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5. AMENDMENT TO THE STANDARD SUBDIVISION AGREEMENT
–SCHEDULE OF WORKS MODIFICATION À L’ACCORD
STANDARD DE LOTISSEMENT – CALENDRIER DES TRAVAUX |
Committee recommendation
That Council
approve the amendments to the
Schedule of Works in the Standard Subdivision Agreement as shown in Document 1.
Recommandation du comité
Que le Conseil approuve les modifications
apportées au calendrier des travaux dans l’accord standard de lotissement,
comme le montre le document 1.
Documentation
1.
Deputy
City Manager's report, Infrastructure
Services and Community Sustainability, dated 11 February 2011 (ACS2011-ICS-PGM-0062)
and Council / et au Conseil
11 February 2011 / le 11 février 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 : John L. Moser, General Manager,
Planning and Growth Management Department/Directeur général, Infrastructure et
Viabilité des collectivités
(613) 580-2424 ext. 28869, john.moser@ottawa.ca
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Ref N°: ACS2011-ICS-PGM-0062 |
SUBJECT:
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AMENDMENT TO THE STANDARD SUBDIVISION AGREEMENT –SCHEDULE
OF WORKS |
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OBJET :
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MODIFICATION à l’ACCORD STANDARD DE
LOTISSEMENT – CALENDRIER DES TRAVAUX |
That Planning Committee recommend Council
approve the amendments to the Schedule of Works in the Standard Subdivision Agreement
as shown in Document 1.
Que le Comité de
l’urbanisme recommande au Conseil d’approuver les modifications apportées au
calendrier des travaux dans l’accord standard de lotissement, comme le montre
le document 1.
In the 2007 Audit of the Development Review Process, the
Auditor-General recommended that the City establish development agreement
compliance targets for the installation of infrastructure such as
streetlighting, sidewalks, and parks in developing communities.
Timelines for the installation of works are set out in Section 4.2 of
the Subdivision Agreement, known as the “Schedule of Works.”
In accordance with the Auditor-General’s recommendations, and as a
Service Excellence initiative, the Planning and Growth Management Department
consulted extensively with the development industry and other City departments
in the development of a revised Schedule of Work that establishes clear and
enforceable timelines for the installation of infrastructure.
The purpose of this report is to seek approval from Council to
implement these new conditions in future Plans of Subdivision.
In the 2007 Audit of the Development Review Process, the
Auditor-General recommended the following:
Recommendation 8: That the City
implement and enforce new development agreement timing/compliance targets for
streetlights, sidewalks and parks. The
City should also impose park provision timing/compliance targets upon itself,
as was the case when developers were responsible for supplying parks as per
past development agreements.
Recommendation 9: That the City
design development agreement absorption targets for sidewalks, streetlights and
parks that move forward in stages within a given subdivision – for instance,
once 50% of lots are sold then all sidewalks in blocks featuring five or more
sold units must be installed within a certain amount of time.
Recommendation 10: That the
City design and implement small/medium/large subdivision bundles of development
agreement timing targets for amenities like sidewalks, streetlights, parks and
sod. This will avoid an arbitrary “one
size fits all” single set of targets being applied to differing servicing and
amenities realities across diverse subdivisions.
To address the timing of the construction of new parks, staff met
separately with a stakeholder group and brought forward three reports recently
to Council, that revised the development charge rate for parks
(ACS2011-ICS-PGM-0041), revised the subdivision conditions for parks
(ACS2011-ICS-PGM-0042), and a revised Park and Trail Front-Ending Policy
(ACS2011-ICS-PGM-0040). Together these three reports provide for a new approach
to delivering the parks program, provide financial sustainability to the
program, and will improve construction timelines.
The notion of absorption targets (e.g. at 50 per cent build out) was
analyzed using a best practice review of other Ontario municipalities and
former municipalities in Ottawa-Carleton. Ultimately it was determined that targets
based on units sold are problematic due to construction staging. General
practice is to install sidewalks after units are constructed and the road is rough
graded to avoid damaging the sidewalk during construction of the home. This also ensures that the sidewalk is
constructed at the proper elevation to avoid drainage problems. It follows that
a sidewalk should be installed when the need arises, not based on sales. That
way, the City is not responsible for maintaining a sidewalk that is not required.
Streetlights must also be staged such that they are coordinated with the
construction of other utilities to avoid construction issues. The same would
generally apply to home sales and placement of streetlights.
However to meet the intent of the Auditor-General’s report and to
improve the timelines associated with the installation of infrastructure, staff
is recommending the implementation of more stringent timelines to complete the
work, coupled with a renewed focus on enforcement. These timelines have been
reviewed extensively with the development industry so as to ensure that they
are achievable on the basis of availability of materials, construction
techniques, weather patterns in Ottawa, and flexibility.
The most notable changes, as identified in Document 1 are as follows:
·
Where
previously base course asphalt was to be constructed within six months of the
completion of the granular road base, it will now be required within 60 days of
the completion of the granular road base. Certain exemptions have been
established in consideration of weather patterns.
·
Where
previously streetlights had to be installed and operational within 12 months of
base course asphalt, the installation of street lights on a road shall now be
completed within 90 days after the road has been constructed to a level of base
course asphalt. Street lights will have to be operational 30 days later,
subject to the hydro for the street lights being energized.
·
Where
previously walkways and pathways had to be constructed no later than such time
as 50 per cent of the lots in the subdivision have been developed, now the
curb, sidewalks, pathways, paved driveways, road boulevard, lot sodding and
tree planting associated with the lot/Block must be completed within 18 months
after the date that the Building Code Services Branch inspects and approves the
footing installation related to a residential building permit issued for a lot
or Block. Mandatory caveats have been put in place if 75 per cent of the
lots have been developed fronting onto a Road.
·
New
provisions for the installation of noise mitigation measures are proposed.
Unless directed otherwise by the General Manager, Planning and Growth
Management Department, all noise mitigation measures required for lots under
construction or completed abutting a road shall be constructed within 90 days
after the road has been constructed to base course asphalt.
Following
the establishment of new proposed Standard Subdivision conditions, staff have
reviewed with Financial Services mechanisms to ensure that deficient works
(e.g. missing sidewalk pieces or trees) are completed in a timely fashion. The
Department’s expectation is that the timelines are to be followed by the
development industry, but that they are also to be enforced after reasonable
measures are undertaken, and in consideration of the weather and availability
of materials.
In past
experience minor deficient works identified either by Development Inspections
staff, by residents, or by a Councillor’s office, have been difficult to
rectify in a timely fashion due to the process which is required to release
securities and then hire the appropriate contractor. Internal processes have
been reviewed with Supply Management and new protocols have been put in place
to ensure that enforcement, when required, will be available to Development
Inspections staff.
The proposed revised standards Terms of Conditions will apply equally to Plan of Subdivision agreements in the rural and urban area. Changes to the Privately Serviced Agreement, which applies primarily in the rural area, are noted in Document 1.
The Planning and Growth Management Department and Legal Services held several meetings with representatives of the development industry in the preparation of the revised Plan of Subdivision conditions.
Pursuant to section 51 of the Planning Act which deals with subdivisions, the City may require the applicant to enter into agreements with the municipality to deal with matters the approval authority considers necessary. Approval of this report is consistent with the authority in the Planning Act and the approval authority currently delegated to staff.
This policy contributes to achieving the following objectives of the City's Strategic Plan
Planning and Growth Management
Objective 1: Manage growth and create sustainable communities by:
• Ensuring that community facilities are built in tandem with new development
• Evaluating the impact of policy and development decisions on communities
N/A
There are no financial implications related to this report.
Securities obtained through development agreements will be used to cover
infrastructure deficiencies if not undertaken by the developer.
Document 1 Proposed Amended Standards Terms and Conditions for Plan of Subdivision
Planning and Growth Management will amend the Standard Terms of Conditions for Plan of Subdivision to be used in future agreements.
PROPOSED
AMENDMENT TO THE STANDARD SUBDIVISION
AGREEMENT
–SCHEDULE OF WORKS DOCUMENT 1
STANDARD SUBDIVISION AGREEMENT –
PRIVATELY SERVICED LANDS
add the following definition:
“ROUGH
GRADING” means the placing
and shaping of earth and fill to an elevation 100mm below the finished
elevations as defined on the approved Grading and Drainage Plan.
4.2 Schedule of Works
Unless otherwise
approved by the General Manager, Planning and Growth Management, the
Owner agrees that:
(a)
Construction
of Granular road base, ditches and culverts may commence following issuance of
a Commence Work Notification and shall be completed no later than six (6)
months after commencement of such construction;
(b)
Base
course asphalt shall be constructed within sixty (60) days of the completion of
the granular road base, except after November 1, in which case the base course
asphalt must be completed by July 31 of the following year;
(d)
Wear
course asphalt shall be installed no earlier than one (1) year from the time of
Preliminary Approval of the base course asphalt or when seventy-five per cent
(75%) of the lots fronting onto the Road have been developed, whichever event
first occurs;
(e)
Under-pavement
ducts shall be installed prior to placement of base course asphalt where
possible, but prior to the placement of wear course asphalt, or shall be
installed by trenchless methods if approved by the General Manager, Planning
and Growth Management;
(f)
Prior to
the installation of street lights on a Road, the Composite Utility Plan for the
Road must be approved by the General Manager, Planning and Growth Management
Department. The installation of street lights on a Road shall be completed
within 90 days after the Road has been constructed to a level of base course
asphalt. The street lights on a Road shall be operational within one hundred
and twenty (120) days after the Road has been constructed to the level of base
course asphalt, subject to energizing of the streetlights;
(g)
All
temporary regulatory traffic signage shall be provided and installed by the
Owner prior to the commencement of any building or the erection of any
structure in accordance with City Specifications or Standards;
(h)
All
permanent regulatory traffic signage shall be installed by the City prior to
Final Acceptance of the Subdivision and in accordance with City Specifications
or Standards, to the satisfaction the General Manager, Planning and Growth
Management;
(i)
All
temporary street name signs shall be provided and installed by the Owner prior
to commencement of any building or the erection of any structure in accordance
with the Private Roadways By-law for private roads and in accordance with the
Municipal Addressing By-law for Roads;
(j)
During
construction, and for the duration of construction and prior to occupancy of
any buildings, or part thereof, in the Subdivision, the Owner shall provide and
erect or affix, at its expense, temporary municipal number signs, including
blade signs (911 signs) in such locations and of such size, design and colour
in accordance with the Private Roadways By-law for private roads, and in
accordance with the Municipal Addressing By-law for Roads;
(k)
Immediately
prior to occupancy of any buildings or part thereof in the Subdivision, the
Owner shall erect or affix, at its expense, permanent municipal number signs,
including blade signs (911 signs) in such locations and of such size, design
and colour in accordance with the Private Roadways By-law for private roads,
and in accordance with the Municipal Addressing By-law for Roads;
(l)
The
rough grading of a Lot or Block intended for residential development must be
completed within one hundred and eighty (180) days from the date of the
issuance of the building permit for that Lot or Block, to the satisfaction of
the General Manager, Planning and Growth Management Department;
(m)
The
following Works must be completed within eighteen (18) months after the date
that the Building Code Services Branch inspects and approves the footing
installation related to a residential
building permit issued for a lot or Block:
1.
The
curb, sidewalks or pathways on the road that front or abut the lot/Block;
2.
The
paved driveway(s) to the lot/Block:
3.
The road
boulevard and lot sodding associated with the lot/Block;
4.
The tree
planting associated with the lot/Block
(n)
Despite
(m), at such time that 75% of the lots fronting onto a Road have been
developed, then all curb, sidewalk, pathways, and sodding associated that Road
are to be completed, except in those cases where the development threshold is
reached between November 1 and May 1, in which case the works must be completed
by July 31;
(o)
Sidewalks
and pathways abutting the frontages of park and/or school blocks shall be
constructed in conjunction with the development of the park and/or school
unless otherwise directed by the General Manager, Planning and Growth
Management Department;
(p)
Landscape
buffer/screening shall be constructed prior to occupancy of a unit situated on
the lot or block abutting the Road where buffers/screening are required;
(q)
Unless directed
otherwise by the General Manager, Planning and Growth Management Department,
all noise mitigation measures required for lots under construction or completed
abutting a Road shall be constructed within 90 days after the Road has been
constructed to base course asphalt. Where noise mitigation measures are
required on a lot adjacent to a future road, railway, or stationary noise
source, the noise mitigation shall be constructed within one hundred and twenty
(120) days from the date of the footing installation for the impacted lot;
(r)
Notwithstanding
the provisions of this Agreement with respect to time of completion of certain
portions of the Works, it is understood that the time limits shall all read
“weather permitting”. The General
Manager, Planning and Growth Management shall be the sole authority as to the
determination of weather conditions negatively impacting the time to complete
the Works, and additional time, if any, required to complete the Works;
(s)
The
General Manager, Planning and Growth Management may apply the most current City
Specifications or Standards to all Works not completed within five years of the
date of registration of this Agreement.
STANDARD SUBDIVISION AGREEMENT – SERVICED
LANDS
add the following definition:
“ROUGH
GRADING” means the placing
and shaping of earth and fill to an elevation 100mm below the finished
elevations as defined on the approved Grading and Drainage Plan.
4.2 Schedule of Works
Unless
otherwise approved by the General Manager, Planning and Growth Management, the
Owner
agrees that:
(a)
All
underground services within the Plan of Subdivision, including service
connections, shall be installed within twenty-four (24) months of the date of
registration of the Plan of Subdivision.
Underground services required to serve land
outside the Subdivision shall be installed within twenty-four (24) months of the
issuance of the Commence Work Notification for the phase under consideration.
(b)
Granular
road base construction may commence immediately following the completion of the
underground Works and shall be completed no later than six (6) months after
Preliminary Approval of the underground services;
(c)
Base
course asphalt shall be constructed within sixty (60) days of the completion of
the granular road base, except after November 1, in which case the base course
asphalt must be completed by July 31 of the following year;
(d)
Wear
course asphalt shall not be installed any earlier than one (1) year from the
time of Preliminary Approval of the base course asphalt or until such time as
seventy-five per cent (75%) of the lots fronting onto the Road have been
developed;
(e)
Under-pavement
ducts shall be installed prior to placement of base course asphalt where
possible, but where not possible prior to the placement of wear course asphalt,
or shall be installed by trenchless methods if approved by the General Manager,
Planning and Growth Management;
(f)
Prior to
the installation of street lights on a Road, the Composite Utility Plan for the
Road must be approved by the General Manager, Planning and Growth Management
Department. The installation of street lights on a Road shall be completed
within 90 days after the Road has been constructed to a level of base course
asphalt. The street lights on a Road shall be operational within one hundred and
twenty (120) days after the Road has been constructed to the level of base
course asphalt, subject to the energizing of the streetlights;
(g)
All
temporary regulatory traffic signage shall be provided and installed by the
Owner prior to the commencement of any building or the erection of any
structure in accordance with City Specifications or Standards;
(h)
All
permanent regulatory traffic signage shall be installed by the City prior to
Final Acceptance of the Subdivision and in accordance with City Specifications
or Standards, to the satisfaction the General Manager, Planning and Growth
Management;
(i)
All
temporary street name signs shall be provided and installed by the Owner prior
to commencement of any building or the erection of any structure in accordance
with the Private Roadways By-law for private roads and in accordance with the
Municipal Addressing By-law for Roads;
(j)
During
construction, and for the duration of construction and prior to occupancy of
any buildings, or part thereof, in the Subdivision, the Owner shall provide and
erect or affix, at its expense, temporary municipal number signs, including
blade signs (911 signs) in such locations and of such size, design and
colour in accordance with the Private Roadways By-law for private roads, and in
accordance with the Municipal Addressing By-law for Roads;
(k)
Immediately
prior to occupancy of any buildings or part thereof in the Subdivision, the
Owner shall erect or affix, at its expense, permanent municipal number signs,
including blade signs (911 signs) in such locations and of such size, design
and colour in accordance with the Private Roadways By-law for private roads,
and in accordance with the Municipal Addressing By-law for Roads;
(l)
The
rough grading of a Lot or Block intended for residential development must be completed
within one hundred and eighty (180) days from the date of the issuance of the
building permit for that Lot or Block, to the satisfaction of the General
Manager, Planning and Growth Management Department;
(m) The following works must be completed within
eighteen (18) months after the date that the Building Code Services Branch
inspects and approves the footing installation related to a residential building permit issued for a lot
or Block:
1.
The
curb, sidewalks or pathways on the road that front or abut the lot/Block;
2.
The
paved driveway(s) to the lot/Block:
3.
The road
boulevard and lot sodding associated with the lot/Block;
4.
The tree
planting associated with the lot/Block;
(n)
Despite
(m), when 75% of the lots fronting onto a Road have been developed, all curb,
sidewalk, pathways, and sodding associated that Road shall be completed, except
in those cases where the development threshold is reached between November 1
and May 1, in which case the works must be completed by July 31;
(o)
Sidewalks
and pathways abutting the frontages of park and/or school blocks shall be
constructed in conjunction with the development of the park and/or school
unless otherwise directed by the General Manager, Planning and Growth
Management Department;
(p)
Landscape
buffer/screening on the lot or block shall be constructed prior to occupancy of
a unit situated on the lot or block abutting the Road where such
buffers/screening are required;
(q)
Unless
directed otherwise by the General Manager, Planning and Growth Management
Department, all noise mitigation measures required for lots under construction
or completed abutting a Road shall be constructed within 90 days after the Road
has been constructed to base course asphalt. Where noise mitigation measures
are required on a lot adjacent to a future road, railway, or stationary noise
source, the noise mitigation shall be constructed within one hundred and twenty
(120) days from the date of the footing installation for the impacted lot;
(r)
Notwithstanding
the provisions of this Agreement with respect to time of completion of certain
portions of the Works, it is understood that the time limits shall all read
“weather permitting”. The General
Manager, Planning and Growth Management shall be the sole authority as to the
determination of weather conditions negatively impacting the time to complete
the Works, and additional time, if any, required to complete the Works;
(s)
The
General Manager, Planning and Growth Management may apply the most current City
Specifications or Standards to all Works not completed within five years of the
date of registration of this Agreement.