City has reviewed past developments of Sunset Lakes and has found that the actual average impervious area is 460 square metres. Under this condition, the amount of runoff would double. The consultant should increase the percent imperviousness thus reducing the total number of lots.
Table of MOE Infiltration Factors
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Factor |
Maximum Value |
Description |
Minimum Value |
Description |
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Topography |
0.3 |
Flat<0.06% slope |
0.1 |
Hillyland |
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Soil |
0.4 |
Open Sandy Soil |
0.1 |
Tight impervious clay |
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Cover |
0.2 |
Woodland |
0.1 |
Cultivated lands |
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Total |
0.9 |
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0.3 |
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As noted above, there are a number of inputs required to determine the volume of water available for dilution. Three of these inputs [topography (or slope), vegetative cover and soil type) are used to developed what is termed the infiltration factor. The table above highlights the range of values by showing the maximium values and the minimum values. The calculated infiltration factor is used to estimate the percentage of the moisture surplus that is available for dilution. The consultant should assume future conditions when determining the slope and vegetative cover for estimating the infiltration factor. The following example assumes no contribution from stormwater runoff and demonstrates the effect that the infiltration factors have at determining the number of lots. If one assumes the highest numbers for the three components of the infiltration factor: slope, soil and vegetative cover (infiltration factor of 0.9) then the site can support 52 lots. If one assumes the lowest values (infiltration factor of 0.3) then the site can support 17 lots. The consultant’s estimate of 51 lots is not supportable.
East Segment and West Segment
As a result of the direction of groundwater
flows, precipitation in the western area will not serve to dilute the
concentration of nitrogen/nitrates in the eastern area nor will precipitation
in the eastern area serve to dilute the concentration of nitrogen/nitrates in
the western area. As a result, both City
staff and the applicant’s consultant have provided their advice as to the
number of residential lots that should be permitted based upon a
western/eastern divide.
Notwithstanding the advice of the applicant’s consultant that 25 lots and 26 lots could be permitted in the western and eastern sections respectively, the applicant’s proposed plan provides for 22 lots in the west and 18 lots in the east.
City staff have performed a dilution
calculation and conclude that 20 lots can be permitted in the east segment and
14 lots in the west. The position that
was to be taken by the City at the Ontario Municipal Board hearing is that
draft approval should not be granted but rather remitted to the City and the
applicant for further discussions. As
there are a number of ways that a specific number of lots can be laid out with
street patterns, it was felt that this approach would permit the applicant to
design its subdivision. However, if the
number of lots is endorsed at 34 by Committee, this will permit the applicant
to design the subdivision with this number of lots prior to returning to the
Board for draft approval.
Summary
The City does not support the applicant’s proposal for a 51-lot subdivision. The City, the City’s two consultants and the RVCA all agree that 51 lots will result in a situation where concentrations of nitrogen/nitrates in the groundwater as it exits the property will exceed 10 mg/l (the Maximum Allowable Concentration (health parameter) under the Ontario Drinking Water Standards). Human consumption of water with concentrations of nitrogen/nitrates above the MOE health parameter of 10 mg/l can be a health hazard.
The main reason that the City believes that the developer’s consultant is over estimating the number of lots is the parameters they chose to estimate the infiltration available for dilution. The important ones in this case are:
1) City does not agree with using 100 per cent of the runoff for nitrate dilution.
2) Developer should use a more representative number for the percent of impervious area.
3) The consultant should use infiltration factors that truly represent future development conditions.
SPONSORS GROUP
While an Ontario Municipal Board hearing would
provide five days to go through conditions of draft approval in detail, that
amount of time is not available before a Standing Committee of Council. Staff and the applicant agree that it would be
worthwhile to find another means by which the conditions could be discussed
prior to any hearing.
Further, as has been noted above, there have
been a number of hearings involving subdivisions in Greely and a means to
facilitate discussions moving forward with respect to present and future
applications may be appropriate.
The precedent of a Sponsors Group, comprised
of Councillors, has been used in the past to facilitate discussions
particularly, as with the development charges review, where consultations with
the development industry were taking place.
Staff are therefore proposing a Sponsors
Group for Greely subdivisions comprised of the Chair and Vice-Chair of
Agriculture and Rural Affairs Committee.
This group would meet with staff and applicants on an as needed basis to
review any concerns that arise during the subdivision process. No change would be made to the delegation of
authority but the group could provide input to resolve disputes. Where resolution cannot be achieved, the
group could provide a recommendation that delegated authority be lifted and the
application proceed to Agriculture and Rural Affairs Committee.
In the present case, the group would meet
with staff and the developer to determine if agreement on the conditions of
draft approval could be reached.
It is proposed that the role of this Sponsors
Group would end with the expiration of the present term of Council. The group could be reactivated in the next
term if such is believed to be necessary.
RURAL IMPLICATIONS
As a subdivision within the rural area, the
subdivision has been evaluated against the applicable rural policy provisions
in the Official Plan.
PUBLIC CONSULTATION
Due to the fundamental dispute over the
number of lots, no public meeting has been held with respect to this
subdivision. Members of the public are
entitled to appear before the Ontario Municipal Board and seek party or
participant status.
COMMENTS BY THE WARD COUNCILLOR(S)
The Ward Councillor is aware of this report
and the recommendation.
LEGAL IMPLICATIONS
As a result of the applicant’s appeal, the
Ontario Municipal Board is vested with the approval authority for this
subdivision. Thus, while Agricultural
and Rural Affairs Committee has delegated authority to provide instructions to
the City’s legal counsel, formal approval authority rests with the Board.
Following Committee consideration of this
hearing, the applicant will be required to provide notice of a new
hearing. Should a contested hearing
occur, it is estimated to last one week.
The estimated cost to the City for the two firms retained to provide
professional opinion evidence is $14,000.
RISK MANAGEMENT
IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
Following Committee consideration of this
hearing, the applicant will be required to provide notice of a new
hearing. Should a contested hearing occur,
it is estimated to last one week. The
estimated cost to the City for the two firms retained to provide professional
opinion evidence is $14,000. Funds are not budgeted for
external planning consultants; the expense may impact Planning and Growth
Management’s 2011 operating status.
ENVIRONMENT
IMPLICATIONS
The levels of nitrates/nitrogen are discussed
above in this report. An Environment
Impact Statement has been submitted and all other relevant matters can be
addressed through standard subdivision conditions.
TECHNOLOGY IMPLICATIONS
N/A
CITY STRATEGIC PLAN
N/A
SUPPORTING DOCUMENTATION
Document 1 – Proposed City Conditions for
Draft Approval
Document 2 – Most Recent Draft Plan Proposed
By Applicant
Document 3 – RVCA
Comments
Document 4 – Stantec Comments
Document 5 – CRA
Comments
DISPOSITION
Legal Services will present Committee’s
endorsed position to the Ontario Municipal Board.
PROPOSED CITY CONDITIONS FOR DRAFT APPROVAL DOCUMENT 1
File: D07-16-10-0015
MENU
OF CONDITIONS
FOR
DRAFT APPROVAL
SUNSET
LAKES DEVELOPMENT CORPORATION
1566 STAGECOACH ROAD SUBDIVISION
DRAFT
APPROVED DD/MM/YYYY
The
City of Ottawa's conditions applying to the approval of the final plan for
registration of Sunset Lakes Development Corporation's 1566 Stagecoach Road
Subdivision (File No. D07-16-10-0015) are as follows:
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This approval applies to the draft plan
certified by J.D. Barnes Limited, Ontario Land Surveyor, dated
___________________, showing 40 single family residential lots development. |
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The Owner
agrees, by entering into a Subdivision Agreement, to satisfy all terms,
conditions and obligations, financial and otherwise, of the City of Ottawa,
at the Owner’s sole expense, all to the satisfaction of the City. |
Clearing Agency |
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General |
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1 |
G1 |
Prior
to the issuance of a Commence Work Notification, the Owner shall obtain such
permits as may be required from Municipal or Provincial authorities and shall
file copies thereof with the General Manager, Planning and Growth Management.
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2 |
G2 |
Prior
to commencing construction, the Owner shall enter into a subdivision
agreement with the City. The subdivision agreement shall, among other
matters, require that the Owner post securities in a format approved by the
City Solicitor, in an amount of 100% of the estimated cost of all works, save
and except non-municipal buildings. The aforementioned security for site
works shall be for works on both private and public property and shall
include, but not be limited to, lot grading and drainage, landscaping and
driveways, roads and road works, road drainage, underground infrastructure
and services (storm, sanitary, watermains), streetlights, stormwater
management works. The amount secured by the City shall be determined by the
General Manager, Planning and Growth Management, based on current City tender
costs, which costs shall be
reviewed and adjusted annually. Engineering, Inspection and Review
fees will be collected based on the estimated cost of the works as noted
herein and in accordance with the City's Planning Fees By-laws, as amended. |
OTTAWA
Planning |
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3 |
G5 |
The
Owner acknowledges and agrees that any person who, prior to the
draft plan approval, entered into a purchase and sale agreement with respect
to lots or blocks created by this Subdivision, shall be permitted to withdraw
from such agreement without penalty and with full refund of any deposit paid,
up until the acknowledgement noted above has been executed. The
Owner shall provide to the General Manager, Planning and Growth Management an
acknowledgement from those purchasers who signed a purchase and sale
agreement before the Plan was draft approved, that the Plan had not received
draft approval by the City. The Owner agrees that the purchase and sale
agreements signed prior to draft approval shall be amended to contain a
clause to notify purchasers of this fact, and to include any special warning
clauses, such as but not limited to Noise Warnings and easements. |
OTTAWA
Legal |
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4 |
G6 |
All
prospective purchasers shall be informed through a clause in the agreements
of purchase and sale of the presence of lightweight fill on the lands, and
that the presence of such lightweight fill may result in specific
restrictions on landscaping, pools, additions, decks and fencing. |
OTTAWA
Legal |
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5 |
G7 |
The
Owner, or his agents, shall not commence or permit the commencement of any
site related works until such time as a pre-construction meeting has been
held with Planning and Growth Management staff and until the City issues a
Commence Work Notification. |
OTTAWA
Planning |
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6 |
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The Owner
acknowledges and agrees to convey to the City, all lands required for public
purposes, including but not limited to, reserves, Road widenings, daylighting
triangles, walkway blocks, open space blocks, lands required for parks, (or
cash-in-lieu thereof) and for storm water measures, to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA
Planning |
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7 |
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The Owner acknowledges and agrees
that the approval of the subdivision is on the basis of the approved number
of lots and that any splitting of these lots, if permitted by the Zoning
By-law will, among other considerations, depend on the hydrogeology and
terrain analysis study and any addenda and revisions thereto, prepared for the subdivision, being
reviewed by a qualified hydrogeologist to advise whether such splitting
should be permitted and under what conditions. |
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8 |
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The Owner acknowledges that prior to
any further division of lots or blocks, the City may require an additional
agreement to address any new or amended conditions. |
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9 |
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The Owner acknowledges and agrees to
have competent professional engineering inspection personnel on site at all
times during the period of construction to supervise the Works and the
General Manager, Planning and Growth Management shall have the right at all
times to inspect the installation of the Works. Should it be found in the
sole opinion of the General Manager, Planning and Growth Management that such
personnel are not on site or are incompetent in the performance of their
duties, or that the said Works are not being carried out in accordance with
approved plans or specifications and in accordance with good engineering
practice, then the General Manager, Planning and Growth Management may order
all work in the project to be stopped. |
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10 |
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The
Owner acknowledges and agrees that all reports and/or studies required as a
result of the approval of the Plan of Subdivision shall be implemented to the
satisfaction of the City
at the sole expense of the Owner, and
that the City may require certification by the Owner’s professional
consultants that the Works have been designed and constructed in accordance
with the approved reports, studies, standards, specifications and plans to
the satisfaction of the General Manager, Planning and Growth
Management. |
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11 |
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The Owner
acknowledges and agrees to be responsible for the provision of the following
services, at its cost, to the satisfaction of the City; a)
roads, ditches and conveyance
systems; b) street lights, marker lighting; and c) street names and traffic signs. |
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12 |
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The Owner
acknowledges and agrees that any lands, which may form part of a subsequent
phase for this Subdivision shall be described on Schedule F, Section A,
Phasing of Development. An Inhibiting
Order shall remain registered on all subsequent Phase(s) Residential Lands
until such time as the Hydrogeological Study Performance Report for wells and
septic for Phase 1 Residential Lands is completed and approved. |
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Zoning |
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13 |
Z1 |
The Owner
agrees that prior to registration of the Plan of Subdivision, the Owner shall
ensure that the proposed Plan of Subdivision shall conform with a Zoning
By-law approved under the requirements of the Planning Act, with all
possibility of appeal to the Ontario Municipal Board exhausted. |
OTTAWA
Planning |
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14 |
Z2 |
The Owner
undertakes and agrees that prior to the registration of the Plan of
Subdivision, the Owner shall deliver to the City a certificate executed by an
Ontario Land Surveyor showing that the area and frontage of all lots and
blocks within the Subdivision are in accordance with the applicable Zoning
By-law. |
OTTAWA
Planning |
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15 |
HR2 |
The
Owner shall provide for temporary turn-arounds for all streets terminating at
the edge of any phase of development, prior to registration of the Plan, to
the satisfaction of the General Manager, Planning and Growth Management. The
Owner agrees that it will convey to
the City at no cost any temporary easements that may be required in order to
establish the temporary turn-arounds. Turning circle(s) may include a 0.3
metre reserve along the perimeter of any temporary turning circle(s), to the
satisfaction of the General Manager, Planning and Growth
Management. For any portion of the
temporary turn-around easements that do not form part of the permanent road
allowance, the easements shall be released at the expense of the Owner when
the easements are no longer required by the City. |
OTTAWA
Planning |
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16 |
HR3 |
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OTTAWA Planning City
Surveyor |
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17 |
HR4 |
Any dead ends and/or open spaces of road allowances
created by this plan of subdivision shall be terminated in 0.3 metre reserves
to be conveyed to the City. This may include a 0.3 metre reserve along any
temporary turning circle(s). The Owner may place 0.3 metre reserves on the
following locations: Block 41 along Block 49 Block 42 along Street A Block 48 Block 50 along Lot 1 Block 52 along Street A Block 53 along Block 46,
47, Street A, and Stagecoach Road |
OTTAWA Planning Legal |
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18 |
HR5 |
The Owner shall provide the following 5 m x 5m site
triangles on the final plan: Street A intersection with Stagecoach Road Street B intersection with Street A Street B intersection with Courtland Grove Crescent Street C intersection with Street A |
OTTAWA Planning Legal |
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19 |
HR6 |
A
0.3 m reserve adjacent to the widened limit of Stagecoach Road shall be
indicated on the plan submitted for registration and conveyed at no cost to
the City. |
OTTAWA Planning Legal |
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20 |
HR8 |
The Owner agrees to provide a construction traffic
management plan for the subdivision prior to the earlier of registration of
the Agreement or early servicing. Such
plan shall be to the satisfaction of the General Manager, Planning and Growth
Management. |
OTTAWA Planning |
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21 |
HR10 |
All
streets shall be named to the satisfaction of the Director of Building Code Services and in accordance with the Municipal Addressing By‑law or
the Private Roadways By-law as applicable. |
OTTAWA
Planning BCS |
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22 |
HR11 |
The Owner
acknowledges and agrees that the design of all Road intersections, including
geometric, intersections spacing, grades, the conveyance of the necessary
sight triangles and required 0.3 meter reserves necessary for lot access
control or until the future construction of Road extensions or future
development of adjacent lands, shall be to the satisfaction of the General Manager, Planning
and Growth Management. |
OTTAWA
Planning |
|
23 |
HR12 |
Where
land has been dedicated for road widening purposes as part of the planning
process, where the Owner receives no
financial compensation or in-kind consideration in exchange for the
widening, and where the City deems that the land is no longer required for
that purpose, the lands may be conveyed back to the original owner, or its
successor in title, for $1.00. The
owner, or its successor in title, will be responsible for all costs to
complete said conveyance, including an administrative fee. |
OTTAWA
Planning |
|
24 |
HR
13 |
Prior
to the registration, the Owner shall obtain approval of a road closure for
those lands (specify) the applicant proposes to acquire from the City and
acquire said lands from the City prior to Final Approval in order to include
said lands on the final plan of subdivision. |
OTTAWA
Planning |
|
25 |
HR17 |
The
Owner acknowledges that the construction of buildings may be restricted on
certain lots and/or blocks until such time as Road connections are made so
that snowplow turning and garbage collection can be implemented to the satisfaction of the General Manager, Planning
and Growth Management. |
OTTAWA
Planning |
|
26 |
|
The Owner acknowledges and agrees to
dedicate the proposed streets, as shown on the Plan as Public Highways, to
the City. |
OTTAWA Planning |
|
27 |
|
The Owner
acknowledges and agrees to construct temporary
turning circles at no cost to the City as required for dead end streets in a
matter satisfactory to the General Manager, Planning and Growth Management.
All turning circles shall have a right of way radius of 21.5 metres and shall
include a 0.3 metre reserve along the perimeter of any temporary turning
circle(s) all to the satisfaction of the General Manager, Planning and Growth
Management. The design of all Road intersections, including geometric,
intersection spacing, grades, the conveyance of the necessary sight
triangles, 10 metres x 10 metres at the intersection of arterial/collector
roads, 5 metres x 5 metres at the intersection of local Roads within the
Subdivision and the required 0.3 metre reserves for lot access control, shall
all be to the satisfaction of the General Manager, Planning and Growth
Management. |
OTTAWA Planning |
|
28 |
|
The Owner acknowledges
and agrees to conform to the City’s
Municipal Addressing By-Law being By-Law No. 2005-322, as amended. |
OTTAWA
Planning |
|
29 |
|
The Owner acknowledges and agrees to be responsible for 100% of the
cost and installation of all permanent and temporary street name signs and
traffic signs that may be required in accordance with City Specifications.
All signs shall be installed and located to the satisfaction of the General
Manager, Planning and Growth Management and installed prior to Acceptance by
the City of the Roads within the Subdivision. |
OTTAWA
Planning |
|
30 |
|
The Owner
acknowledges and agrees that any dead ends and/or open spaces of Road
allowances created by this Plan of Subdivision shall be terminated in 0.3
metre reserves to be conveyed to the City.
This shall include a 0.3 metre reserve easement along any temporary
turning circles. |
OTTAWA
Planning |
|
31 |
|
The Owner acknowledges and agrees to orient all
driveway accesses for residential units onto internal Roads. |
|
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32 |
|
The
Owner acknowledges and agrees that all street lighting shall be designed and
constructed in accordance with the City Specifications and design. Marker Lighting
shall be used in this development. |
OTTAWA
Planning |
|
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Geotechnical |
|
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33 |
|
The Owner acknowledges and
agrees to retain the services of the previously referred to geotechnical
engineer to ensure that the recommendations of the report are fully
implemented. The Owner shall provide the General
Manager, Planning
and Growth Management, with certificates of
compliance issued by the geotechnical engineer with respect to each of the
matters identified in paragraph 81 of this Schedule “F”. Furthermore, the Owner shall provide the General
Manager, Planning
and Growth Management with certificates of compliance issued by the geotechnical engineer
prior to construction of the foundation and prior to a request for backfill
inspection. |
OTTAWA Planning |
|
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|
Sidewalks,
Walkways, Fencing, and Noise Barriers
|
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|
34 |
S1 |
The Owner
shall construct a 6 metres asphalt pathway within Block X (linking Street A
to Courtland Grove Crescent) as well as fencing at the perimeter of the walkway block and plantings, to the
satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
35 |
S2 |
The Owner agrees to
design and construct, at no cost to the City, sidewalks in accordance with
City Specifications in the following locations: ·
South
side of Street A from Street B to Stagecoach Road |
OTTAWA Planning |
|
36 |
S3.1 |
The
Owner agrees to connect all new sidewalks/pathways to the existing
sidewalk/pathway(s) to the satisfaction of the General Manager, Planning and
Growth Management. |
OTTAWA Planning |
|
37 |
S4 |
The
Owner agrees to design and construct, at no cost to the City, 1.8 metre black
vinyl-coated chain link fences in accordance with the Fence By-law and all
other City Specifications, at the following locations: · Block X (linking Street A to Courtland Grove Crescent) |
OTTAWA Planning |
|
38 |
S4.1 |
The Owner agrees that any
vinyl-coated chain link fence required to be installed under this Agreement,
shall be located a minimum of 0.15 metres inside the property line of the
private property. |
OTTAWA Planning |
|
39 |
S8 |
The Owner shall insert a
clause in each agreement of purchase and sale and Deed for lands which fences
have been constructed stating that: “Purchasers are advised
that they must maintain all fences in good repair, including those as
constructed by Sunset Lakes Development Corporation along the boundary of
this land, to the satisfaction of the General Manager, Planning and Growth
management. The Purchaser agrees to include this clause in any future
purchase and sale agreements”. |
OTTAWA Planning |
|
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Landscaping/Streetscaping
|
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|
40 |
LS1 |
The
Owner agrees that for all single
detached lots, a minimum of 1 tree per interior lot and 2 trees per exterior
side yard lots shall be provided on the Landscape Plan to the satisfaction of
the General Manager, Planning and Growth Management. Said streetscape
plan shall also include trees at a 6-8 metre on-centre separation distance
the full extent of the road right-of-way abutting the future park block(s).
Should specific site constraints prevent said allocation of trees, the
required plantings shall be provided within any proposed park(s), open space
or environmental blocks, non-residential road right-of-way frontages, stormwater
management facility(s), or other suitable alternative location, to the
satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
41 |
LS2 |
The Owner
agrees to have a landscape plan for the draft plan of subdivision prepared by
a Landscape Architect. The landscape p |
OTTAWA Planning Forestry Services |
|
42 |
LS3 |
The Owner agrees to
implement the approved landscape plan to the satisfaction of the General
Manager, Planning and Growth Management. |
OTTAWA Planning
Forestry Services |
|
43 |
LS4 |
The Owner agrees to have
a tree conservation report prepared by an arborist, forester, landscape
architect, or other qualified professional, to be coordinated with the
grading and drainage plan. The tree conservation report will identify the vegetation
communities and specimens that are to be preserved, to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA Planning
Forestry Services |
|
44 |
LS5 |
The Owner agrees to
implement the approved tree conservation report measures, prepared in
accordance with City Specifications and Standards following registration of
the plan, at the cost of the Owner.
The Owner shall provide the General Manager, Planning and Growth
Management with an arborist's, forester's, landscape architect's, or other
qualified professional's certification that the plan has been fully
implemented. |
OTTAWA Planning
Forestry Services |
|
45 |
LS6 |
The Owner shall implement
the protection measures outlined in the tree conservation report, to ensure
preservation of the trees identified for protection, to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA Planning Forestry Services |
|
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Gateway
Features
|
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|
46 |
GF1 |
Community
Features: The
Owner acknowledges and agrees that the proposed Community Gateway Feature(s)
located at Stagecoach Road shall be designed, constructed and certified by a
qualified professional and shall be in accordance with the City’s Design
Guidelines for Development Application Gateway Features, applicable by-laws
and policies as may be amended from time to time. The Community Gateway Feature shall be
subject to the approval of the General Manager, Planning and Growth
Management. The Owner shall deposit
security in the amount to be determined by the General Manager, Planning and
Growth Management prior to registration of the Plan to meet the on-going
maintenance obligations of the Feature by the Owner for a 5-year period after
the construction of the Feature. The
amount of security shall be determined by the General Manager of Planning and
Growth Management and will not be reduced or released until the expiration of
the 5-year period and certification by a qualified professional that the
Feature is constructed in accordance with the Guidelines and approved plans
and is in a good state of repair. The
Owner shall file copies of the aforementioned certification with the General
Manager, Planning and Growth Management.
During the warranty period the Owner shall be solely
responsible for the on-going upkeep and maintenance of the Community Gateway
Feature to the satisfaction of the General Manager, Planning and Growth
Management. The Owner shall be required to make a financial contribution to
the “Supplementary Maintenance Fund” as
determined by the General Manager, Planning and Growth Management prior to registration of the Plan in
accordance with the City’s Design Guidelines for Development Application
Gateway Features. |
OTTAWA Planning |
|
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Parks
|
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|
47 |
P1 |
The Owner covenants and agrees that Block xx will
be conveyed to the City, at no cost, as dedicated parkland. The size and
configuration of Block xx on the Final Plan shall be to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA
Planning |
|
48 |
P2 |
In accordance with the Planning Act and the City of Ottawa Parkland Dedication
By-law, the Owner shall: (a)
convey Block xx to the City for parkland
purposes; All to
the satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
49 |
P4 |
All Owner obligations associated with the Park Block
must be completed in Phase one of the development by the time of construction
of Street A to the satisfaction of the General Manager of Planning and Growth
Management. |
OTTAWA Planning |
|
50 |
P5
|
The owner acknowledges and agrees that no
stormwater management facilities, encumbrances such as retaining walls,
utility lines or easements of any kind shall be located on dedicated park
blocks without the prior written approval of the General Manager, Planning
and Growth Management. |
OTTAWA Planning |
|
51 |
P6 |
The Owner acknowledges and agrees that any
encumbrances which are not solely for the benefit of the park such as
retaining walls, utility lines or easements of any kind on lands, or portion
thereof encumbering the design and function of future Park Block XX will not
form part of the required Planning Act parkland dedication requirements at
the discretion of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
52 |
P7 |
The Owner acknowledges and agrees, at his
expense, to erect on Park Block XX, at a location(s) selected by the General
Manager, Planning and Growth Management, a professionally painted sign.
Sign material, size and installation and construction details shall be to the
satisfaction of the General Manager, Planning and Growth Management.
This sign shall clearly read, in English and in French: Future Parkland No Dumping No Removal Soil or Vegetation No Storage of Materials The Owner
further agrees to maintain the sign (including graffiti removal) and that
such sign shall be removed only with the approval of the General Manager,
Planning and Growth Management. |
OTTAWA Planning |
|
53 |
P8 |
The Owners shall not remove or disturb any of the
existing vegetation or topsoil on dedicated parkland unless such removal or
disturbance forms part of the remedial work approved by the General Manager,
Planning and Growth Management. If the Owner disturbs the parkland, it
must be reinstated to the satisfaction of the General Manager, Planning and
Growth Management. |
OTTAWA Planning |
|
54 |
P9 |
The Owner shall grade areas of parkland where
necessary, to the satisfaction of the General Manager, Planning and Growth
Management, so as to provide a uniform surface, free of debris, necessary to
establish a safe clean and maintainable surface. Park Blocks shall be graded
in accordance with the approved Grading Plan for the plan of subdivision. No
storage of building materials, including granular or topsoil, will be
permitted on the Park Block. It is the
responsibility of the Owner to fill with clean earth fill, compact and level
the park block accordingly, providing for positive surface drainage. In the
event that either cut or fill is required within the park block the owner
shall scrape and stockpile existing topsoil on site for future park use. The
General Manager, Planning and Growth Management shall approve all works and
fill materials prior to being placed on site. |
OTTAWA Planning |
|
55 |
P12b) Privately Serviced |
Unless otherwise specified the Owner shall
provide the following services and utilities to all Park Blocks: a) The
Owner shall provide an open ditch, culvert and driveway in the road allowance
adjacent to the park frontage, in accordance with the approved street
cross-section. b) The
Owner shall provide a well, constructed as per Ontario Regulation 903 and the
recommendations of the approved Hydrogeological investigation and, shall also
be certified by a P. Eng. or P. Geo. The Hydrogeological investigation shall
be in accordance with MOE Procedure D-5-5, except for the minimum number of
wells. c) A 120/240 volt, 200 ampere single phase hydro
service at 2m inside the park property line. The Owner
is responsible for making all arrangements and coordinating the connection of
the new hydro service, including costs and inspections, with the respective
electrical agencies. All works
shall be shown on the approved drawings and shall be subject to the approval
of the General Manager, Planning and Growth Management. |
OTTAWA Planning |
|
56 |
P13 |
The Owner shall install fencing of uniform
appearance and quality, with a minimum height of five feet (5’) (1.5m) along
the common boundary of all residential lots and blocks and ravine lands, and
hazard lands which abut public walkways and Park Blocks. Fences shall be
installed 0.15m on the park side of the common property line, and the
location of the fence shall be verified by an Ontario Land Surveyor. Fence
materials will be of commercial grade and consist of 6 gauge black vinyl
coated chain link material and black powder coated schedule 40 pipe rails and
posts or an approved alternative. |
OTTAWA Planning |
|
57 |
P14 |
No access from private property to public
property will be allowed. The Owner shall place the following clause in each
Agreement of Purchase and Sale and in Deeds for all Lots and Blocks. “The
Transferee for himself, his heirs, executors, administers, successors and
assigns acknowledges being advised that gates accessing public property are
not permitted in the fences.” |
OTTAWA Planning |
|
58 |
P16 |
The Owner shall include a clause in each
Agreement of Purchase and Sale and in Deeds for all Lots and Blocks which
shall provide notification to all purchasers of lands within the Subdivision
that parkland within this subdivision and/or already existing in the vicinity
of the subdivision may have: a)
active hard surface and soft surface recreational facilities b) active lighted sports fields c) recreation and leisure facilities d) potential community centre e) other potential public buildings/facilities. |
OTTAWA Planning |
|
59 |
|
The Owner
shall provide interim pedestrian access to the park in the form of a 6 meter
wide pedestrian walkway block with a 3 meter wide asphalt path extending from
Street A in Phase 1 to the proposed park location along Stagecoach Road. |
OTTAWA
Planning |
|
60 |
|
The final design of the storm pond area should
incorporate a looped pathway system connecting to the park pathway system.
The pathway should be a 3 meters wide asphalt path. |
OTTAWA
Planning |
|
|
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Environmental
Constraints
|
|
|
61 |
EC1 |
The Owner
acknowledges that any watercourse and/or ditch is subject to Ontario
Regulation 170/06, “Development, Interference with Wetlands and Alterations
to Shorelines and Watercourses”, made under Section 28 of the Conservation
Authorities Act, R.S.O. 1990, c. C.27, as amended, administered by South
Nation Conservation. The regulation requires that the Owner of the property
obtain a permit from the Conservation Authority prior to straightening,
changing, diverting, or interfering in any way with any watercourse or ditch.
Any application received in this regard will be assessed within the context
of approved policies for the administration of the regulation. |
OTTAWA CA Planning |
|
62 |
EC2 |
The Owner
shall have an Integrated Environmental Review Statement prepared, in
accordance with the policies of the Official Plan, to the satisfaction of the
General Manager, Planning and Growth Management. |
OTTAWA Planning CA |
|
63 |
EC8 |
The Owner
shall prepare a Homeowners’ Awareness Package highlighting the advantages and
responsibilities of a home or landowner living in the natural area. This package is to be included in all
Agreements of Purchase and Sale. |
OTTAWA Planning CA |
|
64 |
|
The
Owner acknowledges and agrees that the construction of the subdivision shall
be in accordance with the recommendation of the Environmental Impact Statement
and Tree Conservation Report, prepared by Muncaster Environmental Planning,
dated September 7, 2010. * Retained trees between the rear drainage swale
and the building envelope will generally be six (6) metres in width, as shown
on Grading Plan Drawings GP-1, GP-2, GP-3, by Ark Engineering). *
The
owners of each lot shall submit for approval a detailed site plan with the
application for design review approval. Tree conservation and planting will
be addressed. *
No tree
in excess of 10 cm dbh can be removed for construction of the home except for
driveway, septic and living area. *
Native
plantings will be placed adjacent to the retained vegetation at the rear of
each lot once the lot servicing is completed. Non-native species are not to
be planted. *
Bands of
trees are to be protected with sturdy fencing installed a distance of ten
times the trunk diameter from the trunk. *
No
grading activities that may cause soil compaction such as heavy machinery and
stockpiling of material are permitted within the fencing, or grade raises, or
digging. *
If any
roots are exposed during site alterations, the roots shall be immediately
reburied with soil or covered with filter cloth to keep moist until roots can
be buried permanently. *
No tree
or shrub removal will occur between April 15th and July 31st,
unless a breeding bird survey is conducted within 5 days to identify no
active nests are in the trees and shrubs. *
Effective
sediment and erosion control measures are to be maintained until complete
re-vegetation of disturbed areas is achieved. *
Any tree
and shrub plantings are to be monitored and any dead or dying material is to
be replaced. |
OTTAWA Planning CA |
|
65 |
|
The Owner
agrees to implement the recommendations of the Shields Creek Subwatershed
Study, and use the Subwatershed Study as a basis for preparation of the final
studies and reports. |
OTTAWA Planning CA |
|
|
|
Record
of Site Condition/Contaminated Soil
|
|
|
66 |
RSC1 |
The
Owner shall be required to submit to the General Manager, Planning and Growth
Management and Chief Building Official, a Record of Site Condition (RSC)
completed in accordance with the O.Reg. 153/04, and acknowledged by the
Ministry of Environment. The RSC shall
confirm that all or part of the site will be suitable for the proposed use in
accordance with O.Reg. 153/04. |
OTTAWA
Planning |
|
|
|
Schools
|
|
|
67 |
|
The Owner agrees to inform
prospective purchasers that school accommodation pressures exist in the
Ottawa-Carleton District School Board Schools designated to serve this
development and that at the present time this problem is being addressed by
the utilization of portable classrooms and/or by directing students to
schools outside their community. |
|
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Archaeology
|
|
|
68 |
ARC1 |
(i)
The Owner acknowledges having been
required to retain a licensed consultant archaeologist to undertake an
archaeological assessment of the entire property, including 1:10,000 scale
mapping, “Archaeological Site Record” and report(s); (ii)
The Owner agrees to implement the
recommendations of the approved assessment, including mitigation, through preservation
or removal and documentation of archaeological resources; and (iii)
The Owner agrees that no site works
shall take place until any archaeological resource conservation concerns have
been addressed. All
of the above noted conditions shall be to the satisfaction of the Ministry of
Culture and the General Manager, Planning and Growth Management. |
OTTAWA
Planning Ministry of Culture (Ministry provides written clearance
to the City prior to registration, usually at the request of the applicant.) |
|
|
|
Stormwater
Management
|
|
|
69 |
SW1 |
The Owner
shall provide to the General Manager, Planning and Growth Management any and
all stormwater reports that may be required by the City for approval prior to
the commencement of any works in any phase of the Plan of Subdivision. Such
reports shall be in accordance with any watershed or subwatershed studies,
conceptual stormwater reports, City or Provincial standards, specifications
and guidelines. The reports shall
include, but not be limited to, the provision of erosion and sedimentation
control measures, implementation or phasing requirements of interim or
permanent measures, and all stormwater monitoring and testing
requirements. All reports shall be to
the satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA
Planning CA |
|
70 |
SW2 |
(a) Prior to the
commencement of construction of any phase of this Subdivision (roads,
utilities, any off site work, etc.) the Owner shall: i.
have a Stormwater Management Plan
and an Erosion and Sediment Control Plan prepared by a Professional Engineer
in accordance with Current Best Management Practices, ii. have
said plans approved by the General Manager, Planning and Growth Management,
and iii. provide
certification to the General Manager, Planning and Growth Management through
a Professional Engineer that the plans have been implemented. (b)
Any changes made to the Plan shall be submitted to the satisfaction to the
City of Ottawa and the Conservation Authority. (c) The
Owner shall implement an inspection and monitoring plan to maintain erosion
control measures. |
OTTAWA
Planning CA |
|
71 |
SW3 |
On
completion of all stormwater works, the Owner shall provide certification to
the General Manager, Planning and Growth Management through a Professional
Engineer that all measures have been implemented in conformity with the
approved Stormwater Site Management Plan. |
OTTAWA
Planning CA |
|
72 |
SW4 |
Prior to
the registration, or the making of an application for a Ministry of
Environment Certificate of Approval for any stormwater works, whichever event
first occurs, the Owner shall prepare a Stormwater Site Management Plan in
accordance with a Conceptual Stormwater Site Management Plan (specified by
title of plan, date), Stormwater Best Management Practices and in conformity with the
approved Sub-Watershed Plan.
The Stormwater Site Management Plan shall identify the sequence of its
implementation in relation to the construction of the subdivision and shall
be to the satisfaction of the General Manager, Planning and Growth Management
and South Nation Conservation. |
OTTAWA
Planning CA |
|
73 |
SW5 |
The Owner
shall maintain the stormwater management pond in accordance with the
recommendations of the Stormwater Management Plan and to the satisfaction of
the General Manager, Planning and Growth Management until such time as the
stormwater management pond has been given Final Acceptance and assumed by the
City of Ottawa. |
OTTAWA
Planning |
|
74 |
SW6 |
The Owner
shall design and construct, as part of the stormwater management
infrastructure, at no cost to the City, a monitoring facility or facilities
and vehicular access to the satisfaction of the General Manager, Planning and
Growth Management. |
OTTAWA
Planning |
|
75 |
SW7 |
The Owner
agrees that the development of the Subdivision shall be undertaken in such a
manner as to prevent any adverse effects, and to protect, enhance or restore
any of the existing or natural environment, through the preparation of any
storm water management reports, as required by the City. All reports are to be approved by the
General Manager, Planning and Growth Management prior to the commencement of
any Works. |
OTTAWA
Planning CA |
|
76 |
|
The Owner
acknowledges and agrees to monitor
water quality of the stormwater facility in accordance with the Ministry of
Environment Certificate of Approval requirements and as outlined in the
Stormwater Site Management Plan to the satisfaction of the South Nation
Conservation Authority as required, after completion and Acceptance of the
stormwater management facility by the City of Ottawa. |
OTTAWA Planning CA |
|
77 |
|
The Owner acknowledges
and agrees that commencement of any Works within any phase of the Plan of
Subdivision shall not be permitted until such time as the required storm
water management measures have been designed and approved by the City and any
other approval agency, the implementation plan has been approved or the storm
water measures has been constructed to the satisfaction of the General
Manager, Planning and Growth Management. |
OTTAWA
Planning |
|
78 |
|
The Owner acknowledges
and agrees that all proposed residential units shall have their underside of
footing elevations set at a minimum 300 mm above the 1:100 year storm event
water levels in the proposed storm water management ponds or the high ground
water elevation identified in the geotechnical report, whichever level is
greater, or such other level as recommended by a Professional Engineer and
accepted by the General Manager, Planning and Growth Management, in order to
provide an appropriate safeguard against basement flooding. |
OTTAWA
Planning |
|
79 |
|
The Owner shall convey
the required easements to the City, at no cost to the City, over the drainage
channels, including but not limited to all outlet channels. The easements
shall be centered on the drainage channels and shall be to the satisfaction
of the General Manager, Planning and Growth Management. The Owner shall
prepare a reference plan showing such easements plan and such plan must be to
the satisfaction of the General Manager, Planning and Growth Management prior
to registration. |
OTTAWA
Planning |
|
80 |
|
The Owner acknowledges and agrees
that he shall be responsible to protect the two tributaries outlets
identified in the Stormwater Management Report from the subdivision boundary
to the confluence with Gray’s Creek Municipal Drain through the registration
of an easement over such outlet channel(s) or, the petitioning of a municipal
drain or through the registration of a mutual agreement drain. This shall be
prior early servicing agreement, issuance of Building Permits or registration
of the agreement, at no cost to the City and to the satisfaction of the
General Manager of Planning and Growth Management. |
OTTAWA
Planning |
|
81 |
|
The
Owner acknowledges that any construction or alteration activities within a
watercourse or any associated municipal or wetland drains will require a
permit from the South Nation Conservation Authority as required under Ontario
Regulation 170/06 (Regulation of Development, Interference with Wetlands and
Alteration to Shorelines and Watercourses) before commencing any work along
the watercourse. The requirement of a
permit applies equally to works done without a permit before Draft Approval.
|
CA |
|
82 |
|
The Owner acknowledges and agrees to
provide a geomorphic analysis of the outlet channels and demonstrate that the
existing two tributaries outlets and downstream system from the subdivision
to Gray’s Creel Municipal Drain have adequate capacity for all of the
contributing area. |
OTTAWA
Planning |
|
83 |
|
The Owner
acknowledges and agrees to prepare and submit a stormwater management plan
and describe how it is to be implemented in accordance with the current
Stormwater Management Best Management Practices to the satisfaction of the General
Manager, Planning and Growth Management and the South Nation Conservation Authority. The plan should address both water quality
and quantity concerns. The plan should also consider proposed on-lot controls
to reduce the rate of runoff and minimize contaminant transportation. Models,
assumptions and calculations of pre and post development runoff are to be
included with this submission.
|
OTTAWA Planning CA |
|
84 |
|
The Owner
acknowledges that the Grey’s Creek Municipal Drain is subject to the South
Nation Conservation Ontario Regulation 724/94 (South Nation Conservation
Authority Fill, Construction and Alteration to Waterways Regulation). The
Regulation requires that the Owner receive written approval from the South
Nation Conservation Authority before straightening, diverting, and
interfering in any way with the existing channel of the Municipal Drain. Any
application submitted in this regard shall be assessed within the context of
approved policies for the administration of the regulations that are in
effect at the time the application is submitted.
|
CA |
|
85 |
|
Prior to the registration of the Plan of Subdivision, the Owner acknowledges and agrees to
prepare a final single consolidated version of the Terrain Analysis and
Hydrogeological Study under a single cover to the satisfaction of the
General Manager, Planning and Growth Management and the South Nation Conservation Authority. |
OTTAWA
Planning CA |
|
86 |
|
The
Owner acknowledges and agrees to adhere to the City’s requirements for the
management of stormwater runoff in accordance with the “City of Ottawa,
Greely/Shields Creek Stormwater and Drainage Study” report No. 634-00348 prepared
by Stantec Consulting Limited, dated October 2002 and the Shields Creek
SubWatershed Study June 2004.
|
OTTAWA Planning CA |
|
|
|
Grading
|
|
|
87 |
|
The Owner acknowledges and agrees to prepare, as a minimum, plan
and profile, grading and drainage, stormwater management, private services,
details and utility plans and associated calculations and reports to the
satisfaction of the General Manager, Planning and Growth Management. |
OTTAWA
Planning |
|
88 |
|
The Owner acknowledges and agrees to have topographical surveys completed
beyond the boundaries of rear and side yards of lots adjacent the new
proposed lots for the purposes of drainage water control. The surveys shall
be to the satisfaction of the General Manager, Planning and Growth
Management. The Owner shall obtain all necessary access permission to carry
out this work at its cost. |
OTTAWA
Planning |
|
89 |
|
The Owner acknowledges and agrees that this
development shall not interfere with existing drainage patterns for adjacent
lands during construction and after the completion of the development of this
Subdivision. Drainage from the existing adjacent lands must be accommodated
if blocked or affected by this development, to the satisfaction of the
General Manager, Planning and Growth Management. |
|
|
90 |
|
The Owner acknowledges and agrees to submit an
as-built grading plan showing actual ground elevations to geodetic datum at
front, rear and side of houses, driveways at edge of pavement and at garage,
all lot corners, swale inverts, terraces and top and bottom of retaining
walls. The grades must be taken under the supervision of a Professional
Civil Engineer or Ontario Land Surveyor. |
OTTAWA
Planning |
|
91 |
|
The Owner acknowledges and agrees to have a
civil engineer licensed in the Province of Ontario or an Ontario land surveyor
certify the elevation of the top of footings prior to completion of the
foundation walls, and the Owner shall remove said footing if found to be out
by more than 0.1 metre from the approved design grading plan. Said elevation
shall be submitted by the professional civil engineer or Ontario Land
Surveyor to the General Manager, Planning and Growth Management for approval
prior to the completion of the foundation walls. |
|
|
|
|
Fisheries
|
|
|
92 |
|
The Owner acknowledges that the South
Nation Conservation Authority is under a Level 3 Agreement with the
Department of Fisheries and Oceans Canada to screen Works that are in or
beside water. The impacts that any such Works may have on fish habitat,
whether directly adjacent to the site or downstream, will necessitate a
review by the South Nation Conservation Authority and may require approval of
the Department of Fisheries and Oceans Canada. Thia uncludes works already completed
without the South Nation Conservation and Department of Fisheries and Oceans
approvals.
|
CA DFO |
|
93 |
|
The
Owner agrees that no in-stream works will occur within any watercourse or
ditch conveying water between March 15th and July 1st of any given year. |
OTTAWA Planning CA |
|
94 |
|
The Owner agrees that all approvals
and conditions of approval shall be met as required by the South Nation
Conservation, Department of Fisheries and Oceans, and all other Municipal and
Provincial authorities. A copy of all agreements, permits and certificates of
approvals required by the agencies noted above shall be presented to the City
prior to requesting any Building Permits and prior to the City issuing
commence work notifications to begin construction. |
OTTAWA Planning CA |
|
|
|
Unserviced
Lands
|
|
|
95 |
UL1 |
The Owner
agrees that all well construction, including test wells, shall be in
accordance with the recommendations of the approved Hydrogeological and
Terrains Analysis Report, and that certification by a Professional Engineer
or Professional Geoscientist will be provided to South Nation Conservation in
this regard. The Owner shall advise
all prospective lot purchasers, in the agreements of purchase and sale and in
the Deed(s), of these certification requirements. The Owner also agrees that the Subdivision
Agreement with the City of Ottawa will require South Nation Conservation
Authority to indicate satisfaction with the well certification.
|
OTTAWA Planning CA |
|
96 |
UL2 |
The Owner acknowledges and
agrees that the City does not guarantee the quality or quantity of
groundwater. If, at some future date, the quality or the quantity of
groundwater becomes deficient, the City bears no responsibility, financial or
otherwise, to provide solutions to the deficiency, such solutions being the
sole responsibility of the homeowner.
The homeowner is advised to test his/her well on a regular basis for
bacteriological and select chemical parameters (for eg. – nitrate and
chloride). Advice on well maintenance
can be found in the How Well is Your
Well Guide and Water Wells
Best Management Practices Guide, both of which can be obtained from
the City or the Rideau Valley Conservation Landowner Resource Office. The Owner covenants and agrees that it will advise
all prospective lot purchasers in the agreement of purchase and sale and all
Transfers/Deeds of these groundwater concerns. |
OTTAWA
Planning Legal |
|
97 |
UL3 |
The Owner
acknowledges and agrees that if this subdivision is to be phased, each phase
of registration is to contain not more than 40 lots. Prior to the registration of each phase
other than the first phase, the Owner shall submit a performance review of
the operation of wells and private sewage disposal systems in the previous
phase(s) of the development. Such
review shall demonstrate that the previous phase(s) are operating
satisfactorily. The approved Hydrogeological report shall be re-assessed in
light of any new information obtained in the performance review A
Professional Engineer, with experience in hydrogeology, or a Professional
Geoscientist shall prepare the performance review. The final number of lots
required for analysis must be supported in the performance review, but in any
case the performance review shall only be prepared and submitted for review
when a minimum of 50% of the lots in the previous phase have been built and
occupied for not less than one year, and, when requesting the registration of
any phase beyond the second phase, a representative number of lots, to the
satisfaction of the General Manager, Planning and Growth Management, in the
older phases must also be analysed.
Further, the Owner agrees that prior to the registration of each
phase, lots in that phase or any subsequent phase will not be offered for
sale. |
OTTAWA
Planning CA |
|
98 |
|
The Owner acknowledges and agrees that Blocks 41, 42, 44, 45 and 53 will remain undeveloped. No development will take place on these blocks and they will be zoned accordingly. |
|
|
99 |
|
The Owner acknowledges and agrees that development is prohibited on Blocks 41, 42, 44, 45 and 53. Development on these Blocks can only be considered by the City upon completion of a comprehensive Terrain Analysis and Hydrogeological Study demonstrating to the satisfaction of the General Manager, Planning and Growth Management that nitrate dilution and resulting nitrate concentration meet the requirements of MOE Procedure D-5-4 at the downgradient property boundary for this development for the lots created under this subdivision. The Owner further acknowledges and agrees that development on these Blocks can only proceed upon completion of a Servicing Review Study of the operation of the wells and wastewater disposal systems from a minimum of 50% of the lots created under this subdivision occupied for one |
|
|
|
|
year confirming to the satisfaction of the General Manager, Planning and Growth Management that continued development is appropriate and identifying additional requirements. |
|
|
100 |
|
The Owner acknowledges and agrees
that specific wording shall be inserted in the Zoning to ensure that the
maximum allowable impervious area including house and driveway area for each
residential lot in this subdivision shall be limited to the maximum
impervious area of 220 square meters indicated in the dilution calculation
provided in the Hydrogeological and Terrain Analysis. |
OTTAWA
Planning |
|
101 |
|
The Owner acknowledges and agrees that a permit to take water is
required under the Ontario Water Resources Act from the Ministry of
Environment for taking more than 50,000 litres of water a day from any source
including a well. |
|
|
102 |
|
The
Owner shall provide a dedicated monitoring well, at no cost to the City, and to
which the City will have unlimited access by way of a permanent easement
dedication, to monitor groundwater conditions. Where the subdivision has a
number of phases one monitoring well may be required for each phase of
development. The aforementioned easement
shall be to the satisfaction of the City Solicitor and the General Manager,
Planning and Growth Management. |
OTTAWA
Planning |
|
103 |
|
The
Owner agrees that existing wells on the site, including test wells that shall
not be utilized for potable water supply or monitoring in the future, shall
be abandoned in accordance with well regulations (Ontario Water Resources
Act, R.R.O. 1990, Regulation 903, and any subsequent amendments) at no cost
to the City. A certificate of compliance shall be provided in this
regard. |
OTTAWA
Planning |
|
104 |
|
Prior to the registration of the Plan of
Subdivision, the Owner acknowledges
and agrees to prepare a final single consolidated version of the Terrain
Analysis and Hydrogeological Study under a single cover to the satisfaction
of the General Manager, Planning and Growth Management and the South Nation Conservation.
|
OTTAWA
Planning CA |
|
105 |
|
The Owner acknowledges and agrees that an Inhibiting Order will be
placed upon the Subdivision lands, which Inhibiting Order will be lifted on
each Phase by the City after the following: a) approval by the City of all reports mentioned
Condition UL3 demonstrate
that the operation of the wells and private sewage disposal systems in each
Phase, after the first Phase of the development in accordance with all
approval agency regulations; b) Owner’s execution of this Subdivision
Agreement; and c)
payment of all sums required for security and fees for Phase 2
Residential Lands. |
|
|
106 |
|
The Owner shall insert a clause in
all offers of purchase and sale, to notify a prospective purchaser that shall
include the following notification:
“Well construction shall be in accordance with the recommendations of
the approved Hydrogeological and Terrain Analysis Report, prepared by Paterson
Group Inc. Consulting Engineers and certification by a Professional Engineer
or a Professional Geoscientist, licensed in the Province of Ontario, shall be
provided to the City of Ottawa in this regard. All wells shall be certified
in accordance with the Osgoode Well Compliance By-Law 37-98, or as superseded
by any City of Ottawa well inspection program in effect at the time of well
certification. In addition to bacteriological testing, well water shall be
tested for all nitrogen species, sodium and chloride and the results shall be
submitted to the City with the well certification. This certification is
required prior to final inspection by the City to permit occupancy of
buildings.” |
|
|
107 |
|
The Owner acknowledges and agrees to drill all wells to the March
or Nepean aquifer through the limestone formation. The Owner shall ensure
that all such wells are cased a minimum of 40 m to isolate access to only the
lower formations and properly grouted in accordance with Ontario Regulation
903, as amended, and in accordance with Osgoode By-law 37-98. |
|
|
108 |
|
The Owner acknowledges
and agrees to include statements in all offers of purchase and sale
agreements with prospective lot purchasers, in wording acceptable to the
satisfaction of the General Manager, Planning and Growth Management advising
that all wells must be drilled to the lower formations through the limestone
formation and that all such wells must be cased a minimum of 40 m to isolate
access to only the formations and properly grouted in accordance with Ontario
Regulation 903, as amended, and in accordance with Osgoode By-law 37-98. |
|
|
109 |
|
The Owner acknowledges
and agrees to submit a private services plan, prepared by a Civil Engineer
licensed in the Province of Ontario, to the General Manager, Planning and
Growth Management for approval, showing proposed locations for the houses,
sewage disposal systems, wells and drainage easements. This plan will be for
the purpose of subdivision approval only. The exact location of the sewage
disposal systems will be determined at the time of the building permit
application and will be subject to approval by the Ottawa Septic System
Office. Any significant deviation in the location of the sewage disposal
system shall require approval by the General Manager, Planning and Growth
Management. |
OTTAWA
Planning |
|
110 |
|
The homeowner
is advised to regularly inspect the septic system and follow a septic
management program to minimize the potential for contamination of groundwater
by operation of the septic system. The guides entitled
“Septic System Do’s and Don’t” and “Septic Smart Guide” can be obtained from
the Ottawa Septic System Office. The Owner
covenants and agrees that it will advise all prospective lot purchasers in
the agreement of purchase and sale and all Transfers/Deeds of these septic
system requirements. |
|
|
111 |
|
The Owner
acknowledges and agrees that the home water treatment systems utilized for improving home
water quality must be inspected regularly in accordance with the
manufacturer’s recommendation. The Owner
covenants and agrees that it will advise all prospective lot purchasers in
the agreement of purchase and sale and all Transfers/Deeds of these water
treatment requirements. |
|
|
112 |
|
The Owner
acknowledges that the sodium levels in well water may exceed 20 mg/l. The City
Medical Officer of Health recommends that persons with cardiac problems
(hypertension, etc.) discuss this matter with their family physician prior to
accepting an offer of purchase. The Owner covenants and agrees that it will advise
all prospective lot purchasers in the agreement of purchase and sale and all
Transfers/Deeds of these sodium concerns. |
|
|
113 |
|
The Owner
agrees that the design and construction of the sewage treatment facility for
the individual lot shall conform to the recommendations of the approved
Hydrogeological and Terrain Analysis Report.
The Owner covenants and agrees that it will advise all prospective lot
purchasers in the agreement of purchase and sale and all Transfers/Deeds of
these sewage treatment requirements. |
|
|
114 |
|
The Owner
acknowledges and agrees that due to the size of the lot and that the lot will
be serviced with a well and private sewage disposal system, sufficient area
may not be available for the installation of a swimming pool or any accessory
buildings and/or structures. If it is
the Owner’s intention to install a swimming pool or construct or place such
buildings or structures, the area requirements must be considered during the
initial development of the lot to ensure appropriate clearances from the well and the septic system. The Owner covenants and agrees that
it will advise all prospective lot purchasers in the agreement of purchase
and sale and all Transfers/Deeds of these swimming pool and or buildings or
structure concerns. |
|
|
115 |
|
The Owner acknowledges
and agrees that lots shall be made suitable for the installation of sewage
systems prior to or at the building permit stage to the satisfaction of
Ottawa Septic System Office and in conformity with the Ontario Building Code. |
|
|
116 |
|
The Owner acknowledges
and agrees that the septic system design shall be based on an investigation
of each lot in the Subdivision, such investigation is to be prepared by a
qualified professional, to evaluate the suitability of local conditions on
each lot. All septic systems shall be
constructed in accordance with Part 8- (Sewage Systems) of the Ontario
Building Code under the Building
Code Act, and any subsequent amendments. The Owner covenants and agrees that it will
advise all prospective lot purchasers in the agreement of purchase and sale
and all Transfers/Deeds of these septic system requirements. |
|
|
|
|
Hydro
|
|
|
117 |
H1 |
The Owner shall comply with Hydro Ontario’s
Conditions of Service and thus should be consulted for the servicing
terms. The Owner should consult Hydro
Ontario prior to commencing engineering designs to ensure compliance with
these documents. |
|
|
118 |
H3 |
The Owner shall pre-consult with Hydro Ontario any
proposed reduction to the City of Ottawa three-metre minimum standard setback
prior to designing the electrical servicing, as it may affect the electrical
servicing design, timeline for installation and cost. This includes any proposed overhang
encroachment into the 3m-setback space. |
Hydro |
|
119 |
H4 |
The Owner may be required to enter into an Electrical
Servicing Agreement with Hydro Ontario Limited, to the satisfaction of Hydro
Ontario. |
Hydro |
|
120 |
H5 |
The Owner shall contact Hydro Ontario to discuss
electrical servicing for the property.
By Hydro Ontario commenting on this proposal, Hydro Ontario has not
committed to, or approved the electrical servicing of the proposed
development. |
Hydro |
|
121 |
H6 |
The Owner may be responsible for a Capital
Contribution payment(s) towards a distribution system expansion, if the
proposed development requires electrical servicing greater than can be
provided by the existing distribution system in the vicinity, either in
capacity or in extension limit. This
amount shall be in accordance with Hydro Ontario's Contributed Capital Policy
and Conditions of Service. |
Hydro |
|
122 |
H7 |
Hydro Ontario’s standard distribution network is
overhead for any voltage system along or through open fields, business parks,
rural areas, arterial, major collector and collector roads. Any additional premium costs beyond the
standard shall be at the Owner’s cost.
In all instances, electrical distribution above 27kV is via overhead
distribution. |
Hydro |
|
123 |
H8 |
The Owner shall be responsible for servicing the
buildings within the property. Only
one service entrance per property shall be permitted. |
Hydro |
|
124 |
H9 |
The Owner shall convey, at their cost, all required
easements as determined by Hydro Ontario. |
Hydro |
|
125 |
H10 |
Prior to commencement of any construction
activities, the Owner shall inform Hydro Ontario of any acute shock
construction process or rubbelization to be used during construction. The
Owner shall be responsible for any damage to Hydro Ontario distribution
assets. |
Hydro |
|
126 |
H11 |
Hydro Ontario prohibits any change of grade that
results in reduced life expectancy of the asset. Any change in grade of more than 0.3m in
the vicinity of proposed or existing electric utility equipment shall be
reviewed with Hydro Ontario. |
Hydro |
|
127 |
H12 |
The Owner shall be responsible for all costs for
feasible relocations, protection or encasement of any existing Hydro Ontario
plant. |
Hydro |
|
128 |
H13 |
The Owner shall ensure that any landscaping or
surface finishing does not encroach into existing or proposed Hydro Ontario's
overhead or underground assets or easement.
The shrub or tree location and expected growth must be
considered. If any Hydro Ontario
related activity requires the trimming, cutting or removal of vegetation, or
removal of other landscaping or surface finishing, the activity and the
re-instatement shall be at the owner’s expense. |
Hydro |
|
129 |
H15 |
The Owner shall ensure that no permanent structures
are located within the "restricted zone". The "restricted zone" surrounds
overhead medium voltage pole lines, consisting of a five-meter (5m) radial
distance from overhead medium voltage conductors, and a two-meters (2m)
distance from a vertical line drawn from the conductors to ground level
along, the length of the pole line.
This standard complies with the requirements of the Ministry of
Labour’s Occupational Health &
Safety Act, the Building Code and the Ontario Electrical Safety Code. |
Hydro |
|
130 |
H16 |
The Owner and its agents shall arrange for an
underground electricity cable locate by contacting Ontario One Call at
1-800-400-2255, not less than seven (7) working days prior to
excavating. There shall be no
mechanical excavation within 1.5m of any Hydro Ontario underground plant
unless the exact position of plant is determined by hand digging
methods. Direct supervision by Hydro
Ontario forces, and protection or support of the underground assets shall be
at the Owner’s expense. |
Hydro |
|
|
|
Construction |
|
|
131 |
|
The Owner acknowledges and agrees to grade,
landscape and install erosion control measures, at its expense, on any
portion of the proposed lots or adjacent lands in the possession of the Owner
which have been filled or where the natural vegetation has been disturbed
which fill or disturbance, in the opinion of the General Manager, Planning
and Growth Management is creating a nuisance, hazard and/or eyesore. |
|
|
132 |
|
The Owner acknowledges and agrees to the
following conditions to be include in this Agreement: Conditions for Building
Permits
(a) Prior
to placement of Granular, "A" road bedding, the Owner shall acquire
approval of the General Manager,
Planning and Growth Management to ensure that Granular "B"
materials are not contaminated. The above shall also apply prior to placement
of base course asphalt as it relates to approval of the Granular
"A" materials. (b) The
Owner shall not demand that the City issue, nor shall anyone claiming title
from it or under its authority, demand that the City issue, one or more
building permits to construct any building or other structure on any lot or
block on the subdivision lands until:
i.
all roads on the lands have been connected to a Street. ii. access
for fire fighting equipment has been provided to each building by means of a
street or private roadway, which shall be designated and posted to the
satisfaction of the General Manager, Planning and Growth Management and the
Fire Chief. iii. the
access route has been surfaced with concrete, asphalt, or Granular
"A" base capable of permitting accessibility under all climatic
conditions and is continuously maintained so as to be immediately ready for
use by the Emergency and Protective Services Department vehicles or any other
vehicles in the event of an emergency. iv. the City has approved, where applicable, a site
plan, a composite utility plan, a grading plan and a design plan for the
proposed building or structure |
|
|
133 |
|
The Owner
acknowledges and agrees for
each lot the Owner shall submit to the City for approval by the General Manager, Planning and Growth Management, a
detailed site plan / grading plan with any building permit application. The
Owner agrees that no tree in excess of 10 centimetres in diameter can be
removed after construction of the home except for the driveway, septic and
living area. The Owner
covenants and agrees that it will advise all prospective lot purchasers in
the agreement of purchase and sale and all Transfers/Deeds of these tree
retention/conservation plan requirements. |
|
|
134 |
|
The Owner
acknowledges and agrees that the footings of all buildings shall be
constructed above the normal water table to prevent moisture problems in
basements and to minimize the demand on the sump pump system. The Owner covenants and agrees that it will
advise all prospective lot purchasers in the agreement of purchase and sale
and all Transfers/Deeds of these footing requirements. |
|
|
135 |
|
The Owner acknowledges and agrees
that all sump lines must discharge to the roadside ditch and agrees that any
sump lines located in the right of way, between the property line and the
ditch are the sole responsibility of the property owner. In order to avoid
damage to sump discharge lines the line shall either end immediately adjacent
to the culvert or at the property line. |
|
|
136 |
|
The Owner also acknowledges and
agrees that any new foundation drain connections shall have backwater valves.
|
|
|
|
|
Fire Services
|
|
|
137 |
FS1 |
The Owner shall not
demand of the City to issue, nor shall anyone claiming title from it or under
its authority, demand of the City to issue, one or building permits to
construct any building or other structure on any lots or block in the
Subdivision until firebreak lots are designated to the satisfaction of the
City’s Fire Chief.
|
|
|
138 |
|
Prior
to final approval the Owner acknowledges and agrees to design any necessary
on-site provision of a water supply for fire protection to the satisfaction
of Ottawa Fire Services. This shall include the construction of any
facilities, and the provision of any easements or Blocks within the
subdivision. |
Ottawa Fire |
|
139 |
|
The Owner acknowledges and agrees to provide an alternate means of water
supply for approval as required in Section 3.2.5.7 of the Ontario Building
Code. Where no municipal hydrants are
available the Owner will provide alternate means of water supply. |
Ottawa Fire |
|
140 |
|
The Owner acknowledges that the
Ottawa Fire Services shall provide a list of firebreaks for inclusion in the
Subdivision Agreement (where applicable). |
|
|
141 |
|
The Owner acknowledges
and agrees that, where single detached home firebreak lots are required, no
construction is to proceed past the deck stage until the adjacent units are
completed with exterior cladding, windows installed, and roofs shingled. |
|
|
142 |
|
The Owner acknowledges and agrees to
provide and erect or affix, at its expense, such municipal number signs,
illuminated or otherwise, in such locations and in such a size, design and
colour as submitted to and approved by the City’s Fire Chief prior to
occupancy of any building, or part thereof, in the subject development and
that any such numbering shall be visible from the street during both the day
and night. |
|
|
|
|
Utilities
|
|
|
143 |
U1 |
The Owner is hereby advised that prior to commencing
any work within the Draft Plan, the Owner must confirm that sufficient
wire-line communication/telecommunication infrastructure is currently
available to the proposed development to provide
communication/telecommunication service to the proposed development. In the event that such infrastructure is
not available, the Owner is hereby advised that the Owner shall ensure, at no
cost to the City, the connection to and/or extension of the existing
communication/telecommunication infrastructure. The Owner shall be required to demonstrate
to the municipality that sufficient communication/telecommunication
infrastructure facilities are available within the proposed development to
enable, at a minimum, the effective delivery of communication /telecommunication
for emergency management services (i.e. 911 Emergency Services). |
OTTAWA
Planning |
|
144 |
|
The Owner shall prepare a composite utility plan
that allows for the safe installation of utilities, including required
separation between utilities. |
Ottawa Planning |
|
145 |
|
The Owner shall construct streets in accordance with
the utility plan approved by the different utility companies. |
|
|
146 |
|
The Owner shall grade all streets to final elevation
prior to installation of the gas lines and provide Enbridge Gas Distribution
Inc. with the necessary field survey information for the installation of gas
lines. |
|
|
147 |
|
The Owner shall install the natural gas distribution
system within the proposed road allowance.
In the event that this is not possible, easements will be provided at
no cost to Enbridge Gas Distribution Inc. |
|
|
|
|
Lighting |
|
|
148 |
|
The
Owner acknowledges and agrees that all exterior lighting shall be designed
and installed so as not to cause interference with adjacent Roads and
neighbouring properties. |
|
|
149 |
|
The
Owner acknowledges and agrees that marker lighting
shall be used in this development. |
|
|
|
|
Land
Transfers
|
|
|
150 |
LT1 |
The Owner
shall convey, at no cost to the City, all lands required for public purposes,
including but not limited to, reserves, road widenings, daylighting
triangles, walkway blocks, open space blocks, lands required for parks (or
cash-in-lieu thereof) and for storm water measures, to the satisfaction of
the General Manager, Planning and Growth Management. In particular, the Owner
shall convey, at no cost to the City, the following lands: i)
Pathway,
Walkway or Servicing Blocks –
ii)
Open Space Blocks – iii)
Watercourses (buffer strips/riparian
corridors) - iv)
Park
Blocks –
v)
Storm Water Management Blocks – vi)
Road Widening Blocks – vii)
0.3 m Reserve Blocks – viii)
Daylighting Triangles – ix)
Transit Corridors – x)
Wetlands – |
OTTAWA
Planning Legal |
|
151 |
LT2 |
The
Owner shall convey, at no cost to the City, any easements that may be
required for the provision of water and wastewater systems, in addition to
underground or overland stormwater drainage systems to the satisfaction of
the General Manager, Planning and Growth Management. |
OTTAWA
Planning Legal |
|
|
|
Development
Charges By-law
|
|
|
152 |
DC1 |
The
Owner acknowledges that some of the works of the Subdivision are eligible for
development charges revenues pursuant to the City’s applicable Development
Charges By-law and background study, as well as budget approval by City
Council where required. Such contributions are to be determined and agreed to
by the City, prior to the commencement of the associated Works or as agreed
to by the City. The Owner agrees to enter into any agreements that may be
required pursuant to the applicable Development Charges By-law. |
OTTAWA
Planning Legal |
|
153 |
DC2 |
The
Owner shall inform the purchaser after registration of each lot or block of
the development charges that have been paid or which are still applicable to
the lot or block. The applicable
development charges shall be as stated as of the time of the conveyance of
the relevant lot or block and the statement shall be provided at the time of
the conveyance. The statement of the
Owner of the applicable development charges shall also contain the statement
that the development charges are subject to changes in accordance with the Development
Charges Act, 1997 and the Education Development Charges Act. |
OTTAWA
Planning Legal |
|
154 |
DC3 |
The Owner
acknowledges and agrees to enter into any front-ending agreements with the
City of Ottawa for (specify the works) that are anticipated to be required in
advance of the time as approved by Council. The City shall repay the Owner
for the cost of works as noted herein in accordance with the approved
Front-Ending Policy of the City’s Development Charge By-law, and subject to
budget approval of the required expenditure by City Council in the year in
which it is approved. |
OTTAWA
Planning Legal |
|
155 |
DC4 |
The
Owner acknowledges that for building permits issued after January 15, 2010,
payment of non-residential development charges, excluding development charges
for institutional developments, may be calculated in two installments at the
option of the Owner, such option to be exercised by the Owner at the time of
the application for the building permit. The non-discounted portion of
the development charge shall be paid at the time of issuance of the building
permit and the discounted portion of the development charge shall be payable
a maximum of two years from the date of issuance of the initial building
permit subject to the following conditions: (a)
a
written acknowledgement from the Owner of the obligation to pay the
discounted portion of the development charges; |
OTTAWA
Planning Legal |
|
|
|
(b)
no
reduction in the Letter of Credit below the amount of the outstanding
discounted development charges; and (c)
indexing
of the development charges in accordance with the provisions of the
Development Charges By-law. The Owner further
acknowledges that Council may terminate the eligibility for this two stage
payment at any time without notice, including for the lands subject to this
agreement and including for a building permit for which an application has
been filed but not yet issued. For the purposes of this
provision, “discounted portion” means the costs of eligible services,
except fire, police and engineered services that are subject to 90% cost
recovery of growth-related net capital costs for purposes of funding from
development charges. The 10% discounted portion, for applicable
services, must be financed from non-development charge revenue sources. “Non-discounted
portion” means the costs of eligible services, fire, police and engineered services
that are subject to 100% cost recovery of growth-related net capital costs
for purposes of funding from development charges. |
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Survey
Requirements
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|
|
156 |
Surv1 |
The Owner
shall provide the final plan intended for registration in a digital format
that is compatible with the City’s computerized system. |
OTTAWA
Planning |
|
157 |
Surv2 |
The
Plan of Subdivision shall be referenced to the Horizontal Control Network in
accordance with the City requirements and guidelines for referencing legal
surveys. |
OTTAWA
Surveys |
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Closing
Conditions
|
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|
158 |
C1 |
The City
Subdivision Agreement shall state that the conditions run with the land and
are binding on the Owner's, heirs, successors and assigns. |
OTTAWA Legal |
|
159 |
C2 Bill 163 and
20 |
At any
time prior to final approval of this plan for registration, the City may, in
accordance with Section 51 (44) of the Planning Act, amend, delete or
add to the conditions and this may include the need for amended or new studies. |
OTTAWA Legal |
|
160 |
C3 |
Prior
to registration of the Plan of Subdivision, the City is to be satisfied that
conditions (specify) have been fulfilled. |
OTTAWA
Planning |
|
161 |
C4 |
The Owner
covenants and agrees that should damage be caused to any of the Works in this
Subdivision by any action or lack of any action whatsoever on its part, the
General Manager, Planning and Growth Management may serve notice to the Owner
to have the damage repaired and if such notification is without effect for a
period of two full days after such notice, the General Manager, Planning and
Growth Management may cause the damage to be repaired and shall recover the
costs of the repair plus the Management Fee |
OTTAWA
Planning |
|
162 |
C5 Bill 163
and 20 |
If the
Plan(s) of Subdivision has not been registered by (a date at least three
years after the date of draft approval will be inserted later), the draft
approval shall lapse pursuant to Section 51 (32) of the Planning Act. Extensions may only be granted under the
provisions of Section 51 (33) of said Planning Act prior to the
lapsing date. |
OTTAWA Planning |
NOVEMBER 2010 DRAFT PLAN PROPOSED BY APPLICANT DOCUMENT 2
RVCA COMMENTS DOCUMENT
3
STANTEC COMMENTS DOCUMENT 4
CRA COMMENTS DOCUMENT
5
