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Report To: Planning and Development Committee
Date of Meeting: June 16, 2025 Report Number: PDS-037-25
Authored By: Ben Courville, Utility and Infrastructure Coordinator
Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure
Reviewed By: Mary-Anne Dempster, CAO
By-law Number: Resolution Number:
File Number: 18T-95030
Report Subject: Averton Estates Phase 1, Plan 40M-2590 Assumption By-Law
Recommendations:
1.That Report PDS-037-25, and any related delegations or communication items, be
received;
2.That the Deputy CAO of Planning and Infrastructure Services be authorized to issue
a ‘Certificate of Acceptance’ for the Surface Works, which includes final stage roads
and other related works constructed within Plan 40M-2590;
3.That the draft By-law attached to Report PDS-037-25, as Attachment 2, be
approved; and
4.That all interested parties listed in Report PDS-037-25, and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-037-25
Report Overview
This report concerns Averton Estates Phase 1 which is located in Bowmanville or as shown
in Attachment 1. It requests Council’s permission to approve a by-law to assume certain
streets within Plan 40M-2590 as public highways.
1. Background
The Subdivision Agreement
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement
registered on October 18, 2016, with Averton Homes (Bowmanville) Inc. to develop
lands by plan of subdivision, located in Darlington and described as Plan 40M-2590
(Attachment 1). The agreement required the developer to construct all roadworks,
including hot-mix paving, street trees, a storm drainage system, and streetlights. These
works were completed and accepted by the Deputy CAO of Planning and Infrastructure
Services through provisions in the Subdivision Agreement.
The Subdivision Agreement provides for:
1.2 The subdivision agreement provides for certificates to be issued for various components
of work completed and accepted. The certificates include, base works, lighting, storm
water maintenance systems, and surface works. The following certificates have been
issued below.
1.3 Base Works
These works were issued a ‘Certificate of Completion’ and a subsequent ‘Certificate of
Acceptance was issued once the works were completed and the maintenance period
ended to the satisfaction of the Deputy CAO of Planning and Infrastructure Services.
1.4 Street Lighting System
These works were issued a ‘Certificate of Completion’ and subsequent ‘Certificate of
Acceptance’ by the Deputy CAO of Planning and Infrastructure Services.
1.5 Surface Works
These works, which include all surface works such as curb and gutter, sidewalk, hot mix
paving, boulevard works, were issued a ‘Certificate of Completion’ dated May 1st, 2022
to start the maintenance period. The one (1) year maintenance period, has since ended
and the works were re-inspected, and all deficiencies have now been rectified to the
satisfaction of the Deputy CAO of Planning and Infrastructure Services
Municipality of Clarington Page 3
Report PDS-037-25
2. Proposal
2.1 A by-law is required to permit the Municipality to assume certain streets within Plan
40M-2590 as public highways. The proposed by-law may be found as Attachment 2 to
this report.
3. Financial Considerations
3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure
assets. Once the assets are assumed by the Municipality, the repair, maintenance, and
replacement are the responsibility of the Municipality of Clarington.
3.2 The operational costs, including winter control, will be included in the Municipality’s
operating budget.
4. Concurrence
4.1 Not Applicable.
5. Conclusion
5.1 It is respectfully recommended that Council pass the by-law found as Attachment 2 to
this report. Following its passage, the Legislative Services, Legal Division will register it
in the Land Registry Office.
Staff Contact: Tony Ricciardi, Manager, Construction and Inspections 905-623-3379 ext, 2322
or tricciardi@clarington.net
Attachments:
Attachment 1 – Key Map
Attachment 2 – Draft By-law
Interested Parties:
The following interested parties will be notified of Council's decision:
Averton Homes (Bowmanville) Inc.
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Drawn By:
Date:
A.T.
November 18, 2024
REPORT PDS
ATTACHEMENT No. 1
File Name:
40M-2590.aprx
Attachment 2 to
PDS-037-25
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2025-XXX
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.
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That the blocks shown on Plan 40M-2590, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, is hereb y
established, laid out, and dedicated by The Corporation of the Municipality of
Clarington as public highway:
Block 136, Block 137, Block 138 and Block 139
2. That the streets and blocks shown on Plan 40M-2590, 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:
Block 136, Block 137, Block 138, Block 139;
Lyle Drive;
Elephant Hill Drive.
Passed in open Council this XX day of MMM, YYYY.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk