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Home My WebLink AboutEGD-003-19Clarftwn Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 4, 2019 Report Number: EGD -003-19 Resolution: #GG -144-19 File Number: D.03.32.004 By-law Number: 2019-016 Report Subject: Mallory Heights Subdivision Phase 1A, Courtice, Plan 40M-2528 (Part of) 'Certificate of Acceptance' and 'Assumption By -Law', Final Works Including Roads and Other Related Works Recommendations: That Report EGD -003-19 be received; 2. That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2528 (part of); 3. That Council approve the by-law attached to Report EGD -003-19 assuming certain streets within Plan 40M-2528, and adjacent Plans 10M-826 and 40R-18661 as public highways; and 4. That all interested parties listed in Report EGD -003-19 be advised of Council's decision. Municipality of Clarington Report EGD -003-19 Report Overview Page 2 This report concerns Mallory Heights Subdivision Phase 1A. It requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume certain streets within Plan 40M-2528 and adjacent Plans 10M- 826, and 40R-18661 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered October 23, 2014 with William Tonno Construction Limited and 1494339 Ontario Limited, to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-2528 (Attachment 1). The agreement required the developer to construct all roadworks, including hot -mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. 1.2 The Subdivision Agreement provides for: Initial Works 1.2.1 These works were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. Street Lighting System 1.2.2 These works were issued a `Certificate of Completion' and subsequent `Certificate of Acceptance' by the Director of Engineering Services. Stormwater Management System 1.2.3 These works were issued a `Certificate of Completion' dated June 1, 2017. A final acceptance inspection will be completed at the end of the maintenance period. Final Works 1.2.4 These works, which include all surface works such as curb and gutter, sidewalk, hot mix paving, boulevard works and street trees, were issued a `Certificate of Completion' dated June 1, 2017. This initiated a one (1) year maintenance period, which expired on June 1, 2018. The Works were re -inspected at that time, and although the developer experienced delays in completing repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. Municipality of Clarington Resort EGD -003-19 2. Proposal Page 3 2.1 It is now appropriate to issue a `Certificate of Acceptance' for the Final works. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. 2.2 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plan 40M-2528, and adjacent Plans 10M-826, and 40R-18661 as public highways (Attachment 2). 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2528 (part of), and that Council approve the by-law attached to Report EGD -003-19 assuming certain streets within Plan 40M-2528, and adjacent Plans 10M-826 and 40R-18661 as public highways. 5. Strategic Plan Application Not applicable. Submitted by. Reviewed by: f Anthony Cannella, Andrew C. Allison, B. Comm, LL.B Director of Engineering Services CAO Staff Contact: Tony Ricciardi, Manager of Construction, 905-623-3379, Ext. 2322 or tricciardi@clarington.net ASC/tr/mb/kb Attachments: Attachment 1 - Key Map Attachment 2 - By-law to Report EGD -003-19 The following is a list of the interested parties to be notified of Council's decision: Michael Foley, 1494339 Ontario Ltd. Municipality of Clarington Attachment 2 to Report EGD -003-19 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2019 - Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them. The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the block shown on Plan 40M-2528, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by The Corporation of the Municipality of Clarington as public highway: Block 76 (0.3 metre reserve) 2. THAT the block shown on Plan 10M-826, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: Block 228 (0.3 metre reserve) 3. THAT the streets and blocks shown on Plans 40M-2528 and 10M-826, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Plan 40M-2528: Block 76 (0.3 metre reserve) Page Place Vetzal Court Niddery Street Daiseyfield Avenue Adelaide Avenue Attachment 2 to Municipality of Clarington Report EGD -003-19 Plan 1OM-826 Block 228 (0.3metre reserve) 4. THAT the following lands are hereby established as public highway, assumed by the Corporation for public use, and assigned the names set out below: Land Established as Public Highway Part of lot 31, Concession 3, Designated as Parts 1 and 6 on Plan 40R-18661 Part of lot 32, Concession 3, Designated as Blocks 225, 226 and 227 on Plan 1OM-826 BY-LAW passed in open session this t" day of Name Daiseyfield Avenue Niddery Street Adrian Foster, Mayor KITIN C. Anne Greentree, Municipal Clerk