Town of Fort Erie Community & Development Services Our Focus: Your Future

Prepared for: Council-in-Committee Report No.: CDS-09-07Agenda Date: February 5, 2007 File No.: 350308-0071.2 Subject: BAYRIDGE CROSSING – PHASE 2 Subdivision Agreement and Pre-Servicing Approval East Side of Ridge Road South, South of Thunder Bay Road Recommendations: THAT the Town enter into a Subdivision Agreement with 1650714 Ontario Inc.

for Phase 2 of the Bayridge Crossing Subdivision; and THAT the Developer be allowed to pre-service the subdivision prior to the

registration of the Subdivision Agreement subject to receipt of the final drawings, security deposit, cash payment, approvals, insurance certificate and letter of indemnification to the satisfaction of the Town; and

THAT a By-law be submitted to Council authorizing the Mayor and Clerk to

execute the Subdivision Agreement and associated documents. List of Stakeholders: 1650714 Ontario Inc. The Town of Fort Erie Prepared by: Submitted by: Approved by: Original signed by Joe Mrozek for M. S. Amio, C.E.T. Development Coordinator

Original signed by

R. Mostacci, MCIP, RPP Director, Community & Development Services

Original signed byMargaret Neubauer for H. Schlange, MBA Chief Administrative Officer

:msa

Community & Development Services Report No. CDS-009-07

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Purpose of Report The purpose of this report is to obtain Council’s authorization to enter into a Subdivision Agreement with 1650714 Ontario Inc. (John Kendall) for the development of the Bayridge Crossing – Phase 2 subdivision. Background Council approved Report No. CDS-061-05 on May 16, 2005 which authorized the Town to enter into a Subdivision Agreement with the Developer for the construction of services for Phase 1 of the Bayridge Crossing Subdivision. The subdivision is located on the east side of Ridge Road South, south of Thunder Bay Road. The Subdivision Agreement was registered on June 07, 2005 as Instrument No. SN78772. Phase 1 development consists of Lots 1 to 10 inclusive fronting onto Ridge Road South including the 3 blocks (Blocks 11, 12 & 13) along the east side which were sold/transferred to the abutting residential properties to the east. The Plan of Subdivision was registered on July 12, 2005 as Plan 59M-337. Analysis Attached as Appendix "1" is a Location Plan outlining the general location of the Subdivision and Appendix “2” is the Bayridge Crossing – Phase 2 General Servicing Plan. Phase 1 construction was completed in 2005 and Phase 2 includes the extension of Charlotte Street from the Prospect Point Subdivision with 26 internal lots fronting this street. Also included under Phase 2 is the construction of a Stormwater Management Quantity Facility, described as Block 27 on the plan. Future Phase 3 construction includes all the lots fronting Thunder Bay Road. There will be three (3) separate subdivision plans for the Bayridge Crossing Subdivision (M-Plan), one for each phase. Phase 1 was registered as Plan 59M-337, Phase 2 is being considered for development at this time and Phase 3 is to be considered at a later date. There will be an Inhibiting Order registered against Phases 2 & 3 lands and will not be removed until staff is satisfied that all Town requirements associated with Phase 2 construction are completed to the satisfaction of the Town. The Inhibiting Order for Phase 3 lands will remain in place until Phase 3 is ready to go, including a new Subdivision Agreement for Phase 3, updated drawings and security deposits. This is similar to the process used in other subdivision developments in Town recently completed and registered. Within the draft (M-Plan) Plan of Subdivision, attached as Appendix “5”, Phase 3 development is designated as Block 29,

Community & Development Services Report No. CDS-009-07

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All proposed municipal services to service Phase 2 including water distribution, sanitary collection system and minor storm sewer will be designed and constructed to Town’s normal standard. The new watermain will be extended from the existing watermain on Ridge Road South to the existing stub on Charlotte Street in the Prospect Point Subdivision. The sanitary sewer will discharge into the existing sanitary sewer on Rochelle Crescent, also in the Prospect Point Subdivision. The minor storm sewer system will discharge into a new Stormwater Management (SWM) Facility, controlling the post-development flow to pre-development level. A stormceptor (oil-grit separator) will be installed for stormwater quality purposes. The SWM facility will ultimately discharge to the existing storm sewer on Ridge Road South. Attached as Appendix “3” is Schedule “F” outlining the security and financial requirements from the Developer to guarantee all services in Phase 2 and as Appendix “4”, Schedule “I”, Special Provisions, both for inclusion in the overall Subdivision Agreement. In the interim, between finalizing the Subdivision Agreement and getting it signed and registered, staff is recommending that the Developer be allowed to pre-service Phase 2 of Bayridge Crossing Subdivision subject to the following pre-servicing requirements: 1. A Letter of Credit received from the Developer in the amount of $214,340.00

representing 15% of the estimated construction costs of On-Site Primary Services, 120% of the estimated construction costs of Secondary Services and other required deposits;

2. A Liability Insurance in the amount of $2,000,000.00 from the Developer be taken

out, naming the Town of Fort Erie as co-insured; 3. A cash payment made to the Town of Fort Erie in the amount of $49,133.96 for

Town administration fees, tax arrears, tree planting reserve, street & traffic signs, legal expense deposit, etc.; and

4. A letter from the Developer indemnifying the Town of Fort Erie from risk be

submitted. Financial/Staffing Implications

All costs including administrative and legal costs associated with the development of this Plan of Subdivision is the responsibility of the Developer. The Developer is required to provide securities in the form of a Letter of Credit to ensure that all of the works are completed to the satisfaction of the Town. Policies Affecting the Proposal

Community & Development Services Report No. CDS-009-07

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The lands are being developed in accordance with the applicable policies contained in the Planning Act R.S.O. 1990, the Town's Official Plan, Comprehensive Zoning By-law 129-90 and the Town's requirements for subdivision. The Public Meeting for the Draft Plan was held on November 1, 2004 and the Plan has been draft approved since March 12, 2005. Amending Zoning draft By-law 18-05 was passed on February 14, 2005 which permitted the proposed Plan. Comments from Relevant Departments/Community and Corporate Partners

The engineering drawings, reports and securities have been reviewed by the Town's Infrastructure Services Department and minor issues including landscaping of the SWM facility, are yet to be resolved. The draft Subdivision Agreement along with the security requirements will be provided to the Developer for its review. Staff will be finalizing the Subdivision Agreement and through the Clerk’s office, a By-law will be prepared authorizing the Town to enter into an Amending Subdivision Agreement with the Developer. The Subdivision Agreement will not be registered until the Developer addresses all the outstanding issues to staff’s satisfaction. Alternatives None applicable. Conclusion In order to permit the construction of services within Phase 2 of the Bayridge Crossing Plan of Subdivision, Council must adopt a By-law authorizing the Mayor and the Clerk to execute the Subdivision Agreement and any requisite documents.

A new Inhibiting Order will be registered against all the Lots in Phase 2 (including Block 28) until the Town approves the Completion Certificate for Primary Services associated with Phase 2 construction. Attachments Appendix “1” – Location Plan Appendix “2” - General Servicing Plan Appendix “3” – Schedule “F”, Security and Financial Requirements Appendix “4” – Schedule “I”, Special Provisions Appendix “5” – Draft M-Plan

APPENDIX “3” TO ADMINISTRATIVE REPORT CDS-009-07 FEBRUARY 5, 2007

SCHEDULE "F"

Financial Obligations and Cost of Construction (Includes 10% Engineering, 10% Contingency and 6% GST)

ON-SITE PRIMARY SERVICESRoadworks to Base Course Asphalt $129,720.00Sanitary Sewer System and Services $96,680.00Storm Sewer and Services $134,870.00Stormwater Management Facility including Maint. Access $22,110.00Water Distribution System $56,870.00Electrical Distribution and Streetlighting System $20,000.00

____________$460,250.00

15% of On-Site Primary Services $69,040.00 (1)

OFF-SITE & ON-SITE SECONDARY SERVICES40mm HL3 Surface Course Asphalt $25,400.00Remove Asphalt Curb & Replace with CC&G $5,890.00Concrete Sidewalk $20,320.00Asphalt Driveway Aprons $16,670.00Grading and Sodding of Boulevards $11,220.00Fencing, Landscaping and Plantings of SWM Facility $37,250.00

____________$116,750.00

120% of On-Site Secondary Services $140,100.00 (2)

TOTAL CONSTRUCTION OF SERVICES $577,000.00 (3)

SUBDIVIDER'S GRADING DEPOSIT ($200.00 per lot) $5,200.00 (4)

TREE PLANTING RESERVE (28 trees @ $375.00 each) $10,500.00 (5)(Supplied and Planted by the Town)

ENGINEERING, ADMINISTRATION and INSPECTION FEES $17,310.00 (6)[Calculated at 3.0% of (3)]

5% CASH IN LIEU OF PARKLAND DEDICATION $13,000.00 (7)

ARREARS AND LOCAL IMPROVEMENT CHARGES $5,173.96 (8)(As of January 31, 2007)

STREET, TRAFFIC & INFORMATION SIGNS (installed by Town)

a) 1 "stop sign" @ $ 150.00 each $150b) 1 "street sign" @ $ 200.00 each $200c) 2 SWM facility sign @ $300.00 each $600

TOTAL - STREET and TRAFFIC SIGNS $950.00 (9)

DEPOSIT FOR LEGAL EXPENSES $2,000.00 (10)

PROCESSING FEE - REGISTRATION OF PLAN OF SUBDIVISION $200.00 (11)

SUMMARY:

A. LETTER OF CREDIT REQUIRED

Total of (1) + (2) + (4) $214,340.00

B. CASH PAYMENT REQUIRED

Total of (5) + (6) + (7) + (8) + (9) + (10) + (11) $49,133.96

APPENDIX “4” TO ADMINISTRATIVE REPORT CDS-009-05 FEBRUARY 5, 2007

SCHEDULE "I"

Special Provisions 1. The Developer shall construct, at his sole cost, the Stormwater Management

(SWM) facility shown as Block 29 on the draft Plan of Subdivision (59M-Plan) as a Primary Service in accordance with the plans filed with and approved by the Town.

2. Prior to registration of this Agreement by the Town, the Developer shall file with

the Director of Community and Development Services, an Ontario Land Surveyor’s Certificate verifying all Lots as laid out on the proposed Plan of Subdivision meet or exceed the minimum Lot area and Lot frontage provisions of the Town Zoning By-Law.

3. The Developer acknowledges and agrees that all Offers to Purchase and

Agreements of Purchase and Sale negotiated prior to registration of the Plan of Subdivision shall contain a clause clearly indicating that “sanitary sewer servicing allocations for this subdivision will not be assigned by the Region until the Plan of Subdivision is granted final approval for registration”.

4. The Developer shall carry out or cause to be carried out all stormwater

management techniques and works including re-vegetating all disturbed areas and maintaining erosion and sediment control to the satisfaction of the Town of Fort Erie, the Regional Niagara Planning & Development Department, the Regional Niagara Public Works Department and the Niagara Peninsula Conservation Authority (NPCA) in accordance with the Ministry of Environment documents entitled “Stormwater Management Planning and Design Manual”, March 2003, and “Stormwater Quality Guidelines for New Development”, May 1991.

5. The Developer shall be responsible for testing, removal and disposal of

sediments within all catchbasins and the Stormwater Management Facility (including the oil-grit separator) as per the MOE Regulations or guidelines prior to assumption of Primary Services and Secondary Services by the Town. The Developer shall provide a Certificate of Analysis for the sediments prior to removal and disposal.

6. The Developer shall construct and install, at his sole cost, all plantings, fencing

and landscaping features within the SWM facility shown as Block 29 on the draft Plan of Subdivision in accordance with the approved plans to the satisfaction of the Town.

7. The Developer acknowledges and agrees to enter into an agreement with

Canadian Niagara Power Inc. (CNPI) with respect to the design and installation of electrical facilities and street lighting and to provide CNPI with a construction schedule and a complete set of drawings including the final plan of subdivision and the servicing plans showing all grading and drainage, all storm and sanitary sewers, all water lines and all road, curb and sidewalk construction including road cross sections.

8. Phasing of the Subdivision as approved by the Town shall be subject to the

following conditions:

(a) This agreement only applies to Phase 2 of the Bayridge Crossing Plan of Subdivision.

(b) All or any works included in Phase 3 shall not be constructed until all

Engineering Drawings, Reports and other Phase 3 requirements are reviewed and approved by the Director of Infrastructure Services. A new Subdivision Agreement for Phase 3 has to be approved by Town Council and registered on title prior to any works being carried out in Phase 3.

(c) The Inhibiting Order for the Phase 2 lands will remain in place until all

conveyances required are completed and the Director of Infrastructure

Community & Development Services Report No. CDS-009-07

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Services issues the Completion Certificate for Primary Services for Phase 2 lands.

9. The Developer shall carry out all and any additional temporary works necessitated by the phasing of construction of the Subdivision as directed by the Town including the construction and maintenance of an emergency access, if required, to the satisfaction of the Director of Infrastructure Services.

10. The following warning clause regarding all the lots within the subdivision shall

hereby be registered on title to the lands:

"All persons intending to acquire an interest in the real property by purchase or lease on this development are advised of the presence of a Stormwater Management Facility which will be subject to stormwater flows and periodic flooding due to seasonal rainfall and snowmelt. Portions of these lands may be impacted by fast flowing water, ponding, insect and animal habitat and odours associated with their designed use.”

11. The Developer acknowledges and agrees that all Offers to Purchase and

Agreements of Purchase and Sale shall contain a clause clearly indicating that “all building roof downspouts within this subdivision shall discharge only to ground surface via splash pads to either side or rear yards, with no direct connection to the storm sewer or discharge directed to the driveway or roadway”.

12. The Developer acknowledges and agrees that all Offers to Purchase and

Agreements of Purchase and Sale shall contain a clause clearly indicating that “the Developer shall be responsible for installing paved driveway aprons from the curb to the sidewalk and in the absence of a sidewalk, from the curb to the property line”.

13. The Developer acknowledges and agrees that all Offers to Purchase and

Agreements of Purchase and Sale shall contain a clause clearly indicating that “public sidewalk construction at the Developer’s expense shall be in accordance with the terms of the Subdivision Agreement and the approved plans on file at the Town Hall”.

14. The Developer shall make arrangements satisfactory to the Town of Fort Erie,

Bell Canada, Enbridge Gas and other Public Utilities including Cable TV, for the provision of underground utility services, internal and external to this development.

15. All references to Lots and Blocks in this Agreement are to be the preliminary

Plan of Subdivision (Plan 59M) prepared by Matthews, Cameron, Heywood – Kerry T. Howe Surveying Ltd., stamped received by Community & Development Services on January 19, 2007.

SCHEDULE "F"

Financial Obligations and Cost of Construction (Includes 10% Engineering, 10% Contingency and 6% GST)

O N -S ITE PR IM A R Y SE R V IC E SR oadw orks to B ase C ourse Asph a lt $129 ,720 .00S an itary S ew er S ystem an d S erv ices $96 ,680 .00S torm S ew er an d S erv ices $134 ,870 .00S torm w ater M an agem en t Facility in c lud in g M ain t. Access $22 ,110 .00W ater D istr ibu tion S ystem $56,870 .00E lectr ica l D istr ibu tion an d S treetligh tin g S ystem $20,000 .00

____________$460 ,250 .00

15% of O n -S ite P rim ary Serv ices $69 ,040 .00 (1 )

O FF -S ITE & O N -S ITE SE C O N D A R Y SE R V IC E S40m m H L3 S urface C ourse Asph a lt $25 ,400 .00R em ove Asph a lt C urb & R ep lace w ith C C & G $5,890 .00C on crete S idew a lk $20 ,320 .00Asph a lt D rivew ay Apron s $16 ,670 .00G rad in g an d S odd in g o f B ou levards $11 ,220 .00Fen cin g , Lan dscap in g an d P lan tin gs o f S W M Facility $37 ,250 .00

____________$116 ,750 .00

120% of O n -S ite Secondary Serv ices $140 ,100 .00 (2 )

TO TA L C O N STR U C TIO N O F SE R V IC E S $577 ,000 .00 (3 )

SU B D IV ID E R 'S G R A D IN G D E PO SIT ($200 .00 per lot) $5 ,200 .00 (4 )

TR E E PLA N TIN G R E SE R V E (28 trees @ $375 .00 each ) $10 ,500 .00 (5 )(Supp lied and P lanted by the Tow n )

E N G IN E E R IN G , A D M IN ISTR A TIO N and IN SPE C T IO N FE E S $17 ,310 .00 (6 )[C a lcu lated at 3 .0% of (3 )]

5% C A SH IN L IE U O F PA R K LA N D D E D IC A TIO N $13 ,000 .00 (7 )

A R R E A R S A N D LO C A L IM PR O V E M E N T C H A R G E S $5 ,173 .96 (8 )(A s o f January 31 , 2007 )

STR E E T , TR A FFIC & IN FO R M A TIO N S IG N S (in sta lled by Tow n )

a ) 1 "stop s ign " @ $ 150 .00 each $150b ) 1 "street s ign " @ $ 200 .00 each $200c ) 2 S W M fac ility s ign @ $300 .00 each $600

TO TA L - STR E E T and TR A FF IC S IG N S $950 .00 (9 )

D E PO SIT FO R LE G A L E X PE N SE S $2 ,000 .00 (10 )

PR O C E SS IN G FE E - R E G ISTR A TIO N O F PLA N O F SU B D IV IS IO N $200 .00 (11 )

SU M M A R Y :

A . LE TTE R O F C R E D IT R E Q U IR E D

Tota l o f (1 ) + (2 ) + (4 ) $214 ,340 .00

B . C A SH PA YM E N T R E Q U IR E D

Tota l o f (5 ) + (6 ) + (7 ) + (8 ) + (9 ) + (10 ) + (11 ) $49 ,133 .96

APPENDIX "3" TO ADMINISTRATIVE REPORT CDS-009-07 FEBRUARY 5, 2007

SCHEDULE "I"

Special Provisions

1. The Developer shall construct, at his sole cost, the Stormwater Management (SWM) facility shown as Block 29 on the draft Plan of Subdivision (59M-Plan) as a Primary Service in accordance with the plans filed with and approved by the Town.

2. Prior to registration of this Agreement by the Town, the Developer shall file with

the Director of Community and Development Services, an Ontario Land Surveyor’s Certificate verifying all Lots as laid out on the proposed Plan of Subdivision meet or exceed the minimum Lot area and Lot frontage provisions of the Town Zoning By-Law.

3. The Developer acknowledges and agrees that all Offers to Purchase and

Agreements of Purchase and Sale negotiated prior to registration of the Plan of Subdivision shall contain a clause clearly indicating that “sanitary sewer servicing allocations for this subdivision will not be assigned by the Region until the Plan of Subdivision is granted final approval for registration”.

4. The Developer shall carry out or cause to be carried out all stormwater

management techniques and works including re-vegetating all disturbed areas and maintaining erosion and sediment control to the satisfaction of the Town of Fort Erie, the Regional Niagara Planning & Development Department, the Regional Niagara Public Works Department and the Niagara Peninsula Conservation Authority (NPCA) in accordance with the Ministry of Environment documents entitled “Stormwater Management Planning and Design Manual”, March 2003, and “Stormwater Quality Guidelines for New Development”, May 1991.

5. The Developer shall be responsible for testing, removal and disposal of

sediments within all catchbasins and the Stormwater Management Facility (including the oil-grit separator) as per the MOE Regulations or guidelines prior to assumption of Primary Services and Secondary Services by the Town. The Developer shall provide a Certificate of Analysis for the sediments prior to removal and disposal.

6. The Developer shall construct and install, at his sole cost, all plantings, fencing

and landscaping features within the SWM facility shown as Block 29 on the draft Plan of Subdivision in accordance with the approved plans prepared by a landscape architect to the satisfaction of the Town.

7. The Developer acknowledges and agrees to enter into an agreement with

Canadian Niagara Power Inc. (CNPI) with respect to the design and installation of electrical facilities and street lighting and to provide CNPI with a construction schedule and a complete set of drawings including the final plan of subdivision and the servicing plans showing all grading and drainage, all storm and sanitary sewers, all water lines and all road, curb and sidewalk construction including road cross sections.

8. Phasing of the Subdivision as approved by the Town shall be subject to the

following conditions:

(a) This agreement only applies to Phase 2 of the Bayridge Crossing Plan of Subdivision.

(b) All or any works included in Phase 3 shall not be

constructed until all Engineering Drawings, Reports and other Phase 3 requirements are reviewed and approved by the Director of Infrastructure Services. A new Subdivision Agreement for Phase 3 has to be approved by Town Council and registered on title prior to any works being carried out in Phase 3.

(c) The Inhibiting Order for the Phase 2 lands will remain in

place until all conveyances required are completed and the

APPENDIX "4" TO ADMINISTRATIVE REPORT CDS-009-05 FEBRUARY 5, 2007

Director of Infrastructure Services issues the Completion Certificate for Primary Services for Phase 2 lands.

9. The Developer shall carry out all and any additional temporary works necessitated by the phasing of construction of the Subdivision as directed by the Town including the construction and maintenance of an emergency access, if required, to the satisfaction of the Director of Infrastructure Services.

10. The following warning clause regarding all the lots within the subdivision shall

hereby be registered on title to the lands:

"All persons intending to acquire an interest in the real property by purchase or lease on this development are advised of the presence of a Stormwater Management Facility which will be subject to stormwater flows and periodic flooding due to seasonal rainfall and snowmelt. Portions of these lands may be impacted by fast flowing water, ponding, insect and animal habitat and odours associated with their designed use.”

11. The Developer acknowledges and agrees that all Offers to Purchase and

Agreements of Purchase and Sale shall contain a clause clearly indicating that “all building roof downspouts within this subdivision shall discharge only to ground surface via splash pads to either side or rear yards, with no direct connection to the storm sewer or discharge directed to the driveway or roadway”.

12. The Developer acknowledges and agrees that all Offers to Purchase and

Agreements of Purchase and Sale shall contain a clause clearly indicating that “the Developer shall be responsible for installing paved driveway aprons from the curb to the sidewalk and in the absence of a sidewalk, from the curb to the property line”.

13. The Developer acknowledges and agrees that all Offers to Purchase and

Agreements of Purchase and Sale shall contain a clause clearly indicating that “public sidewalk construction at the Developer’s expense shall be in accordance with the terms of the Subdivision Agreement and the approved plans on file at the Town Hall”.

14. The Developer shall make arrangements satisfactory to the Town of Fort Erie,

Bell Canada, Enbridge Gas and other Public Utilities including Cable TV, for the provision of underground utility services, internal and external to this development.

15. All references to Lots and Blocks in this Agreement are to be the preliminary

Plan of Subdivision (Plan 59M) prepared by Matthews, Cameron, Heywood – Kerry T. Howe Surveying Ltd., stamped received by Community & Development Services on January 19, 2007.

APPENDIX "4" TO ADMINISTRATIVE REPORT CDS-009-05 FEBRUARY 5, 2007