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HomeMy WebLinkAboutPD-137-96;, ,~ 7HE CQAPC?RATION OF THE MUNlCIPAUTY OF CLARINC3TON ON: RCK@FPKflIPA REPORT ~; General Purpose and Administration Committee #~.~r~1a.\~ 1- `~0°`~3 Date: Monday, October 7, 1996 Res.. .~' R®pat #~; PD-13796 ale ~: DEV 1 BT-90043 Sy~aw ~~... Sut~Ct: APPUC~J-TiE~N~?OR DRAFT PIAN.OFSUBDIVISION-FtOKEI~ Ist#!'~1(D~YEWPiAEN'C, PART LO7 t4, CONC. 2, FORMER TOWN OF BOW1~i{At+EYIIU: ,~t')G S7;) FItE: 1~T-ii0043 Recommendations: It is respectfully recommended that the. Ger-eral Purpose and gyration Commit~Be recommend to Council the following: 1. THAT Report PD-137-96 be received; 2. THAT t#~e proposed PIS of ~bdiwision t8T-90043 as revised arte~ dareel,Apri12, , 1996, as:per att~hrr-errt No. 1 be APPROVED subject ~ the contained in this report; 3. THAT the Mayor and Clerk be authorized,. by by-law, to exec~e a Subdivision Agreement between the Owner and the Muniapality of Clarington. at such Mme as the agreement: has been finalized to the satisfaction of the Director of tt~ Public Works attd Director of Planning & Development; ,` 4. THAT a oapy,of this Report and Counal`s decision be forvvarded_.to tine Region of Durham-Planning Department; and 5. THAT a~ ingested porkies listed in this report ~d any dekegation be aced of Council's decision. i. APPtJCAT1ON QETAILS 1.1 Applicant: Roker Park Devekspments Ltd. 1.2 Agent; Headgate Investmerrts Limited i.3 SubdH-ision proposing to develop 4 single. family dwelling lots and 16 s~ni-detached/~Mc lots (32 unite} fcrr~d~~dng k~s. ~~~ ~_ _ n y - ~~ R7K"^n~ ~`,~'^ rn i°i ^av PAGE 2 a..ai.. 1.3 Land Area: 3.69 ha (9.1 t acres) 2. LOCATION 2.4 The subject property is located on the south west. side of Scugog Street in BowmanviUe, between the Durham Christian Secondary School and the Knox Christians Elementary School. The lands are further described as being in Part of Lot 14, Concession 2, former Town of Bowmanville. 3. BACKQROUND 3.1 The subject application for proposed. draft Plan of Subdivision was originally forwarded to the Municipality for comment in November of 1990.. At that time the applicant was proposing to develop 53 townhouse lots on the property. Although this did hot comply vrith the "Rt" zoning of the property, an application for rezoning was not filed. Since that time a number of revisions have been made to try to accxmmodate the comments and concerns of the various agencies and comply with the zone provisions. The applicant is now proposing a total of 36 lots, 4 single family dwelling lots and 16semi-detached lin!< lots (32 units). The application as red-line xevised would maintain the 36 lot total, increase the semi- detached link to 17 (34 units) and decrease the singles to two. 3.2 The application was filed in 1990. At that time the Planning Act did not require Public Meetings for subdivision applications. In order to provide area residents information on the application, the Municipality required the applicant to post notice on the properly of the proposed Plan of Subdivision. Alimited number of enquiries were received over the years. 4. EXISTING AND SURROUNDING USES 41 The existing site. is currently vacant 65t .,,, °4PORT NO PQ 137 96 PAGE 3 4.2 Surrounding land uses are as follows: South: Durham Christian Secondary School .and `existing residential. East: Scugog Street and vacant lands subject to :draft approved. plans of subdivision. North: Knox Christian Elementary School and existing resider#ial. West: The Bowmanville Creek and Regional Road No. 5Z. i3. OFFICIAL PLAN POLICIES 6.1 Within the Dufiam Regional Official Plan the subject property is designated Living. Area and Major Open Space with indications of Environmentally Sensitive Areas. The Major Open Space and Environmentally Sensitive Areas designation applies to the 13owmanvilte Creek valley lands. The applicant has left the valley land slang with a 10 metre buffer from top of bank in a block which is#o be dedicated to a Public Authority. The predominant use within the Lung Areadesignation is resideniial. The application would appear to conform. 62 Within the Clarington Official Plan the subject property 1s designated °Urban Residential° and "Environmental Protection Area" within the Knox neighbourhood. Furiherrnore, ft is identified as exhibiting Hazard Land characteristics as ii relates to the Bowmanville Valley creek. The predominant use of land within the Urban Residential designation shall be for housing purposes. Predominant housing form within this designation is for Single Detached, Semi-Detached/Link and Duplex units. Development is permitted in conformity with the Law Density provisions (maximum 30 units per net ha.} and the targets of 1900 units or 5400 people: in the.. neighbourhood. 6.4 The Environmental Protection Areas designation recognizes the most significant comporlerrts of the Municipality's natural environment,. and the policies attempt to preserve and .protect these areas from human activity. No development is ~~~ ~q ~ T NO PD 137 96 PAGE. 4 permitted within this designation and development setbacks adjacent to water courses -shall. be similarly designated. The Hazard Land characteristic relates specifically o the Bowmanville Creek valley. The applicant has identified a block of land, including a 10 ma3re setback from top-of-bank, which corresponds to the Bowmanville Creek valley. No development will take place within these open .space block. The application appears to be in conformity with the Pfau. 7. ZONING 7.1 The eurtertt zoning on the subject property is "Holding -Urban Residential Type One ((H)R1)", "Urban Residential Type One (R1)" and "Environmental Protection (EP)". Sectfon28.3 (fl of the Zoning By-law, Interpretation, suggeststhathelimits of the EP zone are intended to represent the floodline of the watercourse, as the applicant is proposing a 10 metre buffer from the top-of-bank, it would appear that the proposed rear lot trine can be interpreted to represent:the EP Nmits. The Rt zone permits both 15.0 metre minimum frontage single family dwelling units well as semi-detached/link units on a minimum 18.0 metre frontage lot. The application as redline revised complies subject to an application for the removal of the Hotdirrg (H) symbol. on part of the lands. 8. AGENCY COMMENTS 8.1 In accordance with departmenta! procedure the subject application was circulated to a number of agencies and departments for comment. The Separate School Board, the Public School .Board and Clarington Hydro advised that they have no objection tothe application being draft approved. 8.2 The Parks Division of the Public Works Department requested that The Bowrnanville Creek valley lands, along with the 10 metre buffer be accepted gn~tuitously as Open. Space, said Block shall be dedicated to the. Municipality in a condition acceptable to the Director of Public Works.. In addition, the land 653 °~°^°T "^ PD 137 86 PAGE 5 ncrvr~~ nv dedication requirement be accepted as cash-in-lieu on the basis of 1 ha per 300 dwelling units. 8.3 The Engineering Division of the Public Works Department. have advised that aithough they. have no objection to the application receiving draft approval, the application can not proceed until the Municipality has approved the expenditure of funds for. the reconstruction of Scugog Street including the provision of streetlights and sidewalks. 8.4 In additior-, various comments and conditions with respect to the design of the proposal and the stormwater management component were provided. Works staff have advised that the applicant will be required to endeavour to obtain an additional widening adjacent to lot 12. Lot 12 is to remain on hold until. the applicant has secured the additional sands. Similarly a sight triangle is required to be acquired at the intersection of Scugog Street and the proposed road. 8.5 As a result of the amount of future development block that is being retained by the owner, Works Department has requested a lot layout for ali 'future development' blocks so that servicing scheme for the entire-street can be established. Such a scheme is to be approved by both the Director's of Planning. .and Public Works prior to final approval of this plan. The entire frontage of the proposed road allowance must be fully serviced by the owner for alt proposed and future lots. 8.6 Concern was expressed with the proposed kinked property boundan/ lines between lots 8 and 9 as this necessitates kinked entrances. Entrances pf this type snake ingress and egress difficult and have an decreased factor of safety. Staff have redline revised the plan to address thi issue. Sirniiarly lots 13 to 20 have been revised to address Public Works concern regarding entrance to tot t3. ~~~ ___ __l REPORT NO PD-137.96 PAGE 6 8.7 The sut~lvision is located in asub-watershed of the Northwest Bowmanville Area of the 13owmanviile Creek. The stormwater management works for this tributary have been constructed by a developer who has entered into a development agreement with the Municipality for the development of upstream lands and for the design and construction of oversized Stormwater Management Works. 8.8 As a conditionof the development agreement, the developer and the Municipality agreed to enter into a Front Ending Agreement for the repayment of the oversized works. The subject plan of subdivision is a beneficiary of the: oversized works and the applicant will be required to reimburse the front ending developer for a portion of the oversized works, at such time the Front Ending Agreement is prepared ahd executed.. At the present time, the Front Ending Agreement has not been exeaated, and therefore the costs associated to this plan of subdivision. have not bean determined. A number of conditions of approval have been included with respect to the requirements of the Stormwater Management Works. 8.9 The Fire Department advised that site falls within the response area of Station No. 1, subject to .proper access routes and adequate water for fire fighting, they have no objection io Draft Approval being granted. 8.t0 Central ake Ontario Conservation Authority advised that the western portion of the site inctudesthe forested valley of the Bowmanville Creak. This section of the Bowmanville .Greek valley exhibits the highest level of sensitivity. With the exception of Lot 4 and Block 3, the proposed 10 metre buffer satisfies the Authority with respect to development buffer setback from the adjacent ESA. The developer is required to address the long term viability of these tots pfior to final approval, The Authority is satisfied with the consultants work regarding groundwater function as it relates to filling of the two large ponds located on-site: 655 SORT NO PD-137-96 PAGE 7 8.11 Stormwater management .requirements for the site are prescribed by the .Northwest Bowmanville Water Management Strategy (1995).. The minor stormwater runoff necessitates the extension of sewers along Scugog Street and construction of a centralized water quality treatment pond, north of Longworth Avenue `and. west of Scugog Street. Overland flow could also .follow the reconstructed Scugog Street, or discharge directly to the tributary valley. Erosion . impacts on the valley walls are required if the latter option is chosen. Conservation Authority staff have no objection to draft approval subject to conditions being imposed relating to: conveyance of stormwater water quality issues; erosion and sedimentation; and dedication of the valley lands and buffer to a public agency. 8.1:2 Furthermore, reviewing the application from a water quality perspective Authority Staff have no objection to the proposal subject to implementation of stormwater management facilities identified in the Master Drainage Plan for the Bowmanville Creek. 8.13 Regiona! Works has advised that the lands are within the zone 2 water distribution system and that service is available forma 300 mm watermain on Old Scugog Rd. Sanitary Sewer is dependant on sequential extension of sanitary sewers on Old. Scugog from the more southerly part of Mill Lane. This will require the development of draft approved Plans of Subdivision 18T-87086; 18T-87085 and 18T-87089.. The Regional Works Department has no objection subject to conditions. 8.14 Bell Canada has advised they have no objection subject tosatisfactory conditions regarding servicing and passible easements. 656 ,~ ., _ REPORT MO PD 137 9B PAGE 8 8. STAFF GOAAMENTS 9.1 The appl}cat}on is proposing 4 single family dwelling tots and 16semi-detached linked. lots (32 units). The subject site is 3.69 ha in area, with 41 metres of frontage, located on the south-west side of Scugog Street. The ands sit between the ©ufiam Christian Secondary School and Knox Christian School The plan as red-line.revised reduces the number of singles to two, while maintaining the total 36 :units for the site. 9.2 Although most of the large land parcels irr north-west Bowmanvilie are sti}l vacant today, they are subject to draft approved Plans of Subdivision. As a result the subject application is viewed as an infill situation. With the recent extension of services along Middle Road and the surrounding draft approved Plans of Subdivision, the application is considered sequential. i3:3 The subdivision is designed as a P-loop, having one access to Scugog'Street. The awkward shape of the land parcel allows opportunity for future residential development with adjacent lands, including both school properties. The Public Works Repartment has identified concern with respect to driveway access to th® proposed street at lot 9, 12 and 19. Staff have initiated red-line revisions to the. proposed plan of subdivision, which the applicant is agreeab}e with to address these concerns. Furthermore, conditions of approval have been included dealing with house siting on these lots. 9.4 The development of the site is maintaining an appropriate setback from the top-of- bank (10 metres), and is not proposing to impact the Bowmanviife Creek valley. 9.5 This: application is a relatively small component of a planned neighbourhood with a population of 5400 people. The neighbourhood. as a who~e.:provides 6~~ -~.;~ya ,~ -mss, . REPORT. NO. PD-137-96 PAGE 9 opportunity for a variety of housing forms and style that may be considered affordable in the context of the Provincial Policy Statement. 10. GONGLUSION 10.1 In consideration of the favourable comments received from. the various agencies and departments and the staff comments contained in the above report, staff would have no objection to supporting the subject proposed plan of subdivision application, subject. to the conditions of approval contained in the attachments. Respectfully submitted, r ~-~-~-r-~~ t=r~kiin Wu, MC.I,P., R.P.P., Dlreptar• of Planning ana D®rretopment CF'*FW*cc Attachment # 1 - Attachment # 2 Attachment # 3 - September 30, 1996 Reviewed by, ~~~~~~ W. H. Stockwell Chief Administrative Officer Proposed Plan of Subdivision Red-line Plan of Subdivision Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: James Chow Andy Anderson 104 Concession Stree# West Headgate Group BOWMANVILLE, Ontario L1C 1Y9 85 Carlew Dr., Don Mills, Ontario M3A 2P2 Dirk Brinkman 374 Scugog Street R.R. ~ i BOWMANViLLE, Ontario L1O 3K2 6~J~ ATTACHMENT NO. 1 ~ .+ ~1- ~R ~~Eg~ ¢ ~ns ~3s b .F ~m~ E ~ etp•i~`s ~~ •~~~ J.d°' Y' ~ g g !: I i E y$a p~$s~r ~ y g ~ ~ 3 t ¢ P~; T'~~I I E ~:~ { ~ 3;~r ~ ~q i Iacty~~ io ~ r p c 1: ~s ... .. ... ~ 719v ii ~_ 2CA fY Y i ~~ E FS~ ~ •c _aif0 ' a.ov smnx va ~~~ r I 9 E ~i $ ~ ~ 8° _ x e. _.._ ___ ai e °~ ! i ~ ~ i .. E v ~,' i ~ pi _ ~ - i I S `, ...~ .. 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That thls approval applies to draft Ptan of Subdivision 18T-9D043 prepared by Dowels & Dowels Ltd. dated Aprii 2, 1996, as further red-line revised.,. showing Lis 1 and 41; 2 tots for single family detached dwellings, Lots 2 to 70 and 12 to 19 (17 lots, 34 units} for semi-detached or linked dwellings, Blocks 5 and 6 for Open Space, Blocks 4 to 4 for future development, Block 7 for road widening and various Blacks for 0:3 m reserve. F~[~L PLAN REQUIREMENTS 2. That alt streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. ~. That aN streets shall be named to the satisfaction of the Municipality of Clarington 2ind shown on the final plan. lR ifll N~ Tfl B£ SATISFIED PRIOR T_p SUBDIVISION A{;iREEM£Nr 4. Than the tJv+a'-et shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval The Landscaping Plan shat) meet the design criteria of the Municipality as amended from time to lime. 5. That the Owner shall retain a professional engineer to prepare and subrnR a Master Drainage. and Lot Grading Pian to the Director of Pubiic Works for review antl approval. NI plans and drawings must conform to the Municipality's Deign Criteria as arrtended from time to time. ..2 661 ,._ ~, - - = _v °: . ~.. n- CQ~+~Qf['lGilyS OF kPPROYgL flF FIt4kL PLAN f~S~L~`3T1~i0. fll~l ~~ ~N„At~ ~Q BIE SA'TISFII=D PRWR Tfl SUBDIVIStAf~I,Afl#tiEEliill"T tflQN'f't31 6.- That the Owrtgr shall retain a qualifted consultant to prepare-and submit a Tree Preserv~lon plan to .the Director of planning and:. Development for review arid. ,approval::.. 7. The Wt configuration for all "future development" lands must be est~abltshed so that the servicting scheme for the entire street can be established. The "ftrtur~ oonfigura~ort must be established and approved by the Planning Departmen# and the Public Works Departrrrent prior to final approval of this draft plan. }~Efltl1RB ,~I~'S TO.@~.t~LUDED IN SKfBDIVISIUN k~E1~lEt+FT 8. Thai the t}wner shall enter into a Subdivision Agreement with tkte Mt~cipa#ity d agree to abide by all terms and conditions of the Municipality's st~ndard:subdivisfon agreement, including, but not limited to, the requirements that fcHow. 9. That all easements, road wdenings, and reserves as required bythe Municipality shale be grarsed to ttte Municipality free and clear of aH encxlmbrane: 1t3. That the Qwner shalt pay to the Municipality at the time. of execution of the subdivision agreem8~t, cash-ln-li®u of parkland dedication for the r~ldefrtial de~reltaa-~tent In accordance with the policies of the Official Plan. 11. That the t)wner shall be responsible for the dedication of Blacks 5 and 6 for .open mace purposes.. Furthermore, the applicant will be 1.00% respQn&ible for the costs of any imptovements deemed necessary by the. Director:ot Pubalio Worka;prior ~+ihe transfer of these lands. ..,3 662 ,~ 3 CO~IdtTFONS OF APPROVAL OF FINAL PLAN RI:GiSTRATION iU1RE(iRENf31, ate, ~._i~L, UDE.D IN S~JBj~IVISION ACiR ( ©ir17"~1 t2. That the Uwner shall pay to the Municipality, the development charge Irt accordance to the Development Charge By-lawns amended fromtime to time, as weN as payment of a;portion of front end charges pursuant to the Development Charge if any: are required tv be paid by the owner. t& That. the Owner ahall prcvide and install. sidewalks, street fights, fempcxary turning .circles etc. as per the Municipality's standards and criteria 14. That ltre:Owner shall cause all,utilities, including, hydro, telephone, Cable TV, etc.;to be buried underground. f5. That th9 Owner shall provide the Municipality, at the time of execution of°the subdivision agreement uncondiifonai and irrevocable, Letters of Gredif acceptable to .the Munidpaliry's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Muntapaliry. t6. That the Owner shall adhere to architectural control requirements of the Municapaliry; 17. That pnorta the Issuance of building permits, access routes to the subdivision must- be provided to :meet Subsection 3.2.5.2(6) of the Ontario Buitd[ng Code and,. that all watermains :arid hydrants are fully serviced and the Owner. agrees tfiat doming construction, fire access routes be maintained according to Subsection 2.5,1.2 of the Unta-5v Fue Gode, storage of combustible. waste be maintained as per: Subsection 2.4..t s~ndopen burning as per Subsection 2.6.3.4 of'the Ontario Fue:Code. ..4 663 ~': '¢' Ct,'~NDITIONS OF APPROVAt_ OF FINAL PL~t:iEQIS7R~ON` $~,E'~Qj~E INICLUDED t SUBDIVISION AG#iEEMENT ~r~~ t& The Owner 'agrees that where the well or private. water supply of any person :is interfered with as a .result of construction. or the development of the sutulivision, the Owner shah: at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system'sa that water supp#ted to the affected party shall be of quality and quantity at least equal.to the quality and Guartttty cf-water enjoyed by the affected party prior to the intsrf~nce. 19. That the applicant supply on disk, in a CAD format acceptable to the Municipality: a copy of tlae proposed Plan of Subdivision as Draft Approved. 20. The applicant must endeavour to obtain an additional road widening adjacent to Lot 12. Lot i2 will .remain on hold until the applicant has secured the necessary rands, 2i. 8ight triangles are required at the intersection of Scugog Street and the rtevv road allowances, .The required sight triangles must be dedicated as a Block orrfutur® draft plans. 22. The developer will be required. to complete all surface works on the erftire streetseape in conjunction with the construction of the dwellings on Lots 1 - 2d. This includes those portions of the street which are fronted by "Future Res+dentia!" ~llocks. The- . required surface works within the streatscape shall include but not be limit+~d to curbs;, sidewalks, trees, boulevard trees and sodding. 23. The entire frontage of the proposed road allowance must be fully serviced with water, san'~ary sewer, storm sewer, hydro, terephone and cable television for. any future lots which may front onto the proposed road allowance. .,.5 664 .. , _, ~. .; { > k ~° ,5, CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION IREMENTS Tt> BE INGUJDED IN St~BDIVISION AGREEMENT (~ONT'Dy 24. The developer will be responsible for 100°k of the cost of ongoing. maintenance on all Blocks designated for "future residential" development. ~` 25. The future entrance to Lot 1 on the new residential street must be situated as far as; possible from the intersection with Scugog Street. 26. The overall configuration of Lots 4 to 9 should be revised to reduce or eliminate the "kinked" property boundaries on Lots 8 and 9. The Public Works Department will retain the right to require an increased front yard setback on Lots B and 3 for the purpose of providing a functional entrance and driveway which conforms to Muniapaf Design. Criteria. 27. .The configuration of Lots 13 to 30 must be revised so that all lots have anorth/south configure#ion. 213. The entrances to Lot T3 must not conflict with the internal .intersection. 23. That final .approval of this plan of subdivision be defen'ed until such time that. the necessary/ Front Ending Agreements for the reimbursement of oversized services are executed-between the Municipality and the front end developer, and the-agreemer-ts are registered against title to these lands. 30. That the deveioperis required, as a condition of the developmentagreement, to make the Front End payments to the Municipality for the amount stated in the Front End. Agreements entered into between the Municipality and the downstream developer... ...6 6~~ i 4 : t '6' CONDITIONS OF APPROVAL OF FINAL PLAN: REGISTF~ATION $~flU1REMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT°D] 31, The development agreement will provide appropriate clauses detailing the front end- payment, timing, amount in accordance with the provisions of the Development Charges legislation, and to the satisfaction of the Municipality's solicitor and the Director:of Public Works. 32. The storm. water drainage works and facilities necessary for this development must be constructed in accordance with the Northwest Bowmanvilie Master Drainage Study,. dated January 1996, prepared by G. M. Sernas and Associates and. as finally approved by the Director of Public Works. 33. The developer will be responsible for f 00°~ of any costs or works contemplated in the Northwest Bowmanville Master Drainage Study that are applicable to the development of this plan of subdivision. 34. The applicant must provide the Public Works Department with a Stormwater Management Implementation Report which provides for the sequential constxuotion of the stormwater management works necessary for this watershed and addresses .which downstream works must be constructed prior to developing this plan of subdivision. This report shall conform to all provisions of the Northwest Bowmanville Master Drainage Study and be subject to the approval of the Director of Public Works. 35. The Northwest 6owmanville Master Drainage Study must be approved by the Director of Public Works prior to the development of this plan of subd+vision. ...7 b6b ,s .- -7- CONDITIONS OF APPROVAL OF FINAL PLAN )~tEG#STRA'1'ION R€~)~,(ji,~[~ENTS TO BE INCLUDED IN SUBDIVISION AGREE[NENT (CONT'D) 36. The applicant's engineer will be required to prepare a Site Grading and Drainage Plan. thai details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow {major system) #rom this subdivision. The applicarrE will be responsible to provide the Municipality with any easements necessary to establish: an overland. flaw route to an approved outfall location. 37. This development cannot proceed until such time that the Municipality has approved the expenditure of funds for the provision of the reconstruction of Scugog Street including the installation of street lighting and sidewalks on Scugog Street and. any external works or services which have been included in the Municipality's Development Charge Bylaw and have been deemed necessary by the Director of Public Works to service this development. 38. That the Owner satisfy all the conditions financial or otherwise of the external agencties as listed below: a) the Central lake Ontario Conservation Authority; b) the .Ministry of Natural Resources; c) the Ministry of Citizenship, Culture and Recreation; d) Befl Canada; and i) the Region of Durham Works Department ~3'~ ~~