HomeMy WebLinkAbout06 133 Hunter's Ridge SubDiv
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 - 133
BEING A BY -LAW TO AUTHORIZE THE EXECUTION OF A SUBDIVISION
AGREEMENT WITH 2061514 ONTARIO INC. CONCERNING ALL OF BLOCK
B, REGISTERED PLAN M-35 AND PART PARK LOT 4, WEST OF SAUGEEN
& GODERICH OR HURON ROAD, MUNICIPALITY OF KINCARDINE
(Hunter's Ridge Subdivision)
WHEREAS Section 51 (26) of the Planning Act 1990, Chapter 13 authorizes
municipalities to enter into Subdivision Agreements as a condition to the approval
of a plan of subdivision;
AND WHEREAS Sections 8 and 9 of the Municipal Act, 2001, S.O. 2001, c.25,
as amended, provides municipalities with the powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act and
to enable municipalities to govern affairs as they consider appropriate;
AND WHEREAS the Council for the Municipality of Kincardine deems it
advisable to enter into a Subdivision Agreement with 2061514 Ontario Inc.;
NOW THEREFORE the Council for the Municipality of Kincardine ENACTS as
follows:
1.
That the Municipality of Kincardine enter into a Subdivision Agreement
with 2061514 Ontario Inc. to ensure appropriate development of those
lands described as All of Block B, Registered Plan M-35 and part Park Lot
4, West of Saugeen and Goderich or Huron Road, Municipality of
Kincardine, being more particularly described in the Subdivision
Agreement attached to this by-law as Schedule "A".
. 2. That the Mayor and Chief Administrative Officer be authorized to sign, on
behalf of the Municipality of Kincardine the Subdivision Agreement with
2061514 Ontario Inc., attached to this By-Jaw as Schedule "A".
3. This By-law takes effect from the date of passage by Council and comes
into force and effect pursuant to the provisions of the said Planning Act.
4. This by-law may be cited as the "Hunter's Ridge Subdivision By-law"
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 2nd day
of August 2006.
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No. ~ passed the ~ da.r
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CORPORATION OF THE MUNICIPALITY OF KINCARDINE
SUBDIVISION AGREEMENT
RESIDENTIAL DEVELOPMENT ON FULL MUNICIPAL SERVICES
SUBDIVISION AGREEMENT
FOR
HUNTER'S RIDGE SUBDMSION
between
"2061514 Ontario Inc."
. and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Dated ,;¿ ~.Å '1 Á .Œ006
The Corporation of the Municipality of Kincardine
1475 Concession 5, R. R. 5
Kincardine. Ontario
N2Z 2X6
F:\wp\89062\06July26-89062 Agreement.doc
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
INDEX
Section 1 - Interpretation................................"'.......................""......................................................2
1.1 Definitions............... .... .................................................................................................2
1.2 List of Schedules............................................................................ ..............................3
Section 2. - Order of Proced.ure.....................................................................................................3
Section 3 - Installation of Serviœs................................................................................................5
3.1 General............. ............................... .............................................................................. 5
3.2 Municipality's Legal and Engineering Costs........................................................ .......5
3.3 Developer' s Engineer...................................................................................................5
3 .4 Works to be Installed .............. ....... ........................................... ............................... ....6
3.5 Approval of Plans ........................................................................................................ 6
3.6 Notification of COmmencement............................................................. ......................6
3.7 Progress of Works............ ............................................................ ....... .........................6
3.8 Scheduling of Works.................................................................... ............ ....................7
3.9 Contractor ........................ .... ........................................................................................ 7
3.10 Utility Costs and Charges ............................................................................................ 7
3.11 Access Roads.. .......... ............. ............................................. .............. ...........................7
3.12 Movement of Fill ......... ................................................................................. ....... ........ 7
3.13 Damage to Existing Plant......................................................................... ....................8
3.14 Signs............................................... ..............................................................................8
3 .15 Testing.......................................................................................................................... 8
3.16 Erosion and Silting Control.........................................................................................8
3.17 Emergency Access .......................................... ............. ................................................8
3.18 Construction Refuse and Weeds .................................................. ................................8
3.19 Dust Control.................................................................................................-................ 9
3.20 Street Names............. ........................................................................................ ...........9
3.21 Municipal Street NUIl1bers .... .... ......................................................... ........................ ..9
3.22 Blasting ............................... .,..................................................................................... ...9
3.23 Driveways................................................... ................................................................. 9
3.24 COntanrinants ............. ............. ..........:...... .............................. ........ ...... ......................1 0
Section 4 - Acceptance of W orks ................................................................................................10
4.1 Stages of Construction and Services .............................. ....... ........ .................. ...........1 0
4.2 Inspection and Acceptance of the Works................................................................... 1 0
4.3 Final Acceptance of the Works..................................................................................10
4.4 Acceptarice During Winter Months ...........................................................................11
4.5 Use ofW orks by Municipality...................................................................................11
4.6 Replacement of Survey Bars........................................ ................. .............................11
4.7 Ownership of Services ........... .................................. ......... ....... ................... ...............11
Section 5 - Maintenance of W orb ..............................................................................................11
5.1 Maintenance of Works ............................................................................... ................11
5.2 Road Maintenance ..................................... ........................................ ....................... .12
5.3 Emergency Repairs..... ...... ............. ..... ............................................ .......................... .12
Section 6 - Drainage and Lan.dseape DesigD. ............................................................................12
6.1 Drainage.. ...... ................................................... .................. ....... .................................12
6.2 Preservation of Trees ................ ................................................................................ .12
6.3 !..ots Unsuitable for Building .....................................................................~...............13
6.4 !..ot Grading..................................... .......................................................................... .13
6.5 Maintenance of!..ot Grading .................................................... ........................ ..........15
Index (cont' d)
Section 7 - Lands to be Conveyed..............................................................................................15
7.1 Lands for Municipal Purposes ...................................................................................15
7.2 Easements ................ ................. ........................................ ........................................ .15
7.3 Turning Circles ....................................... ..........................................:.......... ..............15
Section 8 - Administration .........................................................................................................16
8.1 Voiding Agreement........................... ............................. .............. ......... .....................16
8.2 Developer's Expense ............... ....... ..................... ........ ..............................................16
8.3 Phasing.......................... ........................................ ................................................... ..16
8.4 Developer's Liabilities..................................................................................... ......... .16
8.5 Insurance............. ........ .............................:........................................... ......................17
8.6 Legal Notice to Developer .........................................................................................17
8.7 Registration.............................................. ................................................;.... .............1 7
8.8 MortgageslEncumbrances..........................................................................................l 7
8.9 Requirements for Building Pernúts ...........................................................................17
8.10 Requirements for Occupancy.....................................................................................18
8.11 Special Building Perm.itsIModel Homes.................................................................... 19
8.12 Right to Enter into an Agreement ..............................................................................19
8.13 Successors and Assigns........ .......... ............................ .................................... ............19
8.14 Notification to Purchaser ......... .................................................. ................. ...............19
8.15 Scheduling, Progress and Completion .......................................................................20
8.16 No Municipal Liability ................................ ....... ....... .............................................. ..20
8.1 7 Assignment ..................................................................................... .......................... .20
8.18 Conflict .............................................................................................. ....................... .20
8.19 Severability ........................................................ ........................................................ .20
8.20 AmendInent..................................... .......................................................................... .20
8.21 Further Assurances.................................................................................................... .21
8.22 Joint and Several.......... ...... .......... ....................... .................................. .....................21
Section 9 - Fin.aD.cial Provisions.................................................................................................21
9.1 Development Charges, Drainage and Local Improvement Charges..........................21
9.2 Securities.................................................................................................................. ..21
9.3 Reduction of Securities ... ...... ............................................. ....................... .................22
9.4 Statutory Declaration of Accounts Paid.....................................................................22
9.5 Construction Lien Act..................................... ....... ................................................... .23
9.6 Partial Release................................,................. ......................................................... .23
Section 10 - Special Provisions
- See Sehed.ule "M" ...................................................................................................23
SeetioD 11 - SigJIatu.res ................................................................................................................24
Index (cont' d)
LIST OF SCHEDULES
Schedule "A" - Description of Lands Being Subdivided..........................................................25
Schedule "B" - Plan of Subdivision........................... ......................................................:....... .26
Schedule "C" - Municipal Servicing Standards .......... ........ ........................................... ...........27
Schedule "D" - Checldist of Works to be Constructed .............................................................39
Schedule "E" - Itemized Estimate of Costs ofConstroction of Each Part of the Works..........40
Schedule "F' - List of Lots Unsuitable for Building Pwposes ................................................41
Schedule "0" -- Owner's Final Grading Certificate...................................................................42
Schedule "H" - List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality............................................................... ......... .................. .43
Schedule "f' -- No Occupancy Agreenlent...............................................................................44
Schedule "]" - Application for Reduction of Secwity.............................................................45
Schedule uK" - FOITD of Partial Release.................................................... ................................46
Schedule "L"
Conditions of Draft Approval............................. ..... ......................... ...............47
Schedule "M" - Special Provisions ............................................. ........................................... ....53
MUNICIPALITY OF KINCARDINE
SUBDMSION AGREEMENT
THIS AGREEMENT made in· triplicate on the
day of
,2006_A.D.
BETWEEN:
2061514 ONTARIO INC.
hereinafter called the "Developer" of the FIRST PART
- and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality" of the SECOND PART
WHEREAS the Developer is the owner of the Land described in Schedule "A" to. this
Subdivision Agreement (hereinafter called the "Agreement") and proposes to subdivide it for the
purpose of selling, conveying, or leasing it in lots, by reference to a Registered Plan of
Subdivision.
AND WHEREAS the Developer declares that it is the registered owner of the lands and has
applied to the COWlty of Bruce (hereinafter called the "County), for approval of a Plan of
Subdivision (hereinafter called the "Plan"), which is annexed hereto as Schedule "B" to this
Agreement.
AND WHEREAS the Municipality has been authorized by the COWlty to require the Developer
to agree to cons1ruct and install certain municipal services as hereinafter provided and herein
referred to as the "Works" set out in Schedule "D" and to make financial arrangements with the
Municipality for the installation and construction of required services before final approval of the
Plan by the County.
AND WHEREAS the Developer is required to dedicate for public pwposes certain portions of
the Lands or make a cash payment to the Municipality in lieu of dedicating such land.
AND WHEREAS the word "Developer" where used in this Agreement includes an individual,
an Association, a Partnership, or a Corporation and wherever the singular is used herein, it shall
be construed as including the plural.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other good
and valuable consideration and the swn of One Dollar ($1.00) of lawful money of Canada, now
paid by each of the parties hereto to each of the other parties hereto, (the receipt whereof is
hereby acknowledged), the parties hereto hereby covenant, promise and agree with each other as
follows:
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SECTION 1- INTERPRETATION
1.1 ))efûœitiol1s
The terms defined in this Section 1.1 shall have the following meanings unless the context
expressly or by necessary implication otherwise requires:
"Agreement" means this Agreement titled "Subdivision Agreement".
"Business Day" means any day that is not a Saturday, Sunday or statutory holiday in the
Province of Ontario.
"Certificate of Final Acceptance" means the certificate issued by the Municipality after
satisfaction of the conditions identified in Section 4.3.
"Certificate of Inspection Re: Readiness for Occupancy" meanS the certificate issued by the
Municipality after satisfaction of the conditions identified in Section 8.10.
"Certificate of Preliminary Acceptance" means the certificate issued by the Municipality after
. satisfaction of the conditions identified in Section 4.2.
"Chief Administrative Officer (CAO)" means the Chief Administrative Officer or delegate for
the Municipality of Kincardine.
"Chief Bullding Official (CBO)" means the CmefBuilding Official or designate for the
Mwricipality of Kincardine.
"Conservation Authority" means the Saugeen Valley Conservation Authority and its
successors and assigns. .
"Couø.ty" means the County of Bruce and its successors and assigns.
"DamageILot Grading Deposit" means the amount of $2,500.00 per lot or block shall be paid
by the Developer or Owner to the Municipality by way of cash or letter of credit as described in
Section 8.9 of this Agreement.
"Developer" means, collectively, 2061514 Ontario Inc. and their respective successors and
assigns.
"Land" means the real property which is the subject of the Plan, the legal description of which is
attached as Schedule "A".
"Municipality" means the COIpOration of the Municipality of Kincardine, and its successors and
assigns.
"Owner" means the Owner of a lot or block and may include the "Developer".
"Plan" means the plan of subdivision relating to the Land, a draft copy of which is attached as
Schedule "B".
"Public Works Manager" means the Public Works Manager or his designate for the
Municipality of Kincardine.
"Works" means the works and services described in Schedule "D".
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1.2 List of Schedules
The following schedules are attached to and fonn part of this Agreement:
Schedule "A" -- Description of Lands Being Subdivided
Schedule "B" -- Plan of Subdivision
Schedule "C" -- Municipal Servicing Standards
Schedule "D" -- Checklist of Works to be Constructed
Schedule "E" -- Itemized Estimate of Costs of Construction of Each Part of the Works
Schedule "F'
List of Lots Unsuitable for Building Purposes
Owner's Final Grading Certificate
Schedule "0"
Schedule "H" -- List of Lands for Municipal Purposes and Easements to be Granted
to the Municipality
Schedule "P' -- No Occupancy Agreement
Schedule "J" -- Application for Reduction of Security
Schedule "K" - Fonn of Partial Release
Schedule "L"
Conditions of Draft Approval
Schedule "M" - Special Provisions
SEl;TION 2 - ORDER OF PRPCEDURE
2.1 Upon application to the Municipality for the preparation of an Agreement the Developer
shall:
(a) Pay to the Municipality the sum often thousand ($10,000.00) dollars as a deposit
in respect of the Municipality's legal and engineering costs referred to in Section
3.2 (a) herein.
(b) Submit a General Plan outlining the services to be installed.
(c) And may be required to sign a predevelopment agreement which includes:
· the intent of the developer;
· the intent of the Municipality;
· a statement outlining the areas of study that will be required prior to the
Municipality agreeing to proceed with the development (by means of a
development agreement);
· a statement outlining the deposit amount of $1 0,000 and the terms of its use;
· a general timeline for review of the development project.
2.2 Prior to Registering the Agreement the Developer shall:
(a) Deposit with the Municipality Securities and Insurance as outlined in the
Agreement.
(b) Pay in full any outstanding taxes or drainage, local improvement charges and
charges under the Municipal Act including outstanding sewer rates and/or water
rates.
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(c) Mutually agree with the Municipality on the parcel ofland to be deeded to the
Municipality for parkland or the amount of cash to be given to the Municipality
in lieu of Parkland.
(d) Pay the amount in lieu of parkland to the Municipality or deposit the
TransferslDeeds of Land for the parkland with the Municipality.
(e) Provide proof of postponement of any encumbrances on the lands.
(f) Deposit with the Municipality eight (8) copies of this Agreement executed by the
Developer, to be executed by the Municipálity and retained by the Municipality's
Solicitor for registration as hereinafter provided.
(g) Deliver to the Municipality's Solicitor written authorization to register this
Agreement or Notice of this Agreement both before and after registration of the
Plan, and a cheque in respect of the cost of the said registrations where upon the
Municipality's Solicitor shall register this Agreement.
2.3 Prior to starting construction on the Services, the Developer shall:
(a) Have obtained final approval of the Plan ftom the County and have obtained
Registration of the Plan.
(b) Deposit executed deeds to the Municipality, ftee and clear of all encumbrances,
for any lands to be conveyed to the Municipality (and such deeds to be deposited
with the Municipality) prior to the CAO's clearance letter to the County of
Bruce.
(c) Have submitted and obtained the written approval of the Municipality's Engineer
for the following all to be done in accordance with the Municipal Servicing
Standards of the Municipality:
· The Drainage Plan;
· The Lot Grading Plan;
· The Service Layout Plan for underground electrical services, telephone, gas,
etc.;
· Final approved drawings for all Works required in Schedule "D" to this
Agreement.
(c) Submit to the Municipality the Ministry of the Environment's Certificate of
Approval for the Water Supply and Distribution System, the Sewage Collection
System, and the Stonn Sewer System and Stonn Water Management Works.
(d) Provide written confirmation of having obtained the approval for drainage, road
crossings, encroachment, etc. of all road authorities including the Municipality,
County, Conservation Authority, the Ministry of Transportation of Ontario and
any other authority involved.
2.4 Prior to the sale of any lot and/or prior to the issuance of buDding permits the
Developer shall:
(a) Have complied with all requirements of Section 8.9 and Section 9 of Schedule M
of this Agreement.
2.5 Prior to any person occupying any building, the Developer shall:
(a) Have complied with all the requirements of Section 8.10 of this Agreement.
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SECTION 3 -INSTALLATION OF SERVICES
3.1 (;eneraI
Upon approval of the Plan by the County, the Developer shall design, construct and
install at his own expense and in good workmanlike manner to the servicing standards
of the Municipality as set out in Schedule "C" to this Agreement.
3.2 Municipality's Legal and Engineering Costs
(a) The Developer agrees to pay the Municipality's cost of the Municipal Solicitor
and of the Municipality's Engineer's invoices for the checking of plans and
specifications and for supervision and inspection on behalf of the Municipality.
(b) The Developer shall be invoiced regularly by the Municipality for all costs
incurred by the Municipality with respect to this Agreement.
(c) The Developer'shall reimburse the Municipality for all costs incurred by the
Municipality as referred to in Section 3.2 (a) herein, within thirty (30) days of
each billing, failing which the Municipality and its agents shall cease all work
with respect to the review of the Subdivision.
(d) The deposit refe1Ted to in Section 2.1 (a) of this Agreement shall be retained by
the Municipality as a float against any unpaid bills and such deposit (or the
balance thereof, if any) shall be returned to the Developer at Final Acceptance of
the Subdivision by the Municipality and the Municipality being satisfied, in its
discretion, that all costs in Section 3.2 (a) herein and any contingencies with
respect to the Subdivision have been paid in full.
(e) The Developer shall pay to the Municipality, on thirty (30) days written notice
from the Municipality, such amount as is necessary to maintain the deposit
referred to in Section 2.1 at the sum often thousand ($10,000.00) dollars, failing
which the Municipality and its agents shall cease all work with respect to the
review of the Subdivision.
3.3 Developer's Engineer
The Developer shall employ engineers registered with Professional Engineers Ontario
and approved by the Municipality:
(a) To prepare designs;
(b) To prepare and furnish all required drawings;
(c) To prepare the necessary contract(s);
(d) To obtain the necessary approvals in conjunction with the Municipality, the
County Health Unit and the Ministry of the Environment, and others as required.
(e) To provide the field layout, the contract documentation and the full time
supervision of construction.
(t) To maintain all records of construction and upon completion, to advise the
Municipality's Engineer of all construction changes and to prepare final "as
constructed" drawings. Digital files of the "as constructed" drawings shall be
submitted to the Municipal Engineer and the Municipality prior to the issuance of
the Certificate of Final Acceptance. Digital files shall be in the fonnat of
AutoCAD dxf or dwg files, coordinates ofUTM Nad 27 zone 17 North or UTM
Nad 83 zone North with and accuracy of 1 meter or less.
(g) To act as the representative of the Developer in all matters pertaining to the
construction.
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(h) To provide co-ordination and scheduling to comply with the timing provisions of
this Agreement and the requirements of the Municipality's Engineer, for all
works specified in this Agreement.
(i) To provide certification that the installation of services was in conformance to
said plans and specifications, such certification to be in a fonn acceptable to the
M~cipality's Solicitor and the Municipality's Engineer.
G) To take such other actions as may be required by the Municipality, acting
reasonably, for the completion of the subdivision in accordance with this
Agreement and good engineering practices. '
3.4 Works to be Installed
The Works to be installed are set out in Schedule uD" to this Agreement. This schedule
is to set out the works in general terms only and shall not be construed as covering all
items in detail. If at any time and from time to time during the development, the
Municipality's Engineer is of the opinion that additional works are necessary to provide
adequately any of the public services required by the Plan, the Developer shall, at his
expense, construct, install or perfonn such additional works at the request of the
Municipality's Engineer.
3.5 Approval of Plans
The detailed plans and specifications of all services must be submitted by the
Developer to the Municipality's Engineer for endorsement of approval and such
endorsement of approval shall in no way absolve the Developer or its consulting
Engineers of responsibility for errors in or omissions from such plans and
specifications.
3.6, Notification of Commencement
The Developer shall not commence the construction of any of the works until the plan
has been registered and the Developer has provided 72 hours written notice to the
Municipality's Engineer of his intent to commence work. Should, for any reason, there
be a cessation or interruption of construction, the Developer shall provide 72 hours
written notification to the Municipality's Engineer before work is resumed.
3.7 Progress of Works
The Developer shall install all Works in a timely manner, in accordance with the
requirements of Schedule "C" and this Agreement. Ifhe fails to do so, having
commenced to install the aforesaid works, fails or neglects to proceed with reasonable
speed, or in the event that the aforesaid works are not being installed in the manner
required by the Municipality, then upon the Municipality giving seven (7) days written
notice by prepaid registered mail to the Developer, the Municipality may, without
further notice, enter upon the said lands and proceed to supply all materials and to do
all the necessary works in connection with the installation of the said works, including
the repair or reconstruction of fault work and the replacement of materials not in
accordance with the specifications, and to charge the cost thereof together with an
engineering fee of ten percent (100,4) of the cost of such materials and works to the
Developer who shall forthwith pay the same upon demand. If the Developer fails to
pay the Municipality within thirty (30) days of date on the bill, the money owing may
be deducted from the cash deposit, letters of credit, or other securities. It is understood
in the event that the Municipality must enter upon said lands and have works completed
or repaired due to situations as outlined above any or all original mylars and
specifications prepared by the Developer's Engineer must be turned over to the
Municipality's Engineer for his use should he require same. It is understood and agreed
between the parties hereto that such entry upon the lands shall be as agent for the
Developer and shall not be deemed for any purpose whatsoever, as an acceptance or
assumption of the said Works by the Municipality. The Municipality, in addition to all
other remedies may refuse to issue building pennits until such Works are completely
installed in accordance with the requirements of the Municipality.
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Without limiting the obligations of the Developer herein, if the Developer shall default
on the perfonnance of any term, covenant or provision of this Agreement and if such
default shall continue for ten (10) days after the Developer receives written notice of
such default by the Municipality (or such shorter time as may be required in the cases
of an emergency or other urgent matters or as otherwise provided for herein), the
Municipality may perform that obligation on the Developer's behalf and may enter onto
the lands constituting the Plan for this purpose. If the Municipality is compelled or
elects to incur any expense in connection with its perfonnance of the Developer's
obligations (including any engineering or legal fees incurred in connection with such
actions), any reasonable costs so incurred by the Municipality, together with all interest
thereon and any damages incurred, shall be payable to the Developer and shall be
collectible by the Municipality in like manner as municipal taxes. The Developer also
acknowledges and agrees that the Municipality has the right to draw down any Letters
of Credit, cash or other security for the purpose of collecting any such expenses
incurred by the Municipality.
3.8 Scheduling of Works
Prior to the start of construction and prior to the issuance of building permits, the
Developer shall supply for the approval of the Municipality's Engineer a Schedule of
Works setting out the order in which he considers the various sections of the works
within the Plan will be built. The Municipality's Engineer may amend this schedule
and the Developer must construct, install or perform the work as the Municipality's
Engineer from time to time may direct.
3.9 Contractor
The said services shall be installed by a contractor or contractors retained by the
Developer and approved in writing by the Municipality~s Engineer.
3.10 Utility Costs and Charges
The Developer shall deal directly with all Utility companies. He or lùs Consulting
Engineer, shall obtain all approvals and permits and pay all fees and charges directly to
the appropriate Utility.
3.11 Access Roads
All access roads must be maintained by the Developer in good repair acceptable to the
Municipality's Engineer during the time of construction. This shall include the removal
of mud tracked from the Subdivision as well as dust control. No roadway outside the
limits of the proposed Subdivision may be closed without the written consent of the
Municipality. To obtain such consent, the Developer shall advise the Chief
Administrative Officer (CAD), not later than 14 days prior to the proposed closure, of
the date, time and duration they wish to close a roadway. All costs for advertising the
closure and signage shall be borne by the Developer. The Municipality reserves the
right to limit or prolùbit the use of any existing access road by the Developer.
3.12 Movement of Fill
The Developer covêhants and agrees that it shall not dump nor permit to be dumped
any fill or debris on, nor shall it remove or permit to be removed any fill, topsoil, trees
or shrubs from any public lands, other than roads, without the written consent of the
Municipality's Engineer. The Developer further agrees that no topsoil shall be
removed from the lots and/or blocks except for construction purposes within the
development and then such topsoil shall be stockpiled during grading operations and as
each building is completed, the topsoil so stockpiled shall be replaced on the ground
around each building to comply with the Municipal standards, and the replacing of such
topsoil shall include all surfaces not covered by buildings, driveways or pavement
within the development. Excess topsoil may be removed ftom the site with the
approval of the Municipality's Public Works Manager.
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3.13 Damage to Existing Plant
The Developer shall repair any damage caused to any existing road, road allowance or
existing structure or plant located on the road allowance as a result of the development
and shall pay for any costs involved in relocation of existing service such as hydrants,
telephone poles, hydro poles, pad mount transfonners, cubicles and pedestals, etc.,
which may be necessary because of the development.
3.14 Signs
Signs at least 1.2 m x 1.8 m shall be erected by the Developer in an approved location
at each entrance to the Subdivision. The signs shall read as follows:
"Roads Not Assumed by Municipality - Use at Your Own Risk".
These signs shall be installed prior to the start of construction and be removed after all
the roads have received a Certificate of Final Acceptance.
3.15 Testing
The Municipality's Engineer may have any qualitative or quantitative tests made of any
materials which have been or are proposed to be used in the construction of any of the
works required by this Agreement, or may require additional television camera or soil
tests to be carried out, and the cost of such tests shall be paid by the Developer within
ten days of the account being rendered by the Municipality. Nothing herein shall
relieve the Developer of its responsibility to carry out any tests required by good
engineering practice.
3.16 Erosion and Silting Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of sewers, ditches, culverts, slopes, etc., both within the Development
and downstream during construction and completion of servicing. Failing adequate
precautions being taken, the Developer will be responsible for correcting any damages
and paying all maintenance costs resulting there1Ì'om.
3.17 Emergency Access
The Developer shall at all times during construction and development of the Works
maintain emergency access to the land to the satisfaction of the Municipality's
Engineer.
3.18 Construction Refuse and Weeds
The Developer, and each subsequent Owner of Lots or Blocks within the Plan, shall
regularly dispose of all construction refuse, debris or weeds whether it be fÌ'om site
servicing or house building or any other source related to the development of the site, in
an orderly and sanitary fashion. If the Developer or subsequent Owner of the Lots or
Blocks within the Plan fails to remove and dispose of construction refuse, debris or
weeds to the satisfaction of the Municipality's By-law Officer, the Municipality may
give written notice to the Developer or lot Owner. If the Developer or each subsequent
Owner of Lots or Blocks within the Plan fails to dispose of the refuse, debris or weeds
within forty-eight (49) hours after receiving a written request from the Municipality to
do so, the Municipality may, without further notice, undertake such removal and
disposition and the cost thereof shall be paid by the Developer or each subsequent
Owner of the Lots or Blocks within the Plan forthwith upon demand, which costs shall
include all expenses incurred by the Municipality in carrying out such removal and
disposition. The burning of construction refuse, debris of weeds, whether it be ftom
site servicing or house building or any other source related to the development of the
site on any lands within the Plan is prohibited.
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3.19 Dust Control
Until the Final Acceptance of all· Services to be constructed under this Agreement, the
Developer shall use such reasonable method to prevent any dust problem to traffic or
home occupants as the Municipality shall deem necessary and for this purpose the
Public Works Manager shall notify the Developer in writing from time to time of the
requirements of the Municipality.
3.20 Street Names
The Developer shall name all streets within the Land fonning part of the Plan with
names approved by the Municipality.
3.21 Municipal Street Numbers
(a) All Lot, Block or building numbers for use within the Plan shall be allocated by
the Chief Building Official (CBO). To obtain such allocation, the Developer
shall furnish the CBO with a copy of the Plan as registered upon which the CBO
will designate the proper numbers for each Lot, Block or building.
(b) The Developer shall display by means of a legible sign at least l' xl' to be
erected on each Lot or Block within the Plan, the Lot or Block number as shown
on the Plan and the street number and Lot or Block number for each Lot or Block
prior to the issuance of a Building Pennit for that Lot or Block which sign shall
remain until such time as the building on such Lot or Block is occupied in
accordance with the provisions of this Agreement.
(c) Each Owner shall cause the street number so provided to be placed and
maintained in a conspicuous position in the ftont of the property upon occupancy.
3.22 Blasting
The Developer agrees that no blasting will be undertaken without the written consent of
the Municipal Engineer.
3.23 Driveways
The Developer hereby agrees that the driveways for all lots will be in a location and
have a width and design as may be approved by the Municipality. Without in any way
limiting the discretion of the Municipality, the location of the driveways may be further
limited by special revision in Schedule "M" of this Agreement. Further, all driveways
for all lots in the plan should be located in a manner that will minimize the amount of
snow that will accumulate in the lot's driveway. The location of driveways is
particularly important with respect to all comer lots located in the plan, as these
driveways entrances must be located as far as possible ftom the street comer to
minimize the amount of snow that will block these driveways during the Municipality's
efforts to remove snow.
Further, the Developer hereby agrees that he will be responsible for, or will provide for
agreements with subsequent owners, with respect to responsibility, to complete all
driveway entrances, for their full width, with a hard surface consisting of asphalt or
concrete pavement. This hard surface shall extend to the edge of the municipal road
allowance.
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3~24 Contaminants
In the event the Developer discovers any waste, contaminants, pollutants, hazardous
substances or any other similar substances that may be detrimental to the environment
during the development of the lands constituting the Plan, the Developer hereby agrees
to notify the Municipality and the Ministry of the Environment immediately and take
all necessary steps and remedial efforts required by the Ministry of the Environment
and the Municipality to remove such waste, contaminants, pollutants, hazardous
substances or other substances that could be detrimental to the environment. In taking
such action, the Developer shall fulfill all legislative requirements for the remediation
and clean-up oflands constituting the Plan and shall comply with all legislative
requirements regulating the removal, transportation and disposal of such waste,
contaminants, pollutants, hazardous substances or any other similar substances from the
said lands.
~ECTION 4 - ACCEPTANCE OF WORKS
4.1 Stages of Construcdon and Services
The Municipality will grant Preliminary or Final Acceptance of servicing based upon
three (3) stages of construction; and when the development is phased, within the whole
of each phase as approved by the Municipality. Stages of construction are as follows:
(a) Stage 1 - consists of all underground Works including stonn sewers and stonn
water management facilities, sanitary sewers, watermains and the completion of
Granular "B" road base and a portion of the Granular "A" for a riding surface.
(b) Stage 2 - services shall include the balance of the road works including granular,
curbs and gutter, base asphalt, grading of boulevard areas, construction of all
drainage swales and outlets, sidewalks, installation of street and traffic signs,
conduits, piping and facilities for the completion of electrical servicing, street
lighting and other utilities such as gas, telephone and Cable T.V.
(c) Stage 3 - services including the final coat ofasphaIt, topsoil and sodding, trees,
fencing and any other requirements of this agreement.
4.2 Inspection and Acceptance of the Works
When all of the services in any stage of servicing as identified above have been
completed and the Municipality's Engineer has been given written certification by the
Developer's Engineer that such services have been constructed in each stage in
accordance with the approved plans and specifications in this Agreement and upon
satisfactory inspection by the Municipality's Engineer, the Municipality's Engineer will
. recommend that the Municipality grant a Certificate of Preliminary Acceptance. This
Certificate may include a list of minor deficiencies which the Developer must repair.
The services shall then be subject to a guaranteed maintenance period as described in
Section 5.1.
4.3 Final Acceptance of the Works
On receipt of a written request from the Developer for final inspection and final
acceptance following completion of the guaranteed maintenance period outlined in
Section 5.1, the Municipality's Engineer will complete an inspection and if there are no
deficiencies, will recommend to the Municipality that the Certificate of Final
Acceptance be issued. This Certificate will be issued provided that the Developer has
paid all accounts to the Municipality and the Municipality is:
. Satisfied the applicable services have been completely installed;
. Satisfied all repairs or maintenance work on the applicable services have been
completed.
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and the Municipality has:
. Approved the formal certification of final completion from the Developer's
Engineer certifying that all Works and services have been installed;
. Received as-built drawings as detailed elsewhere in this Agreement.
4.4 Acceptance During Winter Months
The Municipality will not be required to provide Certificates of Preliminary or Final
Acceptance during the winter months or any other time of year when inspection of the
Works and services is impractical due to snow cover or other adverse conditions.
4.5 Use of Works by Municipality
The Developer agrees that:
(a) The Works may be used prior to acceptance by the Municipality, or other
authorized persons for the purposes for which such works were designed.
(b) Such use shall not be deemed an acceptance of the Works by the Municipality.
(c) Such usesha11 not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the Works so used.
4.6 Replacement of Survey Bars
Prior to the final acceptance by the Municipality, the Developer shall deliver to the
Chief Building Official (CBO) a statement from an Ontario Land Surveyor that after
the completion of the work, he has found, in satisfactory condition or replaced all
survey monwnents and iron bars as shown on the registered plan.
4.7 Ownership of Services
Upon the issuance to the Developer of the Certificate of Final Acceptance, the
ownership of the services described shall vest in the Municipality and the Developer
shall have no claim or rights thereto except those occurring as an owner of the lands
abutting the streets where such services are installed.
SECTION 5- MAINTENANCE OF WO~
5.1 Maintenance of Works
The Developer will be responsible for the repair and maintenance of all services
including hydro costs for street lights, until a Certificate of Final Acceptance is issued
by the Municipality. This maintenance period shall extend for two (2) years from the
date of the Certificate of Preliminary Acceptance for each Stage of the Works. During
this maintenance period, a 10% security holdback shall be retained by the Municipality
in accordance with the provisions of Clause 9.3 ( e) of this agreement. If during this
period, the Developer fails to catty out maintenance work within seventy-two (72)
houtS after receipt of the request from. the Municipality, then the Municipality's
Engineer or Public Works Manager may, without further notice, undertake such
maintenance work and the total costs of such work, including engineering fees, shall be
borne by the Developer. If the Developer fails to pay the Municipality within thirty
(30) days of the date of billing then the money owing may be deducted from the
deposited securities. Towards the end of the Maintenance Period, the Developer shall
make written request to the Municipality for a final inspection to be made in respect to
the issuance of the Certificate afFinal Acceptance.
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5.2 Road Maintenance
The Developer will be responsible for the maintenance of the roads until final
acceptance.
Summer maintenance shall include grading, dust con1ro1 and general clean-up of the
site. Winter road maintenance shall include all plowing, sanding and salting to assure
proper vehicular access within the Subdivision.
In the event that proper maintenance or snow removal is not provided by the Developer,
the Municipality, through its servants, contractors or agents may provide maintenance
and/or remove snow without notice to the Developer. Such work will be carried out at
times deemed to be an emergency by the Public Works Manager. All costs of such
work shall be paid by the Developer within thirty (30) days of date of billing or
otherwise may be deducted trom the deposited securities. The Developer further agrees
that any work done by the Municipality pursuant to this contract before the roads are
accepted by the Municipality shall not be deemed in any way, to be an acceptance by
the Municipality of the roads in the said Subdivision upon which such work is done.
The Developer acknowledges that the Municipality, in providing maintenance or during
snow removal, may damage or interfere with the works of the Developer and cause
damage to such works and the Developer hereby waives all claims against the
Municipality that he might have arising thereftom and covenants that he will make no
claim against the Municipality for such interference or damage. Representation may be
made requesting that the Municipality consider entering into a separate Agreement with
the Developer to undertake the winter road maintenance within the Subdivision.
5.3 Emergency Repairs
Employees or agents of the Municipality may enter onto the Land at any time or ftom
time to time for the purpose of making emergency repairs to any of the Works. Such
entry and repairing shall not be deemed an acceptance of any of the Works by the
Municipality or an assumption by the Municipality of any liability in connection
therewith or a release of the Developer ftom any of his obligations under this
Agreement.
SECTION 6 - DRAINAGE AND LANDSCAPE DESIGN
6.1 Drainage.
All Lots and Blocks within the Plan and all lands abutting the Plan shall be graded to
drain in accordance with the Drainage Plan as approved by the Municipality's
Engineer. It is understood and agreed by the parties hereto that the drainage of surface
waters on the Lots and Blocks in the Plan, are the sole responsibility of the Developer
and subsequent purchasers, and they shall to provide and maintain adequate drainage of
such surface works. Satisfactory drainage outlets shall be provided. Drainage outlets
shall be constructed ftom the limits of the Subdivision to a sufficient outlet in
accordance with the approved engineering drawings.
6.2 Preservation of Trees
The Developer shall strive to preserve healthy trees, except for the actual area of
roadway construction, the installation of services, or the areas within the building
envelope. No additional trees shall be removed without the Public Works Manager's
written pennission.
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6.3 Lots Unsuitable for Building
Any lot wmch will require special attention in order to be serviced will be listed in
SchedUle "F" of tlús Agreement. Prior to the issuance of a building permit for any lot
listed in Schedule "F", the Developer's Engineer must submit a letter to the
Municipality's Engineer outlining the measures to be taken to correct the problems on
the lots. This proposal must be approved prior to applying for a building pennit.
6.4 Lot Grading
All Lands shown within the Plan shall be graded in general confonnity with the Lot
Grading Plan, including fill and excavation as required for the full width and length of
the grades and levels, and to the specifications, requirements and satisfaction of the
Municipality's Engineer; provided that for residential lots and blocks, grading must be
brought within zero decimal five (0.5) me1res of the final grade and such further
residential development may complete the grading. All work done by the Developer
must be of such a nature as to ensure that the integrity and intent of the overall grading
plan is functional until the Lands are fully developed.
(a) Obligation to Grade According to Lot Grading Plan
The Lands shall not be graded except in general confonnity with the grades
and elevations shown on the Accepted Grading Plan. The Plan shall bear the
signature and seal of an Ontario Professional Engineer holding a Certificate of
Authorization from Professional Engineers Ontario or who is employed by a
partnership or corporation holding such Certificate of Authorization to offer
professional engineering services to the public (hereinafter called a
"Professional Engineer") or a Registered Ontario Land Surveyor who certifies
thereon that the Plan generally confonns with the Lot Grading Plan attached
to the Agreement or filed with the Municipality's Engineer.
(b) Certified Building Lot Site Plan
Subject to Section 8.9 herein, no building shall be constructed on a Lot or
Block within the Plan until a Building Lot Site Plan certified by a Registered
Ontario Land Surveyor or Professional Engineer has been filed with and
approved bv the Chief Building Official of the Municipality. The Building
Lot Site Plan shall show:
· the proposed finished elevation of these lands at each comer of the lot or
block;
· the proposed finished elevation of these lands at the front and rear of the
building;
· the proposed finished elevations of the underside of the footings and the
proposed finished height of the foundation of the building;
· the proposed finished elevation of any retaining walls, the proposed
elevation of any walk-out onto these lands from the basement of the
buildmg, and the proposed finished height of the foundation of the
building;
· the proposed finished elevation and slope of any driveway and the
proposed location of any swale or rear yard catch basin;
· the location of eavestrough downspouts; no downspouts will be allowed to
discharge in a sideyard between residences;
· any abrupt changes in the proposed finished elevation of these lands;
· the service locations and the invert elevations of all municipal services
· the Lot and Registered Plan number, the municipal address for the subject
Lot or Block and the proposed location of the building thereon in relation
to the Lot or Block boundaries.
The Developer hereby agrees that the existing property line grades abutting
developed lands are not to be altered or disturbed, except as approved
otherwise by the Municipality's Engineer.
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The Developer shall complete such other actions as may be required by the
Municipality, acting reasonably, to ensure that the subdivision is developed in
accordance with the terms of this Agreement and good engineering practices.
(c) Owner's Final Grading Certificate
· The Owner's Final Grading Certificate must be completed in the fonn
attached as Schedule "0" bearing the signature and seal of a Professional
Engineer or Registered Ontario Land Surveyor that the actual' finished
elevation and grading of these lands generally conform with the Lot
Grading Plan and the Certified Building Lot Site Plan.
· If occupancy occurs between November 1 and May 31 next and an
Owner's Final Grading Certificate is not filed prior to'occupancy with the
Municipality's Chief Building Official, then the Owner shall provide the
Municipality's Chief Building Official with a written undertaking to file
the said Owner's Final Grading Certificate with the Municipality's Chief
Building Official by the following June 1.
· When the Owner's Final Grading Certificate is accepted by the
Municipality's Chief Building Official that the Lands generally conform
with the Lot Grading Plan and the Certified Building Lot Site Plan, the
Damage/Lot Grading Deposit referred to in Section 8.9 (g) is returnable to
the Owner subject to this Section and Section 8.9 (g) of this Agreement.
· The Owner agrees that, should drainage rectification become necessary in
the absolute discretion of the Municipality, and the Owner fails to make
such rectification when so instructed by the Municipality, the
Municipality may, at its option, undertake the oorrectionof such drainage
and all costs over and above the two thousand, five hundred dollar
($2,500.00) deposit shall be charged back to the Owner and shall include
a management fee of 15% of the cost oflabour and material shall be a
charge against the Lot or Block for which regarding was carried out and
shall be payable forthwith. The Owner agrees that neither it nor its
successors or assigns will alter the grading or change the elevation or
contour of the Land except in accordance with drainage plans approved
by the Municipality.
(d) Obligation to Maintain Grading
After the building or Block is graded in accordance with the Lot Grading Plan
and the Certified Building Lot Site Plan, no change shall be made to the actual
finished elevation and grading of the building Lot or Block in any way that
results in a material alteration of drainage on or across the building Lot or
Block or adjacent lands from that shown on the Lot Grading Plan for the
adjacent lands or the Owner's Final Grading Certificate for the building Lot or
Block.
(e) Prevention ofSuñace Water Flow
The Developer and each subsequent owner shall not block, impede, obstruct
or prevent the flow of swface water as provided for in the Drainage Plan, the
Lot Grading Plan or the Certified Building Lot Site Plan over any Lot or
Block by the construction, erection or placement thereon of any damming
device, building, structure or other means.
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(t) Erosion Control
The Developer shall construct silt fences or other facilities as required during
construction to control overland flows from this Subdivision to ensure that
mud, silt, construction debris, etc. does not adversely affect abutting
properties, all to the specifications of the Municipality's Engineer.
6.S Maintenance of Lot Grading
All lot grading and drainage facilities and works required by Section 6 or elsewhere in
this agreement shall be provided and maintained by the Developer or subsequent owner
of each individual lot ftom time to time, in perpetuity at such party's sole risk and
expense.
Should, for any reason, the Developer or subsequent Owner fail to maintain that lot
grading, they acknowledge that the Municipality, in receiving certified lot grading
certificates as required in this agreement, absolves itself of any further interest or
responsibility for such lot grading save and except for those works on registered
easements.
SECTIQN 7 - LANDS TO BE CONVEYED
7.1 Lands for Municipal Purposes
The Developer shall convey in fee simple a good title free from encumbrances to the
Municipal lands for municipal purposes other than roads, which shall be mutually
agreed upon by the Owner and the Municipality, or to make a cash payment in lieu
thereof as stipulated by the Municipality and also to convey to the Municipality in fee
simple, the 0.3 metre reserves and other lands required by the Municipality. The deeds
for the said lands are to be approved by the Municipality's Solicitor and thereafter
forthwith registered and deposited with the CAO. The cost for preparation and
registration of the said deeds shall be paid by the Developer. A list of lands for
municipal purposes to be conveyed to the Municipality shall be set out in Schedule "H"
of this Agreement.
7.2 Easements
The Developer agrees to grant at his expense all such easements and right-of-ways as
may be required for the installation and supply of services to the Subdivision. A list of
easements and right-of-ways to be granted to the Municipality shall be set out in
Schedule "H" of this Agreement.
7.3 Turning Circles
The Municipality may require the installation of temporary turning circles. Where such,
are required, the Developer shall convey the appropriate blocks to the Municipality for
the purposes of providing the Municipality with sufficient land to construct said turning
circle(s). The block(s) conveyed to the Municipality shall only constitute that portion
of land required by the Municipality for the actual roadway of the turning circle. The
temporary turning circle shall be constructed in accordance with Schedule "c" of this
Agreement. The Developer and the Municipality acknowledge that the block(s)
conveyed to the Municipality for turning circles shall be reconveyed to the owners in
the event that the street is connected in the future. Such conveyance and reconveyance
, of the block( s) shall be completed at no expense to the Municipality. A list of said
blocks is included in Schedule "H" of this Agreement.
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SECTION 8 - ADMINISTRATION
8.1 Voiding Agreement
In the event that the Plan is 'not registered within one year from the date of the signing
of this Agreement, the Municipality may at its option declare this Agreement to be null
and void. All costs incurred shall be deducted from the deposit paid by the Developer
to the MWliCÌpality pursuant to this Agreement or any other agreement between the
Developer and the Municipality referred to herein.
8.2 Developer's Expense
Every provision of this Agreement by which the Developer is obligated in any way
shall be deemed to include the words "at the expense of the Developer" and "as
approved or accepted by the Municipality", unless specifically stated otherwise.
8.3 Phasing
(a) The Municipality may instruct the Developer to construct the Works in particular
phases suitable to it and the Developer must comply. If the Municipality does
not so instruct the Developer, before commencement of any of the Works, he
may request the Municipality's pennission to divide the area into convenient
phases.
(b) If the construction of the Works is to be phased, then in lieu of furnishing
securities as required by Section 9 of this Agreement for the whole of the Works
the Developer may furnish the required securities for that part of the Works to be
constructed in each phase(s).
(c) The Land upon which the Works is to be constructed in a future phase shall be
made subject to a specific Holding Zoning ("H") provision by means of a by-law
to be passed by the Municipality under Section 36(1) of the Planning Act, R. S.
O. 1990 c. P. 13 at the Developer's expense.
(d) Prior to the commencement of the construction of the Works within the Land
made subject to a Holding Zoning ("H") provision and after the deposit with the
Municipality of the securities as set out elsewhere in this Agreement for such
Land along with a written request &om the Developer, the Municipality shall at
the Developer's expense pass a by-law under the said Section 36 to remove the
Holding Zoning ("H") provision.
(e) Before proceeding with an additional phase the Developer shall obtain the written
approval of the Municipality and no Works shall be pennitted to be installed and
no building pennits issued until this approval has been given in writing by the
Municipality.
(f) Subject to Section 8.15 herein, commencement of construction within subsequent
phases of this subdivision, or other subdivisions of the Developer herein within
the Municipality, may not proceed.
8.4 Developer's Liabilities
Until the Municipality has issued the Certificate of Final Acceptance for the Works, the
Developer hereby indemnifies and saves harmiess the Municipality against all actions,
causes of action, suits, claims and demands whatsoever which may arise either directly
or indirectly by reason of the Developer undertaking the Plan.
17
8.5 Insurance
The Developer shall insure against all damages or claims for damage in an Insurance
Company satisfactory to the Chief Administrative Officer (CAO). Such policy or
policies shall be issued in the joint names of the Developer, the Municipality and the
Municipality's Engineer and the fonn and content shall be subject to the approval of the
Municipality. The minimum limits of such policies shall be $2,000,000 all inclusive,
but the Municipality shall have the right to set higher amounts. The said insurance
policy shall include a provision that requires the insurance company to provide the
Municipality with thirty (30) days notice of tennination of such policy. The policy
shall be in effect for the period of this Agreement including the period guaranteed
maintenance pursuant to Section 5 of this Agreement. The issuance of such a policy of
insurance shall not be construed as relieving the Developer from responsibility for other
or larger claims, if any, for which he may be held responsible.
8.6 Legal Notice to Developer
Any notice required to be given hereunder may be given by registered mail addressed
to the Developer at his principal place of business and shall be effective as of the date
of the deposit hereof in the Post Office.
8.7 Registration
The Developer consents to the registration of this Agreement upon the title to the Land
both before and after registration of the Plan at the sole discretion of the Municipality
and at the expense of the Developer.
8.8 MortgageslEncumbrances
The developer covenants and agrees to obtain and register, at its sole cost and expense,
a postponement from each encumbrancer with a charge registered against title to the
Land (or part thereof) so that notice of this agreement shall be registered in priority to
any such charge.
Further, the mortgagee, if any, agrees that in the event ofhim assigning or transferring
the mortgage on the lands, the assignment or transfer shall be subject to the tenns
hereof in the same manner as if the assignee or transferee had executed this Agreement.
8.9 Requirements for Building Permits
The approval of the Plan by the Municipality or the acceptance by the Municipality of
the Works shall not be deemed to give any assurance that Municipal building pennits,
when applied for will be issued in respect of the Lots or Blocks shown on the Plan.
Notwithstanding the foregoing, the Developer agrees that it, or anyone claiming titled
from it or under its authority, shall not apply for any building pennits for Lots or
Blocks within the Plan until all requirements hereinafter set out have been canied out to
the satisfaction of the Municipality. It is agreed that a copy of this Section 8.9 shall be
delivered by the Developer to each and every Purchaser of Land within the Plan and to
each and every Builder obtaining a Building Permit for any Lot or Block or part of a
Lot or Block within the Plan and the Developer shall extract a covenant similar to this
covenant from all such Purchasers and Builders. The Municipality shall have the right
to refuse any such application until:
(a) Preliminary Acceptance has been granted by the Municipality for Stage 1
servicing for that phase of the Subdivision.
(b) The Developer has provided sufficient documentation to the Municipality's
Engineer confirming that electrical distribution and street lighting and the
remaining underground services, telephone, cable t.v., and gas are being
scheduled for installation; and will be completed within six (6) weeks or the date
of issuance of the building pennit.
18
( c) Approval of the Municipality has been obtained for the construction of any
buildings to be erected on Lots or Blocks that may be listed in Schedule "P"
hereto.
(d) A certificate has been given by the Municipality's Chief Building Official that
the building location is in compliance with the zoning by-law of the
Municipality.
(e) The signs denoting "Unassumed Roads" have been installed at the entrances to
the Subdivision.
(f) All dead trees within the limit of the Plan have been removed.
(g) All street identification signs required by this Agreement have been installed and
are in place;
(h) Payment to the Municipality in the amount of$2,500.00 as a Works DamagelLot
Grading Compliance Deposit (herein "DamagelLot Grading Deposit") per Lot or
Block in the Plan of which the sum of $100.00 is non-refundable.
The balance of the Damage/Lot Grading Deposit shall be refundable in whole or
in part after the building has been constructed, an Owner's Pinal Grading
Certificate has been filed with and accepted by the Municipality's Chief Building
Official and the required service connections have been made and all damages to
the Works which fOnD the subject matter of this Agreement resulting from house
building and/or landscaping activities on the subject Lot or Block have been
repaired to the satisfaction of the Municipality's Chief Building Official and
Municipality's Works Superintendent.
(i) With respect to repair of damage to the Works, in the event that the Owner fails to
repair the damage to the Works when so instructed by the Municipality's Chief
Building Official or the Municipality's Works Superintendent, the Municipality
may, at its option, undertake the repair of such damage and all costs over and
above the $2,500.00 deposit shall be charged back to the Owner and shall include
a management fee of 15% of the cost of labour and material. This shall be a
charge against the Lot or Block for which repairs were carried out and shall be
payable forthwith.
ü) Payment to the Municipality the amoWlt of the current applicable Development
Charge(s) per Lot or Block in the Plan under the Development Charges By-law of
the Municipality, or The Water and Sewer Contribution to Capital Policy.
(k) A Certified Building Lot Site Plan has been filed with the Chief Building Official
of the Municipality pursuant to Section 6.4 (b).
(1) The Developer agrees that the preceding requirements in this Section 8.9 are in
addition to and not in substitution of the requirements of the Ontario Building
Code Act as amended and regulations thereunder with respect to the issuance of
Building Permits.
8.10 Requirements for Occupancy
Subject to Section 8.11 herein, no building erected on the Lots or Blocks within the
Plan shall be occupied until a Certificate of Inspection re: Readiness for Occupancy
has been issued by the Municipality's Chief Building Official and the said Certificate
shall not be issued until:
(a) Preliminary Acceptance has been granted for Stage 2 servicing for the phase of
the Subdivision including the Lot or Block.
(b) The roadway from the entrance of the Subdivision to and including the lot or
block of which the building is a part, has received the base course asphalt.
19
(c) The electrical distribution plant including street lights have been installed and
approved by the Utility.
(d) The traffic and street signs have been installed and approved by the
Municipality's Engineer.
(e) Subject to Section 6.4 (c), the final grading of the Lot or Block is in conformity
with the overall grading plan or such variances therefrom as have been approved
by the Municipality's Chief Building Official pursuant to Section 6.4 (c).
(f) The telephone lines, cable T.V~ and gas mains have been installed and approved
by the Municipality's Engineer.
(g) The Developer agrees that the preceding requirements in this Section are in
addition to and not in substitution of the requirements of the Ontario Building
Code Act as amended and regulations thereunder with respect to certificates for
occupancy.
8.11 Special Building Permits I Model Homes
Pursuant to Section 8.9 building permits are not obtainable until certain services are
installed and approved by the Municipality's Engineer. The Municipality agrees that if
the Developer or Owner wishes to obtain a building pennit prior to the installation of
services, as set out in Section 8.9, a permit may be issued provided the Developer or
Owner has executed a No-Occupancy Agreement (Schedule "I") and the Municipality
may require a deposit or Letter of Credit as a guarantee of no-occupancy. In the event
that the Developer or Owner fails to meet all the requirements set out in Section 8.9 or
8.10 for any building permit that is issued pursuant to the Developer's delivery of a No-
Occupancy Agreement, the Developer hereby acknowledges that the deposit shall be
immediately forfeited to the Municipality. Such failure to meet the obligations shall
constitute a breach of this Agreement and the Municipality may immediately draw
down any ,security held WIder this Agreement to complete any work required or fulfill
any other requirements of Section 8.9 or 8.10 for any model home that was built
pursuant to this Section 8.11.
8.12 Right to Enter into an Agreement
The Developer agrees not to call into question directly or indirectly in any proceedings
whatsoever in law or in equity any administrative tribunal, the right to the Municipality
to enter into this Agreement and to enforce each and every term, covenant and
condition herein contained and this Agreement may be pleaded as an estoppel against
the Developer in any such proceedings.
The Developer acknowledges that the Municipality is entering into this Agreement and
approving the Plan on the express representation of the Developer that it and its
successors and assigns shall observe and perfonn all the provisions of this Agreement
and that the Municipality is of the opinion that the Plan would not be in the public
interest if the Developer, its successors and assigns, the owner or owners from time to
time of the land within the Plan were not obligated to observe and perfonn all the
provisions hereof except to the extent the Municipality may lawfully change them.
8.13 Successors and Assigns
The covenants, agreement, conditions, and undertakings herein contained on the part of
the Developer shall run with the land and shall be binding upon it and upon its
successors and assigns as owners and occupiers of the said lands :&om time to time.
8.14 Notification to Purchaser
The Developer shall in every Agreement of Purchase and Sale or Offer to Purchase
pertaining to any Lot or Block within the Plan notify each purchaser of all of the
payments to be made by the purchaser to the Municipality pursuant to this Agreement
and all of the provisions of this Agreement which shall continue in force after the
completion of the sale. Further, the Developer shall furnish a list of those services
included in the purchase, specifying those installed and those to be installed at no
additional cost.
20
8.1S Scheduling, Progress and Completion
The Developer shall commence construction of services within eighteen (18) months of
the signing of this Agreement or the registration of the Plan whichever is earlier.
Within eighteen (18) months of the date of commencement of the servicing of any
phase, the Developer shall complete the installation of the Stage 1 services. In any
phase, the top coat of asphalt shall be completed within twenty-four (24) months of
preliminary acceptance of Stage 1 of the services; unless written consent altering this
condition is received from the Municipal Engineer. Failure to adhere to the above
schedule may result in the Municipality completing the Works in accordance with
Section 3.7 of this Agreement. If the development is phased, the date for
commencement of construction on the balance of the phases may be delayed for up to
five years. Failure to commence construction within the time schedule above may
result in the Municipality declaring this Agreement to be null and void, and the
Municipality may deem the property not to be a Plan of Subdivision.
8.16 No Municipal Liability
1bis Agreement and the provisions herein do not give the Developer or any person
acquiring any interest in the land within the Plan (each hereinafter in this clause called
"such person"), any rights against the Municipality or the Municipality's Engineer with
respect to the failure of the any such person to perform any obligations under this
Agreement or the failure of the Municipality to force such person to perfonn any
obligations under this Agreement or any negligence of any such person in the
performance of the said obligations.
The only duty and responsibility of the Municipality's Engineer arising out of this
Agreement is to the Municipality and this Agreement. Any work or services done or
performed by the Municipality's Engineer under this Agreement do not in any way
create any liability on the part of the Municipality's Engineer to the Developer or any
person acquiring any interest in the land within the Plan.
8.17 Assignment
The Developer shall not assign this Agreement without the prior written consent of the
Municipality, which consent may be unreasonably withheld.
8.18 ConOid·
In the ev~t of any conflict between or among the plans and specifications relating to
the construction of the Works, the Municipality's Engineer shall decide which
provisions shall prevail.
8.19 Severability
If any term, covenant or provision of this Agreement shall be found or declared by a
Court of competent jurisdiction to be invalid, unenforceable or ultra vires, such term,
convenant or provision shall conclusively deemed to be severable :&om all other tenns,
covenants and provisions of this Agreement and the remainder of this Agreement shall
be and remain in full force and effect.
8.20 Amendment
Without in any way limiting the rights of the Municipality, the Developer agrees that
the Municipality may, with the consent of the then registered owner of any land within
the Plan, amend this Agreement insofar as it specifically affects such land or any part
thereof
21
8.21 Further Assurances
The Developer agrees that it shall and will, on the request of the Municipality, make,
do, execute or cause to be made, done or executed all such further and other deeds, acts,
things and assurances to ensure the full implementation of this Agreement and to satisfy
the intention of the parties as set out in this Agreement.
8.22 Joint and Several
All terms, covenants, provisions and obligations of the Developer in this Agreement
shall be joint and several.
SECTION 9 - FINANCIAL PROVISIONS
9.1 Development Charges, Drainage and Local Improvement Charges
Development Charges shall be paid in accordance with the CUlTent Development
Charges By-law of the Municipality.
The Developer agrees to pay for all arrears of taxes outstanding against the property
herein described before the approval of the said Plan is obtained. The Developer
further undertakes and agrees to pay all taxes levied on the said lands on the basis and
in accordance with assessment and collector's roll entries until such time as the lands
herein being subdivided have been assessed and entered on the Collector's Roll
according to the Registered Plan.
Before the Plan is approved the Developer agrees to commute and pay all charges made
with respect to the Drainage Act, the Local bnprovement Act, and the Municipal Act,
including but not limited to charges or rates outstanding in respect of the Lands under
any sewer rate and/or water rate by-law which are assessed against the property on the
Plan. Before the Plan is approved the Developer agrees to commute and pay the
Municipality's share of any charges made under the said Drainage Act, the said Local
Improvement Act and the said Municipal Act presently servicing this property and
assessed against it.
9.2 Securities
Prior to registering this Agreement, the Developer shall deposit with the Municipality
to cover the faithful perfonnance of the contract for the installation of the said services
and the payment of all obligations and contingencies arising thereunder the following
securities:
(a) Cash in the amount of One Hundred Percent (100%) of the estimated cost of the
said all works as set out in Schedule "En and as approved by the Municipality's
Engineer and Municipal Council, or
(b) An in-evocable Letter of Credit from a chartered bank, issued in form and content
satisfactory to the Municipality's Solicitor, in the amount of One Hundred
Percent (100%) of the estimated cost of all works as set out in Schedule "E" and
as approved by the Municipality's Engineer or
(c) Some combination of cash and Letter of Credit, totaling 1 00% of the Schedule
"En estimate.
(d) Prior to depositing the securities, the Developer's Engineer shall submit an
estimate of the cost of the Works to the Municipality's Engineer for approval.
When the cost estimate has been approved it will be set out in Schedule "E" of
this Agreement and will become the basis for the limits of these securities.
22
(e) All Letters of Credit shall be for a minimum guaranteed period of one (1) year or
such longer time as the Municipality may decide. All Letters of Credit refeITed
to in this Section 9.2 shall contain the following clause:
"It is a condition of the Letter of Credit that it shall be deemed to be
automatically extended without amendment from year to year from the present or
any fUture expiration date thereof, unless" at least thirty (30) days prior to the
present or any future expiration date, we notify you in writing by registered mail
that we elect not to consider this Letter of Credit to be renewable for any
additional period. ..
(f) Unless each and every Letter of Credit is renewed as noted above, the
Municipality shall have the absolute right to refuse to issue building pennits and
to prohibit occupancy of homes, whether partially or fully completed, ftom the
said date thirty (30) days prior to the expiration of that Letter of Credit.
9.3 Reduction of Securities
An application for the reduction of the security on deposit with the Municipality
pursuant to Section 9.2 herein may be made no earlier than thirty (30) days after the
commencement of construction of the Works and every thirty (30) clear days thereafter.
(a) To obtain a reduction in security the Developer shall file with the Municipality's
Engineer a written application in accordance with Schedule ''In attached hereto.
(b) The application shall include written confirmation from the Developer's
Engineer:
· describing the Works constructed as at the date of the application and a
calculation of the cost thereof.
· confinning that the Works have been installed by the Developer with full
time supervision of the Developer's Engineer and in accordance with the
requirements of this Agreement and schedules hereto.
· describing the Works remaining to be completed as at the date of the
application and a calculation of the estimated cost thereof.
(c) The value of the reduction shall be determined by the Municipality's Engineer
who shall give a certificate to the CAO and the Developer confinning the amount
of the reduction of the security and the amount of the security remaining on
deposit with the Municipality.
(d) The value of the reduction shall be based upon the value of the Works remaining
to be completed by the Developer plus ten percent (10%) of the value of the
Works completed to the date of the application.
(e) Subject to any outstanding deficiencies or contingencies, the Municipality
throughout the maintenance period shall hold as security the greater often
percent (10%) of the estimate of the cost of the Works as set out in Schedule "En
or twenty thousand dollars ($20,000.00).
9.4 Statutory Declaration of Accounts Paid
The Developer agrees that upon applying for a discharge of securities or for a
Certificate of Preliminary Acceptance for the services, he shall supply the Municipality
with a Statutory Declaration that all accounts for work and materials for said services
have been paid except nonnal guarantee holdbacks and that there are no claims for liens
or otherwise in connection with such work done or materials supplied for or on behalf
of the Developer in connection with the Subdivision.
23
9.5 The Construction Lien Act, R.S.O. 1990 c. C.30
The Developer agrees that it will hold back in its payments to any Contractor who may
construct the services, such sums·as are provided in accordance with the Construction
Lien Act, R.S.O. 1990, c. C.30, and will otherwise indemnify and save harmless the
Municipality against any claims, actions or demands for construction liens or otherwise
in connection with the works and all costs in connection therewith, and on the demands
of the Municipality's Solicitor will forthwith take such steps to immediately discharge
all Liens upon the services.
Notwithstanding anything to the contrary contained in this Agreement, the Developer
hereby agrees that the filing of any liens pursuant to the said Construction Lien Act,
with respect to the land described in Schedule "A" attached hereto, shall constitute a
default by the Developer of the tenns of this Agreement and shall entitle the
Municipality to draw on any or all of the security referred to in Section 9.2 of this
Agreement and to utilize said draw to make payment into Court of the holdback
together with costs.
9.6 ParüaI Release
-Upon completion of all the requirements of this Agreement, the Municipality will
execute a partial release of this Agreement, which partial release shall be in the fonn
attached hereto as Schedule "K". The completion and registration of such partial
release shall constitute a full and:final release of the obligations of the Developer, with
the exception of lot grading requirements included in Section 6 of this Agreement, as
established hereunder with respect to the lot named therein.
Notwithstanding the foregoing, the CAO shall not be required to execute a partial
release until the various services have been completed in accordance with the tenns of
this Agreement and the plans and specifications provided for herein.
SECTION 10 - SPECIAL PROVISIONS
10.1 The Developer and the Municipality agree that the provisions set forth in the attached
Schedule "M" fonn an integral part of this Agreement.
24
SECTION 11- SIGNATURES
THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
SIGNED, SEALED AND DELIVERED this day of A.D. 2006
~ 206. 17/!!l0, Inc.
( J¿:/~J
( Title:
(I/We have authority to bind the Corporation
(
(THE CORPORATION of THE MUNICIPALITY OF
( KINCARDINE
~ J:lh..-I A. .s.
~ "-
(Mayor 2 ~'ß
( ... .
~
(~o~>-~~
( ef Administrative Officer :.,~
( We have authority to bind the Corpóiati.on
Developer's Address: c/o Dale Walden. 634 Huron Terrace. Kincardine. ON N2Z 2H2
Developer's Telephone: 519-396-4570
Developer's Facsimile: 5 19w396-3374
25
SCHEDULE "A" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
DESCRIPTION OF LANDS BEING SUBDIVIDED
In the Municipality of Kincardine (formerly Town of Kincardine), County of Bruce, Province of
Ontario, being composed of:
All of Block B, Registered Plan M-35, Town of Kincardine, and Part of Park Lot 4, West of
Saugeen and Goderich or Huron Road, Town plot ofPenetangore, Town of Kincardine.
26
SCHRDULE"B"OFAGREEMENT
NOTE: It is understood and agreed that this Schedule fonns part of the Municipality's
Agreement.
PLAN OF SUBDMSION
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27
SCHEDULE "C"OFAGREEMENT
NOTE: It is understood and agreed that this Schedule fonns part of the Municipality's
Agreement.
MUNICIPAL SERVICING STANDARDS
1.0 GENERAL
Service Layout Plan
A copy of the General Plan shall be submitted to the Municipality identifying the
proposed locations of Bell Cables, electrical servicing, gas mains, co-axial television
cables as well as watennains, stonn sewers and sanitary sewers. All locations must be
established and resolved by the Developer's Engineer in conjunction with the Utility
companies and following the locations shown on the Municipality's Typical Cross-
Section.
2.0 PLANS AND DRAWING REQUIREMENTS
Plan and profile drawings must be prepared in a digital fonnat, which is compatible with
AutoCAD Release 14, and on velum or mylar, for all new streets within the Municipality.
These digitized files and drawings, and also digitized files and drawings showing details
of special structures, etc., shall be prepared by a Professional Engineer and turned over to
the Municipality as a pennanent record prior to the acceptance of services required to be
provided by the developer.
The following standards shall be,adhered to in preparation of these drawings:
(a) All profiles must be shown to the geodetic datum which is noted on each
drawings.
(b) In general, East-West streets shall have zero chainage at their Westerly limits and
North-South streets shall have zero chainage at their Southerly limits. Chainages
on Plan and Profile shall increase ftom left to right.
(c) Drawings shall be of a consistent size - 594 mm x 841 mm.
(d)
Scales shall be as follows for drawings:-
General Layout Plan Scale Ratio
Plan-Profile Drawings Horizontal
Vertica1
or Horizontal
Vertieal
Ratios shall be shown on all drawings.
- 1:1000
- I :250
~ 1:50
~ 1 :500
·1:100
(e) When the plan must be broken because of curvature, etc., the profile shall be
broken as well, so that, insofar as possible, chainage points in plan and profile
will coincide vertically.
(f) The beginnings and ends of curves must be shown on the plan and profile with
the radius of curvature shown on the plan. Chainages of points of curvature shall
be calculated.
(g) The chainage and names of intersecting streets shall be shown in plan and profile.
The drawings shall show clearly the proposed profiles, road widths and cross-
sections, ditches, ditch gradients, curb gradients if different ftom the proposed
services, north sign and limits of the proposed work. The plan shall show any
required off-s1reet drainage and separate profiles shall be prepared for drainage
easements. All detail for intersecting streets including grades must be shown for
a distance of SO metres from the intersection of the intersecting street. All street
lines, for drainage or services, shall be shown and all easements.
28
(h) The Municipality shall be named in the title block which shall be placed in the
lower right comer.
(i) On completion of the work, and prior to acceptance of the services, the drawings
shall be completed "As Recorded" and dated before turning over to the
Municipality. The Municipality shall be consulted as to the manner of showing
information not set out in these requirements. The Developer's Engineer shall
add his Professional Engineer's seal to all final drawings.
3.0 ROADS (URBAN)
3.1 General
All roadways shall be serviced by storm sewers and concrete curb and gutter. Road
allowances shall be a minimum of 20 metres wide. The edge of the roadway paved
surface shall have a minimum radius of 9 metres at intersection. Access roads not owned
by the Municipality, leading to the area of the development, shall be maintained to a
standard equal to the standards for roadways within the development. On all streets,
horizontal and vertical sight distances and vertical curves shall meet Ministry of
Transportation (M.T.O.) requirements.
Street allowances on cul-de-sacs are to have a minimum radius of20 metres. Edge of
pavement radius on cul-de-sacs are to be a minimum of 13 metres.
Minimum road asphalt width shall be 8.5 metres. The finished roadways shall have a
crossfall of 2% ftom the centerline to each curb line, and the boulevards shall have a
finished crossfall of a minimum of2% and a maximum of 8% from the top of curb to
back of boulevard, draining towards the curb.
3.2 Clearing and Grubbing
Trees shall be removed so that the specifications for sight distances, grading, ditching,
etc., may be met. All stwnps, logs, brush, boulders, debris, etc. shall be removed from
the entire street allowance. Unless noted otherwise, all healthy trees not obstructing
visibility or installation of services shall be preserved. The Municipal Engineer may give
special permission to leave trees on the street allowance, providing that they are situated
more than 1.5 metres behind the curb.
3.3 Grading
A 2 metre boulevard area behind the curbs shall be graded at a minimum of 2% towards
the curbs. The area from the edge of the road boulevard to the street line shall be graded
with a side slope not exceeding a slope of 3 metres horizontal to 1 metre vertical to meet
the original ground. All side sloped ditches and boulevards to the street line shall be
protected with nursery sod over a minimum depth of 100 mm of topsoil.
3.4 Road Construction
All road construction shall conform to applicable standards of the Ontario Provincial
Standard Specifications (OPSS) and the Ontario Provincial Standard Drawings (OPSD).
The granular roadbase shall consist of a bottom course of 300 mm minimum depth
consolidated Granular "B" full width across the roadway and a top course of 150 nun of
Granular HA" full width between concrete curbs. The granular materials shall be spread.
in layers of 150 mm maximum compacted depths, and each layer shall be thoroughly
compacted. No granular base of surface material shall be placed until the grade on which
it is to be laid has been inspected and approved by the Municipal Engineer. During and
between construction seasons, the granular base shall be maintained suitable for vehicle
and pedestrian traffic, including dust control by calcium chloride and renewed if required
to the satisfaction of the Municipal Engineer.
Road subdrains shall be provided in accordance with OPSS 405.05. The subdrain shall
include filter wrap (non-woven type) Class 1 and F.O.S. Of 130 - 100.
29
3.5 Roadway Suñace Asphalt
As soon as the granular base has been completed, it shall be thoroughly compacted and
shaped and the base course of asphalt placed. The base course shall consist of 50 mm
minimum thickness of HL-4 Base Course Asphalt. The surface coat of asphalt may be
placed upon the approval of the Municipal Engineer which shall not be given for at least
one year from the date of placement of the base course of asphalt or until 50 percent of
the houses have been constructed. The suñace course asphalt shall consist of 40 rom
minimum thickness ofHL-3 Surface Course Asphalt. Asphalt work shall conform in all
respects to OPSS 310.
3.6 Curbs
Concrete curb and gutter, of cross-section approved by the Municipal Engineer, shall be
provided along all edges of paved roadway surface. Terminations at the limits of the
subdivision shall be either joined to eXisting concrete curbs or rounded to reduce hazard
to traffic. Construction shall conform to OPSS 353.
3.7 Jlccessib~~
As part of construction of any concrete curb and gutter, sidewalks or other surface
structures, the Developer will be responsible for construction in accordance with the
Municipality's current accessibility s~dards to provide ftùl access where possible, to all
individuals in the community.
3.8 Driveway Aprons
The Developer will provide at each driveway, or will cause to be provided by subsequent
Owners, a driveway apron from the back of the curb to the face of the sidewalk or where
there is no sidewalk, to the limit of the property line. This driveway apron should be hard
surfaced with either 50 rom of asphalt pavement or a minimum of 100 rom of concrete
pavement over the granular base, consisting of a minimwn of 100 mm of granular "A"
and 200 mm of granular "B". Alternatives to these surfaces may be considered subject to
the approval of the Municipality.
3.9 Turning Circles
Where construction is phased, the Municipality may require the installation of temporary
turning circles. These turning circles will be constructed in accordance with the
requirements for cul-de-sacs in Section 3.1 of this Schedule. Elsewhere in the Agreement
are provisions for conveyance of blocks for the construction of said circles.
4.0 STORM DRAlNAGFJSTORMW A TER MANAGEMENT
4.1 Approval of Design and Plans
Stonn sewers shall be provided to serve the whole of the subdivision. Drawings shall
consist of an overall plan, a plan and profile of each storm sewer, drawn to the same scale
as the roads, pipe bedding, manholes, and other appurtenances. Design of the proposed
works must be submitted to the Municipal Engineer and applicable government agencies
for approval. Plans of the entire system shall be submitted to the Ministry of the
Environment for approval. Approval for construction will not be given until the
Certificate of Approval for the sewers bas been received from the Ministry of the
Environment and all other applicable government agency approvals has been received.
30
4.2 Stormwater Management Report
A Stonnwater Management Report setting out the existing and proposed drainage pattern
together with a Lot Grading Plan and an Erosion and Sediment Control Plan shall be
submitted to and approved by the Municipal Engineer, the local Conservation Authority
and the Ministry of the Environment.
The stonnwater management requirements within the Municipality shall be those of the
local Conservation Authority or as listed below. The general requirements are as follows:
· Quality and quantity control- as dictated by the local Conservation Authority and
MOE requirements in accordance with the MOE "Stonnwater Management Practices
Planning and Design Manual" or the most recent version thereof. Quantity control
shall restrict post-development runoff flows to pre-development flows between the 5
and 100 year events.
· The design stonn for the minor systems shall be the 5 year stonn for local stonn
sewers and the 10 year stonn for trunk facilities.
· Sediment and erosion control measures associated with the stonnwater management
requirements shall be identified on the drawings for works to be included during the
construction and for permanent measures.
4.3 Connection to Municipal System
The storm sewers shall be connected to the Municipal stonn sewer system or discharged
to a natural watercourse as approved by the Municipality and the Ministry of the
Environment.
4.4 Design Criteria
The stormwater management system shall be designed by using MIDUSS version 4.72.1
or an alternate approved hydrologic model. The Developer's Engineer shall consult the
Conservation Authority as to the appropriate stonn distribution and duration to be used.
The Developer's Engineer shall advise the Municipal engineer in writing as to the
Authority's requirements. The minor system (stonn sewer) shall be designed to convey
the 5 year design stoOD, while the major system' shall be designed to convey the 100 year
design storm. Post-development runoff flows shall be controlled to pre-development
levels for rainfall events with return periods between 5 and 100 years. The design of the
stormwater management system shall be in accordance with the newest version of the
"Stonnwater Management Practices, Planning and Design Manual", as prepared by the
Ministry of the Environment.
4.5 Location
The stonn sewer shall be located within the street, with lateral connections to catch basins
located along the gutter lines. '
4.6 Sewer Pipe Material
Sewer pipe material shall be Concrete Pipe, or approved alternate, complete with rubber
gasket connections Class C14 ES or reinforced concrete pipe of the class required for the
depth of cover. The minimum size, including catch basin leads, shall be 300 mm. The
Municipality may require a larger stonn sewer size on parts of the subdivision than
required for the subdivision alone.
31
4.7 Storm Sewer Construction
Storm sewer construction and pipe bedding shall conform to the requirements of the
Ontario Provincial Standard Specifications for sewer construction. Pipes shall be bedded
in approved granular materials.
Catch basin leads shall be connected to the main sewer with a manhole except where the
main sewer size exceeds 450 nun diameter, in which case the lead can be connected
directly to the main sewer using a factory manufactured "Tee".
4.8 Manholes and Catch Basms
Concrete manholes shall be provided at all changes in direction of the sewer and at all
street intersections, but no further apart than 120 m. Manholes shall be 1200 mm
diameter or larger, conforming to OPSD Series 700. Benching shall be provided in all
manholes. Catch basin manholes shall contain a swnp or minimwn depth of 300 nun
below lowest invert on sewers up to and including 450 mm diameter.
Frames and covers shall be OPSD 401.01 Type A, or approved equal, set on not less than
three (3) layers nor more than six (6) layers of brick which shall be parged on the outside
face.
Catch basins shall be provided on both sides of the street at all low areas but no further
apart than 90 m. Catch basins for depth up to 2 m from ground level to invert shall be
600 mm square concrete confonning to OPSD 705.01. For greater depths, catch basins-
manholes shall be used confonning to OPSD 701.03.
4.9 Private Drain Connections
Private drain connections to the storm sewers shall be provided for each residential unit.
A 100 nun diameter connection suitable for receiving pumped sump flow from footing
drains will be placed at a depth of 1.4 metres from the property line on each lot.
5.0 SANITARY SEWERS
5.1 Approval of Plans
Plans of the entire system shall be submitted to the Ministry of the Environment and the
Municipal Engineer for approval. This submission shall consist of an overall plan, a plan
and profile of each main sewer drawn to the same scale as the roads, together with typical
details of house service connections, pipe bedding, manhole covers, all special bends and
connections and other appwtenances. Approval for construction will not be given until
the Certificate of Approval for both sewers and sewage treatment facilities has been
received from the Ministry of the Environment.
The main sewers shall be located along the centre of the street allowance. House
connections shall tenninate at the property line at the centre of each lot.
5.2 Location
5.3 Material
Main sewers shall be P.V.C. or approved alternate. House connections shall be P.V.C. or
approved alternate. All joints shall be of the rubber gasket type as approved by the
Municipal Engineer. Approved caps shall be provided for service lateral terminations.
5.4 Size
The minimum size for main sewers shall be 200 nun diameter. House connections shall
be a minimum of 125 nun in diameter. For multiple dwelling, industrial or commercial
buildings, the service connections shall be sized to accommodate the flow.
32
5.5 Sanitary Sewer Construction
Sewer construction and pipe bedding shall conform to the requirements of OPSS 410 for
sewer construction. A m1n1mum 2.0 metre depth of cover shall be provided over all
sanitary sewers and service laterals.
5.6 House Connections
Plan locations and invert elevations, for all house connections at the street line, shall be
shown on the drawings. Minimum fall on house connections shall be 2%; maximum 8%.
Where the depth of sewer is excessive, a riser may be used over the main sewers. Shop
manufactured "Tee" connections shall be used for house connections to the main sewer.
A cap of approved manufacture shall be installed on each service lateral termination at
the street line and made watertight. The ends of all services sha11 be marked by a 50 nun
x 100 mm wood post extending from the service to 300 mm above the surface of the
ground and the top section painted fluorescent green. Connections to manholes shall
enter the manhole no higher than 0.5 m above the lowest invert, except as otherwise
approved by the Municipal Engineer.
5.7 Manholes
Concrete manholes shall be provided at all changes in direction of the sewer and at all
street intersections, but no further apart than 120 m. Manholes shall be 1200 mm dia.
Conforming to OPSD 701.010. Benching shall be provided in all manholes.
5.8 Testing and Flushing of Sewers
The complete sewer system, including house connections, shall be tested and flushed in
accordance with OPSS 410, including the requirement for camera inspections. , The
Developer shall atTange the tests for sections of sewer between manholes and shall infonn
the MW1icipal Engineer when a section is on test and ready for inspection. Any sections
of sewer which fail to meet the requirements of this section shall be repaired and retested.
The complete sewage collection system installation must be approved by the Municipal
Engineer prior to the issuance of building permits for the subdivision.
5.9 Completion and Acceptance
6.0 W ATERMAINS
6.1 Approval of Plans
Plans of the entire system shall be submitted to the Ministry of the Environment and the
Municipal Engineer for approval. This submission shall consist of an overall plan, a plan
and profile of each watennain drawn to the same scale as the roads, together with typical
details of house service connections, pipe bedding and other appurtenances. Approval for
construction will not be given until the Certificate of Approval for the watermain system
has been received fÌ'om the Ministry of the Environment.
6.2 Locations
Watennain: The watermain shall typically be installed within the boulevard of the
street, in accordance with the Municipality's Typical Cross-Section.
Service Lines: In general, house services shall not be installed in driveways. Where the
driveway location is unknown at the time of watennain construction,
service connections shall terminate at the property line at the centre of
each lot.
Main Valves: To be located at the extension of property line, where the valve is being
installed at intersections.
33
Curb Stops: To be provided for each service connection and to be located at the lot
line.
6.3 Connection to the Municipal System
In general, the waterm.ains shall be looped to existing municipal systems.
6.4 Material and Size
Watennain:
Gate Valves
and Boxes:
Fittings:
Hydrants:
Services:
Watermain material shall be Polyvinyl Chloride PVC-C-900 Class 150
(DR-IS). Pipe joints shall be bell and spigot with rubber gaskets.
Valves shall be resilient seated gate valves. Main line valves to be MJ
type with standard operating nut. Hydrant valves to be MJ to MJ gate
valve with standard operating nut.
All valves to be supplied with AO@ ring packing for water use and open
counter-clockwise.
Valve boxes shall be Canada Valve screw type with No.6 base.
Tapping valves and sleeves must meet with approval of the Operating
Authority.
Resilient-seated gate valves shall be in accordance with A WW A C509
All fittings shall be ductile iron cement mortar lined mechanical joint
(MJ) type with adaptors to suit other materials, where necessary. All
fittings must be suitably thrust blocked using concrete thrust blocking as
per OPSD 1103.010 or 1103.020. A polyethylene banier shall be used to
prevent a bond between the fitting and the concrete.
Ductile iron fittings shall be in accordance with A WW A ClIO and the
rubber-gasket joints for ductile iron fittings shall be in accordance with
A WW A Clll, pressure rating 1 035~a.
Pire hydrants shall be the Mueller Canada Valve New Century type or
approved McA vity equivalent. Hydrant specifications as follows:
· 2~64 rom hose connections
· B pumper connection
· Hydrants shall open counter-clockwise
· Colour shall be RED
· Operating nut shall be standard
· Hydrant length shall be such that the bottom of the upper barrel shall
be 100 mm above finished grade
· Bury depth 1.7 m.
Dry-barrel fire hydrants shall be in accordance with A WW A C502.
Min. 19 mm, Max. 50 mm
· Corporation stops - Mueller, C.C. thread inlet! compression joint
outlet.
· Curb Stop - Mueller, compression joint inlet! compression joint outlet
or approved equivalent.
· Pipe ~ to be 19 rom Type "K" copper tubing.
· Service Boxes - Model No. D-l by Concord~Clow or Mueller
equivalent. Service box and stem (1.4 m to 1.7 m) with 25 rom dia.
steel upper section. Box lids shall be regular ribbed with brass
pentagon plus C/W standard stationary rod.
· Service saddles - Model No. 2616 by Robar Industries Inc., stainless
steel, double bolted, broad band.
34
Underground service line valves and fittings shall be in accordance with
AWWAC800.
Model numbers shall be stamped on all valves and materials.
Anodes: 5.5 kg; zinc casting with a galvanized steel core, packaged in a cardboard
or cloth bag of minimum diameter of 100 rom. GypsumJbentonite backfill
material (electrical resistivity <50 ohm em wet). Insulated copper wire
brazed to core wire.
Tracer Wire: All PVC watennain to be provided with a No. .10/7 strand copper cable
having TWH insulation.
6.S , Watermain Construction
All watermain and appurtenances to be installed, bedded and backfilled in accordance
with current Ontario Provincial Standard Specifications and to the satisfaction of the
Municipality.
Minimum 1.7 metre depth of cover over all mains and services.
Main valves and hydrant sets shall, generally, be located at a maximum spacing of200
metres and 120 metres, respectively.
At main intersections, a main valve shall be provided at each direction ftom the
intersection, less one.
Zinc anodes to be supplied and installed on services.
6.6 Flushing, Testing and Disinfection
All watermain shall be tested, flushed, swabbed and disinfected. Such procedures shall
be in accordance with OPSS 701 for pressure testing and A WW A C6S 1-99 for
disinfection and connection to the waterworks system. The Developer shall inform the
Municipal Engineer when the watermain is to be tested and disinfected. Bacteriological
testing will be completed by the municipal operating authority. The Developer will be
billed for any testing or retesting required. Any failure of the testing and disinfecting
shall require the Developer to reflush, retest and/or redisinfect the watennain until the
watermain has met the requirements of the Ontario Provincial Standard Specifications
and the MOE, to the satisfaction of the Municipality.
6.7 Completion and Acceptance
The complete water distribution system installation must be approved by the Municipality
prior to the issuance of building permits for the subdivision.
7.0 SIDEWALKS
A 1.5 metre'sidewalk shall be constructed on one side of each street within the
development. Sidewalks shall have a minimum depth of 125 nun and shall be bedded in
granular in accordance with the cummt OPS standard details.
35
8.0 UTILITIES AND STREET LIGHTING
8.1 Telephone
Telephone service shall be underground and shall be installed by B.M.T.S. or Hurontel.
The Developer must bear the cost of any surcharges for underground installation made by
the Utility and must grant the Utility any easements for their services.
8.2 Electrical
Underground electrical installation shall be completed to the satisfaction of the local
power supplier based on their most CUlTent specification.
8.3 Cable T.V.
Developers shall arrange to have Cable T.V. installation completed by the local supplier.
8.4 Strèet Lighting
The minimum standard for street lighting shall be 100 watt High Pressure Sodium Lamps
set on 9 metre poles, or as directed by the Municipality. Each light must be controlled by
a dusk to dawn photo-electric cell. Power feed shall be completely underground. The
lights shall generally be placed to the outside of curved roads. The maximum allowable
spacing along the street between the lights shall be 50 metres but may be increased, at the
Municipality's direction, to a maximum of75 metres (in special instances). The poles
must be installed at the location as shown on the Municipality's Typical Cross-Section.
Particular care shall be taken to adequately illuminate the intersections and cul-de-sacs.
9.0 LOT GRADING
9.1 House Lot Grading
Generally, all lots shall be excavated or filled so that the whole of the lot area from the
street line to a line at least 3 metres beyond the rear of the building shall have an
elevation not less than 0.5 metres or more than 2 metres higher than the finished crown of
the road opposite the centre of the lot. In situations where the slope of the land justifies
different requirements, the Municipal Engineer may pennit variations of the above. A
plan showing proposed lot grades and house floor levels shall be submitted to the
Municipal Engineer for his approval, and the Engineer retains the right to amend any of
the grades proposed if the Engineer considers a particular situation so WaITants.
10.0 LANDSCAPING
Boulevards along each street shall be topped with a minimum of 100 mm of topsoil.
Seeding shall be completed in all boulevard areas.
A tree shall be planted on each lot within 1 year of the date of completion of the Stage 2
services. Trees shall be 60-70 mm diameter measured 500 mm above the ground. All
trees shall be No.1 nursery stock. The type of trees shall be approved by the
Municipality. These shall be staked to Municipal specifications. Trees shall be watered
at the time of planting and every two weeks thereafter and the Developer shall warrant
trees for a period of one year ftom the date of planting. Planting shall be limited to the
spring and fall seasons.
36
11.0 EROSION CONTROL
During construction the Developer shall ensure that surface runoff from the lots and
blocks as well as the roadways is protected from erosion by the use of silt fences, straw
bales and other measures designed to minimize such erosion. Temporary outlets at
culverts or catch basins shall be checked to prevent silts from entering into storm sewers
or water courses. Such erosion control measures shall be shown on the drawings for
approval by the Municipal Engineer and the Conservation Authority.
12.0 WALKWAY
All walkways shown on the plan of subdivision shall be constructed by the Developer.
Walkways shall be constructed of alSO mm minimum depth of Granular "A" on a
properly constructed foundation and shall be paved with a concrete sidewalk to a
minimum width of 1.5 metres and a minimum depth of 125 mm.
A· standard 1.5 m high chain link fence shall be placed along both sides of the right-of-
way with posts placed at each end to prevent vehicular traffic from using the walkway.
13.0 PARKLAND IMPROVEMENTS
The area of land deeded to the Municipality for Public purposes, other than highways,
shall be carefully graded, care being taken to preserve any trees. The whole area shall be
top dressed with a minimum of 100 mm of topsoil and shall be seeded with approved
lawn seed mix (OPSS 572).
The Municipality may ask and provide details within this agreement for additional
Parkland improvements as might be warranted.
14.0 TRAFFIC AND STREET SIGNS
14.1 Proposed street names shall be subject to the approval of the Municipality
14.2 Street Name Signs and House Numbering
At each intersection there shall be erected an approved double unit street name sign. The
signs and posts will be provided by the Municipality at the Developer's expense.
14.3 Traffic Signs
Traffic signs and posts will be provided by the Municipality at the Developer's expense,
following the passing of a by-law for their installation.
14.4 Guide Posts
On Fills higher than 2 metres, timber guide posts or guard rails shall be installed
conforming to OPSS and OPSD Standards.
15.0 PAYMENT TO SUBDIVIDERS
The Municipality shall not be liable for any costs arising out of the construction of
services except under the following conditions.
a) Where a storm sewer is larger than requir~ the Municipality may pay the
difference in cost for supplying the larger size pipe and any additional manholes
required for completion of the system.
37
b) When a sanitary sewer in excess of 250 nun diameter is required, for lands outside
the subdivision, the Municipality may pay the difference in cost for the supply of
the larger size pipe. .
c) When a watennain in excess of200 nun diameter is required, for lands outside the
subdivision, the Municipality may pay the difference in cost for the supply of the
larger size pipe and fittings.
16.0 TYPICAL ROAD CROSS SECTION
A typical urban road cross section is attached.
38
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39
SCHEDULE "D"OFAGREEMENT
Note: It is understood and agreed that this Schedule fonns part of the Municipality's
Agreement.
CHECKLIST OF WORKS TO BE CONSTRUCTED
1. , Roads complete with asphalt paving and curb and gutter lID
2. Stonn Water Management Plan, stonn sewer system, and
private drain connections. IX!
3. Sewage Pumping Station, Sanitary sewers and building connections
to the lot line lID
4. Water distribution system, fire protection and building connections
to the lot line /XI
5. Grading and requirements of a site grading plan lID
6. Underground electrical distribution system and an electrical service lID
7. Street lighting lID
8. Utility obligations - telephone, cable t.v., gas service lID
9. Sidewalks lID
10. Topsoil and sod on boulevard from property line to curb ŒI
11. Pedestrian walkways. r
12. Vegetation retention plan. r
13. Lot house nwnber signs. IX!
14. Street name signs. IXI
15. Traffic signs, as required. !XI
Note: Works Required Denoted by r
40
SCHEDULE "E" OF AGREEMENT
Note: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
ITEMIZED ESTIMATE OF COSTS OF CONSTRUCTION
OF EACH PART OF THE WORKS
ITEM AMOUNT
1) Mobilization, bonding, etc. 12,000
2) Road Works 128,700
3) Sanitary Sewers and Appurtenances 313,300
4) Watermain and Appurtenances 81,700
5) Stonn Sewers 96,800
6) Electrical 46.000
Subtotal 678,500
7) Engineering Allowance 34,000
Total w/o G.S.T. 712,500
G.S.T. (rounded) 50,000
Total Security 762,500
41
SCHEDULE "F" OF THE AGREEMENT
Note: It is understood and agreed that this Schedule fonns part of the Municipality's
Agreement.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES - CLAUSE 6.3
None
42
SCHEDULE "G" OF THE AGREEMENT
NOTE: It is understood and agreed that this Schedule fonns part of the Municipality's
Agreement.
OWNER'S FINAL GRADING CERTIFICATE
The undersigned hereby certifies to the Corporation of the Municipality of Kincardine (the
"Municipality") that the foundations of the buildings and structures and any openings in any such
foundation walls constructed on the following property:
STREET NO.
STREET
MUNICIPALITY
LOTIBLOCK
REGISTERED PLAN NO.
Have been constructed, at or above the elevations illustrated on the overall Certified Building
Lot Site Plan (as approved by or on behalf of the Municipality) referred to in the Agreement
registered against the title to the above property as shown on the as-built grading survey
attached.
The undersigned further certifies to the Municipality that:
DATED at
, Ontario this
day of
, 200_.
1. The final grading of the above referred to property has been completed in substantial
compliance with the Certified Building Lot Site Plan referred to in the Agreement.
2. The grade elevation of all lot boundaries and comers including the front lot comers of the
property are in substantial compliance with the Certified Building Lot Site Plan; and
3. The above lot has been graded to provide positive drainage in the ftont, rear and sideyard and
that there is no area of the property which is subject to ponding of water; and
4. That in all cases, the final grading confonns to the intent of the grading plant.
This certificate is given and delivered to the Municipality in full knowledge that the Municipality
relies on this certification in providing a release of the applicable Agreement affecting this
property.
Signature of OLS/Professional Engineer
NOTE: Copies ofthÎS Owner's Final Grading CertifICate are available at the Municipality's
Building Department.
43
SCHEDULE "H" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
LANDS FOR MUNICIPAL PURPOSES TO BE CONVEYED TO THE MUNICIPALITY
Blocks 30, 31, 33
LIST OF EASEMENTS TO BE GRANTED TO THE MUNICIPALITY
3.0 m easement for drainage purposes between Lots 12 and 13.
LANDS TO BE CONVEYED TO THE MINISTRY OF TRANSPORTATION
Block 32
44
SCHEDULE "I" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule fonns part of the Municipality's
Agreement.
NO OCCUPANCY AGREEMENT
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of other
good and valuable consideration and the sum of One ($1.00) Dollar of lawful money of Canada,
the Parties hereto mutually covenant and agree as follows:
1. In consideration of the Corporation of the Municipality of Kincardine issuing a building
pennit to the Owner for
, the . Owner
covenants and agrees that it will not apply for an occupancy pennit until the above
referred to services have been installed to the satisfaction of the Municipality;
2. The Municipality hereby acknowledges that it has a cash deposit from the Developer in
the sum of and will use its best efforts to see to it that the
above referred to services are completed by:
THIS AGREEMENT shall be binding upon and enure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
SIGNED, SEALED AND DELIVERED
This day of , 200_.
(
(
(
( DEVELOPER (NAME OF DEVEWPER)
(
( THE CORPORATION OF THE
( MUNICIPALITY OF KINCARDINE
(
(
( Mayor
(
(
( CAO
( We have authority to bind the Corporation.
45
SCHEDULE "J" OF AGREEMENT
Note:
It is understood and agreed that this Schedule fonns part of the Municipality's Agreement.
APPLICATION FOR REDUCTION OF SECURITY
To:
(Name of Municipality's Engineer), Engineer, Municipality of Kincardine
Developer:
(Name of Developer)
Agreement:
(Date of Agreement)
Property:
(Legal Description of Property)
Application No.
(Specify nwuber of application)
The undersigned, (Name of Developer's Engineer) being the Developer's Engineer, hereby
confinns that the Works constructed as' at the date of this Application have been installed by the
Developer under the full time supervision of the Developer's Engineer and in accordance with
the requirements of the Agreement between the Developer and the Municipality.
The Works installed to the date hereof and the calculation of the cost thereof are detailed in the
schedule attached hereto.
Further, the undersigned Developer's Engineer hereby confirms that the Works remaining to be
constructed as aíthe date of this Application and the calculation of the estimated cost thereof are
also detailed in the schedule attached hereto.
This Application is given and delivered to the Municipality's Engineer with full knowledge that
the Municipality's Engineer and the Municipality will rely upon the infonnation contained herein
in granting a reduction of the security held by the Municipality pursuant to Section 9.2 of the
said Agreement affecting the above property.
DATED at
, Ontario this
day of
,200_.
Signature of Developer's Engineer
Name of Developer's Engineer
46
SCHEDULE "K" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
FORM OF PARTIAL RELEASE:
PARTIAL RELEASE
IN FAVOUR OF:
Herein called the "Owner"
WHEREAS the Owner entered into certain obligations in favour of the Corporation of the
Municipality of Kincardine under an Agreement registered against the lands hereinafter
described as Instrument No.
AND WHEREAS the Owner has satisfied and fulfilled all of those obligations.
NOW THEREFORE the Corporation of the Municipality of Kincardine releases the Owner from
the obligations contained in the said Agreement, with the exception of the lot grading provisions
in Section 6.5 in said Instrument No. . as amended, and certifies that all other provisions of
that Agreement, as amended, are no longer binding with respect to the said lands. The lands
released hereby are:
ALL AND SINGULAR that certain parcel or tract ofland and premises situate, lying and being
in the Municipality of Kincardine ( ), County of Bruce and being composed of Lot
Registered Plan . the Municipality of Kincardine has, by Bylaw ,
registered in the said registry office as Instrument No. , provided that this Partial
Release shall be executed by the CAO and sealed with its seal.
DATED this
day of
,20_
47
SCHEDULE "L" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule fonns part of the Municipality's
Agreement.
CONDITIONS OF DRAFT APPROVAL
The Conditions of Draft Approval for File No. 41 T -89023 for the Corporation of the County of
Bruce as attached hereto for infonnation only.
OWner:
File No:
Municipality:
SUbject Lands:
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Durwood Estates (Dale Walden)
41T -89023
Municipality of Kincardine
AU of Block'S' Registered Plan M·35 and Part of Park Lot 4, West of
Saugeen and GoderiCh or HLf'OI'I Road. Townplot of Penetangore
June 28, 1990
November 8. 2005
Date of Draft Approval:
Oat. of Revised Approval:
The Council of the Corporation of the County of BNce hereby issues Draft Approval to Subdivision File
No. 41T-B9023. which pertains to All of Block'S' Registered Plan M-35 and Part of Park Lot 4, West of
Saugeen and Goderich or Huron Road. Townplot of Penetangore. now in the MunicipaUty of Kincardine.
The following conditions have been established by the County of Bruce and must be met prior to the
granting of final approval:
No. Condition
IdentlflCstion
1. That this approval applies to Plan of Subdivision File 41T.a9023 for DulWOod Estates in the
Municipality of Kincardine (fonner Town of Kincardine) prepared by D. Culbert ltd. dated
September 30, 2005 shoWIng the foJlowing:
Lots 1 to 29 inclusive
BlOCk 30
Block 31
Block 32
Block 33
· low density residential (29 lots)
- Parkland
- Environmental Protection Block
· 0.3 metre road resØlVe
· Parkland
Public Roads and Walkwavs
2, That the road aUOwsnces shown on this Plan of Subdivision shall be dedicated on the final plan
as a public highway to the appropriate road authority.
3. That the street(a) shall be named to the satisfaction of the Municipality of Kincardine.
4. That any dead ends and/or open sides of road allowances oreatecl by this Plan of Subdivision
shall be terminated in 0.3 metre reserves to be conveyed to and held, In trust, by the Munic:.lpality
of Kincardine until required for future road altowances or the døvek)pment of adjacent land.
Parkland/environmental Protection
5. That the Owner conveys land In the amount of 5% of the land included in the Plan for residential
purposes to the MunlclpeHty of Kincardine for park purposes pursuant to the provisions of Section
51 (5)(a) of the Planning At;t R.S.O. 1990 c.P.13. Alternatively, the Municipality of Kincardine may
accept cash-/lHleu for a portion of the said conveyance and under provisions of Section 51(8) of
the Planning Act, R.S.O. 1990 c.P. 13 the Municipality of Kincardine is hereby authorized to do so.
6. That the Owner deed 'Blocks 30, 31 and 33' to the Municipality of Kincardine. AU Blocks
transferred by deed must be free and dear of all mortgages, liens, and encumbrances.
Page 1 at6
Subdivision Agreement
7. That the Owner enter Into a SubdMsJon Agreement wtth the Municipality of Kincardine agreeing
to satisfy all the requirements. financial and otherwise, of the Town concerning the provision of
roads, installation of services, facilities and drainage.
48
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
OWner:
File No:
Munlc=ipallty:
Subject Lands:
Date of Draft Approval:
Date of Revised Approval:
Durwood Estates (Dale Walden)
41T..ø9023
Munlçipallty of Kincardine
All of Block 'B' Registered Plan ~35 and Part of Park Lot 4, West of
Saugeen amf Goderich or Huron Road. Townplot of Penetangore
June 28, 1990
November 8. 2005
No. Condition
8. That prior to Final Approval, the Saugeen Valley ConservaUon Authority provide wrItten
confirmation that the SubdMslon Agreement betWeen Ihe Owner and the Munjçipallty of
Kincardine addresses an the requirements ofths Conservation Aulhority.
9. That Ihe SubdivisiOn Agreement be registered by the Municipality of Kincardine against the land
to which It applies and a' copy of the registered agreement be forwarded to the County of Bruce
prior to Final Approval of the subdivision plan.
Phasina and LaDslno Date
10. That the OWner agrees to stage the develOpment of this plan of subdivision in a manner
satisfactory to the Municipality of Kincardine.
11. That the Draft Approval for Plan of Subdivision 41 T -89023 for Derwood Estates in the
Municipality of Kinc:ardlne shall lapse on November 8. 2008 unless it has been extended by the
County of Bruce. .
Easements
12. That·the Owner agrees to grant sUCh easements as may be required for utility or drainage
purposes to the Municipality of Kincardine or other appropriate authority.
Services
13. The Owner agrees to make satisfactory arrangements with the appropriate electric provider for
the provision of pennanent or temporary electrical services to this plan.
14. The OWner agrees to make satisfactory arrangements for the provision of permanent or
temporary tetecommunlcatlons services, gas and cable services to this plan.
Zenina Bv-law
15. That the County of Broce be advised by the Municipality of Kincardine that the Plan of
Subdivision confonns with the Zoning By-law approved under the Planning Act.
16. That the County of Bruce be advised by the Saugeen Valley Conservation Authority that the
environmental zoning provisions applied to the Plan of Subdivision are to their satisfaction.
Warnina Clause - Public Walkwavs/Municioal RoadwavslBuildlna Restrictions
17. That the Owner enter into an Agreement with the Municipality of Kincardine that the following
warning olause be included In every Purchase and Sale Agre&rnent for lots 19 and 20:
·Public Wslkwøys
PulChasefl are 8dvised that Lots 19 and 20 aþul Block 311h8t has been designated for use as a
potential Public Walkway. ·
Page2of6
49
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner:
Ffle No:
Municipality:
Subject Lands:
Date of Draft Approval:
Date of Revised Approval:
DulWOOd Estates (Dale Walden)
41T-89023
Municipality of Kincardine
All of Block'S' Registered Plan M-35 and Part of Park Lot 4, West of
Saugeen and Goderich or Huron Road, Townplot of Penetangore
June 28, 1990
November 8, 2005
No. Condition
18. That the Owner enter into an Agreement with the Municipality of Kinçardine that the fOllpwing'
waming clause be Included in every Purchase and Sale Agreement for Lots 1·13 inclusive: '
"Public WaJkwaysITraiI
Purchasers are advised that Lots 1-13 inclusive abut lands that have been designated for use as
B potential PubJIc WallcwayRraII. ..
19. That the OWner enter Into an Agreement with the Municipality of Kincardine that thlp fÔllowing
warning clause be itICIuded In every Purchase and Sale Agreement for Lots 23-029:
"Municipal Roadway
Purchasers of LDts 23-29 are advised that these lands abut WeHington Avenue (currently no".
travallad) that may be usedIconStructed as a municipal fOBdwsy in the future,"
20. That the OWner enter Into an Agreement with the Munlcfpallty of Kincardine that the foIIowirlg
warning clause be included in every Purchase and Sale Agreement for lois 1-24 inclusive:
"BuildIng Restrictions
Purch88Ðrs of Lots 1-24 Inclusive are adIIised that swimming pools, garden sheds. garages, or
other similar structures or uses .,.. not permilted on lands zoned 'Environmental Protection
SpeciBl'in the Munlcipa/1ly of KincardIne Comprehensive Zoning By-law. In edtMtJon. there shall
be no slta ø/leration, flgf8ding, mllng. ÐXC8VlJtion or vegetation removal In the 'Envlronmøntal
ProtecIIon - Spøcla/' zone."
§Jua,en Vall.v Conservation Authoritv
21. That prior to any grading or construction on the sUe and prior to Final Approval, the Owner shall
submit 10 the Saug8éO Valley Conservation Authority for their review and approval the following
plans, reportS or applications, prepared by a qualified consultant 10 the satisfactiOn of the
Saugeen Valley Conservation Authority:
a} A detailed 'Stormwater Management Report' In accordance with the prevailing Ministry of the
Environment plamfng and design guidelines and other related technical criteria as determined by the Saugeen Valley Conservation Authority.
In the event that the 'Stormwater Management Report' recommends the estabUshment of any
stonnwater works, detention or retention facilities, The subdiviSion agreeroent between the
Owner and the Town shall contain a provision whereby the Municipality of Kincardine will
assume Ownership, operation an maintenance responsibility of same in perpetuity.
b) A detailed 'Lot Grading Plan'.
c} An 'Erosion and Sedimentation Control Plan' indicating the means whereby erosion will be
minimized and sediment maintained on-site and on abutting properties throughout all phases
of grading and consltUCtiOn and shaN include a maintenance plan and provision for timely
revegetation of the site. The Plan shan also detail the methods that will reduce any negative
impacts to water quality.
Page 3 of 6
so
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner:
FiI. No:
Municipality:
Subject Lands:
Date of Draft Approval:
Date of RevlHd Approval:
Durwood Estates (Dale Walden)
41T·89023
MunicipaUty of Kinçardine
All of Block'S' Registered Plan M·35 and Part of Park Lot 4, West of
Saugeen and Goderich or Hwon Road, Townplot of penetangore
June 28, 1990
November 8, 2005
No. Condition
d) That the Subdivision Agreement between the Owner and the Municipality of Kincardine
contain provisions for the completion of the works in accordanc;e with the approved plans and
reports as noted in a). b), and c) above to the satisfaction of the Saugeen Valley
Conservation Authority.
22. That the SubdMsion Agreement include a Waming Clause regarding buUding restrictions on Lots
1·241nc1usÎYe 10 the satisfaction of the Saugeen Valley Conservation Authority.
23. That prior to Final Approval, the Owner prepare a 'Geotechnical Report', prepared by a quaUfled
geotechnical engineer, acceptable to the Saugeen Valley Conservation Authority, Which will
describe how Lots 1 - 24 inclusive. are to be developed.
24. That the Subdivision Agreement between the Owner and the Municipality contain the following
provisions with wording acceptable to the. Saugeen Valley Conservation Authority:
a} to follow all rec;ommendatfons contained In the 'Geotechnical Report' to the satiSfaction of the
Saugeen Valley Conservation Authority;
b) to include a covenant on UUe for each of the lots mentioned in the 'Geotechnical Report'
which wUI require the lot owners to abide by the recommendations in the Gotechnlcal Report'.
c) to erect snow føncJng or other suitable barrier along the top/edge of the slope for Lots 1 - 24
inclusive, including Block 30, prior to initiating any grading Of construction on the site to
prevent the unauthoriZed dumping of fill. This barrier shaD remain In place until all grading
and consttuction on abutting lots has been completed to the satisfaction of the Saugeen
Valley Cons8lV8t1on Authority.
25. That the Owner agrees to notify the Saugee" Valley Conservation Authority, at least 48 hours
prior to the Initiation of any on-site development.
Ontario Ministrv of Transoortation
26. That prior to Final Approval, Block 32 (0.3 m road reserve) shall be conveyed by deed to the
Ontario Ministry of TransportøUon. All· road re88f'V8S by deed must be free and clear of all
mortgages, liens, and encumbrances.
27. That prior to Final Approval, the Owner shall submit to the Ministry of Transportation for their
review and approval. a copy of a Traffic Impact Study (report/analyslslassessmant) indicating the
anticipated traffic volumes and their Impact upon the intersection of Highway 21 and Russell
Street. Highway improvements Identified from the review and analysis of the Study will be the
financial responslbdlty of the Municipality and a Legal Agreement will be required to be entered
Into between the Municipality and the Ministry of Transportation.
28. That prior to Final Approval, arrangemenls shall be made to the satisfaction of the Ministry of
Transportation for the erection of a security fence along the entire Highway 21 boundary of the
plan.
Page4of6
51
..
CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL
Owner:
File No:
Municipality:
Subject Lands:
Date of Draft Approval:
Date of Revised Approval:
Durwood Estates (Dale Walden)
41T ·89023
Municipality of Kincardine
AJI of Block 'B' Registered Plan M·35 and Part of Park Lot 4, West of
Saugeen and Goderich or Huron Road, Townplot of penetangore
June 28, 1990
November 8. 2005
No. Condition
A~eotoaJcal Condition
29. That prior to any grading or construction. and final approval of all or any part of the Draft Plan of
Subdivision, the OwrIer shall consult with the Ontario Ministry of Culture to determine if an
'Arçhaeological Assessment' is required. If 'archaeological potential' is determined by the Ministry
of Culture, the Owner shall carry out an archaeolOgICal assessment of the landS subject to the
Draft Plan of Subdivision and mitigate through preservation or resource removal and
documentation adverse impacts to any significant archaeological resouroes found. No grading or
other soil disturbances shaH take place on the subject lands prior to the approval authority and
the Ministry of Culture confwming that all archaeological concerns have met licensing and
resource consetvation requirements.
Dioital Plan Submission
30. That the Owner prior to Final Approval shall submit to the County of Bruce a digital file of the Plan
to be registered In AutoCAD 14 (dwg or dxf) format referenced to NAD83UTM to the satisfaction
of the County of Bruce Planning Department.
Jdlnd Clearina and Other Works
31. That the OWner agrees that no constructJøn or instalations of any kind (eg. clearing or servicing
of land) involved with this Plan shall be undertaken prior to entering into 8 site alteration
agreement or subdivision agreement and obtaining all necessary permits, approvals and/or
certificates that neec:J to be issUed in conjUnction with the development of the subdivision, unless
approved by the COunty of Bruce PIaMing Department in writing.
CIQ8rance Conditions
32. That prior to the granting of Fina' Approval, the County of Bruce Is to be advised by the
Municipality of KIncardine that Conditions Nos. 2·7, 9-15, and 17-22 have been carried out to
their satisføction. The clearance letter from the Municipality of Kincardine shall inClude a brief but
complete statement detailing how each condition has been satisfied.
33. That prior to the granUng of Final Approval, the COunty of Bruce Is to be advised by the Saugeen
Valley Conservation Authority that Conditions Nos. 8, 16, 21-25 have been canied out to their
satisfaction. The clearance leUer shall include a brief but complete statement detailing how each
condition has been satisfied.
34. That prior to the granting of Final Approval, the County of Bruce is to be advised by the Ontario
Ministry of Transportation that Condition Nos. 26--28 have been carried out to their satisfaction.
The clearance letter shall include a brief but complete statement detailing how the condition has
been saUsfied.
35. That prior to the granting of Final Approval, the County of Bruce is to be advised by the Ministry of
Culture that Condition No. 29 has been carried out to their satisfaction. The clearance letter shall
include a brief but complete statement detailing how each condition has been satisfied.
Page5of6
52
I ·
'.
tiotes to Draft ADaroval: Subdivision File No. 4110089023
1. It Is the Owner's responsitHlity to fulfill the Conditions of Draft Approval and to ensure that the required
clearance letters are forwarded by the appropriate agencies to the County of Bruce Planning and
Economic Development Department quoting the appropriate subdivision file number.
2. The Owner should be aware that under the Public Transportation and Highway Improvement Act,
Ontario Ministry of Transportation Permits are required for all new developments located within 45m of an
existing and/or proposed ProvincIal Highway property line and located within a 395m radius of the
centreline Intersection of Highway 21 and any municipal road. The Ontario Ministry of Transportation will
require that all new residential structures be setback a minimwn of 8.Om from the existing and/or future
highway property line. The Ministry win require that all new commercial structures be setback a minimum
of 14.0m from an existing and/or future property line.
3. Inauguration, or extension of a water works or sewage works is subject to the approval of the Ministry
of the Environment uncler Section 52 and Section 53 of the Ontario Water Resources Act, R.S.O. 1990.
4. We suggest that you make yourself aware of secliOn 144 of the Land Titles Act and subsection 78(10)
of the Registry Act.
Subsection 144(1) of the Land Titles Act requires that a Plan of Subdivision of land that Is located in a
land titles division be registered under the Land Titles Act. Exceptions to this provision are set out in
subsection 144(2).
Subsection 78(10) of the Registry Act requires that a Plan of SubdiYIsion of land that is located only in a
registry division cannot be registered under the Registry Act unless that titie of the Owner of the land has
been certified under the c.rtJIIøation of Title Act.
Exceptions to this provision .e set out in cJauses (b) and (c) of subsection 78(10).
5. Clearances are reaulred fra'n U1e followina a
Municipality of Kincardine Saugeen Valley Conservation Authority Ministry of Transportation
1475 Concession #5 R.R. #1 Corridor Control Office
RR#2 Hanover. ON. 659 Exeter Road
Kincardine ON. N2Z 2X6 N4N 368 London, ON. N6E 1L3
Ministry of CuJture
Southwøst Archaeological Office
900 Highbury Avenue
London. ON. N5Y 1M
6. If the Owner wisheS to request an extension to Draft Approval, a written explanation must be submitted
for the approval of the County of Bruce mi2r..JQ the lapsing date. Please note that an updated review of
the plan and revision to the Conditions of Approval may be necessary If an extensIOn Is to be granted.
7. Draft Approval may be reviewed by the County of Bruce from time to time to determine whether draft
approval should be maintained or conditions amended and/or added.
8. The Owner is advised that Draft Approval is not a commitment by the Municipality of Kincardine to
water or sanitary servicing capacity. To secure this commitment the Owner must contact the Municipality
of Kincardine directly.
9. Final Plans - When the survey has been completed and final plan prepared, to satisfy the requirements
of the Registry Act. they should be forwarded to the County of Bruce. If the plans comply with the terms of
approval. and we have received the required agency clearances, the County's stamp of approval will be
endorsed on the plan and it will be forwarded to the Registry Office for registration.
The following Is required for registration under the Registry Act:
One (1)
Four (4)
original mylar
white paper prints (to include 1 print for OLS)
File: 41T -89023
Page 6 of 6
Owner: Derwood Eslates
53
SCHEDULE "M" OF AGREEMENT
NOTE: It is understood and agreed that this Schedule forms part of the Municipality's
Agreement.
SPECIAL PROVISIONS
1) Parkland Dedication - The Developer will pay the sum of $500 per dwelling unit at the
time of the execution of this Agreement.
2) The Developer agrees that the following warning clause be included in every Purchase
and Sale Agreement for Lots 19 and 20:
"Public Walkways
Purchasers are advised that Lots 19 and 20 abut Block 31 that has been designated for
use as a potential Public Walkway. "
3) The Developer agrees that the following warning clause be included in every Purchase
and Sale Agreement for Lots 1-13 inclusive:
"Public WalkwayslI'rail
Purchasers are advised that Lots 1-13 inclusive abut lands that have been designated for
use as a potential Public WalkwaylI'rail. ,.
4) The Developer agrees that the following warning clauses be included in every Purchase
and Sale Agreement for Lots 23-29:
"Municipal Roadway
Purchasers of Lots 23-29 are advised that these lands abut Wellington Avenue (currently
non-travelkd) that may be used/constructed as a municipal roadway in the future. "
5) The Developer agrees that the following warning clauses be included in every Purchase
and Sale Agreement for Lots 1-24 inclusive:
"Building Restrictions
Purchasers of Lots 1-24 inclusive are advised that swimming pools, garden sheds,
garages, or other similar structures or uses are not permitted on lands zoned
'Environmental Protection Special' in the Municipality of Kincardine Comprehensive
Zoning By-law. In addition, there shall be no site alteration. regrading, filling,
excavation or vegetation removal in the 'Environmental Protection - Special' zone. "
Any site alteration or development proposed between the Building Setback Line and the
rear lot line shall require approval of the SVCA under its Regulations. No filling,
excavating, regrading or construction should occur within that area without contacting
the SVCA.
6) The Developer agrees to complete any works required by its "Stonnwater Management
Report", "Lot Grading Plan" and "Erosion and Sedimentation Control Plan" in
accordance with approved plans by the S.V.C.A.
7) The Developer agrees to implement the recommendations of and construct any works
required by the geotechnical report as approved by the Saugeen Valley Conservation
Authority.
The Developer agrees to include a covenant on title for each of the lots mentioned in the
geotechnical report which will require the lot owners to abide by the recommendations in
the geotechnical report as follows:
The Developer agrees to include a covenant on title for Lots 1-24 inclusive which states
the following:
54
The intent of the Building Setback Line is to protect buildings and structures from slope
erosion. There is the possibility that there will be some ground loss and movement on
and near the slope over time. The Municipality and the Saugeen Valley Conservation
Authority are under no obligation to undertake slope remedial works, and are not
responsible for impacts from erosion processes associated with the slope.
The Developer agrees to erect a silt fence or other suitable banier along the top/edge of
the slope for Lots 1-24 inclusive, including Block 30, prior to initiating any grading or
cons1ruction on the site to prevent the unauthorized dumping of fill. This banier shall
remain in place until all grading and construction has been completed to the satisfaction
of the Saugeen Valley Conservation Authority.
8) The Developer is required to pay connection charges for water and sewage, such
connection charges currently $1,800 per lot for water, $1,500 per lot for sewer, along
with the appropriate contributions for reserves for each of these charges. It is agreed that
these charges, for the purpose of this development only, will e paid at the time of the
issuance of building permits. Both parties acknowledge that the Municipality may
increase these connection fees at some time in the future. Further, the Municipality may
institute a development charges bylaw which could replace or be in addition to these
fees. With respect to the connection fees, the Municipality agrees that the Developer
will have the right to pre-pay outstanding sewer and water connection fees on remaining
vacant parcels for a period of 45 days following written notification to the Developer
that such connection fees are to be increased.
9) Prior to the completion of the Stage 1 services, the developer shall complete the all
grading and landscaping treatments associated with establishing the major stonn channels
located between lots 12 and 13 and between lots 19 and 20.
10) For reference purposes, a list of servicing drawings that have been reviewed or are
currently under review is provided below:
CivU Description Date Revision No.
Drawin2
Cl General ServicinR; Plan 2006/05/04 S
C2 Sanitary Servicin2 Plan 2006/05/04 5
C3 Stonn Draina2e Area Plan 2006/05/04 5
C4 Water Servicin2 Plan 2006/05/04 5
C5 Hunter Street - Plan & Profile 2006/05/04 5
C6 Hunter Street - Plan & Profile 2006/05/04 5
C7 Block 31 - Stonn Outlet 2006/05/04 2
C8 Lot Gradin2 Plan & Details 2006/05/29 8
C9 Miscellaneous Details I 2006/05/04 2
ClO Miscellaneous Details II 2006/05/04 2
EI Electrical Layout Details 2005/05/04 3
Add PS
Pumping
Station Description Date Revision No.
DraWÍD2s
Ml Sewage Pumping Station 2006/07/14 1
Plans & Details
M2 Sewage Pumping Station 2006/07/14 1
Sections & Details
El Sewage Pumping Station 2006/07/14 1
Electrical Details &
Schematics