Loading...
HomeMy WebLinkAboutDTS-09-140 - Endorsement - Revised Conditions - Draft Plan of Subdiv 30T-07025 - Becker Estates IncDew~lopment & Technical ServJces Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: MayorZehrand Members of Council September 21, 2009 Alain Pinard, Interim Director of Planning, 519-741-2319 Katie Anderl, Senior Planner, 519-741-2987 South Ward (Ward 4) September 18, 2009 DTS-09-140 Subject: ENDORSEMENT OF REVISED CONDITIONS OF DRAFT APPROVAL FOR DRAFT PLAN OF SUBDIVISION 30T-07205 FISCHER HALLMAN ROAD /HURON ROAD BECKER ESTATES INC. RECOMMENDATION: That the proposed conditions of draft approval for Subdivision 30T-07205 appended to Development and Technical Services Report 09-140, replace those appended to Development and Technical Services Report 09-133. BACKGROUND: This report recommends revised wording of the Conditions of Draft Approval for the Becker Estates Plan of Subdivision 30T-07205 that were originally presented to Development and Technical Services Committee in DTS Report 09-133. REPORT: The subject application has been appealed to the Ontario Municipal Board and staff have been working with the applicant to reach agreement on the conditions of approval in advance of an Ontario Municipal Board hearing. The conditions of approval were brought to DTS Committee on September 14, 2009 (DTS 09-133). At the DTS meeting concerns were raised by the applicant with respect to three of the City`s conditions. Since the DTS meeting staff have continued discussions with the applicant and have reached consensus on these matters. Condition 2.2.32 has maintained the same wording as was originally presented to DTS Committee. Condition 2.1.6.28 has been reworded to help clarify the intent and scope of the condition. In addition both, the Region of Waterloo and the Waterloo Catholic District School Board have provided clarification on the wording on their respective clearance conditions. Condition 2.1.6.23, with respect to the implementation of the ultimate solution for the closure of Plains Road, has been included with the wording as presented to DTS Committee, however, staff anticipate that revised wording for this condition may be provided directly to members of Council at the Council Meeting of September 21, 2009. The entire set of Conditions of Draft Approval are attached to this report, and staff recommend that they replace the set of Conditions attached to DTS 09-133. All conditions to which changes have been made or are anticipated to be made are shown in bold. No further changes are required to either the proposed Zoning By-law or the proposed Official Plan Amendment as a result of this recommendation. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation which have not been provided for in existing budgets. REVIEWED BY: • Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Development and Technical Services Department Attachments: Revised conditions of Draft Approval for Proposed Plan of Subdivision 30T-07205 A. That the Ontario Municipal Board, pursuant to Section 51. (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, grant draft approval to Plan of Subdivision Application 30T-07205 in the City of Kitchener, for Becker Estates Inc., subject to the following conditions: 1. That this approval applies to Plan of Subdivision 30T-07205 for Becker Estates Inc. as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated August 6th, 2009, which shows the following: Stage One 101-124 units Blocks 1 to 11 -single/semi detached 80-103 units Block 12 -street townhouse 21 units (max) Block 13 -school Blocks 14 to 15 -park Block 16 -open space Block 17 -stormwater management Block 18 -private laneway Block 19 -road widening Block 20 to 23 -0.3m reserve Stage Two 72- 87 Block 1 -single/semi/townhouse 7-9 units Block 2 -multiple residential 65-78 units Block 3 -road widening Stage Three 29-31 units Block 1 -single/semi/townhouse 9-11 units Block 2 -street townhouse 20 units (max) Block 3 -mixed use Block 4 -private laneway Block 5 -road widening Block 6 -0.3m reserve Stage Four 10-12 units Block 1 -single/semi/townhouse 10-12 units Stage Five 39 units Blocks 1 to 2 -street townhouse 39 units (max) Block 3 -park Block 4 to 5 -private laneway Blocks 6 to 8 -0.3 m reserve Stage Six 31-38 units Blocks 1 to 5 -single/semi detached 31-38 units Block 6 -parkette Block 7 -road widening Blocks 8 to 14 -0.3 m reserve Stage Seven 35 units Blocks 1 to 2 -street townhouse 35 units (max) Stage Eight 45-57 units Blocks 1 to 5 -single/semi detached 45-57 units Block 6 -parkette Stage Nine 24-31 units Blocks 1 to 4 -single/semi detached 24-31 units Blocks 5 -parkette Block 6 - 0.3 m reserve Stage Ten 25-30 units Block 1 -street townhouses 25-30 units Stage Eleven 43-57 units Block 1 to 7 -single/semi detached 43-57 units Block 8 -0.3 m reserve Stage Twelve 12-16 units Blocks 1 to 3 -single/semi detached 12-16 units Block 4 -future development (street) Blocks 5 to 6 - 0.3 m reserve Stage Thirteen 48-60 units Blocks 1 to 4 -single/semi detached 48-60 units Block 5 -parkette Block 6 -future development (street) Blocks 7 to 8 - 0.3 m reserve Stage Fourteen 61-77 units Blocks 1 to 5 -single/semi detached 61-77 units Block 6 -walkway Stage Fifteen 43-53 units Block 1 -multiple residential 43-53 units Stage Sixteen 25-31 units Blocks 1 to 2 -single/semi detached 25-31 units Stage Seventeen Block 1 -future development Block 2 to 3 -road widening Stage Eighteen Block 1 -future development Block 2 -road widening Stage Nineteen Block 1 -future development Block 2 -road widening Total 643-778 units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign City Standard Residential Subdivision Agreement satisfactory to the City Solicitor, with the SUBDIVIDER (Becker Estates Inc.), respecting those lands shown outlined on the attached Draft Plan of Subdivision dated August 6 , 2009 and which shall contain the following special conditions: Part 1-General Conditions 1.4 a) The SUBDIVIDER shall pay the cost of installation of the following public services: sanitary sewers, drainage works, storm sewers, watermains, underground electrical distribution plant and lighting with attendant conductors, pipes, pedestals and transformers, driveway ramps, streets, pavements, curbs, gutters, fences in public rights-of-way, boulevard landscaping including trees, street name signs, traffic control signs, sidewalks, and all necessary connections, other appurtenances and outlets to the foregoing services. b) The SUBDIVIDER shall install the public services defined in clause a) above to the CITY'S current subdivision standards, as set out in the CITY'S Subdivision Manual and HYDRO'S Manual, each as amended from time to time, in accordance with the engineering plans and procedures approved by the CITY'S Director of Engineering Services or HYDRO'S Engineer. Notwithstanding the generality of the foregoing, alternative road cross-section designs and right-of- way widths shall be installed as approved by the Director of Engineering and HYDRO's Engineer. c) Notwithstanding clauses a) and b) above, the SUBDIVIDER shall install any other services including, but not limited to works and services on existing streets as are required to bring the subdivision and abutting and outlet streets up to the CITY'S current subdivision standards, as set out in the CITY'S Subdivision Manual, as amended from time to time, all to the satisfaction of the CITY'S Director of Engineering Services. Part 2 -Priorto Area Grading 2.1 SUBDIVIDER shall prepare an Area Grading, Erosion and Siltation Control Plan to the satisfaction of the CITY's Director of Engineering Services and those applicable City Departments or regulatory agencies determined by the CITY's Director of Engineering Services at the time of draft approval. At the discretion of the Director of Engineering, area grading may proceed in a phased approach subject to the overall area grading, erosion and siltation control strategy. 2.11 This agreement shall be executed by all parties and registered on title to the lands described in the first Schedule attached 2.12 The SUBDIVIDER shall provide confirmation that any on-site monitoring wells, existing private wells and septic systems within the lands proposed to be graded that are required by the Director of Engineering to be decommissioned have been decommissioned in accordance with Ministry of Environment standards to the satisfaction of the CITY's Director of Engineering. 2.13 Prior to Grading or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit and obtain approval of an Environmental Monitoring Program including that described in the approved Environmental Impact Study and General Vegetation Overview, Natural Resource Solutions Inc. dated October 2007, the Preliminary Stormwater Management Report, MTE, October 2007 and also including any additions or modifications identified by the CITY or GRCA as part of the final review and approval of the Environmental Monitoring Program. The program is to be approved by the Director of Engineering in consultation with the Director of Planning, the General Manager of Community Services, and the Grand River Conservation Authority. 2.14 Prior to commencing any grading the SUBDIVIDER shall provide a Letter of Credit based on 60% of the estimated cost of approved erosion and sedimentation control measures to be implemented as part of Section 2.1 or $100,000 whichever is greater to ensure implementation of the approved Environmental Monitoring Program. The Letter of Credit will be reduced to 15% or $50,000 whichever is greater, upon completion of area grading and the SUBDIVIDER's consulting engineer has inspected and certified the erosion and sedimentation control measures to the satisfaction of the CITY's Director of Engineering Services. The Letter of Credit will be released after the "during construction" monitoring program has expired (after 90% of the pond catchment area is stabilized meaning buildings are constructed and lots/blocks are sodded or vegetated to the satisfaction of the CITY's Director of Engineering Services. 2.15 The SUBDIVIDER agrees that that part of Plains Road which is within 30T-07205 must be legally and physically closed and that a temporary turning circle, contained within Stages 9 and 10, must be constructed and operational, to the satisfaction of the CITY's Solicitor and the CITY's Director of Engineering. Further, the SUBDIVIDER agrees to grant an easement to the CITY for the temporary turning circle. The SUBDIVIDER agrees that all costs associated with the closure of Plains Road, including but not limited to the preparation and erection of notice signs, preparation of a reference plan, and physical works required, and any legal fees or fees associated with registration will be the SUBDIVIDER's responsibility. 2.16 The SUBDIVIDER agrees to install aconstruction/silt fence around the perimeter of Block 1 (Stage 19) in accordance with the recommendations of the Conservation Plan for 1940 Fischer Hallman Road prepared by Carson U1loods Architects Limited, dated July 27, 2009, to the satisfaction of the CITY's Director of Planning. The SUBDIVIDER agrees to maintain the integrity of the fence throughout the construction period. Further, prior to grading the SUBDIVIDER agrees to provide a report to the satisfaction of the CITY's Director of Planning commenting on the means and methods that shall be used to minimize vibration during the grading, road construction and site servicing. Should the SUBDIVIDER become aware of cracks in the masonry during the grading or construction period, the SUBDIVIDER agrees to stop work in the vicinity of the farmhouse and notify the engineer of record and the Heritage Consultant so that corrective action may be taken. 2.17 Prior to grading or registration of Stage 1, whichever shall occur first, the SUBDIVIDER shall provide a Letter of Credit in the amount of $59,000 to ensure satisfactory completion of Phases One, Two and Three of the Conservation works as described in the Conservation Plan for 1940 Fischer Hallman Road, prepared by Carson U1loods Architects Limited and dated July 27, 2009, to the satisfaction of the CITY's Director of Planning. The Letter of Credit will be reduced to $24,000 when the required Phase One - Short Term conservation works have been completed and certified by a heritage consultant, and will be further reduced to $14,000 when the Phase Two -Medium Term conservation works have been completed and certified by a heritage consultant, to the satisfaction of the CITY's Director of Planning. The Letter of Credit will be released by the CITY at such time as restoration work on the farmhouse has been initiated, in accordance with a future Heritage Impact Assessment and site specific Heritage Design Guidelines, to the satisfaction of the CITY's Director of Planning. 2.18 Prior to grading or registration, whichever may occur first, the SUBDIVIDER agrees to work with the downstream land owners} and CITY to complete an erosion analysis and works required to mitigate adverse erosion impact of the south branch of Strasburg Creek to the satisfaction of the CITY's Director of Engineering and the Grand River Conservation Authority. Part 3 -Prior to Servicing 3.4 The SUBDIVIDER shall prepare a detailed engineering design for storm water management, including any requisite monitoring including that described in the Environmental Impact Study and General Vegetation Overview, Natural Resource Solutions Inc. dated October 2007, Preliminary Stormwater Management Report, MTE, October 2007 and also including any additions or modifications identified by the CITY or GRCA as part of the final review and approval of the Environmental Monitoring Program, and obtain approval thereof, from the CITY's Director of Engineering Services, in consultation with the CITY's General Manager of Community Services and those applicable regulatory bodies determined by the CITY's Director of Engineering Services at the time of draft approval. 3.9 Before release of the security set out in Section 3.6, the SUBDIVIDER shall provide securities in a form set out in Section 3.6 above in an amount equivalent to the value of fifteen percent of the value of works being accepted, or $5,000.00 whichever is the greater, to support the warranty and guarantee as provided in Section 3.7. 3.16 The SUBDIVIDER acknowledges that sidewalks are required to be constructed on both sides of all streets within the subdivision in accordance with the CITY's Sidewalk Location Policy and that special sidewalk treatments will be required at all locations where sidewalks intersect with the former Plains Road right-of-way, in accordance with the Plains Road Commemoration Design Brief, prepared by GSP Group and dated August, 2008, and final designs as approved by the Director of Planning. Should servicing occur prior to registration, the SUBDIVIDER in consultation with their Heritage Consultant, agrees to submit designs for the final design of all such commemoration sites, including sidewalk colour, surface treatments, and a Plains Road commemoration concrete stamp or other form of monumentation, for approval of the Director of Planning, prior to the implementation of any special sidewalk treatments. 3.17 The SUBDIVIDER shall confirm that the servicing drawings: a) Do not conflict with preliminary driveway locations and potential locations for utilities, hydrants or community mail box facilities. b) provide that no driveways shall be installed within 1.Om of a street light pole or hydro pole or where the wheels of a vehicle would pass over any part of a submersible transformer vault. c) provide that no sewer or water service will be installed within 1.5m of the centre of proposed submersible transformer vault or within 0.9m of a proposed electrical service stub and that no fire hydrant will be installed within 3.Om of a proposed street light pole or hydro pole. The SUBDIVIDER shall be responsible for ensuring that these separations are maintained. d) The location of concrete pads for the placement of the Community Mail Boxes shall be approved by Canada Post and shall be shown on the servicing drawings. Said pads are to be poured at the time of curb andlor sidewalk installation within each Stage of the plan of subdivision. Should temporary locations be required, the SUBDIVIDER shall work with Canada Post to determine and provide suitable locations until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. e) do not conflict with the Plains Road Commemoration sites to be located within the right-of-ways as identified in the approved Plains Road Commemoration Design Brief. 3.18 Prior to servicing or registration, whichever may come first, of any Stage including any portion of any of the streets set out in this paragraph the SUBDIVIDER shall prepare a Streetscape Plan for Priority Streets, those being Street One, Street Seven and Street Fourteen, and Street Two as the Secondary Priority Street, to the satisfaction of the CITY'S Director of Planning, CITY'S Director of Transportation Planning, CITY'S Director of Engineering Services, and the CITY'S General Manager of Community Services, in consultation with the Region of Waterloo. The Streetscape Plan shall illustrate a consistent streetscape theme for the Priority Streets showing: a) Design and construction details for a centre median boulevard at the intersections of Street Seven and Huron Road and Street One and Fischer Hallman Road with preference for low-maintenance, sustainable plantings and decorative streetscape elements; b) Design and construction details for defined pedestrian crosswalks at the following intersections: Street One and Street Fourteen, Street Seven and Street Fourteen (two locations), Street Fourteen and Street Eighteen and Street Two and Street Seven; c) Design and construction details for traffic calming features including the centre median, alternate intersection treatments such as a neighbourhood traffic circles, and traffic calming measures such as pavement narrowing, curb extensions, centre medians or other; d) Conceptual gateway features at the Street One and Fischer Hallman Road, and Street Seven and Huron Road intersection; e) Conceptual street tree planting locations for Street One, Street Seven, Street Fourteen and any intersections with enhanced treatments to be considered for Street Seven from Huron Road to Street Two, Street One from Fischer Hallman Road to Street Fourteen, and Street Fourteen (both north and south legs} from Street One to the eastern limit of the park block (Stage 1, Block 12); ~ Conceptual locations and type of flankage lot streetscape features, such as decorative fencing and landscaping between the side yard fencing and sidewalk for flankage lots; g) Potential locations of utilities and transit stops; h) Conceptual location and types of Plains Road Commemoration Features to be located within the rights-of-way. The centre medians, traffic calming features, commemoration features and crosswalks shall be installed by the SUBDIVIDER with the initial road construction. 3.19 Prior to servicing, on a Stage by Stage basis, and in the interest of providing a variation in housing design within lot-less blocks, the SUBDIVIDER agrees that the Lotting Plan, as required under Section 3.14, for Stage 1 (Blocks 1-11), Stage 2 (Block 1) Stage 3 (Block 1), Stage 4 (Block 1), Stage 6 (Blocks 1 - 5), Stage 8 (Blocks 1-5), Stage 9 Blocks (1-4), Stage 11 (Blocks 1-7), Stage 12 (Blocks 1-3), Stage 13 (Blocks 1-4), Stage 14 (Blocks 1-5) and Stage 16 (Blocks 1-2) shall have a mixture of lot widths across the above noted Stages. The Lotting Plan for each Stage shall reflect the provision of priority lots as indicated on the Priority Lotting Plan, as prepared by GSP Group dated, August 6t", 2009. 3.20 Prior to Servicing or Registration whichever may come first, on a Stage by Stage basis, the SUBDIVIDER shall confirm whether decorative street signage and street lighting will be used, to the satisfaction of the CITY'S Director of Transportation Planning and KU11 Hydro. Should these decorative elements be utilized, they shall be installed at the appropriate time frame and to the SUBDIVIDER'S cost, including the provision of a one-time supply of 10% of the materials for future replacement/maintenance, to the satisfaction of the CITY'S Director of Transportation Planning and KVII Hydro. 3.21 Prior to Servicing or Registration of any Stage whichever may come first, on a Stage by Stage basis, the SUBDIVIDER shall submit an On-Street Parking Plan for the Stage to the satisfaction of the CITY's Director of Transportation Planning in accordance with the CITY's On-Street Parking Policy I-1070. 3.22 Prior to Servicing or Registration of any Stage, whichever shall occur first, the SUBDIVIDER agrees to submit a functional design for the implementation of bicycle lanes on both sides of Street One and Street Seven; bicycle lanes, on- street parking bays and intersection curb extensions on both sides of Street Seven between Street Fourteen north intersection and Street Fourteen south intersection, Street Fourteen (south of the park) between Street One and Street Seven; bicycle lanes on both sides of Street Fourteen (north of the park) between Street One and the east limit of the plan; on-street parking plan, bays and intersection curb extensions on both sides of Street Fourteen (north of the park} between Street One and Street Seventeen west intersection; on-street parking bay and intersection curb extensions on the south side of Street Fourteen (north of the park) between Street Seventeen west intersection and Street Eighteen. 3.23 Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit an operational analysis and functional design for roundabouts at the intersections of Street One and Street Fourteen, Street Fourteen North and Street Seven, Street Fourteen South/Street Twelve and Street Seven, Street TwolStreet Twelve and Street Seven, Street Fourteen and Street Eighteen, prepared by a qualified roundabout design engineer to the satisfaction of the CITY's Director of Engineering Services with respect to any Stage that includes any of the said intersections and only for the intersection(s) within such Stage. In the event that it is determined through the operation analysis and/or functional design that additional property is required to construct the roundabout, the SUBDIVIDER agrees to dedicate the required property to the CITY and that any necessary modifications be made to the plan. Part 4 - Prior to the Application for Any Building Permits in Each Stage 4.5 a) The SUBDIVIDER shall submit a plan for approval by the CITY'S Director of Planning showing the following: i. the pairing of driveways for lots having widths 10.9 metres or less except where considered impractical by the CITY'S Director of Planning; ii. where lots in the subdivision abut a park entrance or a public walkway, driveways on the side of the lot furthest away from the park entrance or public walkway, as the case may be; iii. the location of concrete transit pads and community mailbox pads, where the location has been determined by the appropriate authority; and iv. the location of Plains Road Commemoration Features to be located within the rights-of way of Street Eighteen, Street Seventeen, Street Fourteen South, Street Five, and the intersections of Streets Fourteen North and Seventeen, Streets Seven and Thirteen, Streets Twelve and Six and Streets Three and Four. b) The SUBDIVIDER shall submit with the plan, a letter from its consulting engineer indicating that the plan does not conflict with the Grading Control Plan of approved utility locations, and a letter from its Heritage Consultant, indicating that the plan does not conflict with the Plains Road Commemoration Features for each lot immediately adjacent to the commemoration features (if any of such lots are within the Stages for which building permits are being sought). 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within proposed development, to the satisfaction of the CITY'S General Manager of Public Works or Chief Building Official. 4.23 The SUBDIVIDER agrees that no building permit shall be applied for or issued for Corner (C) Priority Lots, Park (P} Priority Lots, Terminating Vista (T) Priority Lots, Window Street (U1~ Priority Lots, or Gateway (G) Lots, as identified in the approved Design Guidelines for Priority Lots, until the required building elevation and/or building location drawings have been submitted and approved by the CITY'S Director of Planning and the CITY's Chief Building Official for the proposed building thereon to ensure that consideration has been given to the design treatment of each lot/dwelling including such items as the provision of porches, porticos, stairs or other projections; horizontal articulation; brick or masonry style skirting and/or accentuated windows; and secondary entries. Part 6 -Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Huron Road and Fischer Hallman Road and prohibited from using Tartan Avenue. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.11 The SUBDIVIDER shall satisfy the parkland dedication for the entire subdivision including all future development blocks being Stage 12 Block 4, Stage 13 Block 6, Stage 17, Stage 18 and Stage 19, by the conveyance of Stage 1, Blocks 14 and 15; Stage 5 Block 3; Stage 6 Block 6; Stage 8 Block 6; Stage 9 Block 5; and Stage 13 Block 5 to the CITY, at no cost and free of encumbrance. Conveyance of each of the said park Blocks will take place with respect to each of the foregoing Blocks at the time of the registration of the Stage in which such Block is located and not in advance thereof The SUBDIVIDER agrees that the parkland provided within the plan of subdivision shall be at no additional frontage costs to the CITY. 6.12 a) The SUBDIVIDER agrees to complete construction of the commemoration parks in any Stage, being those park identified in the attached Commemoration Cost Sharing Schedule, in accordance with the approved design and specifications for such parks subject to the limitations set out herein with respect to the monies to be spent on account thereof, as set out in the attached Commemoration Cost Sharing Schedule, within one year following registration or servicing of the associated Stage, whichever occurs first or in the event of winter conditions by June 1St immediately following the first occupancy in the associated Stage. Any and all construction costs (including grading, top soiling, seeding, sodding, installation of playground equipment, landscaping, seating and signage} of such commemoration parks in accordance with the approved park design shall be paid for by the SUBDIVIDER and the City's share of construction costs for each commemoration park shall be reimbursed to the SUBDIVIDER in accordance with the attached Commemoration Cost Sharing-Schedule. None of the monies expended in accordance with the said Schedule shall be considered a Development Charge eligible expense. The SUBDIVIDER shall complete the construction of each commemoration park in accordance with the agreed specifications for such commemoration park, noting that the agreed specifications must respect the monies available to pay, with the completion of the same in accordance with the relevant provisions of the attached Commemoration Cost-Sharing Schedule. The CITY shall reimburse the SUBDIVIDER for the CITY's share of each commemoration park upon the certification, to the CITY's satisfaction, by an engineer or landscape architect that the same has been substantially completed in accordance with the agreed specifications and upon written confirmation to the CITY by such professional of the costs incurred on account thereof by the SUBDIVIDER. In the event that such costs are less than the total which the SUBDIVIDER and the CITY have agreed to contribute pursuant to the attached Commemoration Cost-Sharing Schedule on account of the same then the savings shall be apportioned between the SUBDIVIDER and the CITY in accordance with their percentage obligations for payments on account of the commemoration parkin question. The obligation of the SUBDIVIDER to contribute to the costs of the completion of each of the commemoration parks beyond the standard developer responsibility is limited to the amount set out as being the "Developer Contribution" in the attached Commemoration Cost-Sharing Schedule subject to increases on account of inflation as determined in accordance with the index set out in the said Schedule calculated from June 1, 2009. The obligation of the CITY to contribute to the costs of the completion of each of the commemoration parks including the standard CITY responsibility is limited to the amount set out as being the "CITY Contribution" in the attached Commemoration Cost-Sharing Schedule subject to increases on account of inflation as determined in accordance with the index set out in the said Schedule calculated from June 1, 2009. The CITY and SUBDIVIDER may, but neither is obligated to, agree in writing to contribute additional monies beyond the amounts indentified in the Commemoration Cost Sharing Schedule. If, following the completion of any of the said commemoration parks, the amount of costs to be contributed by either or both of the CITY or SUBDIVIDER on account of such park should not have been fully expended on account of a specific commemoration park, the surplus cannot be applied to the costs associated with any other of the said commemoration parks without the express written consent of the SUBDIVIDER with respect to the surplus Developer Contribution or of the CITY with respect to the surplus City Contribution. b) If sufficient funds are available from the appropriate CITY Development Charge Account, to permit the CITY to fund the construction of neighbourhood parks, upon certification of completion of the same, the SUBDIVIDER agrees to complete construction of the neighbourhood parks being Block 3 (Stage 5) and Block 5 (Stage 13) in accordance with the approved designs, within one year following registration or servicing of the associated Stage, whichever occurs first, or in the case of winter conditions by June 1St immediately following the first occupancy of the associated Stage. Any and all construction costs of the park (including grading, top soiling, seeding ,sodding, installation of playground equipment, landscaping, seating and signage) in accordance with the approved park design shall be paid for by the SUBDIVIDER and the applicable construction costs, such as playground equipment, landscaping and trail surface treatments, shall be reimbursed to the SUBDIVIDER as applicable. If sufficient money is not allocated from the appropriate CITY Department Charge Account(s) to permit the CITY to fund the construction of the neighbourhood parks or if the works are not a Development Change eligible expense and the SUBDIVIDER wishes to proceed with the construction of any such parks prior to such time as money is allocated from the appropriate CITY Department Charge or other Account(s), the SUBDIVIDER agrees to provide and up-front the cost of these works. Should these works with respect to any such parks become Development Charge eligible, the CITY agrees to recognize any monies paid by the SUBDIVIDER for any works or services normally paid out of the CITY'S Development Charge Account with such monies to be refunded or to be recognized as a credit towards any CITY Development Charge payable for any lot or block within the lands subject to Application 30T-07205 in accordance with the applicable CITY Development Charge By-law and Policies in effect at the time the monies are paid by the SUBDIVIDER or the works become a Development Charge eligible expense, whichever shall be later. A Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each Stage prior to the registration of each Stage until there is no outstanding balance remaining. If, following the registration of all Stages and issuance of all building permits, there is any outstanding credit balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the CITY may enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefitting lands within the community, subject to satisfactory arrangements being made between all parties. 6.13 The SUBDIVIDER agrees that the streets shall be named to the satisfaction of the CITY's Director of Planning in accordance with Council Policy I-1070 and that the Region of Vllaterloo has approved the proposed street names. 6.14 The SUBDIVIDER agrees to install entrance features within the daylight triangles, at the SUBDIVIDER's cost as follows: a) at the Street Seven and Huron Road intersection in accordance with the approved Streetscape Plan for Priority Streets for Street Seven within one year of the first building permit for Stage 1, or in the event of winter conditions shall be installed by June 1 immediately following the occupancy of the first dwelling unit for Stage 1 to the satisfaction of the CITY'S General Manager of Community Services and the CITY'S Director of Planning; b) at the Street One and Fischer Hallman Road intersection in accordance with the Fischer Hallman Corridor Design Guidelines and the approved Streetscape Plan for Priority Streets for Street 1, within one year of issuance of the first building permits for Stage 17 or 18, or in the event of winter conditions shall be installed by June 1 immediately following the occupancy of the first building for Stage 17 or 18 to the satisfaction of the CITY'S General Manager of Community Services and the CITY'S Director of Planning, in consultation with the Region of Waterloo. 6.15 Prior to occupancy of the first unit being granted within each Stage, the SUBDIVIDER shall determine the locations of all centralized mail receiving facilities for the subject Stage to the satisfaction of Canada Post, in consultation with the CITY's Director of Engineering Services and the CITY's Director of Planning. If required, the SUBDIVIDER shall provide temporary suitable centralized mail box locations that may be utilized by Canada Post until curbs, boulevards and sidewalks are constructed for the plan of subdivision. 6.16 a) The SUBDIVIDER agrees to install black vinyl chain link fencing, or other decorative fencing that is not solid on Walkway Block 6 (Stage 14) within one year of occupancy of the lots that are immediately adjacent to said Walkway Blocks. The SUBDIVIDER further agrees to include a statement in all Offers of Purchase and Sales Agreements with builders that will require the builders to include a statement in all Offers of Purchase and Sale Agreements, andlor Rental Agreements with home buyers for said lots, that advises that special fencing is being installed on the walkway blocks and that owners of said lot are restricted from installing solid board or other like solid fencing along the common property line with the walkway block. b) The SUBDIVIDER agrees to install a 1.8 metre high wood fence along any property line (side or rear) of lots contained within Block 7 (Stage 1) where said property lines are adjacent to the park. Such fences must be constructed in accordance with the CITY's fence by-law and must be constructed within one year of occupancy to the satisfaction of the Director of Planning. 6.17 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with builders that will require the builders to include a statement in all Offers of Purchase and Sale Agreements, andlor Rental Agreements with home buyers, which advise as follows: a) that the home/business mail delivery will be from a designated Community Mail Box; and b) that identifies the exact Community Mail Box locations. The SUBDIVIDER further agrees that the SUBDIVIDER's agreements of purchase and sale with its builders shall require that the location of all Community Mail Box facilities be shown on maps, information boards and plans, including maps displayed in the sales office(s). 6.18 The SUBDIVIDER agrees to include a clause in Agreements of Purchase and Sale with builders that will require the builders to include a statement in all Offers of Purchase and Sale Agreements, andlor Rental Agreements with home buyers that: a) advise that there is a planned transit route through the neighbourhood and to provide an information pamphlet or website address regarding Grand River Transit services; b) identify the presence of the water pressure reduction devises and advises that it not be removed by the owner/occupant; c) advise that the property is subject to approved Design Guidelines for Priority Lots (if applicable). This statement shall also advise purchasers of such Priority Lots that they are required to follow the guidelines, for items such as future additions, major alterations and fencing. 6.19 The CITY and HYDRO, where applicable, agree to implement street furniture and hydro utilities on Street One, Street Seven and Street Fourteen, to be of a style and in keeping with the intent of the approved Streetscape Plan or Design Guidelines for Priority Lots. The SUBDIVIDER agrees to work with the Regional Municipality of Waterloo on the design and construction of transit stops in these locations to be in keeping with the intent of the approved Streetscape Plan or Design Guidelines for Priority Lots. 6.20 a) The SUBDIVIDER agrees that the Phase One -Short Term conservation works identified in the approved 1940 Fischer Hallman Road Conservation Plan, prepared by Carson Woods Architects Limited (dated July 27, 2009) shall be completed by September 30, 2010 to the satisfaction of the CITY's Director of Planning. Should the conservation works not be completed by the specified date the CITY shall use the Letter of Credit (required by condition 2.17) to have the necessary conservation works completed. The CITY, its employees, agents or contractors may, at the CITY'S sole option and in addition to any other remedies that the CITY may have, enter on the lands and so complete the required conservation works to the extent of monies received under the Letter of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter of Credit. In the event that there are required exterior conservation works remaining to be completed, the City may by by-law exercise its authority under Section 427 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. The Letter of Credit will be reduced by $35,000.00 when the required Phase One -Short Term conservation works have been completed and certified by a heritage consultant to the satisfaction of the Director of Planning; b) The SUBDIVIDER agrees that the Phase Two -Medium Term conservation works identified in the approved 1940 Fischer Hallman Road Conservation Plan, prepared by Carson Woods Architects Limited (dated, July 27, 2009} shall be completed in the timeframes described in the approved Conservation Plan. Should the conservation works not be completed as approved the CITY shall use the Letter of Credit (required by condition 2.17} to have the necessary conservation works completed. The CITY, its employees, agents or contractors may, at the CITY'S sole option and in addition to any other remedies that the CITY may have, enter on the lands and so complete the required conservation works to the extent of monies received under the Letter of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter of Credit. The Letter of Credit will be reduced by $10,000.00 when the required Phase Two -Medium Term conservation works have been completed and certified by a heritage consultant, to the satisfaction of the CITY's Director of Planning; c) The SUBDIVIDER agrees to complete Phase Three -Long Term conservation works and agrees to continue to monitor the house as identified in the approved 1940 Fischer Hallman Road Conservation Plan, prepared by Carson Vvoods Architects Limited (dated, July 27, 2009) until full restoration work on the house begins in accordance with a future Heritage Impact Assessment and site specific Heritage Design Guidelines, to the satisfaction of the CITY's Director of Planning. Should the conservation works not be completed as approved, the CITY shall use the Letter of Credit (required by condition 2.17) to have the necessary conservation works completed. The CITY, its employees, agents or contractors may, at the CITY'S sole option and in addition to any other remedies that the CITY may have, enter on the lands and so complete the required conservation works to the extent of monies received under the Letter of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter of Credit. The Letter of Credit will be released by the CITY at such time as restoration work on the farmhouse has been initiated. 6.21 The SUBDIVIDER agrees that prior to application for or issuance of Site Plan Approval for lands contained within Block 1 (Stage 19) a Heritage Impact Assessment addressing the impact of the proposed development on the farmhouse and Heritage Design Guidelines for 1940 Fischer Hallman Road addressing the restoration and reuse of the farmhouse and the design and development of any nearby lands must be approved by the Director of Planning. Further, the SUBDIVIDER agrees to develop the lands contained within Block 1 (Stage 19) in accordance with the aforementioned Heritage Impact Assessment and Heritage Design Guidelines for Block 1 (Stage 19). In addition, the SUBDIVIDER agrees to provide the CITY'S Director of Planning with a Cost Estimate, prepared by a heritage consultant, for the cost associated with the conservation and restoration of the exterior of the dwelling in accordance with the approved Heritage Design Guidelines for 1940 Fischer Hallman Road. The SUBDIVIDER agrees to provide the CITY with a Letter of Credit or other like security in a form and content satisfactory to the CITY'S Solicitor, in an amount equal to the value of the restoration of the dwelling located on Block 1 (Stage 19) as determined in the Cost Estimate. Should conservation and restoration works not be completed as approved, the City may use the Letter of Credit to have the necessary works completed. The CITY, its employees, agents or contractors may, at the CITY's sole option enter on the lands and so complete the required conservation and restoration works to the extent of the monies received under the Letter of Credit. The Letter of Credit shall be released by the CITY when the required restoration has been completed and certified by a heritage consultant to the satisfaction of the CITY'S Director of Planning. 6.22 Prior to application for any building permits or occupancy within Stages 12, 13 or 14 the SUBDIVIDER agrees that the South Strasburg Creek Trunk Sewer shall be constructed from the eastern extents of the plan, along Street Eleven to Street Seven, and south along Street Seven to the southern extent of the plan. It is acknowledged that these works including design expenses are intended by the CITY to be included in the City's Development Charge By-law, as amended. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the CITY to fund these works and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to provide and up-front the cost of these works. The CITY agrees to recognize any monies paid by the SUBDIVIDER for any works or services normally paid out of the City's Development Charge Account with such monies to be refunded or to be recognized as a credit towards any CITY Development Charge payable for any lot or blockwithin the lands subject to Application 30T-07205 in accordance with the applicable City Development Charges By-law and Policies in effect at the time the monies are paid by the SUBDIVIDER. A Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each Stage prior to the registration of each Stage, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of all Stages and issuance of all building permits, there is any outstanding credit balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the CITY may enter into an agreement with the SUBDIVIDER, under Section 40 of the Development Changes Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 6.23 The SUBDIVIDER agrees to complete the detailed design and to implement the construction of the ultimate solution for the closure of Plains Road, at the SUBDIVIDER's sole cost, as described in the approved Plains Road Class Environmental Assessment, including an assessment of the condition of and geometric upgrade of the portion of the road to remain open and the dedication of any required lands, to the satisfaction of the City's Director of Engineering. The implementation of the ultimate solution shall be completed in conjunction with Stage 9, and must be fully operational at such time as the roads within Stage 9 are accepted by the City. Further, the SUBDIVIDER agrees to maintain through access or a temporary turnaround, to the satisfaction of the CITY's Director of Engineering, throughout the construction period. 6.24 The SUBDIVIDER agrees to implement the approved Plains Road Commemoration sidewalk treatment at such time as sidewalks are being constructed to the satisfaction of the CITY's Director of Engineering and Director of Planning. 6.25 The SUBDIVIDER agrees to extend municipal services to the limits of the plan along Street 16 to the satisfaction of the CITY's Director of Engineering. 6.26 The SUBDIVIDER agrees to implement the approved Environmental Monitoring Program including that described in the approved Environmental Impact Study and General Vegetation Overview, Natural Resource Solutions Inc. dated October 2007, the Preliminary Stormwater Management Report, MTE, October 2007, and also including any additions or modifications identified by the CITY or GRCA as part of the final review and approval of the Environmental Monitoring Program. The SUBDIVIDER further agrees to implement any remedial action deemed necessary as a result of the aforementioned monitoring program at their sole expense to the satisfaction of the CITY'S Director of Engineering Services. 6.27 The SUBDIVIDER agrees to connect the existing house located at 1940 Fischer Hallman Road (Block 1, Stage 19) to full municipal services, to the satisfaction of the CITY's Director of Engineering. 6.28 The SUBDIVIDER agrees that in the event that alternative cross section designs or right of way widths are proposed by the SUBDIVIDER, to the satisfaction of the CITY's Director of Engineering, and utilized within specified locations within the draft plan then the additional costs anon standard or "special" costs) associated with the installation of utilities and services in duct banks or along streets shall be the responsibility of the SUBDIVIDER. 2.2 That prior to final approval of any plan of subdivision to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. That the City Standard Residential Subdivision Agreement be registered on title. 2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Director of Planning and to obtain approval there from. 3. The final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered for each Stage prior to the registration of such Stage. This condition shall not apply if the plan is to be registered prior to the approval of servicing plans. 4. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 5. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 6. The SUBDIVIDER agrees to show emergency access/secondary access, if required, in accordance with City policy, on the final plans for registration to the satisfaction of the CITY'S Director of Planning in consultation with the CITY'S Director of Engineering. 7. The SUBDIVIDER shall make satisfactory arrangements with Kitchener-Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 8. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telecommunications services to the plan of subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 9. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telecommunication companies and the CITY'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/ Enhancement Plan; (d} if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning, or, in the case of parkland, the CITY'S General Manager of Community Services; and (e} to provide to the CITY'S Director of Planning, a clearance letter from each of the HYDRO and telecommunication companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. Alternatively, and at the City's sole discretion, if the SUBDIVIDER provides reasonable evidence to the satisfaction of the CITY that all reasonable efforts have been made by the SUBDIVIDER to provide all necessary easements this condition may be cleared by the CITY without a release letter. 10. The SUBDIVIDER shall dedicate all roads, road widenings, 7.62m wide daylight triangles at the intersections with arterial roads, and public walkways to the appropriate authority, by the registration of the Plan of Subdivision. 11. The SUBDIVIDER agrees to convey to the CITY, at no cost and free of encumbrance, the following lands for the purposes set out below: Stage 1 a) Blocks 14 - 15 for park purposes; b) Block 16 for open space/woodland/wetland purposes; c) Block 17 for stormwater management; d) Block 19 for road widening purposes; e) Blocks 20 - 23 for 0.3m reserves. Stage 2 a) Block 3 for road widening purposes Stage 3 a) Block 5 for road widening purposes; b) Block 6 for 0.3m reserve. Stage 5 a) Block 3 for park purposes; b) Blocks 6 - 8 for 0.3 m reserves. Stage 6 a) Block 6 for park purposes; b) Block 7 for road widening purposes; b) Blocks 8 - 14 for 0.3 m reserves. Stage 88 a) Block 6 for park purposes. Stage 9 a) Block 5 for park purposes; b) Block 6 for 0.3 m reserve Stage 11 a) Block 8 for 0.3 m reserve. Stage 12 a) Block 4 for future development (reserve for road); b) Blocks 5 - 6 for 0.3 m reserves. Stage 13 a) Block 5 for park purposes; b) Block 6 for future development (reserve for road); c) Blocks 7 - 8 for 0.3 m reserve. Stage 14 a) Block 6 for walkway Stage 17 a) Block 2 for Road widening purposes. 12. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Director of Planning, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY'S Director of Planning; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, heritage features, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special bufferllandscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Director of Planning; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development and Technical Services. 13. The SUBDIVIDER shall have landscape plans of the stormwater management facilities and cul-de-sacs prepared by a Landscape Architect acceptable to the CITY'S General Manager of Community Services, in consultation with the CITY'S Director of Engineering Services and to obtain therefrom, approval of such plans. 14. The SUBDIVIDER shall prepare and receive approval of detailed design drawings for the Neighbourhood and Commemoration Parks and Parkettes, being Blocks 14 & 15 (Stage 1), Block 3 (Stage 5), Block 6 (Stage 6), Block 6 (Stage 8), Block 5 (Stage 9), and Block 5 (Stage 13) and for Walkway Block 6 (Stage 14), prior to the registration of the appropriate Stage, to satisfaction of CITY'S General Manager of Community Services and the CITY'S Director of Planning. Plans for Commemoration Parks and Parkettes should be generally consistent with the approved Plains Road Commemoration Design Brief (GSP Group, August 2008) and shall respect monies available to pay for the completion of the commemoration parks in accordance with the relevant provision of the Commemoration Cost Sharing Schedule. Park design plans should also give consideration to locations for Community Mail Box facilities, seating areas, and an enhanced treatment of the park space near the intersection of Street One and Street Fourteen. Further, the SUBDIVIDER agrees to provide a Letter of Credit for $105,000, to ensure implementation of the approved design drawings for Commemoration Parks and Parkettes in accordance with the Commemoration Cost-Sharing Schedule. The Letter of Credit may be reduced by that amount identified in the Commemoration Cost Sharing Schedule upon the satisfactory completion of the commemoration park or parkette, on a Stage by Stage basis. The Letter of Credit shall be released at such time as all the commemoration parks and parkettes have been completed to the satisfaction of the General Manager of Community Services and the Director of Planning subject to the provisions of the Commemoration Cost-Sharing Schedule. Should the commemoration works not be completed as per the approved design, the CITY may complete the required works to the extent of monies received under the Letter of Credit. The cost to complete such works shall be deducted from the monies obtained from the Letter of Credit. 15. Prior to Servicing or Registration of each Stage, whichever may come first, the SUBDIVIDER shall confirm whether decorative street signage and street lighting will be used to the satisfaction of the CITY'S Director of Transportation Planning and KW Hydro. Should these decorative elements be utilized, they shall be installed at the appropriate time frame and to the SUBDIVIDER'S cost, including the provision of a one-time supply of 10% of the materials for future maintenance replacement, to the satisfaction of the CITY'S Director of Transportation Planning and KW Hydro. 16. The SUBDIVIDER shall prepare a Street Tree Planting Plan for each Stage prior to the registration of each respective Stage to the satisfaction of the CITY'S Director of Planning, and the CITY'S General Manager of Community Services. Appropriate consideration shall be given to reduce conflicts between street trees and utilities. In locations where the survival of plantings may be difficult due to infiltration/salt management objectives within the municipal right-of way, street trees shall be provided immediately adjacent to the right-of way on each lotlor future lot. In these instances, an easement shall be provided over each lot/ or future lot in favour of the CITY for the maintenance of the street tree planting. 17. Prior to registration of Stage 1, the SUBDIVIDER shall receive final approval of the Design Guidelines for Priority Lots to the satisfaction of the CITY'S Director of Planning. The Design Guidelines for Priority Lots shall include, but not be limited to, the following considerations: a) For Corner (C) Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along both road frontages for each lotldwelling, including such items as the provision of porches, porticos, stairs or other projections; secondary or angled door entries; horizontal articulation, brick or masonry-style skirting along both the front and exterior side yard and/or accentuated windows; increased building massing and height; and consideration to fencing. Preference is given to garages facing the flankage street. b) For Terminating Vista (T) Priority Lots, building elevation and building location drawings shall ensure that the garage face is not the primary terminating view from the oncoming street, instead utilizing the habitable portion of the dwelling, porch, roof pitch, etc. c} For Gateway (G) Priority Lots, in the event that said blocks do not require site plan approval, building location, massing and elevation drawings shall ensure that consideration has been given to height, massing and building relation to the street line; the design treatment along road frontages for each lot/dwelling, including such items as the provision of porches, porticos, stairs or other projections; secondary door entries; horizontal articulation, brick ormasonry-style skirting; consistency in style and details for the entire block at gateway locations; and consideration to fencing. d) For Window (W) Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along the frontage for each lot/dwelling, including such items as the provision for porches, porticos, stairs, or other projections, horizontal articulation, brick and masonry-style skirting and/or accentuated windows. e) For Park (P) Priority Lots, building elevation drawings shall ensure that consideration has been given to the design treatment along the road frontage and the park flankage for each lot/dwelling, including such items as the provision for porches, porticos, stairs, or other projections, secondary entry doors, horizontal articulation, brick and masonry-style skirting and/or accentuated windows; consideration to fencing to enable views from rear yard; and consistency in architectural style and details forall units fronting the central park. 18. Prior to the registration of each Stage, the SUBDIVIDER shall complete the detailed design of the Streetscape Plan for Priority Streets contained within the subject Stage [from Condition 3.20 of the Subdivision Agreement] showing the final design and construction details for clauses d} to h) inclusive [entrance feature, street tree plantings and flankage lot streetscape features, utilities and transit stops, and commemoration features], to the satisfaction of the CITY'S Director of Planning and the CITY'S General Manager of Community Services. 19. The SUBDIVIDER agrees that the plan shall be registered in nineteen Stages in accordance with the following and to the satisfaction of the CITY's Director of Planning: a) Stage 1 shall be registered first; b) Stage 2 shall be registered concurrently with or subsequent to Stage 3; c) Stage 3 shall be registered concurrently with or subsequent to Stage 1; d) Stage 4 shall be registered concurrently with or subsequent to Stage 3; e) Stage 5 shall be registered concurrently with or subsequent to Stage 3; ~ Stage 6 shall be registered concurrently with or subsequent to Stage 5; g) Stages 7, 8, 9 and 11 shall be registered concurrently with or subsequent to Stage 6; h) Stage 10 shall be registered concurrently with or subsequent to Stage 9; i) Stage 12 shall be registered concurrently with or subsequent to Stage 11; j) Stage 13 shall be registered concurrently with or subsequent to Stage 12; k) Stage 14 shall be registered concurrently with or subsequent to Stage 13; I) Stage 15 shall be registered concurrently with or subsequent to Stage 1; m) Stage 16 shall be registered concurrently with or subsequent to Stage 1; n) Stage 17 shall be registered concurrently with or subsequent to Stage 3; o) Stage 18 shall be registered concurrently with or subsequent to Stage 6; p) Stage 19 shall be registered concurrently with or subsequent to Stage 6. 20. The SUBDIVIDER agrees that Stages 17, 18 and 19 may not proceed to registration until such time as the Fischer Hallman Corridor Design Study and the Fischer Hallman Corridor Community Plan or Secondary Plan have been completed and approved. Further, the SUBDIVIDER agrees to implement the recommendations of the Design Study, and the policies of the Community Plan or Secondary Plan (as the case may be} in any future redesignation, rezoning and development of the subject parcels. 21. The SUBDIVIDER agrees that Stage 1, 2, 16 and 17 may not proceed to registration until such time as the Huron Road Environmental Assessment has been approved. Upon approval of the Huron Road Environmental Assessment, the SUBDIVIDER agrees to submit a reference plan to the satisfaction of the CITY'S Director of Planning and the CITY'S Director of Engineering showing the widening of the road right-of way as identified in the Environmental Assessment. The SUBDIVIDER agrees to convey the required widening of the road right-of way in accordance with the Kitchener Official Plan and the approved Environmental Assessment document. Any widening above and beyond that which is identified in the Kitchener Official Plan, will be acquired by the City through a negotiated agreement of purchase and sale or expropriation. Further, prior to registration, the SUBDIVIDER agrees to modify the draft plan to show the required widening of the road right-of-way, to the satisfaction of the CITY's Director of Planning and the CITY's Director of Engineering. 22. Prior to grading or registration, whichever shall occur first, the SUBDIVIDER agrees that if grading has not commenced prior to final approval of the plan for registration, a Detailed Vegetation Plan is to be submitted for approval by the CITY's Director of Planning. The Detailed Vegetation Plan shall also show approved grading. The SUBDIVIDER agrees to implement all of the measures identified in the approved Detailed Vegetation Plan including delivering all information contained in the approved Detailed Vegetation Plan to prospective purchasers to ensure that the requirements are carried out as specified. 23. Prior to registration of each Stage, should registration proceed before servicing, the SUBDIVIDER shall submit an On-Street Parking Plan for the proposed subdivision to the satisfaction of the CITY's Director of Transportation Planning in accordance with the CITY's On-Street Parking Policy I-1070. 24. Prior to Servicing or Registration, whichever shall occur first, the SUBDIVIDER agrees to submit a functional design for the implementation of bicycle lanes on both sides of Street One and Street Seven; bicycle lanes, on-street parking bays and intersection curb extensions on both sides of Street Seven between Street Fourteen north intersection and Street Fourteen south intersection, Street Fourteen (south of the park) between Street One and Street Seven; bicycle lanes on both sides of Street Fourteen (north of the park) between Street One and the east limit of the plan; on-street parking bays and intersection curb extensions on both sides of Street Fourteen (north of the park) between Street One and Street Seventeen west intersection; on-street parking bay and intersection curb extensions on the south side of Street Fourteen (north of the park) between Street Seventeen west intersection and Street Eighteen. 25. Prior to the servicing or registration of any Stage containing the following intersections of Street One and Street Fourteen, Street Fourteen North and Street Seven, Street Fourteen South/Street Twelve and Street Seven, Street TwolStreet Twelve and Street Seven, and Street Fourteen and Street Eighteen, the SUBDIVIDER agrees to submit an operational analysis and functional design for roundabouts prepared by a qualified roundabout design engineer to the satisfaction of the CITY's Director of Engineering Services. In the event that it is determined through the operation analysis and/or functional design that additional property is required to construct the roundabout, the SUBDIVIDER agrees to dedicate the required property to the CITY and that any necessary modifications be made to the plan. 26. Prior to registration of each Stage, the SUBDIVIDER in consultation with their Heritage Consultant agrees to submit designs for special sidewalk treatments all locations where sidewalks intersect with the former Plains Road right-of-way, in accordance with the Plains Road Commemoration Design Brief, prepared by GSP Group and dated August, 2008, for approval by the Director of Planning. The final designs for such commemoration sites shall include details for sidewalk colour, surface treatments, and a Plains Road commemoration concrete stamp or other form of monumentation. 27. The SUBDIVIDER shall reserve Block 13 (Stage 1) for the Waterloo Catholic District School Board. The SUBDIVIDER agrees to provide to the CITY's Director of Planning, with a letter from the Board indicating that satisfactory arrangements have been made to acquire Block 13 (Stage1) for school purposes. 28. Prior to grading or registration, whichever shall occur first, the SUBDIVIDER agrees to submit and obtain approval of an Environmental Monitoring Program including that described in the approved Environmental Impact Study and General Vegetation Overview, Natural Resource Solutions Inc. dated October 2007, Preliminary Stormwater Management Report, MTE, October 2007, and also including any additions or modifications identified by the CITY or GRCA as part of the final review and approval of the Environmental Monitoring Program. The program is to be approved by the Director of Engineering in consultation with the Director of Planning, the General Manager of Community Services, and the Grand River Conservation Authority. 29. Prior to grading or registration, whichever shall occur first, the SUBDIVIDER shall provide a Letter of Credit in the amount of $59,000 for the completion of the Phase One, Two and Three Conservation works as described in the Conservation Plan for 1940 Fischer Hallman Road, prepared by Carson U1loods Architects Limited and dated July 27, 2009, to the satisfaction of the CITY's Director of Planning. The Letter of Credit will be reduced to $24,000 when the required Phase One - Short Term conservation works have been completed and certified by a heritage consultant, and will be further reduced to $14,000 when the Phase Two -Medium Term conservation works have been completed and certified by a professional architect, to the satisfaction of the CITY's Director of Planning. The Letter of Credit will be released by the CITY at such time as restoration work on the farmhouse has been initiated, in accordance with a future Heritage Impact Assessment and site specific Heritage Design Guidelines, to the satisfaction of the CITY's Director of Planning. 30. Prior to grading or registration, whichever may occur first, the SUBDIVIDER agrees to work with the downstream land owners} and CITY to complete an erosion analysis and works required to mitigate adverse erosion impact of the south branch of Strasburg Creek to the satisfaction of the CITY's Director of Engineering and the Grand River Conservation Authority. 31. The SUBDIVIDER agrees to show street names on the final plans to be registered. Further, the SUBDIVIDER agrees that streets shall be named to the satisfaction of the CITY's Director of Planning in accordance with Council Policy I-1070 and that the Region of Vllaterloo has approved the proposed street names. 32. Prior to registration of each Stage the SUBDIVIDER shall provide written confirmation from the Director of Engineering, to the satisfaction of the Director of Planning that states that all required municipal services are available. In accordance with the approved South Strasburg Trunk Sanitary Sewer Environmental Assessment, sanitary sewers must outlet to the South Strasburg Trunk Sanitary Sewer. The City will make best efforts to facilitate the timely extension of the South Strasburg Sanitary Sewer. 33. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Department of Development and Technical Services, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plans}, have been satisfied. 3.0 REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services. That the plan submitted for final approval may incorporate a lot pattern for all blocks in which single detached, semi-detached and townhouse lots are permitted, at a density not exceeding the density identified in the draft approval conditions. 2. That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Municipality of Waterloo priortofinal approval of the subdivision plan. 3. That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048 metre (10 ft.) road widening dedication to the Regional Municipality of Waterloo along the frontage of Block 1, Stage 17 adjacent to Fischer-Hallman Road (Regional Road 58). Should a determination be made (through the completion of an Environmental Assessment or otherwise) that the road widening dedication is not required, then the land will be re-conveyed to the owner of the adjacent Block(s). 4. That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048 metre (10 ft.) road widening dedication to the Regional Municipality of Waterloo along the frontage of Block 1, Stage 18 adjacent to Fischer Hallman Road (Regional Road 58). Should a determination be made (through the completion of an Environmental Assessment or otherwise) that the road widening dedication is not required, then the land will be re-conveyed to the owner of the adjacent Block(s). 5. That prior to final approval of Stage 1, the SUBDIVIDER dedicates a 3.048 metre (10 ft.) road widening dedication to the Regional Municipality of Waterloo along the frontage of Block 1, Stage 19 adjacent to Fischer Hallman Road (Regional Road 58). The 3.048 metre (10 ft.) widening at this location may be reduced as necessary in order to recognize the existing heritage dwelling on the property. Should a determination be made (through the completion of an Environmental Assessment or otherwise) that the road widening dedication is not required, then the land will be re-conveyed to the owner of the adjacent Block(s). 6. a) That prior to final approval, the Region reviews and accepts the revised Noise Study entitled "Preliminary Environmental Noise Assessment, Becker Estates Subdivision, Fischer-Hallman Road & Huron Road, Kitchener, Ontario" prepared by MTE Consultants Inc. dated October 2007 and last revised July, 2009. Furthermore, the SUBDIVIDER shall enter into an agreement with the Regional Municipality of Waterloo or City of Kitchener, as necessary, to provide for implementation of the revised noise study attenuation measures. b) Notwithstanding 6a) above, that prior to final approval the SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo to submit a road traffic noise study, as necessary, indicating to the Regional Municipality of Waterloo methods to be used to abate road traffic noise levels affected by Fischer-Hallman Road and Huron Road for future development Block 1 in each of Stages 17, 18 and 19. Where appropriate, the lands should be designed to avoid the use of outdoor physical noise attenuation measures through appropriate setbacks taking into account the corridor design study currently being undertaken for Fischer-Hallman Road by the City of Kitchener and the Regional Municipality of Waterloo. The agreement must also contain a provision to amend such agreement to implement any recommended attenuation measures. c) That if required, any minimum setbacks to address noise attenuation be included in the proposed zoning bylaw. d} That prior to final approval, the SUBDIVIDER completes a final road traffic noise study, as necessary, to determine detailed noise attenuation requirements including noise wall height, density and location, and special building components. Furthermore, the SUBDIVIDER shall enter into an agreement with the Regional Municipality of Waterloo or City of Kitchener, as necessary, to provide for implementation of the noise attenuation requirements recommended in the study. 7. a} That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER completes a final Water Distribution Analysis to the satisfaction of the Regional Municipality of Waterloo. Such analysis must take into account recent changes to water pressure zones 2, 4 and 5 in this area, and must identify the specific Blocks on the plan which require pressure reducing devices. b} That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER enters into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit constructed on those Blocks identified in the final Water Distribution Analysis in Condition 8a} above, to not exceed the maximum standard of 80 psi, and to include in the offers to purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising the it not be removed by the ownerloccupant. 8. That prior to final approval, the Regional Municipality of Waterloo has the necessary physical and financial resources for the cost of design, construction and installation of street lighting along Fischer-Hallman Road (Regional Road 58) in accordance with Regional policies and procedures. 9. That prior to final approval, the Regional Municipality of Waterloo has the necessary physical and financial resources to construct a sidewalk along the frontage of Fischer-Hallman Road (Regional Road 58). 10. That prior to any grading of any lands of this plan of subdivision, the SUBDIVIDER decommissions any monitoring wells, existing private wells, and septic systems on the lands in accordance with applicable laws and regulations including 0. Reg. 903 of the Ontario Water Resources Act. 11. That the SUBDIVIDER agrees to stage the development of this plan of subdivision in a manner satisfactory to the Regional Municipality of Waterloo. 12. That the SUBDIVIDER submits a Street Tree Planting Plan for Fischer-Hallman Road Regional Road 58) to the satisfaction of the Regional Municipality of Waterloo, and furthermore, that the Regional Municipality of Waterloo has the physical and financial resources to provide for implementation of the approved Street Tree Planting Plan. 13. That the SUBDIVIDER submits a Boulevard Restoration Plan for Fischer- Hallman Road Regional Road 58) to the satisfaction of the Regional Municipality of Waterloo and shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the approved Boulevard Restoration Plan as necessary. 14. That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER agrees to complete to the satisfaction of the Regional Municipality of Waterloo the report entitled "Becker Estates Subdivision, Preliminary Chloride Impact & Groundwater Recharge Study" prepared by MTE Consultants dated April 2009. The SUBDIVIDER further agrees to implement the recommendations of the study. 15. That a final area grading and drainage plan be submitted for the entire plan of subdivision to the satisfaction of the Regional Municipality of Waterloo where lands drain to a Regional facility, for approval. 16. That a final stormwater management plan be submitted for the entire plan of subdivision to the satisfaction of the Regional Municipality of Waterloo where lands drain to a Regional facility, for approval. The final stormwater management plan must address methods to reduce impacts from road salt infiltration on groundwater including, but not limited to, the recommendations of the "Becker Estates Subdivision, Preliminary Chloride Impact & Groundwater Recharge Study" prepared by MTE Consultants dated April 2009 as noted in Condition 14 above. 17. a} That prior to final approval, the SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo to prepare and implement a road Salt Management Plan prior to site plan approval for: school Block 16, Stage 1; medium density residential Block 1, Stage 2; medium density residential Block 1, Stage 15; and future development Block 1, Stages 17, 18 and 19, to the satisfaction of the Regional Municipality of Waterloo. b} That prior to final approval, the SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo to prepare and implement a road Salt Management Plan prior to site plan approval for: Laneway Block 22, Stage 1; Laneway Block 4, Stage 4; and Laneway Blocks 5, 6 and 7, Stage 5. 18. That prior to final approval of all or any part of this plan of subdivision, the SUBDIVIDER agrees to complete any additional warrant analysis associated with the Transportation Impact Study entitled "Becker Estates Traffic Impact Study Update" dated September 2008 prepared by Paradigm Transportation Solutions Limited, to the satisfaction of the Regional Municipality of Waterloo. 19. That prior to final approval of Stage 3 of this plan of subdivision, the SUBDIVIDER agrees to submit a preliminary roundabout design, screening analysis, intersection control study, and detailed design for the roundabout prepared by a qualified roundabout design engineer where necessary to the satisfaction of the Region's Commissioner of Planning, Housing and Community Services for the intersections of Fischer-Hallman Road (Regional Road 58) and Street One, and Fischer-Hallman Road and Street Two. In the event the analysis for each intersection demonstrates the potential need for additional land in order to implement a roundabout option or other intersection improvements, the SUBDIVIDER agrees to modify Block 1, Stage 17, Block 1, Stage 18 and Block 1, Stage 19 in order show the additional lands required for the roundabouts and to dedicate, at no cost to the Region, that portion of the required lands to the Regional Municipality of Waterloo prior to final approval of Stage 3 or at such time as the Region deems necessary. Should a determination be made (through the completion of an Environmental Assessment or otherwise) that a roundabout is not the preferred alternative to address operations at the subject intersections or other intersection improvements are not required, then the land will be re-conveyed to the owner of the adjacent Block(s). 20. If the preliminary roundabout analysis in Condition 19 determines that a roundabout is not required for Fischer-Hallman Road and Streets One and Two, the SUBDIVIDER agrees to establish two (2) 7.62 metre (25 ft.) daylighting triangles at the intersections of Fischer-Hallman Road and Streets One and Two, and to dedicate the daylighting triangles on the final plan for registration as public highway to the appropriate road authority. 21. If the preliminary roundabout analysis in Condition 19 determines that a roundabout is not required for Fischer-Hallman Road and Streets One and Two, the SUBDIVIDER must submit for review and approval, functional designs for the required road improvements and traffic control on Fisher-Hallman Road at Streets One and Two. 22. That prior to final approval of any plan of subdivision, the Region has the necessary physical and financial resources to implement the Traffic Impact Study and Intersection Control Study including, but not limited to, the roundabouts for Fischer- Hallman Road at Streets One and Two, and the conveyance of lands owned by the City of Kitchener situated on the west side of Fischer-Hallman Road at Street One at no cost to the Region. 23. That prior to final approval of any plan of subdivision, the SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo to provide a Letter of Credit in a form satisfactory to the Regional Solicitor for the future installation of concrete transit pads. 24. That the SUBDIVIDER obtains Regional Road Access permits for Street One at Fischer-Hallman Road and Street Two at Fischer-Hallman Road. 25. That the SUBDIVIDER enters into an agreement with the Regional Municipality of Waterloo to erect a 1.82 metre high permanent, maintenance free fence, where necessary, adjacent to Fischer-Hallman Road (Regional Road 58} in accordance with Regional policies and procedures, except where a noise attenuation wall may be required as per Condition No. 6 above. 26. That the SUBDIVIDER enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the SUBDIVIDER has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. 27. That the SUBDIVIDER include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfillment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." 4.OTHER AGENCY CONDITIONS 1. Prior to any grading or construction on the site and prior to registration of any plan, the owners or their agents shall submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a} A detailed storm water management report in accordance with the 2003 Ministry of the Environment Report entitled "Stormwater Management Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report (October 2007) and letters dated February 27, 2009 and July 22, 2009 prepared by MTE Consultants Inc. b} A detailed Lot Grading, Servicing and Storm Drainage Plan. c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d} The submission and approval of Development, Interference with Wetlands and Alterations to Watercourses and shorelines permit from the GRCA prior to the construction of the stormwater management outlet and removal of a small isolated wetland pocket if the same is within or proposed to service the plan to be registered. e} Prior to grading or registration, whichever may occur first, the SUBDIVIDER agrees to work with the downstream land owner(s) and CITY to complete an erosion analysis and works required to mitigate adverse erosion impact of the south branch of Strasburg Creek to the satisfaction of the CITY's Director of Engineering and the Grand River Conservation Authority. 2. a) That prior to Registration of Stage 1, the SUBDIVIDER agrees to make satisfactory arrangements with the Waterloo Catholic District School Board with respect to the Block 13 (Stage 1). b) That prior to grading or registration of Stage 1, whichever occurs first, SUBDIVIDER agrees to provide a copy of the relevant Area Grading Plan to the Waterloo Catholic District School Board for their review and comment to the Director of Engineering. c) That prior to servicing or registration of Stage 1, whichever occurs first, the SUBDIVIDER agrees to provide a copy of the relevant Servicing Plan to the Waterloo Catholic District School Board for their review and comment to the Director of Engineering. 5. CLEARANCE CONDITIONS 1. That priorto the signing of the final plan by the Director of Planning, the Director shall be advised by the Regional Commissioner of Planning and Housing and Community Services that Conditions 1-27 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief but complete statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the CITY's Director of Planning, the Director shall be advised by the telephone company that Conditions 2.2.8 and 2.2.9 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 3. That prior to the signing of the final plan by the CITY's Director of Planning, the Director shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.7 and 2.2.9 have been carried out satisfactorily. The clearance letter from Kitchener Wilmot Hydro should contain a brief statement as to how the conditions were satisfied. 4. That prior to the signing of the final plan by the CITY's Director of Planning, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 5. That prior to the signing of the final plan by the CITY's Director of Planning, the Director shall be advised by the Waterloo Catholic District School Board that Condition 4.2 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By- law of the City of Kitchener and Regional Development Charge By-law 04-049, are applicable. Conveyance of Lands 2. Conveyance of lands to the City of Kitchener and Regional Municipality of Waterloo: i) If the land to be conveyed to the City of Kitchener and Regional Municipality of Waterloo can be more easily described in the conveyance by reference to a Registered Plan than by 'metes and bounds', it is suggested that the description be so worded. ii) It is further suggested that the owner give to the City of Kitchener and Regional Municipality of Waterloo an undertaking to deposit with the City Clerk and Regional Solicitor a properly executed copy of the conveyance concurrent with the registration of the plan. The date and number of the document effecting the closing of the portion of original road allowances included in this plan of subdivision shall be noted on the plan. Registry Act 3. The final plans for Registration must be in conformity with Ontario Regulation 43196, as amended, under The Registry Act. Review 4. Draft approval will be reviewed by City of Kitchener Council from time to time to determine whether draft approval should be maintained. Updated Information 5. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address and phone number. Agreement 6. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $515.00 plus disbursements. Regional Fees 7. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 8. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. stormwater Management 9. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System 10. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Planning Act Applicability 11. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O.1996, c.4 (Bill 51). Regional Servicing Agreement 12. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 13. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered ,and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans 14. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the [enter title of person(s) authorized to sign plan], signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar four (4) mylar copies four (4) white paper prints