01 28 2004 COW Agenda
,1'
i'
~
"
..
..
TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF THE WHOLE MEETING AGENDA
DATE: WEDNESDAY, JANUARY 28,2004
TIME: 9:00 a.m.
ROBINSON ROOM
***********************************************************************************4************
1. NOTICE OF ADDITIONS TO AGENDA
2. ADOPTION OF THE AGENDA
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF: - "IN ACCORDANCE WITH THE ACT"
4. DEPUTATIONS:
a) 9:00 a.m. Ms. Kim Viney, Sports and Recreation Representative, Lake Country, re:
2004 Business Plan.
5. CORRESPONDENCE:
a) Oro-Medonte Chamber of Commerce, Annual Achievement Awards Banquet, Tuesday,
February 10, 2004, Guthrie Arena.
b) Michael Hargreaves, Paul Voorheis, Coaching Staff, Oro Thunder Novice Rep Hockey
Team, re: Pin Request.
6. FINANCE, ADMINISTRATION AND FIRE:
a) Mayor J. Neil Craig, Communication Procedures, (continued from Special Council
, Meeting and Council Meeting, January 21,2004).
b) Councillor Hough, re: Traffic on Line 15.
c) Report No. PR 2004-01, Chris Carter, Recreation Co-ordinator, re: Hawkestone Hall
Board Request re: Reallocation of 2003 Capital Funds (distributed at meeting).
d) Memorandum to Council, From Paul Gravelle, Treasurer, dated January 21, 2004 re:
Oro-Moraine Strategy & Aggregate Policy Review.
7. PUBLIC WORKS:
None.
8. ENGINEERING & ENVIRONMENTAL SERVICES:
a) Report No. EES 2004-05, Keith Mathieson, Director of Engineering and
Environmental Services, re: Arbourwood Estates Ltd. - Phase" - Request for
Reduction in Securities.
b) Report No. EES 2004-06, Keith Mathieson, Director of Engineering and
Environmental Services, re: Heights of Moonstone Subdivision - Request for
Reduction in Securities.
,,-
c) Report No. EES2004-07, Keith Mathieson, Director of Engineering and
Environmental Services, re: Fairway Forest Development (Terra Ridge
Developments Inc.) - Request for Reduction in Securities.
...
d) Report No. EES 2004-08, Keith Mathieson, Director of Engineering and
Environmental Services, re: Arbourwood Estates Limited (Phase III), Subdivision
Agreement - Pt. Lot 2, Range 2, Being Part 1,51 R-29258, Save and Except Parts 1
and 2, 51 R-29574, Being all of PIN #58552-0284 (Lt).
9. BUILDING, PLANNING AND DEVELOPMENT:
a) Report No. BD 2004-01, Ron Kolbe, Director of Building and Planning, re: Building
Report - December and Year to Date 2003.
b) Report No. PD 2004-01, Andy Karaiskakis, Junior Planner, re: Committee of
Adjustment Decisions from January 15, 2004.
c) Report from the Meridian Planning Consultants Inc., January 9, 2004, re: FSP
Holdings Inc. (Settlers Ghost), P-158/03, East Half of Lot 41 and Part Lot 42,
Concession 2 (Medonte).
10. IN-CAMERA:
a) Jennifer Zieleniewski, CAO, re: Legal Matter.
"
~
b) Jennifer Zieleniewski, CAO, re: Legal Matter.
..
c) Jennifer Zieleniewski, CAO, re: Personnel Matter.
..
d) Jennifer Zieleniewski, CAO, re: Property Matter.
11.ADJOURNMENT:
2
..
Box 2525, 6 West St. North
Orillia, ON L3V 7 A3
Tel 705-325-4903 Fax 705-325-6817
www.ontarioslakecountry.com
~~
December 8, 2003
{REcE:EC _.~
I'll ,.
, . E"JED
. JAN 6 ?DO,
ORO-MEDONTE
TOWNSHIP
----..'" .
. *
The Mayor and Council
Township of Oro-Medonte
148 Line 7 South, Box 100
Oro, ON
LOL 2XO
Your Worship and Members of Council:
The Board of Directors of Ontario's Lake Country Tourism Marketing Board
expresses thanks to you for the appointment of Mr. Chris Carter as Council's
representative to Lake Country over the past three years. Mr. Carter expressed a keen
interest and understanding of the marketing and promotional issues that came to the
Board as it worked to increase the number of visitors to our Region throughout the year.
With the Municipal elections now over, we respectfully request that Council
consider appointing a Township of Oro-Medonte representative to sit on our Board. As
in the past, this can be. either a Council representative or staff. The whole Board meets
four times a year plus the Annual General Meeting in February and we would like to
introduce the representative at the February AGM..
We would also request an opportunity to appear before Council for a brief
presentation that covers the work we have accomplished so far and our plans for 2004.
If possible, it would appreciated to make this presentation prior to your 2004 budget
deliberations.
Thank you for your consideration and we look forward to hearing from you at
your earliest opportunity.
.
Mark Downing
Co-President
d2tWlaal
~~
P/J{I~
dT~ dT~ I~ $tJrJ#
~iH~~
/ ~_.// .
/UJtI<<fU' ~
~~-~~
Cf?~o/~
5~
-..
~~ gc?~~ 5,..JtJ}.?%. .
!!lI,.:rg~ /' }.?%.
~ )3:
Q~ dT~!?~/.!,t
(dT~/.!5~~,t.r)
d% ~VfJ call.Jcf7-7.!J'7
gzd1'19'& ~.I
Janette Teeter
S-b
Page 1 ofl
To: Micheal W. Hargreaves
Subject: RE: international silver stick
----Original Message----
. from: Micheal W. Hargreaves [mailto:mwhargreaves@yahoo.com]
Sent: Friday, January 23, 2004 11:03 AM
To: clerkassist@oro-medonte.ca
Cc: cler@oro-medonte.ca
Subject: Fwd: international silver stick
"Micheal w: Hargreaves" <mwhargreaves@yahoo.com> wrote:
Date: Fri, 23 Jan 2004 08:00:15 -0800 (PST)
From: "MichealW. Hargreaves"
Subject: international silver stick
To: Clerkassist@oro-medonte.ca
CC: cler@oro-medonte.ca
My name is Michael Hargreaves, I along with Dr. Paul voorheis coach the
Oro Thunder Novice rep hockey team. We had recent success winning the
regional Silver Stick Tournament in Wasaga Beach. The winning teams from
the regionals then vie for the top honours at the Silver Stick Finals where they
compete against the winners from the other regionals in Port
Huron,Michigan.The team will be leaving Jan 29 (Thur) for this international
tournament. I have been told by the organizers that at the start of each game
each player is introduced at centre ice at which time they exchange pins from
their respected cities/townships. So I'm asking council of the possibility of
sending our players with Oro-Medonte pins too exchange and promote our
beautiful township. We would need approx (90) pins and I would return any
pin remaining after the tournament.
Thank you for your time and please feel free to call me at your
convenience@722-1 022
Sincerely Michael Hargreaves
950 Old Barrie Road West.
. €;~)
Lake Simcoe Region Conservation Authority
Holland Marsh Water Quality Improvement Project
Schedule C Class Environmental Assessment
..
..
I
.
~
Information Bulletin
Introduction and Background
The Holland River is one of the five major
rivers flowing into Lake Simcoe. The River
branches into two main tributaries: the West
Holland River and the East Holland River. The
West Holland River subwatershed is one of the
largest sul>.-watersheds in the Lake Simcoe
Basin, with a drainage area of approximately
355 km2. Holland Marsh is located within the
West Holland River subwatershed, and
occupies an area of approximately 24 km2. The
Marsh was once a shallow extension of Lake
Simcoe. The peat soils of this reclaimed
marshland support a prosperous agricultural
economy. The water levels in the Marsh are
maintained through a series of canals, and the
Art Janse Pumping Station located at the north
end of the Marsh near Highway 11. The
pumping station is used to remove excess
water from the cultivated marsh area during
spring runoff or during significant storm
events. The 18 km (11 miles) canal system is
only allowed to fluctuate by 100mm (4 inches)
during spring runoff or storm events.
Over the last 100 years, urban growth and
agricultural practices have led to the
deterioration of the water quality and
cold water fish habitats in Lake Simcoe. In
response, the Lake Simcoe Environmental
Management Strategy (LSEMS)
Implementation Program was initiated in 1981.
The LSEMS program is under the direction of
those agencies involved with the management
of the Lake Simcoe watershed, including
federal, provincial and local agency
representatives, as well as representatives from
LAKE SIMCOE REGION CONSERVATION AUTHORITY CLASS EA
environmental. interest groups and
foundations. The objectives of the LSEMS
Implementation Program are to continue to
initiate.Iemedial measures and control options
designed to reduce the level of phosphorus
entering Lake' Simcoe, monitor the
effectiveness of remedial measures and
controls, and evaluate the overall response of
the Lake to the program. The overall goal is to
restore water quality in Lake Simcoe so that it
sustains a naturally reproducing coldwater
fishery .
Numerous studies have been completed as
part of the LSEMS program aimed at
monitoring and modelling the water balance
. and nutrient loadings to the Lake to quantify
nutrient sources such that appropriate
remedial measures and controls can be
identified and implemented. Recent results of
the program indicate that approximatel:Y"'102 .
tonnes per year of phosphorus enter Lake
Simcoe from urban, agricultural and
atmospheric sources. In 1998 it was estimated
that the total phosphorus loading from the
entire cultivated marshlands (polders) was 5.6
tonnes. There are four polders occupying
approximately 33 km2 in the subwatershed
with Holland Marsh being the. largest at
24 km2. The contribution from the pol.ders was
estimated to. be similar to the contribution
from the sewage treatment facilities
discharging to the Lake or its tributaries. The
largest contributors were estimated to be from
the tributaries (mainly from agricultural land
I
INFORMATION BULLETIN JANUARY 2004
use practices), urban runoff and atmospheric1
sources.
The Lake Simcoe Region Conservation
Authority (LSRCA), along with LSEMS
representatives, have set a total phosphorus
(TP) goal to reduce the annual phosphorus
loadings into Lake Simcoe by 25 metric tonnes
per year in the next 10-20 years (Le. maintain a
level of 75 mt/ yr of TP to keep the Lake
healthy and clean). There are various methods
for controlling phosphorus loadings that are
now being implemented throughout the
watershed to help achieve this goal.
The . Ministries of Environment and
Agriculru..re and Food (MaE. and OMAF) have
released the Nutrient Management Act, which
will eventually require best management
practices in agriculture and farming activities.
These best management practices are aimed at
reducing loadings and improving water
quality at source and include nutrient
management, local runoff and erosion controls,
changes to planting and tilling practices, and
public awareness and education. In urban.
areas stormwater management controls
including source controls (e.g. disconnecting
roof leaders) and end-oI-pipe facilities (e.g. oil
and grit separators and stormwater
management ponds) are being implemented.
In addition, advances in treatment
technologies at wastewater treatment plants
have reduced total phosphorus loads. LSRCA
is also pilot testing an urban phosphorus
trading program to look into the feasibility of
reducing total loadings to the Lake through a
trading program to help meet the 75 tonnes/yr
maintenance level in total phosphorus
loadings.
The LSEMS team recognizes that controlling
phosphorus from Holland Marsh will help to
achieve reductions in phosphorus loadings to
1 The atmospheric input of Total Phosphorus was
estimated at 40% of the total, which is considered very
high. Additional sampling stations have been set up to
supplement the atmospheric data. Input estimates will be
updated based on this new data.
LAKE SIMCOE REGION CONSERVATION AUTHORITY CLASS EA
Lake Simcoe. Towards this end the Holland
Marsh Water Quality Improvement Project
was initiated.
Purpose of the Project
The purpose of this project is to address the
phosphorus input to Lake Simcoe from the
Holland Marsh Polder by evaluating various
alternatives and recommending a preferred
alternative by following the Schedule C Gass
Environmental Assessment process.
ClassEA Process
This study is being conducted. in accordance
with the requirements for Schedule C pr()jects
as described in the Municipal Engineers
Association's Municipal Class Enviromri.ental
Assessment (EA) document Gune 2000). As
such, it requires that the following four' (4)
phases of the Gass EA process are completed
prior to detailed design and construction:
· Phase 1: Definition of the problem;
. Phase 2: Identilicationandassessment
of. alternative solutions and selection of
a preferred solution;
. Phase 3: Identilication and assessment
of alternative design concepts, and
selection of a preferred design concept;
. Phase 4: Preparation of an
Environmental Study Report.
Consultation with the public and government
review agencies is an important part of'the
Class Environmental Assessment process. The
input helps ensure that a preferred alternative
is selected that is sensitive to the needs and
views of all affected parties.
Project Team
CH2M HILL Canada Limited has been
retained to assist the LSRCA in completing the
Class EA requirements for this project. The
LSRCA has also established a Steering
Committee comprised of individual
representatives for each of the partner agencies
and stakeholders to provide feedback and
guidance. Partner agencies and stakeholders
2
.,
.
"
r#
INFORMATION BULlETIN JANUARY 2004
represented on the Steering Committee
include:
. Lake Simcoe Region Conservation
Foundation
Holland Marsh Drainage Committee
. Bradford Vegetable Growers Association
. Ministry of Agriculture and Food
Township of King
Town of Bradford West Gwillimbury
[
Regional Municipality of York
Alternative Solutions
The first step in this project was to identify
alternative solutions which are alternatives
that fulfil the purpose of the study in
functionally different ways. The purpose of
the study is to identify a preferred strategy for
controlling phosphorus from the Holland
Marsh. The following list provides a long-list
of the alternative solutions that were
considered as part of the first phase of this
project. Although some of these alternatives
(naturalize the Polder, populate the Polder
etc.) are not realistic they were considered for
comparison purposes. The next step in the
process will be to further evaluate the
alternatives and to carry forward a shortlist for
further evaluation.
The long list of alternative solutions
considered as part of this study are as follows:
1. Do Nothing
2. Naturalize the Polder
3. Populate the Polder or Treating an
Equivalent Populated Urban Area
4. Localized Treatment within the Polder
5. Centralized Treatment at the following
locations:
- Art Janse Pumping Station
- Upstream
- Downstream
- . Treatment in the Inner Canal
LAKE SIMCOE REGION CONSERVATION AUTHORITY CLASS EA
Centralized treatment at the various locations
could involve different treatment methods.
These methods. are specifically aimed at
treatment of phosphorus removal. The
following list provides examples of those
treatment methods:
- Physical/ cl1emical
- Biological
- Wetlands
6. Best Management Practices
- Fertilizer Optimization
Erosion Control
- Septic System Optimization
Cleaning the Canal and Holland River
Beds
- Drainage and Irrigation Optimization
7. Duckweed Harvesting
8. Mass balancing
Screening Criteria
The long list of alternative solutions were
evaluated. based on the following criteria.
These criteria are considered mandatory
(inust-have) criteria, and were used to screen a
long-list of alternatives and develop a short list
of alternatives. Alternatives that meet the
mandatory criteria were carried forward for
further assessment.
. Effectiveness: Effective at removing
phosphorus from the polder (significant %
removal of phosphorus). A proven and/or
successful emerging technology with a
. successful track record of operating
experience in a similar operating
environment.
. Implementability: The alternative is able to
be implemented from a physical,
regulatory, technical and cost perspective.
Cost competitive with system in place
elsewhere in Ontario and North America.
Recommended for Further Evaluation
Based on the preliminary assessment of the
long list of alternative solutions the
3
, ".
INFORMATION BULLETIN JANUARY 2004
recommended short list of solutions for further
evaluation include:
. Do-nothing - as part of the Class EA
process Do-nothing will be carried forward
for comparison purposes.
. Centralized Treatment Alternatives -
various treatment methods will be further
evaluated including physical! chemical
treatment methods and wetlands at the
following the Art Janse Pumping Station
and downstream from the Polder .
. Duckweed Harvesting - Duckweed is
known to be highly efficient in up-taking
nutrients from surface waters and can store
large amounts of phosphorus in its tissues.
. Best Management Practices - Each of these
alternatives will include best management
practices.
Next Steps
A Public Information Centre (PIC) will be held
on January 28th, 2004 (please see information
below for details on the PIC) to provide a
description of the . project and the
.
environmental assessment process to
interested members of the public. Based on the
considerations mentioned above, as well as
the feedback from the public, the shortlisted
recommended alternatives for further
evaluation will be confirmed. The next step in
the process is to further evaluate the
recommended short list of alternatives. This
evaluation will be presented at a second Public
Information Centre. Following the second PIC,
an Environmental Study Report (ESR) will be
prepared containing a 4escription of the
assessment process, public and agency'
consultation activities and the preferred
alternatives. The report will then be filed for a
30-day public review period. During this time,
interested parties who have concerns that have
not been addressed, may request a Part IT .
Order from the Minister of the Environment.
Part II Orders require the study to be
conducted as an Individual Environmental
Assessment, which requires more detailed
assessment and more opportunities for public
consultation.
r t
Public consultation is an important part of this process. If you have any comments, concerns or
questions please contact
Frances Wilbur
Environmental Plarmer
CH2M HILL Canada Limited
255 Consumers Road, Suite 300
Toronto, Ontario M2J 5B6
Phone: (416) 499-0090 ext. 233
Fax: (416) 499-4687
Email: fwilbur@ch2m..com
LAKE SIMCOE REGION CONSERVATION AUTHORITY CLASS EA
A Public Information Centre
is scheduled for:
. Date:
Time:
Location:
January 28th, 2004
2pm to 4pm and 6pm to 8pm
York Region Office
Seminar Room
7250 Y onge Street, N ewmarket
Information on the planning process and
alternative solutions will be provided for public
input. .
Please plan to attend.
~~~~. .. ".t')~ ~; 2:ill;}JI: t)
(.~'.. ',...,
1fJ:' . ,.......
W'....~. ~".",,'
.~....1 . 1 " .(......~
:: :~~ :..' :;t1f.:.~:
. ',C .. I I"I~
#\~..~ '''/~ , ~:'I
~- ~~ ~;}-(/of
I
'\ \,
b \f~~I,\Oq'~::~, \-
COMMUNICATIONS January 21. 2004
~uty Mayor Hughes
KNOWN
Need for Council to establish and priorize a common
understanding/agreement of what is being worked towards
. Who has the lead responsibility to carry out
. Timelines
. Designated Reporting Dates
ADDITIONAL
Need for ongoing awareness and status of items referred by council
to staff
. Who has the lead responsibility to carry out
. Timelines
. Accessible to individual councillors
STANDARD EXPECTATIONS
Need to formalize standard expectations for:
o The return of telephone calls from Township personnel
(councillors & public)
o The response to Email sent to Township personnel by members
of council
o The response to Email sent to Township personnel by residents
o Timelines for written correspondence to Mayor and Council
being included on meeting agendas
o Timelines for providing information requested from staffby
members of council. (Le. request made during meeting of
council)
o Timelines for replying to written correspondence from the
public.
o Communications with groups when a Township action can
reasonably be expected to have a direct impact.
o Making councillors aware of written communications/meetings
regarding localized issues.
-"---.
2
OTHER
. Review of attendance and Role of Department Heads attending
Council Meetings
. Advance notifications to councillors of the topics of "in camera"
and additions to the agenda
. Input process for elected officials to Council Information in
NSCN NMfI .:lrt~~ 6n...tJt. N~~ ,
.Process for designating individual residents to (Usually Localized
Issues) committees/technical support/other groups to provide input
to Council AND procedures to follow for the input and public
information process
. Procedures for deputations and delegations to Council relating to
the number that can occur at anyone meeting and those that are
repetitive on the same topic
. Awareness of the content of the performance appraisal of
Department Heads
. Use of graphs to better depict financial information
. Use of web site to indicate known schedules for grading/dust
control of roads.
. Review of procedures concerning tendering ( adhereing to
policies and opening tenders)
;Ikputy Mayor Hughes
tc0
'yk-x:JdJ1a7Z.
u2/ /0 Yf
ORo-MEDONTE
A Community Profile
ORO-MEDONTE, ONTARIO, CANADA
2004
PREPARED BY:
HAROLD DAYNARD
MANAGER OF INFORMATION TECHNOLOGY
TOWNSHIP OF ORO-MEDONTE
LAST UPDATE: JANUARY 20, 2004
~) 'I. .
)~~ ~ -;rz
'fl" .ll. -,.a,,,,. ~tfbr1h ti "', .-rm~' . . 11 ~htn. tII.." , c:9-e / /of
Jj(j)~n.sJ~I') (j);tj \lll1(i)riY~14wll~~ vJlg~nl~QMlOOa ~g\.lqltl;.'Dl~
"
COUNCIL
CHIEF ADMINISTRATIVE OFFICER
INFORMATION CLERK RECREATION TREASURY ENGINEERING & PUBLIC BUILDING & FIRE &
TECHNOLOGY ENVIRONMENTAL WORKS PLANNING EMERGENCY
SERVICES SERVICES
Clerk
CLERK
Clerk's Assistant Records
Management
Co-ordinator
Records
Management
Assistant
.,
Recreation
RECREATION CO-ORDINATOR
Technical Support
Treasury
TREASURER
Assistant Accounting Senior Revenue
Treasurer/Iluman Clerk Revenue Clerk
Resources Officer Clerk
Engineering and Environmental Services
DIRECTOR OF
ENGINEERING &:
ENVIRONMENTAL
SERVICES
Environmental
Services Foreman
Water Technicians .5 Technical
(2) Support
Public Works
PubUc Works Superintendent
I
Manager of
Operations
,
.l .5 Technical
Foreman (2) Support
1 - North Yard
1 - South Yard
1
Lead Hands (2)
1 - North Yard
1 - South Yard
!
Mechanic
&:
Equipment/Public Works
Operators (21t
NOTE:
Contract personnel - Night Patrol (I North Yard, 1 South Yard)
- Wingmen (5)
- Contract Plows (3)
'.
Building & Planning
DIRECTOR OF
BUILDING/PLANNING
Deputy Chief Manager of Senior Planner Contract Planner
Building Official Building Services
Building Technical Junior Planner
Inspector Support
Receptionist/
Secretarial Support
NOTE:
Contract personnel - Inspectors (2)
- Plans Examiner
- Zoning Plans Examiner
- Septic Inspectors (2)
- Seasonal Bylaw Officer
Fire &, Emergency Services
/
/
DIRECTOR FIRE &: EMERGENCY SERVICES
Deputy Fire Chief
Technical Support
Fire Stations (6)
With Compliment of:
District Chief (1)
Captains (3)
Firefighters (12)
. The make up of the municipality is very unique and diverse:
(L~~~/Z
e:J~! f / Df,
. a community of 18,315 full-time residents not only the residents but their lawyers
and consultants. A corporation experiencing a population growth rate above the
national average.
. A land area of 61 ,000 thousand hectares.
. A municipal budget of 14,095,743,00
. Also responsible for the collection of 13,866,066.00 for the other tiers of
govemment
. Currently employs 57 Full time employees, 3 part-time and 18 contract.
. 96 Volunteer Firemen
. numerous volunteers managing hall boards
. 15 settlement areas
. 600 Km of municipal roads
. 12 water systems
. 43 lighting systems
. five library contracts
. 2 communal tile beds
. 642 meters of public waterfront
. 71.4 hectares (176 acres) 52 public parks
. community recreational facility p, 85
. 8 ball diamonds
. 3 soccer fileds
. 2 outdoor rinks
. 2 multi purpose pads
. 6 playgrounds
. 1 basketball pad
. 3 picnic pavilions
. 8 community halls
. 350 !an (217 miles) public and private trails
. approval authority for plans of subdivision
. processes development applications
. waste management
January 28, 2004
Committee of the Whole Meeting
6a) J. Neil Craig, Mayor, re: Communication Procedures
Confidential - 2 Lists of Ongoing Projects
Distributed by Jennifer Zieleniewski, CAO
are filed in the Clerk's Confidential Binder
J,T,
...
Noxious Weeds
ba-)
L~L
-:Jj . ;>~;, /of
.
1. November 7, 2002 - E-mail from Ron Kolbe to Council reo Weed Control Act
changes in interpretation with attached letter from the Ministry of Agriculture
re, Application of the Weed Control Act
2. July 16, 2003 - Recommendation of Committee of the Whole to refer
Councillor Hughes information reo noxious weeds to staff for a report.
3, July 16, 2003 - Copy of information presented by Councillor Hughes at
Committee of the Whole July 16, 2003,
4, August 22, 2003 - Memo from R. Kolbe to J. Zieleniewski reo Adressing
Problem of poison ivy with attached proposed revision to "Clean and Clear
By-law".
.original Messa e ----
<("',0, ,. ';fi<~"
To: Don Bell ; Ralph Houah ; Ruth Fountain; Harry Huahes ; Walter Dickie; Paul Marshall ; Neil
Craia .
Cc: Jennifer Zieleniewski
Sent: Thursday, November 07, 2002 4:02 PM
Subject: Weed Control Act applies to agriculture land only?????
. The document attached was received today and indicates that the weed
control act doesn't apply to any land not close to agriculture property.
. The County bylaw officer has been contaccao@oro-medonte.ca
<cao@oro-medonte,ca>ted and an interpretation requested. A report will
go to County council probably in Jan.2003.
. For information only.
Ronald M. Kolbe, CBCO,AScT,MAATO
Director Building/Planning
Township of Oro-Medonte
CBCO "The Step Above!"
I
""
.
..
/
Ministry of Agriculture
and Food
Ministere de I' Agriculture
et de "Alimentation
~ Ontario
~
3rd floor
'I Stone Road West
Guelph. Ontario Nl G 4Y2
Tel: (619) 826.3161
Fax: 151 $) 826-3567
3rd' et.go
1. rue Stone ouest
Guelph (Ontario) N 1 G 4Y2
T41.: t61Q) 826.3151
Telk.: (51$) 826-3567
Date:
October 31, 2002
REcaVED
linv - 7 20/lZ
ORO.MEDOm-E .
1 TOWNSHIP I
-
Crop Technology Branch t1
,
To:
Municipal Clerks and Weed Inspectors
From:
W. J. (Bill) Ingratta
Director, Crop Technology
Subject:
Application of theWeedCotltrol Act:
Over the past year changes have occurred which impact both the administration and
interpJetation of the Weed Control Act. Please review the following information about the Act
and forward it to the appropriate individuals in your organization.
1 am pleased to announce that the Minister of Agriculture and Food has appointed Mike
Cowbrough to be the chief inspector for the purposes of the Weed Control Act. If you have
questions concerning the administration of the Act you can contact Mr. Cowbrough by telephone
at (519) 824-4120 ext. 2580. His email addressismike.cowbrough@omaf.gov.on.ca.
A number of sections of the Act weJe Jeviewed by the Minisl9':slt::~ c?II!l~lt As a Jesult it has
been .clarified that till' purpo~!; .'?f the We~S",l'\m'I"',ct is topro1!'~llgricult1lral and horticultural ,
land from noxious weeQs. We have also ~n advised to update our interpretatioo"Of horticulture.
to encompass commercial horticulture only.
The Act does not refer to the protection of human health as a reason for controlling noxious
weeds. Therefore we have decided that PllTSuant to section 22 of the Act, the Act can't be used
to connul noxious weeds, includinl%poiSOlliVy'and common ra~eed, if they "an: far C:Ilough ...
aY'llY from any land used for agricultural or horticultural purposes that they do not interfere witb
that use",
t7~-
c: Jim Smith, MOE
Scott Thompson, MMAH
Mike Cowbrough, Chief Inspector
Minislly Headquarters: 1 Stone Road West, Guelph, Ontario N1G 4Y2
Bureau principal du ministere: 1, rue Stone ouest, Guelph (Ontario) N1G 4Y2
Invite ontario Home
Invitez l'Ontario chez soi
.
-,
Ron Kolbe
Prepare report
Marilyn
Pennycook
Only copies of
corresp,
through
resolution to
Mayor &
Members,
~
..,
>'
I) Councillor Hughes, re: Noxious Weeds.
Motion No. CW-36
Moved by Hughes, Seconded by Marshall
*
It is recommended that the information presented by Councillor Hughes re: Noxious
Weeds be received and referred to staff for a report.
Carried.
m) Deputy Mayor Dickie, re: Correspondence Copies to Council.
Discussion.
8. PUBLIC WORKS:
a) Report No. PW 2003-07, Jerry Ball, Public Works Superintendent, re: 24 Hours of
Adrenalin Mountain Bike Festival, August 15,16 and 17, 2003 - Hardwood Hills.
Motion No, CW-37
Jerry Ball Moved by Dickie, Seconded by Bell
Notify applicant,
Fire and OPP, It is recommended that Report No. PW 2003-07, Jerry Ball, Public Works
Superintendent, re: 24 Hours of Adrenalin Mountain Bike Festival, August 15, 16 and
17,2003 - Hardwood Hills be received and adopted, that Council authorizes the
temporary closure of the 6th Line from Old Barrie Road North to Bass Lake Sideroad
from 8:00 a,m. on Friday, August 15th to 2:00 p.m, on Sunday, August 17th, 2003 and
further that Mr. Kevin McDonald, Event Director, of Trilife Sports International, be
notified accordingly.
Carried.
9. ENGINEERING & ENVIRONMENTAL SERVICES:
None.
Page 13
Committee of the Whole Meeting - July 16. 2003
"I. .
..
~
~
"
July 16, 2004
Background:
A home on a large lot in subdivision on Lakeshore Drive is adjacent to a
vacant lot that is overrun with Poison Ivy .
The Poison Ivy from the vacant lot migrates to the surrounding properties.
The homeowner is extremely sensitive to Poison Ivy and encounters health
problems when in proximity to it,
In the past the homeowner has had the Poison Ivy on her own property
sprayed and the owner of the vacant lot has complied with a Township
order to deal with the Poison Ivy.
When the Poison Ivy reappeared this year the home owner was told that the
Township had been notified that Noxious Weed Legislation only applied to
agriculture and the Township did not have the authourity to order the
owner of the vacant lot to deal with the Poison Ivy.
The homeowner contacted Mike Coubergh ? at the University of Guelph
519-824-4120 Extension 52580.
The information that he provided is as follows:
eMunicipalities were advised that the legislation applied to agriculture
eThe Municipal Act enables municipalities to pass legislation to control
noxious weeds on non-agricultural lands
.A template for drafting such legislation is available through his office.
As poison ivy has serious health issues consideration should be given to
drafting legislation to control noxious weeds for non-agricultural
applications.
Councillor Hughes
\.
--0'" ... .-- ...
Harry Hughes
From:
To:
Cc:
Sent:
Attach:
Subject:
"Ron Kolbe" <cPo@oro-medonte.ca>
"Mayor" <neil.craig@oro-medonte.ca>
"Jennifer Zieleniewskl" <cao@oro-medonte.ca>
Monday, July 07, 2003 9:32 I>No
2002-WEED-NOTlCE.pdf; 2003-WEED-Notice.pdf; Weed Contol Ad Sections 3,13,16,
2003 Oro-Medonte Weed Notice
. The 2003 Oro-Medonte Weed Notice (attached) was forwarded by the
County of Simcoe.
. The wording has been somewhat revised as compared to the 2002
Weed Notice (also attached).
. The first paragraph in the 2003 Notice states the intention of
the Weed Control Ad.
. Clarification of enforcement of the Weed Control Ad was
prepared by the County of Simcoe and is noted "In Urban Areas", Urban
areas not in dired contad with lands used for agricultural purposes
are exempt.
. The County Bylaw Officer emphasized this point in a recent call
regarding weeds at the comer ofHWY. 11 South & Une 5 (Metz
complaint).
. Sections 3, 13, 16, 18 & 23 are attached in a word format.
<<2002-WEED-NOTICE.pdf>> <<2003-WEED-Notice.pdf>> <<Weed Contol Ad
Sections 3, 13, 16, 23.doc>>
Ronald M. Kolbe,CBCO,AScT,Maato
Diredor BuildinglPlanning Development
"CBCO the step abover
I~ / - oZ...
7/15/03
.
.
Township Logo
NOTICE TO RESIDENTS AND PROPERTY OWNERS
REGARDING NOXIOUS WEEDS
The main pmpose of the Weed Control Act R,S.O,l990. is to reduce the impaet ofooxious weeds on the
industries of agriculum and honicullUle, Primarily this act applies to agricultutal and horticultutallands
that generate iDoome or other benefillllO agriculture; this exclude ICIW7IS, ggrdens gnd priwlIe llTeQ$ for
pmonal enjoyment ond leisure,
Under the Weed Control Act. R.S.O. 1990, Chapter W.5 Sections 3,13, 16 and 23, yoo are requested 10
destroy all noxionll weeds on YOllf property.
lDUrb..A.....
Sections 3,13,16 and 18 do nouppDy to noxious weeds or weed seeds that are far enough away from any
land used for agricultutal Or horticu1lUltll pwposes, as they do Dol inlerfere with that.....
All properties within the Mwrlcipality of the Township of ()ro. Medonte are 'hereby requested to be in
compliance with the Weed Control Act by the 16. day of June, 2003 and throughoul the season. The
MuoicipDJity mo)' enter upon saidlanda and bave weeds destroyed chargiag the costs againrt the land as tel
oul in the Act.
Mari\yn Peonycook, CIak
Leo Cha\oux, Weed lnspector
5- 7-02; 2;35PM;COUOty Of Simcoe
.
Oro Medonte
;7057263991
NOTICE TO PROPERTY OWNERS
DESTROY WEEDS
Notice is hereby given to all pennJls in possession of land, in accordance with the
Weed CODuol Act, R. S. O. 1990, Chapter W.5 Section 3, 16 and 23 unless noxious
weeds growing on their lands with the Municipality of
Are destroyed by JUDe 15'\ 2002 and throughout the s~ason, the Munic~pality may
enter upon said lands .and bue weeds doostro)'ed, ebargmg the cost. agllU1$t the land,
u set out in the Act..
The cooperation of an citizen. is solicited.
Clerk
Weed Inspector
List of Noxious weeds optionaL
"
ft
(
I
II at 3'
"'...... ,)
---
)
Failure to appoint inspectors
ill If a council fails to appoint an area weed inspector, the Minister may appoint
the area weed inspector and fix his or her remuneration or other compensation.
R.S.O. 1990, c. W.5, s. 6 (3).
Order for destruction of weeds
13.0) An inspector who finds noxious weeds or weed seeds on land in the area
within his or her jurisdiction may order the person in possession of the land to
destroy the noxious weeds or weed seeds.
Destruction of weeds
16. (1) Despite section 13, the council of any local municipality may direct any of
its municipal weed inspectors or, if there are none, the area weed inspectors to
cause noxious weeds or weed seeds to be destroyed in the prescribed manner on
all or part of any lot shown on a registered plan of subdivision and on lots not
exceeding 10 acres that are not shown on such a plan. R.S.O. 1990, c. W.5,
s, 16 (1); 2002, c. 17, Sched. F, Table.
Notice requiring noxious weeds and weed seeds to be destroyed
18.0) A district weed inspector who finds noxious weeds or weed seeds on any.
land owned by or under the control of a municipality within his or her district may
deliver or send by prepaid first class mail to the clerk of the municipality a notice
requiring the noxious weeds or weed seeds to be destroyed before a date specified
in the notice.
Offence
23. (1) A person who contravenes this Act or the regulations, or an order made
under this Act, is guilty of an offence and on conviction is liable for a first offence
to a fine of not less than $500 and not more than $2,000 and for each subsequent
offence to a fine of not less than $1,000 and not more than $5,000.
. .
\
~
~
'r>"
TOWNSHIP OF ORO-MEDONTE
TO: JENNIFER ZIELENIEWSKI
FROM: RON KOLBE
c.c.
DATE: 22AUGUST 2003.
R.M. FILE NO.
SUBJECT: ADDRESSING THE PROBLEM OF "POISON IVY"
BACKGROUND
~ July 16, 2003 Committee of the Whole meeting the discussion centred
around Councillor Hughes' request to address the "poison ivy" exclusion as
related to the current Weed Control Bylaw,
~ In discussion with other municipal bylaw departments facing the same
problem the solution was to revise the definition of 'waste material" in the
Clean & Clear Bylaw.
~ REVISED Clean & Clear Bylaw is attached.
?
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY -LAW NO, 200245
"Clean & Clear By-law"
Being a By-law of the Corporation of the Township of Oro-Medonte to prohibit the throwing, placing or
depositing of refuse or debris, waste material or wastes on private property or municipal property,
WHEREAS Section 210, paragraph 82, of the Municipal Act R&O 1990, chapter MAS, as amended provides
that councils of local municipalities may pass bylaws for prohibiting the throwing, placing or depositing of
refuse or debris on private property or on property of the municipality or any local board thereof without
authority from the owner or occupant of such property;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it necessary and
expedient- and in the public interest to enact a By-law to prohibit littering of private or municipal property for
all residential, commercial and industrial uses;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
ENACTS AS FOLLOWS;
1, Definitions for the purpose of this By-Law:
(a) "Commercial or Industrial Waste" means any article, thing, matter or any effluent belonging
to or associated with industry or commerce or concerning or relating to manufacture or
concerning or relating to any trade, business calling or occupation that appears to be waste
material.
(b) "Heavy pick-up wastes" means weighty or bulky articles such as furniture, bed springs,
mattresses, barrels, boxes, water and fuel tanks (empty only). and any other discarded
material which would normally accumulate at a dwelling,
(c) "Household wastes" means ashes garbage, rubbish, discarded material, clothing, waste
paper, broken crockery, glassware, and other such articles as would normally accumulate
at a dwelling, but shall not include weighty or bulky articles such as stoves, mattresses,
furniture, barrels, boxes, trees, discarded truck and automobile parts, tires or batteries,
manufacturer's waste, water and fuel tanks, liquid waste, straw hay and manure, carcass of
any dead or live bird, animal feces, natural soil, earth, sand, clay, 9ravel, stones or other
excavated materials, and fence wire,
(d) 'Municipal property" means any property under the jurisdiction of the Municipality.
(e) "Municipality" means the Corporation of the Township of Oro-Medonte,
(f) "Person" means a natural person, unincorporated association or organization, firm
,partnership, private club, corporation, agent or trustee and the heirs, executors,
administrators, or other legal representatives of a person to whom the context can apply
according to the By-Law,
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(g) "Private property" means privately owned property zoned for residential, commercial or
industrial use.
(h) "Refuse or debris" shall include sand, rock, gravel, grass weeds, liquids, domestic garbage,
trees, asphalt. concrete or pieces thereof or any commercial or industrial waste,
(I) 'Waste material" inCludes:
i. garbage, rubbish" discarded building materials, refuse or junk, boulders in excess
of 0,028 cubic metres, trees or tree stumps;
ii. tin cans, bottles, boxes or other containers;
Iii. derelict or inoperative motor vehicles;
iv, derelict, abandoned or inoperable machinery, appliances and furnishings, both
household and
commercial;
v. agricultural waste or sewage, or any liquid waste accumulated from home or
place of business;
vii. animal carcassess
(J) 'Wastes" shall mean any or all of the definitions of this section for the purposes of this By-law,
including heavy pick-up wastes, household wastes, refuse or debris and waste material.
2, Offences
2,1 No owner shall allow or permit the creation, presence or existence of any refuse or debris, waste
material or wastes in or upon any yards, vacant lots, grounds or buildings which such owner
owns, .rents, occupies or has an interest in, whether such interest is legal or equitable,
2,2 No person shall throw, place or deposit any refuse or debris waste material or wastes on private
property or on the property of 'the municipality or any local board thereof without authority from
the owner or occupant of such property
3, Removal
Where the property owner or municipal authorities are required to remove any refuse or debris, waste
material or wastes deposited on their property, the full cost of such removal shall be recoverable from
the person responsible or the property owner responsible for such littering or discarding,
4, Notice unauthorized dumpina in municipal propertv containers The municipality shall post notice that
unauthorized dumping in a container or dumpster placed on municipal property is prohibited in
accordance with this By-law,
5, Inspections
.
CORPORA TlON OF THE TOWNSHIP OF ORO-MEDONTE
The By-law Enforcement Officer, or other person appointed for the
purpose of enforcing this By-law;
(a) has the power to enter upon and examine any yards, vacant lots, grounds or buildings other than
a dwelling, at any
4/
, .
--
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(b) may be accompanied by such other person or persons as they
deem necessary to properly carry out their duties under this L W
law,
6, Other Legislation
If this Bylaw conflicts with the provisions of any other By-law or
By-law of the County of Simcoe, the provisions of that Bylaw
prevail to the extent of the conflict
7, Validitv and Severabilitv
Should any section sub-section clause, paragraph or provision of this
Bylaw be declared by a court ottcompetentjurisdiction to be invalid or
unenforceable, the same shall not affect the validity or enforceability of
any other provisions of this By-law or of the Bylaw as a whole-
8, Penaltv
Every person who contravenes any provision of this By-law is guilty of
an offence and liable upon conviction to a penalty not exceeding
$5,000,00 exclusive of costs and the provisions of the Provincial
Offences Act, 1990, c, P,33, as amended shall apply to the said fine,
Such matter or thing shall be done at the persons expense, and the
corporation mat recover the expense incurred in doing it by action, or the
same may be recovered in same manner as municipal taxes.
9, Short Title
This By-law shall be cited as the Clean and Clear By-law,
10, Force and Effect
This By-law shall come into full force and effect upon the day of final
passage thereof,
BY-LAW READ A FIRST AND SECOND TIME THIS 26TH DAY OF JUNE,
2002,
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY
OF JUNE, 2002,
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
reasonable time or times, and
I
~,~
v
(j) ~.~'J ~-t;
() -~.'~ .,
~~ ~.cti ~~
~~. =< -#~:! ~(t
~ ~()~. ~. ~.~~3
~)-
~"0
' --r
" , ~I~
CJfd!,! of .
. . ~ .
'. '
"
,~ ,1/
--J~. ' OL1fo r
-JiM-- . ,
- . . ~.~~J2~
- doo4-~. 1-~cJ
~
'"
. ,
.<
.,
. ,
.
ORO-MEDONTE HISTORY COMMITTEE MINUTES
January 22,2003
The meeting was held in the Old Town Hall at 7:30pm.
In attendance: Tim Crawford, Chair; Jadeen Henderson, Vice-cbair; Sheila Kirkland
Regrets: Mary Garbutt, GeoffBooth, and Bruce Wiggins
1. Fljrst on the agenda was the request from the Starr family regarding naming the comer near
Hardwood Hills.
Motion: That the Oro-Medonte History Committee has no objections to naming
the intersection of the 6th Line and the Old Barrie Road, Morningstar Corners.
Moved by Jadeen Henderson. Seconded by Sheila Kirkland. Carried
Comments and Observations
Originally there was a hotel at that corner called the Morningstar Hotel. This fact has been
documented in the booklet The Hills of Oro: And Other Pioneer Landmarks, which was
published by the History Committee.
. The Committee felt that the corner in question should be named after the hotel rather than called
Star's Corners-the subsequent surname of the family who owned the hotel. It was felt that we
were not prepared to pay to have family names appear throughout the township at intersections,
and acknowledged that appropriate signage may be erected on private property, by families
sharing their family heritage with the public.
On the one hand the Committee assumed that Council would be aware that the naming of the
corner in question seems to be a precedent. On the other hand, the Committee is enthusiastic
about any acknowledgement of our heritage and would encourage the public" participation and
contribution.
We agreed the Roads Department should be involved in determining the location of the signs.
In recent memory another corner was named - Knox Corners - and this might be the precedent.
There is neither record nor memory of the History Committee being involved in, or approving
this name. There was some concern, after the fact, that the name could {should have been .
Galbraith's Comers, for Galbraith's Hotel was at one time located there. Nevertheless Knox
Church and Cemetery have been a landmark there since the very early pioneer days.
.
Other items In Brief
In that this meeting was called with fairly short notice, to address one or two items, and a number
of members could not attend, discussion on other issues was kept to a minimum. Nevertheless
we had a discussion on what might be called housekeeping matters.
.
,
if
. .
.'
.' .
. .
.,
, ,
.
V._
2
2. Two photos of a white man and a black man in a caniage were frdJDed by Don & Gocril
Robinson and donated by Sharon Ryther to committee member Jadeen Henderson who in
turn presented them to the Committee, A brief "thank you" note has been sent to those
involved in supplying these framed photos. Sometime in the future further
acknowledgement, perhaps involving Council, will be planned.
3. We would like to begin holding monthly meetings again, and have established a tentative
evening slot- the first Wednesday of the month beginning in March. Township staff is now
permitting us to again borrow a key of the administration building; this privilege was
withdrawn for a number of years, The meetings will be held there at the usual time, 7:30pm,
4. There was some discussion about the missing World War 1 guns. This lead to a discussion
of all "outstanding projects or initiatives" that the Committee has. A list is to be prepared by
the ChaiIperson for review by the Committee.
5. As a result of Eunice Johnston's departure we are in need ora Committee SecretaIy. Jadeen
Henderson moved Seconded by Tim Crawford that Sheila Kirkland becomes secretary.
Carried.
.
6, Road signage and plaques was discussed briefly and Tim will ask GeoffBooth if he can
pursue this.
7. We will buy. a form of ledger to lib'! articles given to the History Committee and where they
are now.
Meeting was adjourned at 8:50pm.
TClsmk
:r
"
.
.
.
'.
,
'.
7. FINANCE, ADMINISTRATION AND FIRE:
a) Report No. TR2003-02, Paul Gravelle, Treasurer, re: Development Charges
Indexing.
Motion No. CW-10
Moved by Marshall, Seconded by Hughes
It is recommended that Report No. TR2003-02 by Paul Gravelle, Treasurer, re:
Development Charges Indexing be received and adopted, that the Township's
development charge per single detached dwelling be increased by $221 to $3,427, that
the Township's development charge per other dwelling unit be increased by $173 to
$2,691 and that the said increases shall be effective March 6, 2003.
Carried.
b) Paul Gravelle, Treasurer, re: Remuneration Statement for the Year 2002.
Motion No, CW.11
Moved by Fountain, Seconded by Marshall
It is recommended that the Remuneration Statement for the Year 2002 submitted by
Paul Gravelle, Treasurer be received,
Carried.
f~nte History Committee Minutes, January 22, 2003.
Motion No. CW.12
Moved by Bell, Seconded by Dickie
It is recommended that the minutes of the Oro-Medonte History Committee meeting of
January 22, 2003 be received,
Carried.
Page 5
Committee of the Whole Meeting - February 26. 2003
~-.-,-
....., >
'.
.
.
\
~
.{
, .
, ,
.,
v
::1
j
, . !RECel"elf"
.: i 'JU', 8 . . ' ,
, ,-
f QHWUl~l'Iln&ro- '
I '~II::'
~0WNSfiP ,I,
. . . \.1
1Lf-?,;z' ~ 6A/', -
j{,1f / JCI.A{) ..x1~..
o""d ~ )..O,L j;. eo
11la-y Ff / ;? cJo ~ .
'ri,17-,fl.3 <r 7 .'
,
I .. .
,1)~..Jn.:v.F~'.'. .
, , J: CV?n . , o--tA-A- ~ ~
. . ~i&~.
1m, ., ~ ,/-4~
j cz' ;0-'. 6;'/ ~'. "'-w~ ~..
! .rh' (!Y~,A3 .' /load ~~ ~
",\~.t:~kol. . " ,,~.'
\,--,.... t-f~..'~" jL...' 14~.. o~~
~~,~~~.. .'
", ,'.../.A~L~~
I CYY"", ...e...- tj', ", ., .', . '
.:~, ~"._/?n~~~
.. ' v ./ , ,." t::7
....~ ..,14 ~/ft~. i4
i DY~~ Ao-cu/~~C'~
\ " .'.. fJ,~ Ar / / /~6'(j~. ~.
i,.. . . , ~ . ~,/frU
,r~ .. J{oJUYr'7~g~~.,A
. .~ .f;;:!:', :36'ft,. . .'. . .
~..r . ~~~A
. ..~.~~~~
/.Cf'J,o~A~~m~~.' ..fh
'. ). w~~~~
, A j it'. ,} tl ~ _ ~I.L ~/L _>rJ.. .~. . .
..
. ;
.
--',
..;2..-
.
,jk'.,?/1: . ~ ~ "
. '... A'lJr~-'">'1/U..ee:/ ~ ... ~. ~. ~... aLA-y;:; . ~
.v'i;:;~ . ~/--;' .
'\d'J~:~ ~t.. '" .~.'~'
j z:::t;;::;::;::; sr ,.14, ~
,~~~~ ... /~
;., '. ~~Io~ '
\ ..' . /Jl~~' ~~~ ..,
, Y-4.,~'~fl_L.' . /cJ-7.:,T~
: ~. . .. - .,-- ~~-'/~..~--- ;.-.,' /
: ./~c::.=i-" ~
." ..' ..' ..,~ 'J m .~/;'/S-y
[ .~ a~ ~ '/q.r8", '. ., . '
. .' .' . I~ ~ /tnr- ~~qr?1' ~
-., ... . .... '~'.W ~ .~cY /~
..04/ ..~. ,~~~~
. . .' .
\..Ao7\; /9'9'0 / .
". ' r~ ~. ()o-e '~~,~ ~,
....~~^~~~~~
.1~~./~~E~
~~~:6~ . '.:,-=zt:.
.. tf~.,~, ..'~.-0. .~....m~ ~~
IJJJ~ ~ ' .
~,'a~~.'~~.~ ....~.
~~. ~L{f'~ (my~~
-;/. oJ! 1/,. e crn:tl ' It' (!'7'- M-e-. /./1 , . " .'
~. . rho 'ou .6~.;?~'~
... . . /9'T'6~ /997; '~tI--
.. .~.. . "~a-nd,~'.~
'. rfk~~ ~..~." ;~.'.
~~.. ~. ~.--uo". fA/-e~
I-o,AH/L ~., ~~ .~~h'.
?~ ,. )~
. . ,r
..
f to.,
.
,
,
.
f) Brad Graham, Assistant Deputy Minister, Ministry of Municipal Affairs and Housing,
correspondence dated June 11, 2003 re: County of Simcoe Representative
Concerning Central Ontario Smart Growth Panels,
Motion No. CW-9
Moved by Hough, Seconded by Dickie
It is recommended that the correspondence dated June 11, 2003 from Brad Graham,
Assistant Deputy Minister, Ministry of Municipal Affairs and Housing, re: County of
Simcoe Representative Concerning Central Ontario Smart Growth Panels be received.
Carried.
g) Ms, Joyce (Starr) Delong, correspondence re: Naming of Northwest Corner of Old
Barrie Road and the 6" Line.
Motion No. CW-10 (Amendment)
Moved by Hughes, Seconded by Hough
It is recommended that the motion with respect to Ms, Delong's correspondence be
amended that the Township apply for a permit from the County of Simcoe for placement
of a sign at Morningstar Corners; and that staff prepare a report with respect to signage
of the other corners within the Township.
Carried.
Motion No, CW-11
Moved by Dickie, Seconded by Hough
It is recommended that the correspondence received June 18, 2003 from Ms, Joyce
(Starr) Delong, re: Naming of Northwest Corner of Old Barrie Road and the 6th Line be
received and that the Township apply for a permit from the County of Simcoe for
placement of a sign at Morningstar Corners; and that staff prepare a report with respect
to signage of the other corners within the Township.
Carried as Amended.
Page 5
Committee of the Whole Meellng - June 25. 2003
( I
- ,
\
TOWNSHIP OF ORO-MEDONTE
REPORT
.
.
DEPT. REPORT NO.: TO: COMMITTEE OF THE PREPARED BY:
PW2003.()8 WHOLE Jerry Ball
SUBJECT: DEPARTMENT:
COUNCIL:
Community Identification Public Works
C.OFW.: Signage
DATE:
MOTION #: July 22, 2003
DATE: R. M. FILE NO.:
T07-12798
Council, along with local residents throughout the municipality, has requested that Hamlets not
officially recognized in the Official Plan as settlement areas, be identified with Community
Identification Signage. To determine a cost for this project, a list of these areas was compiled, along
with the required number of signs for each location:
Crei hton
Carle
Foxmead
Ead
Medonte Station
Intersection of Line 10 and Warminster Sideroad
Warminster Sideroad at C.P.A. Crossin
Foxmead Sideroad and Townline
Ead Sideroad and Line 10
Anderson Line and South om Rd.
4
2
4
4
2
All of these Hamlets are located in the north end, or the Medonte end, of the municipality, with the
exception of Medonte Station and Foxmead Hamlets, which are located in or on the boundary of
Severn Township. Permission would need to be granted by Severn Township to erect the signage,
In the south end, or Oro end, of the municipality, all of the Hamlets have been signed, except the
Hamlet of East Oro located at the intersection of Line 11 and 15/16 Sideroad. This area would
require four (4) signs.
.
,~ "r
UpOI'l reviewing the municipal mapping and considering the above-noted areas, this would now
complete the signage of all the Hamlets within Oro-Medonte. ({f.A. )
Therefore, a total number of twenty (20) signs are required for this project, with a cost breakdown as
follows:
.Ci,,;liS1IJitS'~~SI~lilS;~ !'tttXt,,,ilm~~Q.
..~:~,@;L'lY',,,,,,,,,,,,,-,,,, J:~" ~",~='i~:I:' ..",,'~"._,= .
Si n Boards
6' x 6' Wooden Posts
Contract Installation
20
40
20
$200.00
$ 16,00
$185.00
$4,000.00
$ 640.00
$3,700.00
GRAND TOTAL
$8 340.00
Taking into consideration the requests by Council and local residents and the number of unsigned
Hamlets, along with the estimated cost for these Community Identification Signs, it is recommended
that this project be considered during the 2004 Budget deliberations, for completion of the field work
being the Spring of 2004.
;~J~~mM~ml~J:i)'I~~~.'."
1. THAT this report be received and adopted.
2. THAT the Community Identification Signage Project be considered in the 2004 Budget
deliberations.
3. THAT the Public Works Superintendent liaises with the Township of Severn for approval to erect
the signage for Foxmead and Medonte Station.
Respectfully submitted,
J~
f'-~
ty (', td). ~
~ \IJ
9f~\
,"
Chris Carter
Draft Rail Trail
advertising I
signage policy,
Jennifer
Zieleniewskll
Paul Gravelle
FYI, copy to
2004 budget
file,
Jerry Ball
Proceed
accordingly,
Jerry Ball
Copy
surveillance
report to
Council
Members,
Jerry Balli
Jennifer
Zieleniewski
Website
summary of
Township
involvement.
'"
C) Councillor Paul Marshall, re: Rail Trail.
Motion No, CW-35
Moved by Marshall, Seconded by Dickie
It is recommended that the information provided by Councillor Marshall, re: Rail Trail be
received and referred to staff for direction to bring forward a draft Rail Trail
advertising/signage policy.
Carried.
d) Councillor Ruth Fountain, Article re: 30K Internet Allocation,
Councillor Fountain distributed a copy of a newspaper article.
Discussion.
8, PUBLIC WORKS:
a) Report No, PW 2003-08, Jerry Ball, Public Works Superintendent, re: Community
Identification Signage.
~
Motion No. CW-36
,V) / Y
~t ~p'~ /
Moved by Marshall, Seconded by Hughes
It is recommended that Report No, PW 2003-08, Jerry Ball, Public Works
Superintendent, re: Community Identification Signage be received and adopted, that
the Community Identification Signage Project be considered in the 2004 budget
deliberations, and further that the Public Works Superintendent Iiaises with the
Township of Severn for approval to erect the signage for Foxmead and Medonte
Station.
Carried.
-
b) Mayor J. Neil Craig, West Nile Virus Update,
Mayor Craig and Jerry Ball, Public Works Superintendent updated Council re: West
Nile Virus.
Page 13
Committee of the Whole Meeting - Augusl13. 2003
~
~
..
g) Renee Paris, Request to Waive Procedural By-Law 2002-138 to Allow for a
Deputation re: Plan 626 Promenade.
c .
..
Motion No,13
Moved by Dickie, Seconded by Bell
Be it resolved that the request from Renee Paris to Waive Procedural By-Law 2002-138
to Allow for a Deputation, re: Plan 626 Promenade be granted.
Carried.
Motion No. 14
Moved by Bell, Seconded by Dickie
Be it resolved that the information presented by Renee Paris re: Plan 626 Promenade
be received,
Carried.
h) Peter White, Environment and Resources Manager, Aggregate Producers'
Association of Ontario, Request to Waive Procedural By-Law 2002-138 to Allow for
a Deputation, re: Haul Route By-Law, 2003-111,
Deputation request withdrawn.
.
10. CONSENT AGENDA CORRESPONDENCE:
a) Lake Simcoe Regional Airport Commission, minutes of September 18, 2003
meeting.
b) Orillia Public Library Board, minutes of September 24,2003 meeting.
c) Joyce Delong, correspondence dated October 15,2003, re: letter of appreciation,
Morningstar Corners.
Motion No, 15
Moved by Hough, Seconded by Dickie
Be it resolved that the items under the "Consent Agenda Correspondence", as listed
below, be received:
a) Lake Simcoe Regional Airport Commission, minutes of September 18, 2003
meeting,
b) Orillia Public Library Board, minutes of September 24,2003 meeting.
c) Joyce Delong, correspondence dated October 15, 2003, re: letter of appreciation,
Morningstar Corners, .
Carried,
Page 6
Council Meeting Minutes- November 5. 2003
MENDATION S :
G c. - 'J...
1. THAT Report PR2004-01 be received and adopted.
2. THAT the 2003 Capital Funds, be reallocated to renovate the basement at the Hawkestone
Community Hall.
3. That HAACA be notified accordingly of Council decision
Respectfully submitted,
/~~
Chris Carter
Recreation Co-ordinator
C.A.O. Comments:
Date:
vCYJ ~
j
C.A.O.
Dept. Head
- 2-
HAUlkESTONE ANd AREA CoMMUNiTY AssociATioN
RR#3. Compo 214, Hawkestone, Ontario LOL 1 TO
\.oc.-3
November 19, 2003
~-r #/
Ms. Jennifer Zieleniewski, CAO
Township of Oro-Medonte
Box toO, 148 Line 7 S.
Oro, ON. LOL ITO
Re: Hawkestone Hall Capital Budget
Dear Jennifer:
Enclosed please find a cheque in the amount of $2500.00 which is our Community's
contribution to the 2003 capital budget for the Hawkestone Community Hall. Council previously
approved the total capital expenditures of$5000.00 of which Council agreed to pay half.
As you are aware, our 2003 Capital expenditures were based on Phase I of a planned
redevelopment of the ftont entrance to the Hall. Due to delays related to the Accessibility Task
Force we would like to proceed with our next project in order to take advantage of volunteers
and tradespeople who are more available during the winter months.
We have submitted a 2004 capital budget to Council for its approval requesting fifty
percent funding for the refurbishing of our Hall Basement. The HAACA/Hall Board has been
offered six computers which we would like to make available to our young people to assist them
with their school work. In addition, our busy Hall requires much needed storage space, an office
and a second meeting place
Attached please find the proposal that was approved by:the HAACA/Hall Board and a
preliminary design for the Hawkestone Community Hall basement. If you agree that it okay for
us to proceed with the 2003 capital funds for this project we will hopefully be able to undertake
the ftont entrance work in 2004.
Please call me if you have any further questions.
Yours sincerely, ~
't1~. :PJ
$~,~es' ~
HAACAlHall Board
,
t
PROPOSAL FOR RENOVATION OF BASEMENT
History and Rational: !t/77(f/f/tY.r ~
The Planning Committee, one year ago, presented a number of options for the future .
development of the hall and grounds. Among the options, one which was accepted as being. a
future priority was to renovated the basement to become a multi-use facility accommodating an
office, suitable storage spaces and a sitting area which would be usable by a variety of groups.
lDc- -l.\
. .
We have recently been offered the donation of5 computers (for public use) and one for
administrative use. These are being donated from the library of a boy's school in North York
and could be used to create a miniature library and/or book exchange. (See the attached letter for
details of what is to be donated and what would be required to set up the 'library'.)
Given the generous offer of computers and the services of a competent librarian, we would
propose that this upcoming year's (2004) Capital Budget Request include the first phase of
renovations to the basement.
Benefits:
Creating an inviting sitting area offers the potential for the following:
· A meeting place for youth.
· A place for such events as small functions such as tea's, meetings, etc.
· Allow dual use of hall
An office could offer the following:
· A place for those in the association to utilize the administrative computer, and copier for
HAACA purposes.
· A place to store records, stationery, etc.
A library and computers offers the potential for the following:
· Young people who do not have the facilities could utilize the computers and library for
their homework and research
· A reading program could be offered by interested members of the community (potentially
drawing involvement from those who otherwise might not volunteer in the community).
· Young people interested in community hours and experience could work in the library.
Building in suitable storage areas for the various user groups would:
· Eliminate ongoing clutter
· Separate user group spaces to avoid misplacement or inadvertent use of other's property
Breakdown of work and Costs:
Flooring:
Walls of offices and larger storage rooms:
Individual storage 'lockers':
Shelving for books:
Paint:
Furnishings (sofas, chairs, coffee table and/or end tables):
Creating an accessible basement entry: .
Heating considerations (duct work):
Sound considerations (acoustic tiles or insulation on ceiling):
:.~
Kitchen
Stairs
. .............:.:...
HAACA Office
f.
Euchr
Euchr
lions
User Group
Storage
HAACA Storage
ter
lcc-5
/I7rne~r #..f
..
,
"" ..
lee -\0
. -
October 30, 2003.
Dear Marilyn:
/f/P1C~wl-#Y
This is my proposal for a library in Hawkestone:
5 computers (for catalogue searches and internet)
1 admin. Computer with Library Program loaded.
To be donated by me
Books to be donated by community members. I have some to get us started - both children's and
adults, fiction and non-fiction.
Needs:
Bookshelves
Desks for computers (5)
Internet connections (if desired)
Initial supply of :
Book Pockets (#23628001) (3 of) $31.75/box of500
Book Cards (#123244)co1.006 (2 of) $21.50/box ofl,OOO
Date Due Cards (4 colours) Approx.
Labels (for computer) 1. pkg. Approx.
Labels (non-computer) 1 pkg. Approx.
Date Due Stamp Aprox.
Hawkestone Community Library stamp approx.
$ 95.25
43.00
25.00
30.00
30.00
20.00
25.00
I have quoted prices exactly where possible and approximated where I have no definite price.
Also, we should have one recent set hard copy Encyclopedia on shelf. I have a child's set I can
contribute, a Canadian Encyclopedia set, but no recent hard copy set. In addition, I may be able
to get Encarta and Encyclopedia Britannica on disc.
A volunteer committee would be required to man the library when opened and keep it in
working order.
A vplunteer wpqld be needed to process new additions to the library.
A VQI\J~te~r woulq be TWy~ed tq qR ~YYf~\le t1fowam, pr possibly the same volunteer as above
dependmg on volume. ." .
Similary, a volunteer for repairs or the same volunteer as above nYR ~\l'1rS, ~~PYPH'flf pn
volume. .
New arrivals can be catalogued and entered into the computer at my home until set-up is
complete. At that time the administrator computer can be moved to the hall and networked with
the other computers. I will gladly continue to catalogue new arrivals.
'I! .
. . !
I . ~. I
. .
~c-+
.
~
?' -if
The Library should be for everyone - adults, children and teens. It would be useful for both
pleasure and research. ~//;N',."t ~
I believe it would be a great addition to our community. It could also be used to check other
public library catalogues for books, and, for those with public library cards, they would be able
to reserve books and pick them up at those libraries at a suitable time.
I will have computers at my disposal within the next few weeks. I have some books now waiting
to be catalogued if we proceed.
Please let me know if there is the interest to proceed with this.
My background is as follows:
I am a qualified librarian with 12 years experience in the school system. I have successfully
initiated and set up the library at Northmount Boys School in Toronto where I have been
working for the past 4 years.
I have recently moved to Hawkestone and would love to be able to contribute to the community
in this way.
~~
Beth Power
705-487-2036
416-483-8775
."
. .
lDJ
TOWNSHIP OF ORO-MEDONTE
MEMORANDUM
To: Committee of the Whole
4
cc:
From:
Paul Gravelle, Treasurer
R.M. File #:
Date:
January 21, 2004
Roll #:
Subject: Oro-Moraine Strategy & Aggregate Policy Review
As requested at the Committee of the Whole meeting of January 14,2004, please find detailed below
the costs incurred to date for the Oro Moraine stategy and Aggregate Policy review:
2003 Oro Moraine Strategy $57,435.98
2002 Oro Moraine Strategy $49,087.00
Aggregate Policy Review $52,970.49
2001 Oro Moraine Strategy $11,965.25
Aggregate Policy Review $14,595.60
Total costs to date - both projects $186,054.32
"'
<6C\ - \
TOWNSHIP OF ORO-MEDONTE
REPORT
DEPT. REPORT NO.: TO: COUNCIL PREPARED BY:
EES2004-05 Keith Mathieson
SUBJECT: DEP ARTMENT:
COUNCIL:
Arbourwood Estates Ltd. - Engineering and
Phase II - Request for Environmental Services
C. OF W.: . Reduction in Securities
DATE:
MOTION #: January 14, 2004
DATE: R. M. FILE NO.:
L04-11356
The Township of Oro-Medonte entered into a Subdivision Agreement with Arbourwood Estates Ltd. in
October, 2002 to construct Phase II, consisting of seventy-eight (78) lots, in the village of Shanty Bay.
At that time, the Developer supplied the Township with securities in the amount of $411,532.31 to
ensure construction of the municipal services.
The Developer is now requesting that the Letter of Credit be reduced to $364,785.64.
Township staff and the Township Engineer, R. G. Robinson and Associates Ltd., have been
. . circulated and have no concerns with the reduction in securities.
..
1 . THAT Report #EES2004-05 be received and adopted.
2. THAT the Treasurer be authorized to reduce the securities for Arbourwood Estates Ltd. (Phase II)
in the amount of $46,746.67, with the Township retaining $364,785.64 upon receipt of a
satisfactory statutory declaration of accounts paid.
3. AN AT Arbourwood Estates Ltd. be notified of Council's decision.
Keit leson
~o.303 12/05 '03 10:34 ID:R. G. ROBINSON AND ASSOC FAX:705 734 0764
~
CONSULTING
ENGINEER.S
AND
PLANNERS
e
PAGE 1/ 3
RG RoBINSON
.~ND ASSOCJ" TES (BAJUUE) L m
~C\ -~
~. K. Mathieson, CRSI "By Fax"
Director of Engineering & Environmental Services
Township of Oro-Medonte
Box 100
148 Line 7 South
Oro, ON LOL 2XO
December 4, 2003
Dear Sir:
RE: Township of Oro-MedoDte
Arbourwood Estates Phase 2
Letter of Credit Reduction No.2
Further to the request of the Developerls Engineer, we herein provide our recommendation on
the requested reduotion of the Letter of Credit for the aforementioned development.
Letter of' Credit Reduction
The original Letter of Credit for Phase 2 was for the value of $1,427,260.10. The Township
currently retains $411,532.31 as securities for Phase 2. Base on our review of the Developers
Engineer's fax on November 19, 2003 we now recommend that the Township retain the
following securities for Phase 2.
Outstanding work (see attached)....,....................,..,..............,
Allowance for engineering and contingency (10%)..".,................
7% GST. .... .. . . , . .. . .. , . .. .. ... . .. .. . . .. .. . . .. . ...., .... . . . ... . .. .. , , . . . .. . , .. ,
10% of completed work.... ., .,.........,..............................,....
$209,628.65
$20,962.86
$16,141.41
$118,052.72
$364,785.64
TOT At SECURITY TO BE RETAINED
The aforementioned reductions are in accordance with Clause 5.7.1 DISCHARGE OF
SECURITIES of the Subdivision Agreement. In our opinion, the Developer is entitled to a
reduction in securities such that the Township would retain $364,785.64 for Phase 2, upon
receipt by the Township of a satisfactory Statutory Declaration of Acoounts Paid in Accordance
with Clause 5.8 of the Subdivision Agreement.
An future reduction requests arc to be in accordance with Clause 5.7,] whereby reductions
shall be in increments of not less than 10% of the original Letter of Credit.
ff5Lt b I Y to b ") ft~-(.\
I .
10 High Screet. Barrie. Onrario L4N lWJ (705) 72!~9222 Fax (705) 734-0764 engp/an@rj!Ta.on.ca
@
~ 12/05 '03 10:34
ID:R. G. ROBINSON AND ASSOC FAX:705 734 0764
We trust that you. will find the above in order.
Y OI.l1'S trUly,
R.G. ROBINSON AND ASSOCIATES (BARRIE) LTD.
"\;~
Aj7~"
'*
S. Patterson, C.E.T.
SP:jd
Enel. (3)
Copy~eniewski
~
,.,
"
..
2
1c, -3
S03
File #12-8921-50
PAGE 2/ 3
~h - \
TOWNSHIP OF ORO-MEDONTE
REPORT
DEPT. REPORT NO.: TO: COUNCIL PREPARED BY:
EES2004-06 Keith Mathieson
SUBJECT: DEPARTMENT:
COUNCIL:
Heights of Moonstone Engineering and
Subdivision - Request for Environmental Services
C. OF W.: Reduction in Securities
DATE:
MOTION #: January 15, 2004
DATE: R. M. FILE NO.:
L04-9994
The Township of Oro-Medonte entered into a Subdivision Agreement with Bachly Investments Inc. to
construct a fifty-nine (59) lot subdivision in the village of Moonstone.
The Township is presently holding securities in the amount of $362,715.00 to ensure the completion
of municipal services.
The Developer is now requesting the securities be reduced to $205,304.23.
Township staff and the Township Engineer, R. G. Robinson and Associates Ltd., have been
circulated and have no concerns with the reduction in securities.
w
1. THAT Report #EES2004-06 be received and adopted.
2. THAT the Treasurer be authorized to reduce the Letter of Credit for Bachly Investments Inc. by
$157,410.77, with the Township retaining $205,304.23.
3. AND TI-iAT Bachly Investments Inc. be notified of Council's decision.
ReS~Y submitted,
Ke~n
/' tfx\l\...~
(VU~() \D~
~rp
~
CONSULTING
ENGINEERS
AND
PLANNERS
A
RG ROBINSON
AND ASSOCIATES (BARRIE) Lm
"-
..
Mr. K. Mathieson,CRSI "By Fax & Mail"
Director of Engineering & Environmental Services
Township ofOro-Medonte
Box 100
148 Line 7 South
Oro, Ontario LOL 2XO
Dear Sir:
RE: Township ofOro-Medonte
Heights of Moonstone Subdivision
Letter of Credit Reduction No.3
~b~d
January 7, 2004
Further to the request of the Developer's Engineer, we herein provide. our recommendation on
therequested reduction of the Letter of Credit for the aforementioned development.
Letter of Credit Reduction
The original Letter of Credit amount under Schedule "D" was for the value of $1,273,146.00.
Based on our review of the Developers Engineer's fax and following up site review, we now
recommend that the Township retain the following securities.
Outstanding work.. ...................................
Allowance for Engineering (10%)...... ...... .....
G.S.T. (7%)...........................................
10% of completed work... ... ...... ... ...... ........
Total security to be retained.. . . .. . . . ... . . . .. . . . . . ..
$73,048.00
$7,304.80
$5,624.70
$119.326.73
$205,304.23
Therefore, in accordance with our letter dated October 30, 2002, the present securities of
$362,715.00 may be reduced to $205,304.23.
We trust that you will find the above in order and we would appreciate confirmation of the
reduction in securities for our records.
Yours truly,
R.G. ROBINSON AND ASSOCIATES (BARRIE) LTD.
~~~_.
S. Patterson, C.E.T
SPjd
Copy: J. Zieleniewski
J{) High Street, Barrie, Ontario L4N lWl (705) 721-9222 Fax (705) 734-0764 engplan@rgra.Qn.ca
SOl
File #12-01066-50
~
.
<6c - \
TOWNSHIP OF ORO-MEDONTE
REPORT
DEPT. REPORT NO.: TO: COUNCIL PREPARED BY:
EES2004-07 Keith Mathieson
SUBJECT: DEPARTMENT:
COUNCIL:
Fairway Forest Development Engineering and
(Terra Ridge Developments Environmental Services
C. OF W.: Inc.) - Request for Reduction
in Securities DATE:
MOTION #: January 15, 2004
DATE: R. M. FILE NO.:
L04-12136
The Township.of Oro-Medonte entered into a Subdivision Agreement with Terra Ridge Developments
Inc. (Fairway Forest subdivision) to construct a fifteen (15) lot subdivision on Line 1 North, south of
Ski Trails Road. At the time of entering into the Agreement, the Developer posted securities in the
amount of $228,487.01 to ensure the required municipal services are completed.
The Developer is now requesting the Letter of Credit be reduced to $92,918.27.
Township staff and the Township Engineer, R. G. Robinson and Associates Ltd., have been
circulated and are recommending the Letter of Credit be reduced to $102,334.27.
1. THAT Report #EES2004-07 be received and adopted.
2. THAT the Treasurer be authorized to reduce the Letter of Credit for Terra Ridge Developments
Inc. by $126,152.74, with the Township retaining $102,334.27.
3. A jT Terra Ridge Developments Inc. be notified of Council's decision.
submitted, tCJJf\ CJ..)J"-
cc\\ 0 .\D ~
~~
!"
Keith Mathieson
'"
. .
~
CONSULTING
ENGINEERS
AND
PLANNERS
e
!~,
'. .;~,
Mr. K. Mathieson, CRSI "By Fax & Mail"
Director of Engineering &, Environmental Services
Township of Oro-Medonte
Box 100
148 Line 7 South
Oro, OntarioLOL 2XO
Dear Sir:
~
RG ROBINSON
AND ASSOCIATES (BARRIE) LTD
RE: Township of Oro-Medonte
Fairway Forest Subdivision
Letter of Credit Reduction No. 2
~ c-'d-
January 6,2004
Further to the request of the Developer's Engineer, we herein provide our recommendation on
the requested reduction of the Letter of Credit for the aforementioned development.
Letter of Credit Reduction
The original Letter of Credit amount under Schedule "D" was for the value of $355,836.53.
Based on our review of the Developers Engineer's fax dated December 19, 2003, we now
recommend that the Township retamthe following securities.
Outstanding work... ... ... .., ... ... ... ... ... ... ... ....
Allowance for Engineering (10%)...... ...... ... ..
.G.S.T. (7%)................. .......... ...... ... .... ....
20% of completed work... ..................... .....
Total security to be retained.... .. .. . .. . .... .. .. .. ..
$33,100.00
$3,310.00
$2,548.70
$63.375.57
$102,334.27
Therefore, in accordance with our letter dated April 25, 2003, the present securities of
$228,487.01 may be reduced to $102,334.27.
We trust that you will find the above in order and we would appreciate confirmation of the
reduction in securities for our records.
Yours truly,
R.G. ROBINSON AND ASSOCIATES (BARRIE) LTD.
'f7~
dson, C.E.T
SP:jd
Copy: J. Zieleniewski
SOl
File #12-89129-51
10 High Street, Barrie, Ontario L4N lWl (705) 721~9222 Fax (705) 734-0764 engpian.@rgra.on.ca
~
./;
-\
TOWNSHIP OF ORO-MEDONTE
REPORT
DEPT. REPORT NO.: TO: COMMITTEE OF THE PREPARED BY:
EES2004-08 WHOLE Keith Mathieson
SUBJECT: DEPARTMENT:
COUNCIL:
Arbourwood Estates Limited Engineering and
(Phase III) Subdivision Environmental Services
C. OF W.: Agreement - Pt. Lot 2, Range .
2, Being Part 1,51 R-29258, DATE:
MOTION #: Save and Except Parts 1 and January 20, 2004
2, 51 R-29574, Being all of PIN
DATE: #58552-0284 (Lt) R. M. FILE NO.:
L04-11356
Phase III of the Arbourwood development consists of two (2) cul-de-sacs, being Jenna Court and
Diane Court, totaling nine (9) lots, in the village of Shanty Bay.
The Developer is now requesting that the Township consider entering into a Subdivision Agreement
for this development.
The Developer has constructed the municipal services through a Pre-Servicing Agreement and has
posted the required securities, as approved by the Township Engineers.
The upgrades to the Shanty Bay municipal water system have been completed to accommodate this
development. The Township solicitor, Township Engineer and Township staff have no concerns with
entering into this Agreement.
1. THAT Report #EES2004-08 be received and adopted.
2. THAT the Township enters into a Subdivision Agreement with Arbourwood Estates Limited to
develop Phase III.
~ ._~u4
eJI '- \ 0--
3. THAT the Clerk prepares a By-law for Council's consideration.
4. AND THAT the Developer be notified of Council's decision.
~ d--J-
ubmitted,
Keith Mathieson
.
A
.II- ,
~~-3
SUBDIVISION AGREEMENT
- between -
ARBOURWOOD ESTATES LIMITED (PHASE III)
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Pt. Lot 2, Range 2, Being Part 1, 51 R-29258
Save and Except Parts 1 and 2, 51 R-29574
Being all of PIN #58552-0284 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
January, 2004
By-Law No.
Ipublic works/2004 subdivision agreements/standard subdivision agreement
....,. ..
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
1J-Y
TABLE OF CONTENTS
Part 1
General Requirements
Part 2
The Lands, Plans and Representations
Part 3
Requirements Prior to Execution of Agreement
Pre-Construction Requirements
Part 4
Part 5
Financial Requirements
Part 6
Staging or Phasing
Part 7
Construction Requirements
Part 8
Building Permits and Occupancy
Part 9
Maintenance and Acceptance
Part 10
Default Provisions
SCHEDULES
Schedule "A" - Description of Lands Affected by this Agreement
Schedule "B" - Plan of Subdivision
Schedule "C" - Works to be Constructed
Schedule "D" - Itemized Estimate of Cost of Construction of Each
Part ofthe Works
Schedule "E" - List of Lots Unsuitable for Building Purposes
and/or List of Lots Requiring Special Attention
Schedule "F" - Development Charges
Schedule "G" - Deeds and Easements to be Conveyed
Schedule "H" - Parkland
Schedule "I" Declaration of Progress and Completion
Schedule" J" General Location and Lot Grading Plans
Schedule "K" - Standard Township Letter of Credit
2
.J
~
~d-'5
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the
day of
,2004.
BETWEEN:
ARBOURWOOD ESTATES LIMITED (PHASE III)
(hereinafter called the "Developer")
OF THE FIRST PART
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
WHEREAS the lands affected by this Agreement are the lands described in Schedule
"A" hereto annexed, and are also shown on the Plan of Subdivision attached to and
forming part of this Agreement as Schedule "B" and collectively are herein referred to as
the "said lands";
AND WHEREAS a Draft Plan with Conditions (43T-94004M) has been issued for the
proposed subdivision, which requires that the Developer must satisfy all the
requirements, financial and otherwise, of the Township, including the provisions of
certain Municipal Services;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
premises and for other good and valuable consideration and the sum of TWO
DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the
Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE
TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS
FOllOWS:
3
P ART- 1
6d- lL)
GENERAL REQUIREMENTS
1.1 DEVELOPER'S CONSULTING ENGINEERS
The Developer shall employ Engineers registered and in good standing with the
Association of Professional Engineers of Ontario:
1.1,1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
To prepare designs in accordance with the Township of Oro-
Madonte Engineering Standards and Drawings (dated October,
1997).
To prepare and fumish all required drawings and specifications.
To prepare the necessary contract(s) and provide contract
administration.
To obtain the necessary approvals in conjunction with the
Township, from the Township of Oro-Medonte sewage approval
authority, Simcoe County District School Board and Simcoe
Muskoka Catholic District School Board, and utility companies, or
as a result of legislative or procedural change, the Ministries shall
be deemed to be the Ministry of Municipal Affairs and Housing, as
well as the Council of the Township of Oro-Medonte or the Chief
Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1
and 8.2.
To act as the Developer's representative in all matters pertaining to
the subdivision.
To provide co-ordination in scheduling to comply with the timing
provisions of this Agreement and the requirements of the Township
Engineer, for all the work specified in this Agreement.
To provide supervision during construction of all the services.
To ensure that the work involved in construction of the services is
carried out by construction methods conforming to acceptable
engineering practice.
To maintain records of construction, which shall be available for
inspection or copy by the Township.
To prepare final "as constructed" Mylar drawings which will include
the following with regard to provision of a digital Plan of Subdivision:
Completed digital Plan of Subdivisions must be in AutoCAD 12
drawing format or DXF and be delivered on a 1.44 MB floppy
diskette. Two copies of each Plan of Subdivision are required on
separate diskettes.
Each diskette must be labeled identifying the legal property
description, developer's name, file name, and date delivered.
PKZIP Release 2.04G may be used to perform file compression, if
required.
It is the Developer's responsibility to ensure that all drawing
changes occurring throughout the approval process are
incorporated into the digital submission.
4
-,
1.1.11
1.1.12
6cl-l
All line data depicting property boundaries must be mathematically
closed to form polygons.
The lines, which describe the boundary of all properties created
within the Plan of Subdivision, will be isolated on a unique
layer/level. In certain cases, some of the line segments will
coincide with the location of concession lot lines, registered plan
data, open roads, rivers, and lakes.
PLAN OF SUB layer/level will outline the property boundaries in the
form of enclosed polygons.
LA YEA/LEVEL PLAN OF SUB
LINE TYPE CONTINUOUS
COLOUR YELLOW (2)
.
..
0{
The text, which describes the property lot numbers for the Plan of
Subdivision, will be isolated on a unique layer/level. The lot number
will be inserted as descriptive text.
LA YEA/LEVEL PL LTTEXT
FONT MONOTEXT
COLOUR YELLOW (2)
The digital files should contain enough site data as to allow for
horizontal and vertical positioning within the existing base mapping.
A minimum of two road intersections located outside the Plan of
Subdivision must be shown in the drawing.
It is not necessary that the digital data be in Universal Transverse
Mercator (UTM) co-ordinates since the registration process will
automatically convert any unit grid to the "Ontario Base Mapping
UTM. Co-ordinate System".
To furnish the Township with a certificate with respect to each lot or
building block for which a Building Permit application is made,
certifying that the proposed construction is in conformity with the
General Location and Lot Grading Plan or with an approved
variation; (NOTE: That a Professional Engineer could also be
retained to provide the afore-mentioned and any cost incurred by
the Township will be the responsibility of the Developer or individual
lot owner).
To prepare and provide the Township, for each lot or block within
the plan, a certificate of final grade elevation, indicating that the
property has been developed in conformity with the General
Location and Lot Grading Plan or with an approved variation
(NOTE: That a Professional Engineer could also be retained to
provide the afore-mentioned and any costs incurred by the
Township will be the responsibility of the Developer or individual lot
owner).
NOTE: In the case of lots built on after the sale or transfer by the Developer, the
Township reserves the right to request a similar certificate, as required under
1.1.11 and 1.1.12, but it may be provided by a professional Engineer, other than
the Developer's Consulting Engineer. If the Township has their Engineer prepare
the Certificate, the cost of the work will be deducted from the final occupancy and
lot grading deposit and will become the responsibility of the individual lot owner.
5
1.2 LEGAL NOTICE TO DEVELOPER
?d'~
'.
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 thereof in the post office, as follows:
Mr. Frank Reiss
123 Sheppard Avenue East
TORONTO, Ontario
M2N 3A5
Telephone #: (416) 201-2225
(416) 512-7558
In which case, notice shall be effective as of the time and date of successful
transmission thereof.
The Developer shall be responsible for notifying the Township Clerk, in writing, of
any change(s) in his principal place of business.
1.3 REGISTRATION
The Developer consents to the registration of the Subdivision Agreement by the
Township and at the sole discretion of the Township upon the title.of the lands,
the registration expenses shall be included as a legal expense to the Developer.
1.4 VOIDING AGREEMENT
In the event that the Plan is not registered within one year from the date of
signing this Agreement, the Township may, at its option, declare this Agreement
to be null and void.
1.5 MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event of him/they becoming the
Developer(s)of the lands under his/their mortgage by way of foreclosure,
purchase or otherwise, either beneficially or in trust, then the mortgagees) shall
be deemed to be postponed to this Agreement and any lands registered in the
name of the Township shall be free of the mortgage(s), and the mortgagee(s)
agrees to register a discharge of the mortgagees) on those lands if called upon by
the Township, to do so, and he/they shall be subject to the terms of the
Agreement as though he/they had executed this Agreement in the capacity of the
Developer.
1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of him assigning or transferring the
mortgagees) on the lands, the assignment(s) or transfer(s) shall be subject to the
terms hereof, in the same manner as if the assignee or transferor has executed
this Agreement.
1.7 LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple free and clear from all
encumbrances unto the Township, lands for municipal purposes other than
roads, which shall be mutually agreed upon by the Developer and the Township
or to make a cash payment in lieu thereof, as provided by Section 51.5 of the
Plannin!:! Act. R.S.O. 1990, c.P.13 and required by the Township of Oro-
Medonte. The Developer also agrees to certify good title to lands by the
Developer's solicitor. The deeds for the said lands are to be approved by the
Township's Solicitor and thereafter, forthwith, registered and deposited with the
6
..
Township Clerk. The Developer shall pay the cost for preparation and
registration of the said deed. The Developer shall provide to the Township's
solicitor, certification of good title, free and clear from all encumbrances.
~d-1
1.8 EASEMENTS
The Developer agrees to grant, at his expense, all such easements and
rights-of-ways as may be required for the installation and supply of services to
the subdivision and to deed lands to the Township, as set out in Schedule "G".
The Developer also agrees to certify good title to easements and right-of-ways by
the Developer's solicitor. Prior to executing this Agreement, all known
easements shall be filed with the Township in a form approved by the Township's
solicitor.
A list of easements and rights-of-way shall be set out in Schedule "G" of this
Agreement.
1.9 ELECTRICITY AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the electricity supplier and from the
telephone supplier, stating that the Developer has entered into a satisfactory
agreement(s) with them with respect to the costs of installing underground wiring
and financial contributions in this regard.
The cost of any relocations or revisions to existing private companies' plant and
equipment, which are necessary to accommodate this subdivision, shall be bome
by the Developer.
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
The Developer agrees to advise all prospective purchasers that there are no
schools planned within this subdivision, or within walking distance of it, and that
enrolment within the designated Public and Catholic school sites in the
community is not guaranteed, and that pupils may be accommodated in
temporary facilities out of the neighbourhood schools' area.
This clause is to be placed in any Agreement of Purchase and Sale entered into
with respect to any lots on this Plan of Subdivision. The clause should remain in
perpetuity as lots may not be sold or built upon for some time.
1.11 CANADA POST
The Developer agrees to construct a site to the specifications and standards of
Canada Post and the Township, as required for the construction of mailboxes by
Canada Post.
1.12 MINISTRY OF THE ENVIRONMENT
The Developer and each individual lot owner, agrees to comply with the
requirements and recommendations of the Hydrogeologist's Report prepared by
Wilson Associates dated April 11 , 2003.
1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses, 1.1.11, 1.1.12 and Note of 1.1,
1.10,1.11,1.12,5.5,5.7.2,7.3,7.9,7.16,8.1,8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8 and
Schedule "P', to each prospective purchaser of a lot(s).
1.14 SAVE HARMLESS
The Developer covenants and agrees with the Township, on behalf of itself, its
successors and assigns, to indemnify and save harmless the Township, its
7
servants and agents from and against any and all actions, suits,claims and
demands whatsoever, which may arise either directly or indirectly by reason of
any work performed by the provisions of this Agreement.
?dr-IO
The Developer further covenants and agrees to release and forever discharge the
Township from and against all claims; demands, causes of actions, of every
nature and type whatsoever that may arise either as a result of the failure of the
Township to carry out any of its obligations under this Agreement, or, as a result
of the Township performing any municipal work on the said lands or the adjacent
properties which may damage or interfere with the works of the Developer,
provided that such default, failure or neglect was not caused as a result of
negligence on the part of the Township, its servants or agents.
1.15 ENUREMENT
This Agreement shall endure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
8
..
~d -l \
PART-2
THE LANDS. PLANS AND REPRESENTATIONS
2.1 SCOPE OF AGREEMENT
2.2 DESCRIPTION OF LANDS
The lands affected by this Agreement are the lands described in Schedule "A"
hereto.
2.3 PLAN REFERENCE
For the purpose of this Agreement, references are made to the Plan of
Subdivision, attached hereto, as Schedule "B". Any further changes in the said .
Plan, or any changes in the Conditions of Draft Approval issued by the Township
of Oro-Medonte, may necessitate a change in the provisions of this Agreement.
2.4 CONFORMITY WITH AGREEMENT
The Developer covenants and agrees that no work shall be performed on the
said lands except in conformity with:
2.4.1 The provisions of this Agreement, including the Schedules hereinafter
referred to.
2.4.2 The Plans and Specifications submitted to and accepted by the Township
as being within its design criteria including, without limiting the generality of
the foregoing, the Drawings listed in Schedule "CD of this Agreement,
along with the Storm Water Management Study prepared by Reid and
Associates (1994) Ltd. dated revised May, 2000:
Drawing No.
Description
M-Plan
G-01108-2GN1
G-01108-2GEN1
G"()1108-2GEN2
G-011 08-2LG 1
G-01108-2LG2
G-01108-2PP1
G-01108-2PP2
G-01108-2PP3
Legal Survey Plan 51 M-
General Notes
General Servicing
General Servicing
Lot Grading and Storm Drainage Area Plan
(Lots 1-5)
Lot Grading and Storm Drainage Area Plan
(Lots 6-9)
Plan and Profile - Jenna Court
Plan and Profile - Diane Court
Plan and Profile - Storm Easement -
ST.O+OOO-ST A.0+230
Plan and Profile - Storm Easement -
ST .0+230-ST A.0+465
Plan and Profile - Utility Easement -
ST.O+OOO - STA.0+167.91
Provincial Standard Details
Township Standard Details
Township Standard Details
Typical Cross-Sections - Sections A-A to E-E
Typical Cross-Sections - Sections F-F to G-G
Streetlighting
Underground Hydro Design
G-01108-2PP4
G-01108-2PP5
G-01108-2D1
G-01108-2D2
G-01108-2D3
G-01108-2D4
G-01108-2D5
G-01108-2E1
G-01108-2HYD
9
~d-L2
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1
2.4.3.2
2.4.3.3
2.4.3.4
Ministry of the Environment
Electrical Distribution Utility
Township of Ora-Medonte
County of Simcoe
2.4.4 All applicable Township By-Laws, including any applicable Site Plan
Control By-Laws.
2.4.5 All applicable Provincial and Federal Legislation and also including the
Federal Fisheries Act.
"
2.5 RELIANCE UPON REPRESENTATIONS
The Developer acknowledges that:
2.5.1 It has made representation to the Township that it will complete all
Municipal and other works required herein, in accordance with the Plans
filed and accepted by the Township and others, and;
2.5.2 The Township has entered into this Agreement in reliance upon those
representations.
2.6 SCHEDULES ATTACHED
The following Schedules are attached to and form part of this Agreement:
Schedule "A" -
Schedule "B" -
Schedule "C" -
Schedule "D" -
Schedule "E" -
Schedule "F" -
Schedule "G" -
Schedule "H" -
Schedule "I"
Schedule" J" -
Schedule OK" -
2.7 SUBDIVISION CHANGES
Description of Lands Affected by this Agreement
Plan of Subdivision
Works to be Constructed
Itemized Estimate of Cost of Construction of Each
Part of the Works
List of Lots Unsuitable for Building Purposes and/or
List of Lots Requiring Special Attention
Development Charges
Deeds and Easements to be Conveyed
Parkland
Declaration of Progress and Completion
General Location and Lot Grading Plans
Standard Township Letter of Credit
There shall be no changes in the Schedules attached hereto, or in any Plan
accepted by the Township or others, unless such proposed changes have been
submitted to, and approved by, the Township and the Township Engineer.
10
~d -/3
PART-3
REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1 Prior to the execution of this Subdivision Agreement by the Township, the
Developer shall:
3.1.1 Taxes - have paid all Township tax bills issued and outstanding against
the said lands.
3.1.2 Deeds and Easements - have delivered to the Township all
transfers/deeds, discharges and easements or other documents required
by Schedule "G", as well as Certification from the Developer's solicitor that
the Transfer/Deeds and Easements shall provide the Township with good
title, free and clear from all encumbrances.
. .
3.1.3 Postponement Mortqaqe/Charge - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash Deposits, Development Charqes and Security - have paid to the
Township all cash deposits, development charges and security required by
Schedules "D" and "F".
3.1.5 Construction/Enqineerinq Plans and Specifications - have supplied to the
Township, those Plans and Specifications necessary to identify the
construction/engineering aspects of the proposed development, and have
received from the Township an acknowledgment of conformity with
general design concepts of the Township.
3.1.6 Electricity - have supplied to the Township for approval, those plans
necessary to identify the electrical distribution system, lighting
requirements, and power supply to each lot or building or unit, as the case
may be, and these are to be to the required Township standards, which
includes underground wiring.
3.1.7 Insurance Certificate - file with the Township Clerk, an insurance
certificate confirming those coverages specifically set out hereafter.
3.1.8 Consultinq Enqineer's Letter - ensure that each Consulting Engineer (who
must be experienced in the field of Municipal Services) for the Developer,
file with the Township, a letter confirming the terms of his retainer, and
which letter shall be in draft format supplied by the Township.
3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical
Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. and
Canada Post, to write a letter to the Township Clerk confirming that:
3.1.9.1 They have been informed of the project and have seen the
development plans.
3.1.9.2 Satisfactory arrangements have been made with them for
servicing the subdivision without expense or obligation on the part
ofthe Township.
3.1.9.3 Easement requirements, if any.
3.1.10 Land Ownership- be the registered owner in fee simple of the lands
described in Schedule "A", and that there will be no encumbrances
registered against the said lands.
3.1.11 Approvals - obtain and file with the Township, confirmation approvals
from the following:
11
~d-\4
3.1.11.1 Ministry of the Environment
3.1.11.2 Electrical Distribution Utility
3.1.11.3 Township of Oro-Medonte
3.1.11.4 County of Simcoe
3.1.11.5 Simcoe County District School Board
3.1.11.6 Simcoe Muskoka Catholic District School Board
3.1.12 Lot Sizes - file with the Township, a certificate from an Ontario. Land
Surveyor confirming that the frontage and area of each lot meets the
minimum requirements of the Township Zoning By-law.
3.1.13 Community Mail Boxes - file with the Township, a Plan showing the
location of, and access to, community mail boxes.
3.1.14 Mvlars - provide for registration, Mylarsof all Plans incorporated into
this Agreement as Schedules.
3.1.15 Fire Chief Approval - obtain an approval from the Fire Chief of the
Township confirming and approving of the proposed plans for fire
protection, and specifying any hydrants, or other equipment, or
appurtenances required.
12
1d-15
PART-4
PRE-CONSTRUCTION REQUIREMENTS
4.1 Prior to starting construction of the subdivision works, the Developer shall:
4.1.1 Plan Reqistration
Obtain final approval of the Plan from the Township of Oro-Medonte and
obtain registration of the Plan.
4.1.2 Approval of Plans
The Developer and the Engineers employed by him shall have the plans
and specifications for the works approved by the Township Engineer prior
to construction and the originals must be stamped as accepted by the
Township Engineer.
Submit and obtain the Township Engineer's approval of the following, all to
be in accordance with the Township's approved Engineering Standards:
i} the drainage plan;
ii} the lot grading plan;
iii} the service layout plan for Electrical, Telephone and Gas;
iv} the road and sewer plans and profiles.
4.1.3 Certificate of Approval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Drainage Works, detention facilities and waterworks.
4.1.4 Contractor
The said services shall be installed by a contractor or contractors retained
by the Developer and approved, in writing, by the Township Engineer.
The Township and Township Engineer are to be provided with the names
and phone numbers of personnel responsible for the works, including
emergency phone numbers.
4.1.5 Schedulim::t of Works
Prior to the start of construction, the Developer shall supply for the
Township Engineers, approval of 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 Township Engineer may amend this Schedule and
the Developer shall construct, install or perform the works as the Township
Engineer, from time to time, may direct. In any event the Schedule, or
amended Schedule, as the case may be, shall conform to the
requirements of Clause 4.1.8.
4.1.6 Erosion and Siltation Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of sewers, ditches, culverts, slopes, etc., both within the
subdivision and downstream prior to and during construction and upon
completion of servicing of the subdivision. Failing adequate precautions
being taken, the Developer shall be responsible for correcting any damage
and paying all maintenance costs resulting therefrom.
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township Engineer. Prior to any
13
~ d -( lD
grading or construction commencing on the site or final approval and
registration of the subdivision, the Developer's Engineer shall submit the
Plan for approval by the Township Engineer. The Plan shall detail the
means whereby erosion and siltation and their effects will be minimized on
the site during and after the construction period. The Developer agrees to
carry out, or cause to be carried out, the work approved in the Plan, and
such work will be certified, in writing, by the Developer's Engineer and
provided to the Township Engineer. The Developer agrees to maintain all
erosion and siltation control devices in good repair during construction.
4.1.7 SiQns
Signs at least .1.2 metres by 1.8 metres shall be provided and erected by
the Developer at each entrance to the subdivision, at a location approved
by the Township Engineer, and the signs shall read as follows: .
"ROADS NOT ASSUMED BY TOWNSHIP. USE AT YOUR OWN RISK"
The signs shall be painted either orange or yellow with black lettering.
These signs shall be installed prior to the commencement of construction
and be removed after the issuance of the Certificate of Substantial
Completion and Acceptance (Aboveground Services).
4.1.8 Notification of Commencement and Completion
The Developer shall not commence the construction of any of the works
until the Developer has provided forty-eight (48) hours written notice to the
Township Engineer, of his intent to commence work.
The Developer shall complete the works expeditiously and continuously for
the first phase and all underground services shall be installed within one
year of the day of registration of this Agreement, and all aboveground
services shall be installed in accordance with the Declaration of Progress
and Completion, as required under Clause 7.11 of this Agreement, but no
longer than two years from the date of registration of this Agreement,
unless extended by the Township Engineer. Subsequent phase shall be
completed within a one (1) year time frame for underground services and
two (2) years for aboveground services from date of commencement.
Should for any reason there be a cessation or interruption of construction,
the Developer shall provide forty-eight (48) hours written notice to the
Township Engineer before work is resumed;
If the municipal services to be constructed by the Developer under this
Agreement are not completed and accepted by the Township within the
above time frame, the Township may either;
a) Give notice to the Developer to stop work on the said municipal
services and to provide that no further work shall be done with respect
to such services, until an amending Agreement, incorporating the
standards, specifications and financial requirements of the Township,
in effect as of that date, is executed by all parties; or
b) Give notice to the Developer to stop work on the municipal services
and inform the Developer that the Township proposes to realize on its
security and proceed with the completion of construction, in
accordance with the provisions of the Plans filed with the Township.
4.2 BREACH OF AGREEMENT
If the Developer commences or causes construction of the works prior to
satisfying the requirement of this Agreement, it shall be subject to the penalties
identified in Part 10.
14
gd -17
PART~5
FINANCIAL REQUIREMENTS
5.1 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"
unless specifically stated otherwise.
5.2 TOWNSHIP'S LEGAL. PLANNING AND ENGINEERING COSTS
The Developer agrees to pay to the Township, the cost of the Township's lawyer
and Planner for all costs involved in processing the subdivision and of the
Township's Engineer for checking of plans and specifications and inspection on
behalf of the Township. The inspection by the Township will depend on the type
of construction and the amount provided will be deemed necessary by the
Township. In this regard, the Developer agrees to pay to the Township, the sum
of TEN THOUSAND DOLLARS ($10,000.00) upon submitting a Plan to the
Township for consideration to be applied to account of such costs. As accounts
are received from the Township Planner, lawyer and Engineer, they will be paid
by the Township and then submitted to the Developer for reimbursement within
thirty (30) days, so that the initial deposit will again be built up to enable the
Township to pay the next accounts as they are received. In the event that the
deposit is drawn down to a level of FIVE THOUSAND DOLLARS ($5,000.00), or
less, and the Developer does not pay the accounts within thirty (30) days, it is
hereby understood and agreed that the Developer would be in default of this
Agreement and the Township may, without notice, invoke default provisions as
set out in this Agreement.
5.3 DEVELOPER'S LIABILITIES
Until the Township has issued the Certificate of Maintenance and Final
Acceptance for the works, the Developer shall indemnify the Township 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,
and the Township shall not be deemed to be the Developer.
5.4 UTILITY COSTS AND CHARGES
The Developer shall deal directly with all Utility companies. He or his Consulting
Engineer shall obtain all approvals and permits and pay all fees and utility
charges directly to the Utility until the Certificate of Maintenance and Final
Acceptance (Underground Services) is issued.
If an additional electrical service is required for Township purposes, the
Developer shall include the cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES. REAL PROPERTY TAXES AND OTHER LEVIES
AND IMPOSTS
a) Development charges and education development charges shall be
payable on a per-lot basis, prior to the issuance of the first Building Permit
with respect to the particular lot.
b) . The Developer agrees to pay for all arrears of taxes or other Township or
provincial charges, taxes or levies outstanding against the property herein
described before the approval of the said Plan is obtained. The Developer
further undertakes and agrees to pay 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.
15
V-ICl
c) Before the Plan is approved, the Developer agrees to commute and pay
the Township's share of any charges made under the Orainaqe Act and
the Municipal Act. 2001. S.O. 2001. c.25 at present serving this property
and assessed against it.
These charges are set out in Schedule "F" of this Agreement.
NOTE:
In addition to the Municipal Development Charges, the lots may be
subject to County development charges and applicable
development charges of any Public Utility.
5.6 SECURITIES
Prior to signing the Subdivision Agreement, the Developer will deposit with the
Treasurer of the Township to cover the faithful performance of the contract for
the installation of the said services and the payment of all obligations arising
thereunder, the following securities:
a) Cash in the amount of one-hundred percent (100%) of the estimated cost
of the said work as approved by the Township Engineer and Township
Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in
accordance with the requirements of Schedule "K" with an automatic
renewal clause, in the amount of one hundred percent (100%) of the
estimated costs of the said works, as set out in Schedule "0" and as
approved by the Township Engineer. The Letter of Credit shall be for a
minimum guaranteed period of one (1) year, or such time as the Township
decides, and shall be renewed automatically, as necessary, three (3)
months prior to expiration. Unless the Letter of Credit is renewed, as
noted above, the Township shall have the absolute right to refuse to issue
Building Permits and to prohibit occupancy of homes, whether partially or
fully completed, from the said date, three (3) months prior to the expiration
of the Letter of Credit, or the Township may cash the Letter of Credit until
a satisfactory Letter(s) of Credit is received by the Township.
c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the
estimated cost of the works, as set out in Schedule "0", will be reviewed
and updated by the Township Engineer on each anniversary of the date of
execution of this Agreement. In the event of an increase, the Developer
shall provide additional security, as required by the Township Engineer,
within thirty (30) days of notice, by registered mail, from the Township
Engineer.
In the event that the Developer fails to deliver to the Township the
additional security as required by the Township Engineer, it is hereby
understood and agreed that the Developer be deemed to be in default of
this Agreement and the Township may, without notice, invoke default
provisions as set out in this Agreement.
The Township reserves the right to accept or reject any of these
altemative methods of providing securities. Prior to depositing the
securities, the Developer's Engineer shall submit an estimate of the cost of
the works to the Township Engineer for approval. When the cost estimate
has been approved, it will be set out in Schedule "0" of this Agreement
. and will become the basis for the limits of the securities.
In the event that the tendered contract price for the Township services set
out in Schedule "0" is greater by 10% than the estimates in the said
Schedules, then the security provided for above shall be increased to an
amount equal to the tendered contract price.
16
1dJ e /e;
d) Application - any Letter of Credit or security filed with the Township is based
upon the estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and security received by the
Township may be used as security for any item or any other matter, which
under the terms of this Agreement, is the responsibility of the Developer,
including, without limiting the generality of the foregoing, payment of
Engineering, legal, Planning, and Development Charges, or other costs
incurred by the Township, which are the responsibility of the Developer
under the terms of this Subdivision Agreement, as well as development
charges and costs to acquire lands or interest therein.
e) Default - if, in the event of default of the Developer under any of the
provisions of this Agreement, it becomes necessary for the Township to
realize on its security or deposits, then the Township (its servants, agents or
sub-contractors) shall, if the Township so elects, have the right and privilege
at all times to enter upon the said lands for the purpose of repairing or
completing any work or services required to be completed by the Developer
under this Agreement.
f) Exceedinq Cost Estimates - if the costs of completing such work or service
exceeds the amount of security held by the Township, such excess shall be
paid by the Developer to the Township, thirty (30) days after invoicing by the
Township. All overdue accounts shall bear interest at the rate of 12% per
annum.
g) Save Harmless - the Developer, on behalf of itself, its successors and
assigns, agrees to indemnify and save harmless the Township from and
against any and all claims, suits, actions and demands whatsoever which
may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to
complete the work or services required to be completed under this
Agreement, provided the subject matter of such action, suits, claims or
demands was not caused intentionally or through gross negligence on the
part of the Township, its servants or agents or sub-contractors.
h) Construction Lien Act - if the Township becomes obligated to make any
payments, or pay any costs under the provisions of Section 17(4) of the
Construction Lien Act. this will constitute a default and entitle the Township
to realize upon its security.
i) Surplus Funds - in the event that the Township cashes a Letter of Credit to
complete Township services or satisfy any obligations under this
Agreement, any surplus monies that remain after this work is completed
shall, upon full compliance by the Developer with the terms of this
Agreement, be retumed to the issuing financial institution for transmission to
that party that took out the original Letter of Credit.
5.7 DISCHARGE OF SECURITIES
5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the
services based on the total estimated cost of works in the subdivision or in
an approved stage of the subdivision, and provided the Developer is in
compliance with all aspects of the Subdivision Agreement, the Developer
shall, as the work further proceeds to completion, have the privilege, on
application to the Township and upon certification of the Township
Engineer, of obtaining reductions of the cash or Letter of Credit deposited
for the installation of the services, in increments of not less than ten percent
(10%). Upon application for reduction of the securities, the Developer's
Engineer shall provide an estimate of the cost to complete the work. This
amount, when approved by the Township Engineer, shall be retained along
with twenty percent (20%) of the completed work estimate and the
remainder released. A further ten percent (10%) of the completed work
17
Ii
~.d -c;,JO
estimate will be released upon satisfactory assurance to the Township that
there are no liens pursuant to the Construction lien Act affecting lands
conveyed or to be conveyed to the Township within the Plan of Subdivision,
pursuant to the terms of this Subdivision Agreement.
5.7.2 Final Occupancy and Lot Gradin!:! Deposit - the Developer shall deposit with
the Township, the required Final Occupancy and Lot Grading Deposit at a
rate applicable at the time of the issuance of Building Permits. Upon
certification of final grade elevations indicating that the property has been
developed in conformity with the General Location and Lot Grading Plan by
a certified Engineer and approved by the Township Engineer, the balance of
the deposit shall be retumed.
5.8 STATUTORY DECLARATION OF ACCOUNTS PAID
The Developer agrees that upon applying for a Discharge of Securities or for a
Certificate of Substantial Completion and Acceptance, or for a Certificate of
Maintenance and Final Acceptance for the services within the subdivision, or
upon applying for prior acceptance of the underground services, he shall supply
the Township with a Statutory Declaration that all accounts for work and
materials for said services have been paid and that the Construction lien Act has
been complied with and that no liens thereunder have or can be registered,
except normal guarantee holdbacks, and that there are or will be 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.
5.9 PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges,
expenses or obligations of the Developer under the provisions of this Subdivision
Agreement all of its right, title and interest in the said lands, and consents to the
registration of this Subdivision Agreement against title to the said lands.
5.10 INSURANCE CERTIFICATE AND POLICY
5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on
or prior to the execution of the Agreement, an insurance certificate with
an insurance company satisfactory to the Township, (which said approval
shall not be unreasonably withheld or delayed), and insuring for the joint
benefit of the Developer, their agents and the Township and their agents,
against any liability that may arise out of the construction or installation of
any work to be performed pursuant to this Agreement and for a period of
one (1) year after completion and acceptance of the Township services
to be constructed herein.
5.10.2 Comprehensive General liability/Environmental Impairment Liabilitv
such policy shall carry limits of liability in the amount to be specified by
the Township, but in no event shall it be less than FIVE MILLION
DOLLARS ($5,000,000.00) inclusive comprehensive general liability,
environmental impairment liability in an amount not less than FIVE
MILLION DOLLARS (5,000,000.00), and such policy shall contain:
a) a cross-liability clause;
b) product/completed operation coverage;
c) shall not have an exclusion pertaining to blasting, provided that any
blasting required to be done shall be done by an independent
contractor duly qualified to do such work;
d) shall include the following names as insureds:
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
5.10.3 Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days in advance of any
cancellation or expiry of the said insurance policy.
18
~J - r1f
5.10.4 Certificate of CoveraQe - any certificate of coverage filed with the
Township Clerk shall specifically contain their confirmation that coverage
includes (a), (b), (c) and (d) above and are in effect.
5.10.5 Confirmation of Premium Payment - the Developer shall, from time to
time as required by the Township, provide confirmation that all premiums
on such policy or policies insurance have been paid, and that the
insurance is in full force and effect. The Developer shall see that a copy
of the policy is filed with the Township.
5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of
insurance shall not be construed as relieving the Developer from
responsibility for other or larger claims, if any, and for which it may be
held responsible.
19
-<6J -;).~.
PART-6
STAGING OR PHASING
6.1 STAGING OR PHASING
The Township, in its sole discretion, may instruct the Developer to construct the
services in particular stages or phases suitable to the Township, and the
Developer must comply on terms to be agreed to by the Township. If the
Township does not so instruct, the Developer, before commencement of any
work, may request the Township's permission to divide the area of the
subdivision into convenient stages. If the work is thus staged, as approved by
the Township, then in lieu of furnishing cash payment or Letter of Credit, all as
set out in Clause 5.6 for one hundred percent (100%) of the estimated costs, as
approved by the Township Engineer, the Developer shall deposit security for part
of the services the Township has approved. Before proceeding with an additional
stage, the Developer shall obtain the written approval of the Township and no
service will be permitted to be installed and no Building Permits issued until this
approval has been received and additional securities deposited. When fifty
(50%) of the lots of the subdivision or stages of the subdivision have been built
upon and all the services have not been completed and approved by the
Township Engineer, the Township reserves the right to refuse commencement of
the next stage until all services have been installed and approved.
In no event will further subdivisions of the Developer or stages of subdivisions of
the Developer be approved if all services of the active stage approved by the
Township Engineer have not been completed within a two (2) year period after
registration of this Agreement.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until at
least fifty percent (50%) ofthe lots on the subdivision or stage of the subdivision
have completed dwellings erected therein and Occupancy Permits have been
issued. The Developer shall be responsible for the maintenance of the services
in this case until the Township has assumed the responsibility of the services.
20
1;;J ~:J "
.....,..J
PART.. 7
CONSTRUCTION REQUIREMENTS
7.1 WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "C" 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.
The works are to be designed and constructed in accordance with the current
Engineering Standards adopted by By-Law by the Township at the time of signing
of the Subdivision Agreement. A copy of these standards is available at the
Municipal Office.
If at any time, and from time to time during the development of the subdivision,
the Township 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 construct, install or perform such additional works at the request of the
Township Engineer.
7.2 CONSTRUCTION OF WORKS
Following the registration of this Agreement, the Developer shall cause to be
constructed, all requisite works in order to provide services to the lots and
buildings blocks within the Phase.
7.3 PRESERVATION AND PLANTING OF TREES
7.3.1 The Developer must preserve all healthy trees within the limits of the
subdivision, where possible. If, in the opinion of the Township Engineer,
indiscriminate removal of trees takes place within the limits of the Plan of
Subdivision, including road allowances, parkland, and individual lots, the
Township shall have the option of having a Stop Work Order on
construction of the services and/or building on a particular lot where the
removal is taking place. Work will not be allowed to proceed until the
Township is satisfied that the practice will not continue and the
Developer/Builder agrees to carry out remedial work requested by the
Township. The Developer agrees to provide a copy of this clause to each
and every prospective builder/prospective purchaser.
7.3.2 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a
minimum of 50 mm caliper on each lot having less than three (3) trees in
the front yard(s), if required by the Township. The type of trees must be
satisfactory to the Township.
7.3.3 In addition, the Developer shall plant trees with the above specifications at
15 metre intervals around the perimeter of the park, if one is to be located
within the plan, in areas where there is not a sufficient growth of trees.
7.4 MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump, nor permit to be
dumped, any fill or debris on, nor shall he remove or permit to be removed, any
fill, topsoil, trees or shrubs from any public or Municipal lands, without the written
consent of the Township Engineer.
7.5 BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall
obtain from the Township Engineer or Township Public Works Official, written
permission for carrying out the blasting operation, and shall obtain the blasting
21
?},J'/
permit and show proof of insurance for all damage or claims for damage resulting
from the blasting operation. The Developer, in any event, shall be responsible for
any such claims.
7.6
ACCESS ROADS
. .
All access roads must be maintained by the Developer in good repair acceptable
to the Township Engineer and Township Public Works Official during the time of
construction, including dust control and the removal of any mud or debris tracked
from the subdivision, and no roadway outside the limits of the proposed
subdivision may be closed without the written consent of the Township Public
Works Official. For the purpose of getting such consent, the Developer shall
advise the Township Public Works Official and the Township Clerk of the date
and time they wish to close a roadway. The Township reserves the right to limit
or prohibit the use of any existing access road by the Developer.
7.7
DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road, road
allowance or existing structure or plant located on the road allowance as a result
of the subdivision development and shall pay for any costs involved in the
relocation of existing services, such as hydrants, telephone poles, etc;, which
may become necessary because of the development of the subdivision. In this
regard, the Developer's Engineer shall arrange for an inspection with the
Township Public Works Official and Township Engineer for the purpose of
compiling an inventory of existing conditions prior to work on the subdivision.
Otherwise, the Township Public Works Official's assessment of conditions prior
to construction will be final.
7.8 DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground
Works) has been issued, the Developer shall apply calcium to the roads within
the subdivision and/or utilized by construction traffic, in quantities sufficient to
prevent any dust problem to traffic or home occupants, to the satisfaction of the
Township Engineers.
If the Developer has not taken remedial action within twenty-four (24) hours of
receiving a written notification (via facsimile) from the Township's Engineer
regarding a dust control problem, then the Township's Engineer, at their sole
discretion, shall employ outside forces to implement, at the Developer's expense,
a suitable measure of dust control.
7.9 CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must be
disposed of in an orderly and sanitary fashion by the Developer, off the site of the
subdivision, at a licensed landfill site. The Township is not responsible for the
removal or disposal of refuse, garbage and debris. Open air buming is not
permitted by the Township. The Developer agrees to deliver a copy of this
clause to each and every builder obtaining a Building Permit for any lot or part of
a lot on the said Plan of Subdivision.
7.10 INSPECTION OF CONSTRUCTION OF SERVICES
During construction of the services, the Township may inspect the work in hand
at such times and with such duration and frequency as the nature of the type of
construction may dictate. Subject to the obligations of the Township Engineer to
protect the interests of the Township through such inspections, every effort will
be made to keep duplication of engineering services on site to a minimum. If,
during such inspections, the Township Engineer perceives that construction,
whether by method or otherwise, constitutes an immediate danger to life or
property, or construction does not conform to acceptable practice in order to
meet the requirements for services, he will have the authority to cease
22
"6J~J$
construction operations by verbal notice to the contractor and/or the Developer's
Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter.
A copy of this clause shall be delivered by the Developer to each and every
contractor engaged in construction of services for the subdivision.
7.11 DECLARATION OF PROGRESS AND COMPLETION
7.11.1 Prior to the approval of the underground services, the Developer shall
provide the Township Engineer with an undertaking for the completion
dates of all remaining works required by this Agreement and in a form
similar to that attached to this Agreement as Schedule "I", the Declaration
of Progress and Completion, for approval of the Township Engineer. The
Township reserves the right to alter the completion dates as it sees fit and
the Developer agrees to cornplete the services.
. -
7.11.2 It is understood and agreed that should the Developer fail to construct
the remaining services, as stipulated, and by such dates as provided in
the Declaration, the Developer shall pay to the Township, as pre-
determined liquidated damages, the sum of FIFTY DOLLARS ($50.00)
for each and every day the said services are behind schedule of
construction, and NO FURTHER BUILDING PERMITS SHALL BE
ISSUED.
7.12 PROGRESS OF WORKS
After the completion of the underground services, the Developer shall complete
the Declaration of Progress and Completion for the approval of the Township
Engineer and from that date, the said Declaration shall apply and take
precedence over Clause 4.1.5. Prior to signing the Declaration of Progress. and
Completion, the Developer shall install all works in accordance with the Schedule
of Works or as directed by the Township Engineer. If he fails to adhere to the
scheduling provisions outlined in the Schedule of Works or the Declaration, or
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 Township Engineer, then upon the
Township Engineer giving seven (7) days written notice by prepaid registered
mail to the Developer, the Township Engineer may, without further notice, enter
upon the said land and proceed to supply all materials and to do all necessary
works in connection with the installation of the said works, including the repair or
reconstruction of faulty work and the replacement of materials not in accordance
with the specifications, and to charge the costs thereof, together with an
engineering fee of ten percent (10%) 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 Township within thirty (30) days of the date on the bill, the money
owing may be deducted from the cash deposit or Letters of Credit. It is
understood and agreed between the parties hereto that such entry upon the land
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 Township.
The Township, in addition to all other remedies it may have, may refuse to issue
Building Permits until such works are completely installed in accordance with the
requirements of the Township Engineer. It is agreed that a copy of this clause be
delivered by the Developer to each and every builder obtaining a Building Permit
for any lot or part of a lot on the said Plan.
7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the electricity and street lighting, sewer system, detention pond
and waterworks will be constructed, inspected and approved prior to the
completion of the other works, including roads and boulevards.
23
~J ~t2 It,
Building Permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Municipal Underground
Services). The two (2}year maintenance period for the underground services will
commence when this Certificate is issued.
During the maintenance period, the Developer shall be responsible for the normal
operation and maintenance, and all repairs for the services noted in the
Certificate.
-.
If, during the two (2) year maintenance period, the Developer fails to cany out
rectification and repair work as requested by the Township, then the Township
may carry out the work and be reimbursed the cost of the work from the
Developer's securities, as set out under Clause 9.3.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services, in this case, until the Township has assumed the
responsibility of the services;
7.14 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at- any time, or
from 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 the
works by the Township or any assumption by the Township of any liability in
connection therewith, or a release of the Developer from any of his obligations
under this Agreement.
7.15 USE OF WORKS BY TOWNSHIP
The Developer agrees that:
I. The works may be used prior to acceptance by the Township or other
authorized persons for the purpose for which such works are designed.
II. Such use shall not be deemed an acceptance of the works by the Township,
and;
III. Such use shall not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the works so used.
7.16 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the Plan shall be graded
to drain in accordance with overall Grading Plans G-01108-2LG1 and G-01108-
2LG2 prepared by the Developer's Engineer, and approved by the Township
Engineer on November 15, 2002 and the Township of Oro-Medonte. Some fill
and regrading of lots may be necessary during or after building construction. The
Grading Plan shall show all existing and final grades on lot comers, as well as
mid-lot elevations, where deemed necessary by the Township Engineer.
It is understood and agreed by the parties hereto that drainage of surface water
on the lots and blocks on the Plan is the sole responsibility of the respective lot
owners once the required drainage works have been constructed by the
Developer.
The storm swales shall be landscaped and maintained by all subsequent lot
owners. The purpose of the storm swales is to accommodate storm drainage
waters from the subject lot and adjacent lands. No lot owner in the subdivision
shall encumber or impede storm drainage in any manner whatsoever. In the
event that the Developer, or any subsequent lot owner, obstructs, impedes, or
24
~jJ -
interferes with the storm drainage flow through any part of the storm swale, or
interferes with the acceptance of water from any connecting swales, then the
Township shall have the right, if it so elects, to enter upon the subject lands to
rectify such problems so that the swales can serve their original purpose.
Within the swale area, the Developer, and any subsequent lot owner, shall not
construct any works, remove, or permit to be removed, any soil from the said
swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled,
installed or erected in, over, upon, under or through the said swale/easement,
any fence, well, foundation, pavement, building or other structure or other
installation.
..~
The lot owner of any lot in the subdivision upon which the Township elects to
enter for the purpose of rectifying the said work, hereby agrees to indemnify and
release the Township from and against all claims, demands, actions or causes of
action whatsoever arising as a result of the Township or of its servants or agents
entering upon the lands for the purpose of correcting drainage problems. The
cost of such work will be for the accoont of the lot owner. Any invoices not paid
within thirty (30) days after the due date, shall be added to the tax roll and
collected in a like manner as realty taxes, as per Section 427 of the Municipal
Act, 2001.
The Developer agrees to deliver a copy of this clause to each and every
prospective purchaser and/or builder obtaining a Building Permit for any lot or
part of a lot on the said Plan of Subdivision.
Generally, the drainage facilities will consist of open ditches within the
subdivision or storm sewers in certain locations to provide a satisfactory drainage
outlet, and will be in accordance with Drainage Plans G-01108-2LG1 and
G-01108-2LG2 prepared by the Developer's Engineer, and approved by the
Township Engineer on November 15,2002 and the Township of Oro-Medonte.
7.17 PARKLAND WORKS
The Owner has conveyed the parkland on the abutting lands to the north,
described as 43T -92024, 51 M-696, Blocks 101 and 103.
7.18 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services". shall mean the storm drainage works
(including culverts, stormsewer and detention pond), waterworks,
underground electrical distribution system, and street lighting serving the
Plan of Subdivision, as more particularly described in Schedule "C" to this
Subdivision Agreement.
(ii) The term "Certificate of Substantial Completion and Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services to be installed by the Developer under the
provisions of this Subdivision Agreement, as more particularly identified in
Schedule "C", have been substantially completed in accordance with plans
and specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
. (Municipal Underground Services) shall not constitute an assumption of the
Municipal Underground Services by the Township.
(iii) The term "Certificate of Maintenance and Final Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services constructed by the Developer, in
accordance with the terms of this Subdivision Agreement, and as more
particularly identified in Schedule "C", have been satisfactorily completed
25
~;.. ;; C6
and maintained by the Developer during the two-year (2) maintenance
period, and issuance of the said Certificate shall constitute final acceptance
and assumption of the Municipal Underground Services by the Township.
(iv) The term "Aboveground Services" shall mean all Municipal services to be
constructed by the Developer pursuant to the terms of this Subdivision
Agreement, as more particularly identified in Schedule "C", excluding
Underground Services.
(v) The term "Certificate of Substantial Completion and Acceptance
(Aboveground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Aboveground Services to be installed by the Developer under the provisions
of this Subdivision Agreement, as more particularly identified in Schedule
"C", have been substantially completed, in accordance with plans and
specifications reviewed and accepted. by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Aboveground Services) shall constitute an assumption of the Aboveground
Services by the Township for winter maintenance only.
(vi) The term "Certificate of Maintenance and Final Acceptance (Aboveground
Services)" shall mean a Certificate issued by the Township upon the
recommendation of the Township Engineer confirming that the
Aboveground Services constructed by the Developer in accordance with the
terms of this Subdivision Agreement, and as more particularly identified in
Schedule "C", have been satisfactorily completed and maintained by the
Developer during the two-year (2) maintenance period, and issuance of the
said Certificate shall constitute final acceptance and assumption of the
Aboveground Services by the Township.
(vii) The term "Certificate of Substantial Completion and Acceptance" means a
Certificate of Substantial Completion and Acceptance (Municipal
Underground Services) or a Certificate of Substantial Completion and
Acceptance (Aboveground Services), as the provisions of this Subdivision
Agreement require.
(viii) The term "Certificate of Maintenance and Final Acceptance" means a
Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) or a Certificate of Maintenance and Final Acceptance
(Aboveground Services), as the provisions of this Subdivision Agreement
require.
26
~ ~~q
PART-8
BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE
The Developarfurther agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building Permit for any
part or portion of the said lands or on any lot therein, and no Building Permit shall
be issued until a Sewage System Permit approval has been received for the land
in question.
The Developer's Engineer shall prepare an overall Lot Development Plan for
approval by the Township of Oro-Medonte and the Township Engineer, as a
further requirement to Clause 7.16. The Plan shall include the following:
a) envelopes for the proposed house and any adjacent structures on each lot.
b) an envelope showing the location, size and elevation of the subsurface
sewage system on each lot and all pertinent engineering design criteria.
c) existing and proposed grades of the disturbed area of lot after building,
drainage and sewage works have been completed.
d) existing and proposed grades on lot comers and mid-lot elevation.
e) location and type of proposed water.
8.1.1 The Developer agrees to advise all prospective lot Developers that a
detailed Site Development Plan for each lot may be required to be
prepared by a Professional Engineer registered with the Association of
Professional Engineers of Ontario, experienced in private sewage system
design, for approval by the Township Engineer, prior to the issuance of a
Sewage System Permit for each respective lot. Site Development Plans,
which conform to the overall Lot Development Plan at an approved metric
scale using metric dimensions and elevations, shall include the following:
a) the location, dimensions and elevations of the proposed dwelling and
any structures to be located on the lot, as well as any adjacent
structures on the adjacent lot(s).
b) the location, size and elevation of the sewage system, all engineering
design criteria and standards pertaining thereto, shall be provided.
c) the location and type of water well, including the water service line to
the dwelling.
d) the existing and proposed grades of the disturbed area on the lot after
building, drainage and sewage works have been completed.
e) the location and grades of any proposed drainage swales.
f) the Professional Engineer will be required to check the elevations of
the footings of the buildings prior to further construction to ensure
conformity with the approved Plans noted above.
g) the Professional Engineer will be required, prior to the issuance of a
Final Inspection Report, to certify to the Township of Oro-Medonte, in
writing, that the foregoing works have been carried out in accordance
with the approved Plans noted above.
27
~J . 30
The Developer further agrees to construct all works required under Clause 7.16,
and as shown on the approved Lot Grading and Storm Drainage Area Plans
G-01108-2LG1 and G-01108-2LG2 prepared by R. J. Bumside and Associates
Ltd. to the satisfaction of the Township of Oro-Medonte and the Township
Engineer.
The Developer further agrees to advise all prospective lot owners of the
requirement that it may be necessary for the sewage system to be installed prior
to construction of the home, subsequent to the issuance of a Sewage System
Permit.
8.2 REQUIREMENTS FOR BUilDING PERMITS
The approval of the Plan by the Township, or the acceptance by the Township of
the works, shall not be deemed to give any assurance that the Building Permits,
when applied for, will be issued in respect of the lots or blocks shown on the
Plan.
Notwithstanding the foregoing, no Building Permits will be given and the Chief
Building Official may refuse any application until:
(i) Township of Oro-Medonte approvals have been obtained and submitted to
the Township. The Township of Oro-Medonte sewage approval authority
requirements are set out in Clauses 7.16 and 8.1.
(ii) The Storm Water Management System and Waterworks have been
installed, tested and approved by the Township Engineer and he has
issued his Certificate of Substantial Completion and Acceptance
(Municipal Underground Services).
(iii) Plans for remaining underground services such as Bell Telephone,
Electricity or Natural Gas have been approved.
(iv) A "Builders" road consisting of the grading, curb and gutter or ditch
shaping and full depth of Granular "B" sub-base, has been constructed on
the road providing access to the lot.
(v) Approval of the Township Engineer has been obtained for the construction
of any buildings to be erected on lots or blocks listed in Schedule "E"
hereto.
(vi) Signs denoting "Unassumed Roads" have been installed at the entrances
to the subdivision in a location acceptable to the Township, in accordance
with Clause 4.1.7.
(vii) A Certificate Letter and Lot Development Plan has been given by the
Developer's Consulting Engineer or a Professional Engineer registered
with the Association of Professional Engineers of Ontario, that the building
to be erected on any lot or block within the Plan, for which a Building
Permit has been applied for, is in conformity with the General location and
Lot Grading Plans, or has received the approval of the Township Engineer
with respect to any variance to the Grading Plan.
The individual Lot Development Plan must be approved by the Township
Engineer prior to the issuance of a Building Permit.
(viii) All dead trees within the limit of the Plan have been removed.
(ix) Arrangements have been made and approved by the Township for
Municipal Address System numbering, as set out in Clause 8.4.
(x) The parkland must be completed to the satisfaction of the Township, as
per Section 7.17.
28
W~3r
(xi) The Traffic and Street Name signs have been installed and approved by
the Township Engineer.
(xii) Any development charges have been paid, in full, in accordance with the
applicable development charge By-Laws, enacted pursuant to the
Development Charqes Act, 1997, as well as By-Laws enacted pursuant to
Section 257.53 of the Education Act, or alternate arrangement satisfactory
to the body enacting the development charge By-Law, have been made
and the same has been communicated to the Chief Building Official for the
Township of Oro-Medonte, in writing, by such a body.
8.3 lOTS UNSUITABLE FOR BUilDING OR lOTS REQUIRING SPECIAL
ATTENTION
Any lot, which will require special attention in order to be serviced, will be listed
on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for
any lot listed in Schedule "E", the Developer's Engineer must submit a letter to
the Township Engineer outlining the measures to be taken to correct the
problems on the lot. This proposal must be approved prior to applying for a
Building Permit.
8.4 MUNICIPAL ADDRESS SYSTEM
The Developer shall be responsible for obtaining the municipal address system
numbers for each and every lot from the Municipal Office. As a further
requirement, in order to obtain a Provisional Certificate of Occupancy, the
Developer and/or builder or lot owner, shall install the afore-mentioned number at
a location approved by the Township. The Developer agrees to provide a copy of
this clause to each and every builder or lot owner in advance of the sale of such
lot(s).
8.5 REQUIREMENTS FOR OCCUPANCY
8.5.1 No buildings erected on the lots or blocks within the Plan shall be
occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has
been issued by the Township in accordance with the Township Building
and Plumbing By-Law.
PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued
to allow occupancy of a building.
8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until:
(i) The roadway has received the granular road base materials full
depth and the base course of asphalt, provided asphalt is
commercially available.
(ii) The underground electrical, telephone lines, gas mains and street
lights have been installed and approved by the Township Engineer.
(Hi) A Certificate letter and individual Lot Development Plan has been
given by the Developer's Consulting Engineer, or a Professional
Engineer registered with the Association of Professional Engineers
of Ontario, that the building constructed, and the final grading of the
lot or block, is in conformity with the General Location and Lot
Grading Plans, or such variance therefrom has been approved by
the Township Engineer.
The final grading on the individual Lot Development Plan must be
approved by the Township Engineer prior to the issuance of a
FINAL CERTIFICATE OF OCCUPANCY.
29
~J~3~.
..
FINAL CERTIFICATE OF OCCUPANCY means a permit issued
when all outstanding items on a Provisional Certificate of
Occupancy, including grading, have been completed.
(iv) Driveway culvert and end protection has been provided to the
satisfaction of the Township, in accordance with the Township's
Road Occupancy Permit.
(v) The trees have been planted on the lot by the Developer in
accordance with Clause 7.3.
(vi) Any deficiencies on a Provisional Certificate of Occupancy has
been complied with. It is agreed that a copy of Part 8 shall be
delivered by the Developer to each and every builder obtaining a
Builder's Permit or any prospective purchaser of the dwelling for
any lot or part of a lot on the said Plan.
8.6 OCCUPANCY LIQUIDATED DAMAGES
Notwithstanding the above, if for any reason whatsoever, occupancy of any
building occurs before the vital services listed in Clause 8.5 are installed to the
home occupied to the satisfaction of the Township Engineer, then the Developer
agrees to pay to the Township, liquidated damages in the amount of ONE
HUNDRED DOLLARS ($100.00), per dwelling, per day, to cover the additional
costs of administration, inspection and fire protection, etc. The liquidated
damages to commence at and include the date of occupancy and end when the
Developer obtains a certificate from the Township Engineer that the vital services
are satisfactorily installed. If the Developer fails to pay to the Township, monies
owing under this clause within thirty (30) days of the date of the bill, the money
may be deducted from the cash deposit or Letter of Credit or other deposited
security.
30
~J-
PART-9
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES
On receipt of the Developer's request for a final inspection of the underground
services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance (Municipal Underground Services) be issued. It should be noted that
the Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) can be applied for by the Developer two (2) years after the receipt of
the Certificate of Substantial Completion and Acceptance (Municipal
Underground Services).
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services in this case until the Township has assumed the
responsibility of the services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES.
When all of the services have been completed, including the surface lift of
asphalt in accordance with this Agreement or in a particular stage, the Township
Engineer and Public Works Official shall make an inspection to ensure that the
Township will accept the road system. The Township Engineer shall issue a
Certificate of Substantial Completion and Acceptance (Aboveground Services)
when the works are accepted by the Township. This Certificate may contain a
list of minor deficiencies, which have to be corrected by the Developer, but which
are not considered of sufficient importance to delay the issuance of the
Certificate and the acceptance of the services by the Township. The two (2) year
maintenance period will commence when the Township Council approves the
issuance of the Certificate.
9.3 MAINTENANCE OF WORKS
The Developer will be responsible for the repair and maintenance of all the
subdivision services for a period of two (2) years from the date the Township
Council approves the Certificate of Substantial Completion and Acceptance.
This shall be called the Maintenance Period. The maintenance shall include the
maintaining and mowing of grass within the road allowances, as well as the
parkland area and detention pond, on a regular basis. If the Township is
requested to carry out this maintenance, the Developer shall pay all charges to
the Township.
If, during this period, the Developer fails to carry out maintenance work within
forty-eight (48) hours after receipt of a request from the Township, then the
Township Engineer may, without further notice, undertake such maintenance
work and the total cost of such work, including Engineering fees, shall be bome
by the Developer. If the Developer fails to pay the Township within thirty (30)
days of the date of billing, then the money owing may be deducted from the cash
deposit or letter of Credit. During the maintenance period, ten percent (10%) of
the original estimated cost of the works shall be retained by the Township.
Towards the end of the maintenance period, the Developer shall make written
request to the Township for a final inspection to be made and notwithstanding the
two (2) year period noted above, the maintenance period will continue for the
original two (2) years, or for thirty (30) days after the receipt of the Developer's
written request for a final inspection, whichever period of time is the greater.
31
W-3~
Notwithstandinganything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services in this
case until the Township has assumed the responsibility of services.
9.4 WINTER ROAD MAINTENANCE
An exception to the liability of the Developer for all maintenance and repair of the
services during the two (2) year maintenance period will be winter control, which
operation will be the Township's responsibility after the issuance of the Certificate
of Substantial Completion and Acceptance (Aboveground Services). Winter
control shall include snow plowing, sanding and any other winter maintenance
operations. It is agreed by the Developer that the winter control operations shall
not prejudice the Township's rights to enforce the maintenance provisions. Prior
to the issuance of the Certificate of Substantial Completion and Acceptance
(Aboveground Services) however, the Developer shall be responsible for the
winter control also. In the event that proper vehicular access or winter control is
not provided by the Developer, the Township, through its servants, contractors, or
agents, may provide without notice to the Developer. Such winter control shall be
only carried out at times deemed to be an emergency by the Public Works
Official. All costs of such work shall be paid by the Developer within thirty (:30)
days of the date of billing or otherwise may be deducted from the cash deposit or
Letter of Credit.
The cost of such works to be at the following rates:
Machinery and Equipment
Labour
Mixed Sand and Salt
Payroll Burden - 41 %
Administration - 7%
G.S.T. - 7%
$40. OO/h r.
$20.00/hr.
$12.00/m3
The Township may adjust these rates from time to time.
The Developer further agrees that any work done by the Township pursuant to
this Agreement before the roads are accepted by the Township, shall not be
deemed in any way to be an acceptance by the Township of the roads in the said
subdivision upon which such work is done. The Developer acknowledges that
the Township, whilst providing winter control, may damage or interfere with the
works of the Developer and covenants that he will make no claims against the
Township for such interference or damage, providing the work is carried out in a
normal and reasonable manner.
9.5 REPLACEMENT OF SURVEY BARS
Prior to the final acceptance of the subdivision by the Township, the Developer
agrees to supply a statement from an Ontario Land Surveyor approved by the
Township that after the completion of the subdivision work, he has found or
replaced all survey monuments, standard iron bars and iron bars shown on the
registered plan. The statement must be dated within two months of the date of
acceptance.
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
Upon receipt of the Developer's request for a final inspection of the Aboveground
Services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance be issued.
32
'X-?cJi ~
-
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services, in this
case, until the Township has assumed the responsibility of the services.
9.7 RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the
requisite public services to the lands, shall be entitled to an effective release in a
form suitable for registration in the Land Registry Office for each lot or block,
which is in conformity with the overall Grading Plan for the lands or such variance
therefrom as has been approved by the Township Engineer.
Every such release shall operate as a discharge of all levies hereunder by the
Township in respect to each lot or block described in the release, with the
exception of the responsibility for drainage as outlined in Clause 9.8 and the
completion and maintenance of the services.
9.8 DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT
OWNERS
It is understood and agreed that the drainage of surface waters upon and from the
said lands shall remain the sole responsibility of the Developer and the subsequent
owners, from time to time, of the lots or blocks within the Plan of Subdivision. The
Developer and subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of
surface waters across and from the said lands in accordance with the provisions of
Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a
copy of this Section 9.8 and Section 7.16 to each and every prospective
builder/prospective purchaser of a lot or block within the Plan of Subdivision.
The Developer and the owner, from time to time, of any lot or block within the Plan
of Subdivision upon which the Township elects to enter for the purpose of rectifying
the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a
result of the Township or of its servants or agents entering upon the lands for the
purpose of correcting drainage problems. The cost of such work will be for the
account of the Developer and/or subsequent lot owner. Any invoices not paid
within thirty (30) days after due date, shall be added to the tax roll and collected in
a like manner as realty taxes as per Section 427 of the Municipal Act. 2001.
33
~'J~
PART -10 - DEFAULT PROVISIONS
10.1 DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Subdivision Agreement,
and in addition to any other remedies, when the Developer is deemed by the
Township to be in default of this Agreement, the Township reserves the right to
realize upon any securities deposited on or on behalf of the Developer to recover
costs incurred by the Township, in accordance with the provisions of Section 5.6 of
this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or
Occupancy Permits, and the Developer agrees not to apply for any Building
Permits or Occupancy Permits for lots or blocks within the Plan of Subdivision, until
such time as the Developer is in full compliance with the provisions of this
Subdivision Agreement.
10.2 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and ensure to the benefit of the parties
hereto and their respective heirs, executors, administrators and assigns.
10.3 SUBSTITUTION FOR APPROVALS
Wherein this Agreement reference is made to any named Ministry of the Province,
Township of Oro-Medonte or other public body, such reference where the same
requires their approval, is deemed to be a reference to any other Ministry or body
as may be substituted by legislative change or policy of the Provincial Govemment
or of the T owoship.
10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses incurred by the
Township in satisfying the obligations of the Developer in the event of default of the
Developer under the terms of this Subdivision Agreement, together with any costs,
charges or expenses incurred by the T owoship in enforcing the obligations of the
Developer under this Agreement, shall be a first charge or lien against the said
lands in accordance with the provisions of Section 427 of the Municipal Act, 2001.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have
hereunto caused to be affixed the corporate seals, duly attested to by the proper signing
officers.
SIGNED, SEALED AND DELIVERED this
day of
,2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
J. Neil Craig
Title Mavor
Per
Marilyn Pennycook
Title Clerk
ARBOURWOOD ESTATES LIMITED - PHASE III
Per ~RF!'A~L-.
, Frank Reiss
Has the Authority to Bind the Corporation
34
'.
~d- r
SCHEDULE "A"
!iQm:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LIMITED - PHASE III.
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in
the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and
being composed of the whole of the lands described as follows:
Pt. Lot 2, Range 2, being Part 1, 51R-29258, save and except Parts 1 and 2, 51R-
29574, being all of PIN #58552-0284 (Lt), Township of Oro-Medonte, County of Simcoe.
35
~J
SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LIMITED - PHASE III.
PLAN OF SUBDIVISION
51-M
36
~
SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LIMITED - PHASE III.
WORKS TO BE CONSTRUCTED
- Road works, including clearing and grubbing, excavation, placing granular road
base materials, concrete curb and spillways, and two lifts of asphalt and
walkways.
- Storm Drainage Works, including detention pond, topsoil, seed and mulch,
sodding of ditches, and siltation and erosion control devices.
- Water works, including water mains, valves, hydrants and valves water services.
- Street name and regulatory signs, electrical supply, including streetlight control
panels and duct crossings.
All of the above works are incorporated onto the following Drawings prepared by R. J.
Burnside and Associates Ltd., Municipal Affairs No. OM-T-94004:
DrawinQ No.
M-Plan
G-01108-2GN1
G-01108-2GEN1
G-01108-2GEN2
G-01108-2LG1
G-D1108-2LG2
G-01108-2PP1
G-01108-2PP2
G-01108-2PP3
G-01108-2PP4
G-01108-2PP5
G-01108-2D1
G-01108-2D2
G-01108-2D3
G-01108-2D4
G-01108-2D5
G-01108-2E1
G-01108-2HYD
Description
Legal Survey Plan 51 M-
General Notes
General Servicing
General Servicing
Lot Grading and Storm Drainage Area Plan
(Lots 1-5)
Lot Grading and Storm Drainage Area Plan
(Lots 6-9)
Plan and Profile - Jenna Court
Plan and Profile - Diane Court
Plan and Profile - Storm Easement -
ST .O+OOO-ST A.0+230
Plan and Profile - Storm Easement -
ST.0+230-ST A. 0+465
Plan and Profile - Utility Easement -
ST.O+OOO - STA.0+167.91
Provincial Standard Details
Township Standard Details
Township Standard Details
Typical Cross-Sections - Sections A-A to E-E
Typical Cross-Sections - Sections F-F to G-G
Streetlighting
Underground Hydro Design
The above-referenced Drawings were stamped, as accepted, by the Township
Engineers, R. G. Robinson and Associates (Barrie) Ltd., on November 15,2002.
37
1/) ~ tit)
SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LlMTED- PHASE III.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS
The following list summarizes the cost estimate of the major works, but is not
necessarily inclusive:
A) Roadway construction complete, including clearing
and grubbing, excavation, granular road base
materials, concrete curb and spillways, and two lifts
of asphalt..........................,......... ................................... ......... . $136,525.00
B) Storm Drainage works complete, including storm sewers,
Ditch inlet catchbasins, culverts, detention pond, topsoil,
seed and mulch, sod, ditching and siltation and erosion
control devices..........................................,................ ..... ....$ 73,973.00
C) Waterworks, including watermains, valves, hydrants and
valves, water services and modification to pumphouse..........$ 58,115.00
D) Miscellaneous items such as street name and
regulatory signs................................................................$ 1,000.00
E) Electrical supply, including street lights,
control panels and duct crossings......................................... ...$ 29,408.50
F)
Parkland works, including grading, trees, fence
and park sign................................... ................. ..............$
0.00
SUB-TOTAL
$299,021.50
G) Allowance for Engineering and supervision.........................$ 29,902.15
TOTAL
7% G.S.T.
$328,923.65
$ 23,024.65
GRAND TOTAL COST
$351,948.30
38
NOTE:
CJd P" ~ J
SCHEDULE "E"
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LIMITED - PHASE III.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
AND/OR LIST OF LOTS REQUIRING SPECIAL ATTENTION
39
6'd. L/~
SCHEDULE "F"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LIMITED - PHASE III.
DEVELOPMENT CHARGES
The Developer acknowledges and agrees that the following development charges are
payable on a per-lot basis prior to the issuance of the first Building Permit for each
particular lot, unless altemative arrangements with the body enacting the By-Law
relating to development charges or education development charges, which
arrangements have been brought to the attention of the Chief Building Official, all
charges are payable by cash or certified cheque in Canadian funds to the Chief Building
Official of the Township:
(i) Development charges in accordance with By-Law 99-081 of the Township of Oro-
Medonte at the rate applicable, upon the issuance of the first Building Permit for
each lot upon which charges are payable.
(ii) Educational development charges in accordance with By-law [#3203-00] oOhe
Simcoe-Muskoka Catholic District School Board at the rate that applies upon the
issuance of the first Building Permit with respect to each lot upon which
educational development charges are payable; and
(iii) Educational development charges in accordance with By-law #3 (2000) of the
Simcoe County District School Board at the rate that applies upon the issuance
of the first Building Permit with respect to each lot upon which educational
development charges are payable.
Please be advised that specific rates applicable to each lot in the Plan of Subdivision
can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the
Simcoe-Muskoka Catholic District School Board, the Associate Director of Education;
and in the case of the Simcoe County District School Board, the Superintendent of
Facility Services.
Please also be advised that development charge By-Laws may be enacted after the
date of this subdivision by the County of Simcoe, pursuant to the Development CharQes
Act. 1997. S.O. 1997. c.27, which may impose a charge on the development of the
lands within the plan of subdivision;
Also, please be advised that the above-referenced By-Laws enacted pursuant to the
Development CharQes Act. 1997 and Section 257.53 of the Education Act. R.S.O. 1990.
c.E.2, may be amended or superceded by subsequent By-Laws enacted in accordance
with the respective legislation.
40
"g-;(
:2
-."I
SCHEDULE"G"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LIMITED- PHASE III.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and
the cost of preparation, execution and registration thereof, shall be bome by the
Developer.
All documents to be registered, shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
1 .1 Block 10
9.0 m Walkway
51M-
2.0 STORM EASEMENTS
2.1 Lot 3
2.2 Lot 3
2.3 Lot 8
6.0 m Easement
10.0 m Easement
10.0 m Easement
51R-
51R-
51R-
3.0 UTILITY EASEMENT
3.1 Lot 2
3.2 Lot 9
6.0 m Easement
6.0 m Easement
51R-
51R-
41
.t:!QIg:
-~
PARKLAND
SCHEDULE "H"
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LIMITED - PHASE III.
1) .qf
The Owner has conveyed the parkland on the abutting lands to the north, described as
43T-92024, 51M-696, Blocks 101 and 103.
42
~J.~5~
SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
DEVELOPER
CONSULTING ENGINEER
~-
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND ARBOURWOOD ESTATES LIMITED - PHASE III
The Developer(s) dated
1. The Developer hereby agrees and undertakes to complete the construction of the
Works as required by the above-mentioned Agreement in accordance with the
time schedule for the completion of services as approved by the Township
Engineer and more specifically in accordance with the following schedule and
conditions:
a) Before any building erected on the lots or blocks in the Plan are occupied
all the Requirements for Occupancy, as set out in Clause 8.5, shall be
complied with.
b) Granular "B" and Granular "A" on or before
c) Grading, topsoiling and seeding of private blocks and parks on or before_
d) Boulevard sodding on all roads on or before
e) Hot asphalt on or before
f) Planting of trees on or before
2. The Developer further agrees that the Township is hereby authorized to carry
out, at his expense, any of the work set out in this Declaration not finished on or
before the completion dates, to be commenced not sooner than one week
following such completion date, it being understood and agreed that the
Township's authorization is limited only to that work required under the
Declaration;
3. The Developer undertakes to properly maintain the gravel road base at all times
and to keep all roads in a mud-free and dust-free condition until such times as
the roads, including boulevards, have been completed;
43
~ ,
'~J~ Llh
4. The Developer further agrees and the Township is hereby authorized to
undertake any of the maintenance work as set out under Item 3 hereof, not
completed by him within 24 hours after receipt of such request for maintenance,
at his expense, and without limiting the generality of the foregoing, the
Township's cost shall be the cost of materials, equipment rental, labour, payroll
burden, plus 20% for overhead;
5. It is understood and agreed that should the Developer fail to construct the
remaining services to carry out the requirements of Item 3 as stipulated, and by
such dates and within such time limits as provided by this undertaking, the
Developer, notwithstanding the costs noted in Section 4, shall pay to the
Township, as predetermined liquidated damages, the sum.of FIFTY DOLLARS
($50.00) for each and every calendar day the said services are behind schedule
of construction provided such delay is not caused by strikes or acts of God or
additional work being required by the Township.
ARBOURWOOD ESTATES LlMITED-
PHASE III
Date
Seal or Witness
44
SCHEDULE "J"
~:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LIMITED - PHASE III.
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the Township,
then:
a) six copies to be delivered to the solicitor for the Township.
b) six copies to be delivered to the Township.
c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered
to the solicitor for the Township.
45
~d -~1-
Trade Finance Centre
29 December, 2003
5621~
2106C BIL-02IO-:;;o.>
~~BC =
5 c:.uEiDuL..e- ... ~ Ir
~d-~
Place and date of issue Lieu et date d'emission
Lettel" of Credit Reference No.
SBGT729571
Beneficiary:
The Corporation of the Township of
Oro-MedontEJ; P.O.Bo".1 00
148 Line Seven South
Oro, Ontario LOL 2XO
Applicant:
Arbourwood EstatesUd;
123 Sheppard Avenue East
Toronto, Ontario
M2N3Z5
AI11.0lJnt:.. .... ... ... Gf\D173.,2t8 .40
One Hundred and Seventy Three Thousand
Two Hundred and Eighteen Canadian Dollars
Forty
Date of Expiry: 29 December 2004
We hereby authorize you to draw on Canadian Imperial Bank of Commerce, Trade Finance Centre.
Toronto, Ontario for the account of Arbourwood Estates Ltd. up to an aggregate amount of
CAD173,218AO (One Hundred and Seventy Three Thousand Two Hundredand Eighteen canadian
Dollars Forty) available on demand.
Pursuant to the request of our said customer, Arbourwood Estates Ltd., we, Canadian Imperial Bankof
Commerce, hereby establ.ishes and give to you this irrevocable letter of credit in your favC)ljr in the above
amount which may be drawn on by you at any time and from time to time upon written demand for
payment made upon us by you, which demand we shall honour without enquiring whether you have the
right as between yourself and our said customer to make such demand,andwithoutrecognizing any
claim of our. said customer, or objection by them to payment by us.
Demandshall be by way of a letter signed by an authorized signing officer of the Corporation of the
Township of Oro-Medonte, attached to which shall be the original letter of credit and presentation shall be
made to Canadian Imperial Bank of Commerce at Trade Finance Centre, The Atrium on Bay, 595 Bay
Street, 7th Floor, Toronto, Ontario M5G 2M8.
This letter of credit, we understand, relates to a Subdivision Agreement between our said customer and
the Corporatic:>nof the Township of Oro-Medonte regarding Phase III of the Subdivision Agreement.
The amount ofthis letter of credit may be reduced from time to time as advised by notice inwriting given
to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte.
This letter of credit will continue in force until December 29, 2004 and will expire on that date at our
counters at Trade Finance Operations, The Atrium on Bay, 595 Bay Street, 7th Floor, Toronto, Ontario
M5G 2M8, but shall be subject to the condition hereinafter set forth.
It is a condition ofthis letter of credit that it shall be deemed to be automatically extended, without
amendment, for one year periods from the present or any future expiration date hereof, unless at least
thirty (30) days prior to the present or any future expiration date, we notify you in writing by registered
mail or courier that we elect not to consider this letter of credit to be renewable for any additional period.
Partial drawings are permitted.
Drawings under this letter of credit are to state that they are drawn under Canadian Imperial Bank of
Commerce, Trade Finance Operations, Toronto, Ontario, letter of credit mentioning its number and date.
The CIBC logo is a registered trademark of Banque CIBC. Le logo CIBC est une marque de commerce de la Banque CIBC.
Page 1. of 2
~~CIBC
Trade Finance Centre
29 December, 2003
5621348
2106C BIL-02107
Place and date of issue Lieu et date d'emission
<gJ -l{~
This Page JormS .anintegral part of our Letter of Credit No. SBGT729571,
We hereby agree that drawings under this letter of credit will be duly honoured upon presentation
provided that all terms and conditions of the letter of credit have been complied with.
This letter of credit may be cancelled prior to the expiry date upon our receipt at the above-noted address
of the original letter of credit and your signed letter addressed to us requesting cancellation of the letter of
credit. Such cancellation shall be effective on the date we receive the documents noted herein.
This letter of credit is subject to the Uniform Customs and Practice for Documentary Credits (1993
Revision}lnternational Chamber of Commerce, Publication No. 500 and engages us in accordance with
the terms thereof.
. -
For Canadian Imperial Bank of Commerce
c/J fcu.CJAVC~f7
Counter Signature
S223
Page 2 of 2
The CIBC logo is a registered trademark of Banque CIBC. Le logo GIBG est une marque de commerce de la Banque GIBG.
~Q -\
co(uJ
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. BD2004-01 To: e . of the Whole
ommlttee
Subject: ,. Department:
Council
Building Report - December Building
C. of W. & Year to Date 2003
Date: January 5, 2004
Motion #
R.M. File No.
Date:
Buildina Permit Update
December To Date
Number of Permits 29 879
Number of Permits Previous Year 17 855
Construction Value $ 2,375,317.00 $ 70,682,811 .00
Construction Value Previous Year $ 722,00.00 $ 36,262,554.00
Permit Fees $ 26,639.00 $ 625,745.00
Permit Fees Previous Year $ 9,027.00 $ 364,407.00
Part 8 Permit Fees $ 3,900.00 $ 113,687.00
Comments
.:. 8 Single Family Dwellings bring the total for 2003 to 236.
.:. Total Construction Value for Commercial Permits $ 5,978,875.00
.:. Total Construction Value for Multi- Residential $ 8,717,466.00
Recommendation
1. THAT Report No. BD2004-0l be received.
Respectfully submi1ted
R ~ M (iJJr-
Ronald M. Kolbe, CBCO, AscT, MAATO
Director of Building/Planning Development
C.A.O. Comments:
Date:
C.A.O.
Dept. Head
2
9q-a
9q-3
Permit Summary Township of Oro-Medonte
Totals
Construction Type Outstanding Complete Deficient Canceled Permits Value Fees
ACCBLDG 0 0 0 $1,500.00 $0.00
AGR 0 0 0 1 $8,000.00 $0.00
AGRREN 0 0 0 $4,000.00 $0.00
COM 2 0 0 0 2 $409,000.00 $0.00
COMREN 2 0 0 0 2 $174,700.00 $0.00
SEPTIC 8 0 0 0 8 $0.00 $0.00
SFD 8 0 0 0 8 $1,741,617.00 $0.00
SFDADD 3 0 0 0 3 $18,500.00 $0.00
SFDDEM 0 0 0 $0.00 $0.00
SFDREN 0 0 0 $18,000.00 $0.00
SIGNS 0 0 0 $0.00 $0.00
29 0 0 0 29 $2,375,317.00 $0.00
Monday, January 12, 2004
For Period fTom Monday, December 01, 2003 to Wednesday, December 31, 2003
Page 1 of 1
9~-4
Permit Summary Township of Oro-Medonte
Totals
Construction Type Outstanding Complete Deficient Canceled Permits Value Fees
ACCADD 3 1 0 0 4 $46,000.00 $0.00
ACCBLDG 36 8 0 45 $662,700.00 $0.00
ACCDEM 2 3 0 0 5 $0.00 $0.00
ACCREN 0 0 2 $10,000.00 $0.00
ADDITION 2 0 0 0 2 $6,000.00 $0.00
AGR 10 9 0 0 19 $802,200.00 $0.00
AGRREN 1 0 0 0 $4,000.00 $0.00
ChangeUse 21 2 0 0 23 $0.00 $0.00
COM 11 2 0 0 13 $2,591,800.00 $0.00
COMADD 4 0 0 0 4 $1,246,375.00 $0.00
COMREN 5 3 0 0 8 $268,700.00 $0.00
DECK 48 29 0 0 77 $200,743.00 $0.00
DEMOLITIO 7 9 0 1 17 $0.00 $0.00
FIREPLACE 2 3 0 0 5 $0.00 $0.00
GARAGE 14 3 0 0 17 $243,196.00 $0.00
IND 0 0 0 $2,500,000.00 $0.00
MISC 14 2 0 0 16 $334,500.00 $0.00
MRES 3 0 0 0 3 $8,717,466.00 $0.00
POOL 21 10 0 0 31 $454,500.00 $0.00
PORCHCOVE 0 0 0 $5,000.00 $0.00
PUBREN 0 0 0 $63,000.00 $0.00
RENOV A TIO 4 5 0 10 $67,600.00 $0.00
SEPTIC 244 14 0 2 260 $0.00 $0.00
SFD 214 5 17 0 236 $49,925,372.00 $575.00
SFDADD 29 9 0 2 40 $2,010,659.00 $0.00
SFDDEM 3 2 0 0 5 $0.00 $0.00
SFDREN 18 5 0 0 23 $435,000.00 $0.00
SHED 2 4 0 0 6 $53,000.00 $0.00
SIGNS 2 0 0 0 2 $0.00 $0.00
SUNROOM 2 0 0 0 2 $35,000.00 $0.00
726 129 17 7 879 $70,682,811.00 $575.00
Monday, January 12,2004
For Period from Wednesday, January 01, 2003 to Wednesday, December 31, 2003
Page 1 of1
#'
9q-5
BuildinQ Definitions
Accessory Building Addition
Accessory Building
Accessory Building Demolition
Agricultural Building
Agricultural Building Addition
Agricultural Building Renovation
Septic - Change of Use
Commercial Building
Commercial Building Addition
Commercial Building Demolition
Commercial Building Renovation
ACCADD
ACCBLDG
ACCDEM
AGR
AGRADD
AGHREN
Change Use
COM
COMADD
COMDEM
COMREN
DECK
DEMOLITION
FIREPLACE
GARAGE
INDADD
MISC
MRES
POOL
PORCHCOV Covered Porch
PUB Public Building
SEPTIC New Septic System
SFD Single Family Dwelling
SFDADD Single Family Dwelling Addition
SFDDEM Single Family Dwelling Demolition
SFDREN Single Family Dwelling Renovation
SHED
SIGNS
SUNROOM
Industrial Addition
Miscellaneous
Multi-Residential
C\'D _ \
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
PD 2004-1 Committee of the Whole Andv Karaiskakis
Subject: Department:
Council
Planning
C. of W. Committee of Adjustment
Decisions from January 15,
2004
Date: January 21,2004
Motion #
R.M. File No.
Date: C11 12450
BACKGROUND/ANALYSIS:
Attached are the Planning Reports and Committee of Adjustment Decisions for the Consent and
Minor Variance applications that had decisions at the Committee of Adjustment meeting held on
Thursday January 15, 2004. The last date for receiving an appeal to the above noted decisions is
Wednesday February 4, 2004. The Committee, as noted below, deferred three applications.
Consent Applications
B-42/03
Hans & Linda Neu
Cone. 12, South Part Lot 22,
North East Part Lot 23 (Oro)
504 Line 12 S.
B-44/03
William & Vina Peacock
Cone. 8, Part Lot 16 (Oro)
B-45/03
George Anderson
Cone. 12, East Part Lot 11
(Oro)
1933 Old Barrie Road
DEFERRED
B-43/03
Diane Harvey-Crangle, Joseph
Krakowitz, Deesam Holdings
Limited, Alex Abranamovitz
Cone. 1, Part Lot 6 (Oro)
DEFERRED
\7
~D-~
Minor Variance Applications
A-45/03
Claudio & Milena Del Duea
Cone. 13, Plan 952, Lot 75
(Oro)
2285 Lakeshore Road
DEFERRED
'.
I.
-"I RECOMMENDATION (S):
1. THAT this report and the Committee of Adjustment Decisions for January 15, 2004 be
received.
Respectfully submitted,
~
Andy Kar . kakis, Hons. B.A.
Junior Planner
C.A.O. Comments:
Date:
C.A.O.
Dept. Head
~b~~
Township of Oro-Medonte
Committee of Adjustment
Planning Report for
January 15, 2004
Hans & Linda Neu
8-42/03
South Part Lot 22 and North East Part Lot 23, Concession 12
--
THE PROPOSAL
The owners of the lands to be severed are applying for consent to adjust the boundary of their rural
residential lot by adding lands from the large rural parcel. No new building lots will be created as a result of
. this lot addition. .
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation - Rural
Zoning By-law 97.95 - Agricultural/Rural (AlRU) & Environmental Protection (EP) Zone
Previous Applications - B-4/99
AGENCY COMMENTS (space is provided for the C()mmittee to make notes)
Simcoe County
Public Works-
Building Department-The Township Building Dept. has reviewed this application and note that the proposal
appears to meet the minimum standards.
Fire Department '
PLANNING DEPARTMENT
Background
This applicationinvoJYesthe prop()sed conveyanc:e of lands from the applicants' large rural parcel to a
smaller rural residential lot. The applicants currently own a 44.5 hectare (110 acre) farm parcel and a
residential lot with an area of about 1.3 hectares (3.3 acres), which abuts the large farm parcel.
If the application is approved the resultant lot area of the rural lot would increase from 1.3 hectares (3~3
acres) to 2.1 hectares (5.3 acres).
Township Of Oro-Medonte Official Plan
The subject lands are designated Rural in the Oro-Medonte Official Plan. Section D3.1 establishes the
objectives for the Rural designation:
.
To preserve and promote the rural character of the Township and the maintenance of the open
countryside, and;
.
To prevent the intrusion ofland uses which are incompatible with the rural character and/or
resource activities of the area.
The Rural designation is silent with respect to lot additions. Section D3.3.1 of the Official Plan provides the
following policy for lots intended for residential purposes in the Rural designation:
a) will have a minimum lot area 010.4 hectares;
b) is of an appropriate size for residential use, with such a residential use generally not
requiring a lot size that exceeds 2.0 hectares;
c) fronts onto an existing public road that is maintained year round by the Township or
County;
~b - L\
d) will not cause a traffic hazard as a result of its location on a curve or a hill; and,
e) can be serviced with an appropriate water supply and an appropriate means of
sewage disposal.
Zoning By-Law 97-95
If the consent were approved, the farm parcel and the residential lot would comply with the Zoning By-law
provisions applicable to uses in the AlRU Zone. .
-.
There would be no situations of non-compliance created by the proposed lot addition.
ANALYSIS
The proposed severance is a lot addition that does not appear to offend the principles of the Official Plan. It
is noted that the resultant lot area of the residential lot is larger than the Official Policy guideline of 5 acres in
the Rural designation, however, based on a site inspection it is apparent that the lands to be severed
constitute part of a heavily dense tree area. It is also apparent that the creek to the west of the 2 acre lot
addition separates it from the larger 110 acre parcel. Therefore, the proposed severance should have no
impact on the intrusion of land uses in the rural area.
CONCLUSION
1. The application does not offend the objectives or policies of the Rural designation of the Official
Plan and is deemed to generally conform with the severance policies of the Plan.
RECOMMENDATION
It is recommended that Committee approve consent application 8-42/03 subject to the following conditions:
1. That three copies of a Reference Plan in addition with 2 digital copies of the same of the subject
lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary;
2. That the severed lands be merged in title with the applicanfs rural residential lot and that the
provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent
conveyance or transaction involving the subject lands;
3. That the applicants solicitor provide an undertaking that the severed lands and the lands to be
enhanced will merge in title;
4. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed,
for review by the Municipality;
5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date
of the giving of the notice.
AII.of which is respectfully submitted,
L~4L-
Junior Planner
Reviewed by,
--1J~trL
Andria Leigh, MCIP, RPP
Senior Planner
qD-~
PAGE # 2
APPLICATION B-42103
. COMMITTEE OF ADJUSTMENT DECISION
BE IT RESOLVED that:"
Moved by Dave Edwards. seconded Allan Johnson
"That the Committee hereby grant Consent applicationB-42/03 subject to the following
list of conditions:
.-
1. That three copies of a Reference Plan in addition with 2 digital copies of the same of the
subject lands prepared by an Ontario Land Surveyor. be submitted to the Committee
Secretary;
2. That the severed lands be merged in title with the applicant's rural residential lot and that
the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any
subsequent conveyance or transaction involving the subject lands;
3. That the applicants solicitor provide an undertaking that the severed lands and. the lands
to be enhanced will merge in title;
4. That the applicant prepare and submit a copy of the proposed conveyance for the parcel
severed, forreview by the Municipality; and, .
5. That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice as noted below.
.. ...Carried."
Additional information regarding this Application is available for public inspection at the
Township of Oro-MedonteAdministration Centre, 148 Line 7 South in Oro Station, Ontario,
Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m.
- --"--.----..-- ------..---...-
~ ~-\o
LAKE SIMCOE
Hans & Linda Neu
504 Line 12 South
{ ,. RR3 Hawkestone ON
LOL ITO
Lot 1 Existing Lot
Plan 51R-29078 3.3 AC
(705) 487-3300
Lot 2 Proposed Plan for
Lot Addition 2 AC
East of Creek and
North of Robinson Street Road Allowance
Township of Oro-Medonte
Committee of Adjustment
Planning Report for
January 15, 2004
q~-l
William & Vina Peacock
8-44/03
Concession 8, Part of Lot 16 (Oro)
THE PROPOSAL
The applicants have applied for consent for a technical severance and for a correction of title for
the above noted lands. The land subject to this application has a lot frontage of approximately
. 111. metres (364.29 ft), a lot depth of approximately 395.55 metres (1297.72 ft) and a lot area of
approximately 6 hectares (15 acres). No new building lots will be created as a result of this
application.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
. Official Plan Designation - Agricultural
Zoning By-law 97-95 - AgriculturaVRural (AlRU) Zone
Previous Applications -
AGENCY COMMENTS (space is provided for the Committee to make notes)
Simcoe County
Public Works-
Building Department- The Township Building Dept. has reviewed the application and note that the
proposal appears to meet the minimum standards.
Fire Department
pLANNING DEPARTMENT
Background
The subject lands presently exist as a single 6 hectare (15 acre) parcel and is currently vacant
and unoccupied by buildings. In 1964, the applicants' took possession and were the owners of
the large rural parcel to the north, approximately 68 acres of the east half of lot 15, concession 8,
and the southerly 17 acres of concession 8, part lot 16. In 1978, Mr. Peacock acquired the road
allowance between these two parcels and in 1980, the 17 acre parcel was transferred from Ms.
Peacock to Mr. Peacock. This inadvertently caused the merger between the farm property and
the 17 acre parcel. The purpose of this technical severance is for a correction of title for the
vacant 15 acre parcel.
OFFICIAL PLAN
Section D2.3.10 of the Official Plan provides a specific policy to allow Committee to consider
applications to re-divide large parcels of agricultural land which have merged in title. The policy
states:
The creation of a new lots to correct a situation where two or more lots have merged on title
may be permitted, provided the Committee of Adjustment is satisfied that the new lot:
q~~ '1
· was once separate conveyable lot in accordance with the Planning Act;
· is of the same shape and size as the lot which once existed as a separate conveyable lot;
· can be adequately serviced by on-site sewage and water systems;
· fronts on a public road that is maintained year-round by a public authority; and
· an entrance permit is available for the new driveway accessing the severed lot from the
appropriate authority, if required. .
· the severed and retained parcels will continue to be viable for agricultural use after the
severance has been granted. To assist the Committee of Adjustment in determining the
viability of the severed and retained parcels, an agricultural viability report shall be
prepared by a qualified agrologist The report shall review:
the quality of the soils;
the nature of the existing farm operation, if one exists;
the potential uses of the severed and retained parcels. (Official Plan Amendment
~ .
In order to confirm that the lot to be created was once a conveyable lot, the Committee of
Adjustment will require' proof, in the form of a registered deed that indicates that the lot
was once legally conveyable, and an explanation as to how the lot merged with the
adjacent lot.
ZONING BY-LAW 97-95
If Committee approves the application, both the severed and retained lots would comply with the
minimum area and frontage requirements of Zoning By-law 97-95.
ANALYSIS
The proposal appears to meet the criteria required by Section D2.3.10 of the Official Plan. By
reviewing the deeds provided by the applicants' agent, they confirm that the second deed formed .
in 1980 caused the merger between the 17 acre parcel with the farm parcel.
CONCLUSION
1. The proposed consent conforms with the policies of the Official Plan as they pertain to
lands which have merged on title.
RECOMMENDATION
It is recommended that Committee grant consent application B-44/03 and be subject to the
following list of conditions:
1. That three copies of a Reference Plan in addition with two digital copies of the same for
the subject lands indicating the severed parcel be prepared by an Ontario Land Surveyor
be submitted to the Secretary-Treasurer;
2. That the applicant prepare and submit a. copy of the. proposed conveyance for the parcel
severed, for review by the Municipality;
3. That all municipal taxes be paid to the Township of Oro-Medonte;
q~~~'.
4. That the conditions of consent imposed by the Committee be fulfilled within one year from
the date of the giving of the notice.
All of which is respectfully submitted,
ik~
Andy Karaiskakis
Junior Planner
Reviewed by,
--AJ ~
Andria Leigh, MCIP, RPP
Senior Planner
PAGE #2
APPLICATION B-44/03
. COMMITTEE OF ADJUSTMENT DECISION
C\ b -lO
BE IT RESOLVED that:
Moved by Allan Johnson; seconded by Joe Charles
-
"That the Committee hereby Grant Consent Application B-44/03 subject to the following list of
conditions:
1. That three copies of a Reference Plan in addition with two digital copies of the same for
the subject lands indicating the severed parcel be prepared by an Ontario Land Surveyor
be submitted to the Secretary-Treasurer;
2. That. the applicant prepare and submit a copy of the proposed conveyance for the parcel
severed, for review by the Municipality;
3. That all municipal taxes be paid to the Township of Oro-Medonte; and,
. . .
4. That the conditions of consent imposed. by the Committee be fulfilled within one year
from the date ofthe giving ofthe notice.
... ..Carried."
.' J
Additional information regarding this Application is available for public inspection at the
Township of Oro-Medonte Administration Centre, 148 Line 7 South in Oro Station, Ontario,
Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m.
~.
~\o-\\
(/>.0-
.:...0,\0
<i;)'v
~fO~ .
....<o~
~c- \
TOWNSHIP OF ORO-MEDONTE
FROM THE TOWNSHIP PLANNING CONSULTANT
-
Date:
Applicant:
Application #:
Roll Number:
Legal Description:
January 9th, 2003
FSP Holdings Inc. (Settlers Ghost)
P158103
4346-020-001-184-00
East Half of Lot 41 and Part Lot 42, Concession 2 (Medonte)
BACKGROUND
FSP Holdings Inc. received OMB approval early in 2003 for the "Settlers Ghost" golf course in Lot
41 and Part Lot 42, Concession 2 (Medonte) being Part 1, Reference Plan 51 R-30187. The lands
are located on the north side of Horseshoe Valley Road east of the community of Craighurst. The
owner entered into the required Site Plan Agreement with the Township and posted the required
Securities at the end of October in 2003. The OMB decision required confirmation of the Site
Plan approval and the removal of the holding symbol.
Council passed By-law No. 2003-118 on November 19th, 2003 removing the holding symbol from
the subject lands. The By-law and confirmation of site plan approval was provided to the OMB
shortly after Council's passage of the By-law.
The OMB has advised the Township that By-law No. 2003-118 is unacceptable. The Board has
requested that the. original Amending By-law No. 2002-12 passed in February of 2002 be revised
to remove the holding provision and that By-law No. 2003-118 be repealed. The two by-laws, By-
law No. 2002-12 revised and By-law to repeal No. 2003-118 are attached to this report.
The changes requested by the OMB are. administrative or technical in nature and do not effect the
substance of the development or the approvals.
ANALYSIS
The OMB has requested changes to the original Zoning By-law Amendment appealed to the
Board so that the final Board Order may be issued. The changes are administrative only and
therefore Meridian Planning Consultants supports. the approval of the revisions to By-law No.
2002-012 and the repeal of the By-law No. 2003-118.
On the basis of the above, it is recommended that Council:
",.:
a) receive this report;
b) Council endorse the changes to By-law No. 2002-12;
c) Council pass the by-law to repeal By-law No. 2003-118; and,
FSP Holdings Inc.
OMS Final Order
() t!lRJQ!!M
1
January 21, 2004
Q
\C -
advise the OMB accordingly.
Respectfully Submitted,
~
--
Wesley Crown, MCIP, RPP
Senior Planner
Meridian Planning Consultants Inc.
Attachments
p-fv\(;uJGJ) AN!) C0.JJCLAR.. C."_"IH ft-(:PiJp.~-;
--/1.~ -iy
FSP Holdings Inc.
OMS Final Order
~'.~j2 MERIDIAJ
".j;i """"""" CONSUlTANTS '1
2
January 9, 2004
~c.- )
THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE
BY-LAW NO. 2004 -
Being a By-law to repeal By-law No. 2003-118
'.
WHEREAS the Council of the Corporation of the Township of Oro-Medonte passed By-law
No. 2003-118 on November 19th, 2003 to remove the holding symbol from the Settlers Ghost
golf course in accordance with the OMB decision;
AND WHEREAS the OMB has requested that the original amending By-law No. 2002-012 be
revised to remove the holding symbol and that By-law No. 2003-118 be repealed in order to
obtain the final Board Order;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows:
1. That By-law No. 2003-118 passed on the 19th day of November, 2003 is hereby
repealed.
BY-LAW READ A FIRST AND SECOND TIME on the _th day of
2004.
BY-LAW READ A THIRD TIME and finally PASSED this _th day of
2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor
Clerk
qc-Lt
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002- 012
Being a By-law to amend By-law No. 97-95 as amended, the Zoning By-law for the Corporation of the
Township of Oro-Medonte with respect to Concession 2, Lot 41 and East Part of Lot 42, RP 51R-
030187, Part 1 (Medonte) (Settlers Ghost Golf Course).
WHEREAS the Council of the Corporation of the Township of Ore-Medonte is empowered to pass By-
laws to regulate the use of land pursuant to Section 34 of the Planning Act, 1990 R.S.O. c. P13.
AND WHEREAS the owners of Concession 2, Lot 41 and East Part of Lot 42, RP 51R-030187, Part 1
(Medonte), in the Township of Orc-Medonte have filed an application with the Township of Oro-
Medonte to amend By-law No. 97-95 as amended;
c-
AND WHEREAS the passage of such a by-law will conform with the Official Plan;
AND WHEREAS the Council of the Corporation of the Township of Ore-Medonte deems it advisable
to amend By-Law 97-95 as amended;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows:
1. Schedule A14 to Zoning By-law No. 97-95 as amended, is hereby further amended by
rezoning Concession 2, Lot 41 and East Part of Lot 42, RP 51R-30187, Part 1 (Medonte) from
the AgriculturallRural (AIRU) Zone to the Private Recreational Exception 148 PR*148 and
Environmental Protection EP Zones as shown on Schedule A attached to and forming part
of this By-law.
2. Section 7 EXCEPTIONS of By-law 97-95 is hereby further amended by adding the following
new subsection:
*148 Lot 41 and East Part of Lot 42. Concession 2. RP 51R-30187. Part 1 (Medonte)
Notwithstanding any other provision in this By-law, a minimum 5 metre wide buffer strip is
required adjacent to the naturally occurring forest edge on the north part of the lands denoted
by the symbol *148.
3. This By-law shall come into effect upon the date of passage hereof, subject to the provisions
of Sections 34 (30) and (31) ofthe Planning Act, R.S.O. c. P13, 1990 as amended.
BY.LAW READ A FIRST AND SECOND TIME, THIS 6th DAY OF FEBRUARY, 2002.
BY.LAW READ A THIRD TIME AND FINALLY PASSED THIS 6th DAY OF FEBRUARY, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
Mayor
Clerk
Schedule IAI to By-Law
9c-'5
This is Schedule 'A' to By-Law
'.
passed the day of ff
Mayor
J. Neil Craig CIiiS
N
Clerk
Marilyn Pennycook
I
I
II
1
1'__
~~
~ AREA TO BE REZONED FROM THE AGRICULTURAllRURAL (AIRU) ZONE TO THE PRIVATE
mil RECREATION EXCEPTION 148 (pR*148) ZONE.
. AREA TO BE REZONED FROM THE ENVIRONMENTAL PROTECTION (EP) ZONE TO THE PRIVATE
RECREATION EXCEPTION 148 (pR*148) ZONE.
~ AREA TO BE REZONED FROM THE AGRICULTURAllRURAL (AIRU) ZONE TO THE ENVIRONMENTAL
~ PROTECTION (EP) ZONE.
500 0
~..-I
1000
I
1:30,000
2000m
I
(lJ
/
Township of Oro-Medonle