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Staff Report Planning and Development Services – Engineering

Report To: Committee of the Whole Meeting Date: February 23, 2021 Report Number: PDS.21.007 Subject: Assumption of Plateau East Subdivision Prepared by: Mason Bellamy, Development Engineer Reviewer

A. Recommendations

THAT Council receive Staff Report PDS.21.007, entitled “Assumption of Plateau East Subdivision”;

AND THAT Council enact a By-Law to approve full acceptance and assumption of the public works constructed and installed within Registered Plan of Subdivision 16M-51.

B. Overview

The subdivision agreement of September 22, 2016 between Skyline Blue Mountain Development Inc. and the Town, provided for assumption of the subdivision, upon satisfaction of terms of the Development Agreement.

Upon review by Town Development Engineering staff, and by consultation with other Town departments, the agreement terms have been satisfied.

C. Background

The Plateau East Subdivision started in the summer of 2016 under a Pre-servicing Agreement dated June 20th, 2016. It reached Preliminary Acceptance of Basic Services in November of 2016. The Final Certificate of Acceptance was issued on October 29th, 2020 when the one-year warranty period on road top course asphalt ended.

D. Analysis

In accordance with section 3.13 of the September 22, 2016 subdivision agreement, after issuing a Certificate of Final Acceptance (dated October 29th, 2020) for the public works in the subdivision, a written report shall be submitted to Town Council to confirm:

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the Public Works have been installed in accordance with the requirements in the subdivision agreement; and

that all accounts in connection there in have been paid; and that all financial requirements have been met or will be met on the passing of an

Assumption By-Law; and that Public Works are in the required condition to be assumed.

Once fulfilled, the Town is to pass an Assumption By-Law for the Public Works to transfer ownership and responsibility of maintenance and operation from the developer to the Town.

Development Engineering confirms:

the Certificate of Final Acceptance was issued October 29th, 2020, the Town has received all approvals and documentation required for the Town to take

over responsibility and operation of this infrastructure; and all requirements of sections 3.11 and 3.12 of the subdivision agreement are satisfied. All

lots within the development have been fully built out and have been granted full occupancy.

And that all works have been satisfactorily completed as set out on the attached Acceptance / Assumption checklist (Attachment 2).

It is appropriate that the Town assumes the following infrastructure as Municipal Works, in the following approximate quantities provided:

Approximately 557 metres (m) of watermain and appurtenances, including six (6) hydrants, one (1) auto flusher, and one water meter and chamber.

525 m of sanitary sewer, including ten (10) maintenance holes The Stormwater system is comprised of:

o Approximately 716 m of Low Impact Development Technology (LID) Bio Swale o Approximately 212 Enhanced Swales o 240m of Storm Sewer and nineteen (19) Associated structures.

535 m of rural road cross-section, including a cul-de-sac

The Municipal Works are located on lands illustrated in the figure included as Attachment 1. At the time the subdivision was registered, the lands were transferred to the Town and an easement was placed on title. The lands and easements are described below:

Crestview Court 20 m wide road right-of-way and cul-de-sac Block 40, which includes open space, and stormwater drainage Block 41, which Includes a future walkway, to be constructed as part of the Second

Nature Phase 3 Development, per Amending Agreement Dated January 28, 2021. (The trail will be completed as part of the adjacent Second Nature Phase 3 after heavy construction has completed and the area is no longer an active construction site, to prevent pedestrians from traveling into the active construction site, in an effort to promote community safety.)

6.0 m wide storm sewer easement, in favor of the Town, on Lots 3 and 4

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3m drainage easement, in favor of the Town on Lots 25 and 26 6m wide storm sewer easement over Lot 17 Concession 1, (formerly Township of

Collingwood) Town of the Blue Mountains, in favor of the Town

A draft by-law has been prepared to initiate the following and is provided as Attachment 3.

1. All of the public works constructed and installed in accordance with the subdivision agreement for Registered Plan 16M-51 are hereby accepted and assumed.

2. Crestview Court, Block 40 and Block 41 (as noted above), as shown on Registered Plan 16M-51, is hereby assumed for public use.

Therefore, in consideration of the above, Development Engineering staff recommend Council enact this by-law. E. Strategic Priorities

1. Communications and Engagement We will enhance communications and engagement between Town Staff, Town residents and stakeholders. 2. Organizational Excellence We will continually seek out ways to improve the internal organization of Town Staff and the management of Town assets. 3. Community We will protect and enhance the community feel and the character of the Town, while ensuring the responsible use of resources and restoration of nature. 4. Quality of Life We will foster a high quality of life for full-time and part-time residents of all ages and stages, while welcoming visitors.

F. Environmental Impacts

No adverse environmental impacts are anticipated with this report.

G. Financial Impact

A Road Guarantee Security, calculated as 6.5% of the 2016 constructed cost of the road works including curb, and equating to $19,245.50 will be retained until October 29th, 2025, a period of 5-years from the date of the Certificate Final of Acceptance, per the terms of the Development Agreement.

The Town has been providing winter maintenance in anticipation of this report, but upon assumption, will become responsible for all operation, maintenance and ultimate replacement costs associated with public works within Registered Plan 16M-51. Future Town budgets will make allowance for these costs.

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H. In consultation with

A draft of this report was circulated to the following department heads on October 20, 2020, and no concerns were brought to Development Engineering’s attention.

Shawn Carey, Director of Operations Ryan Gibbons, Director of Community Services Ruth Prince, Director of Finance and IT Services/Treasurer Steve Conn, Fire Chief Will Thompson, Director of Legal Services

In addition to consultation with the above noted departments we have informed residents that have made inquiries, as there is no official resident group, that the development would be moving forward to assumption in early 2021.

I. Public Engagement

This subdivision was Draft Plan Approved on August 16, 2007 and underwent a Public Meeting prior to this approval.

In accordance with the subdivision agreement, assumption of the Public Works within this subdivision is not subject to a public process, save and except this report to Council and enactment of the Assumption By-Law presented in Attachment 3. However, staff have provided updates to the residents as a courtesy to improve neighborhood awareness of the Town’s responsibility for the subdivision.

Comments regarding this report should be submitted to Brian Worsley, developmentengineering@thebluemountains.ca

J. Attached

1. Assumption Figure Plateau East Subdivision 2. Acceptance / Assumption Checklist 3. Draft By-Law Plateau East Subdivision

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Respectfully submitted,

__________________________ Mason Bellamy, C. Tech Development Engineering Reviewer

_____________________________ Brian Worsley, MSc, P.Eng., MICE, PMP Manager of Development Engineering

_______________________________ Nathan Westendorp, RPP, MCIP Director of Planning and Development Services

For more information, please contact: Brian Worsley developmentengineering@thebluemountains.ca 519-599-3131 extension 224

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PDS.21.007 Attachment 1

Subdivision Internal Checks - Final Acceptance / Assumption

Development Name: Plateau East M Plan:16M-51 Developer: Skyline Blue Mountain Development Inc. Date of Applicable Agreement(s):September 22, 2016 Development Engineering Reviewer: Mason Bellamy

Description Comments

Final Acceptance

Sweeping of asphalt road/pathways and concrete curb/gutters, as appliable October 2019

Sanitary and storm sewers/facilities flushed/cleaned, prior to CCTV April 9, 2019

Sanitary and storm sewers/facilities inspected with CCTV April 9, 2019

Engineering Consultant review of CCTV, with any deficiencies identified and remedial works recommended, to satisfaction of the Town

October 2020

CCTV reviewed by Town and satisfied October 2020

Stormwater management facilities clean out, if warranted April 9, 2019 Vac out of structures

Any special testing required for LIDs, etc, to verify adequate performance September 8, 2019

Sanitary and storm sewers/facilities deficiencies rectified None

Town Inspection for Final Acceptance October 1, 2019

Deficiency list compiled by the Engineering Consultant following the inspection with the Town, and sent to Town for acceptance

October 1, 2019

Confirmation all deficiency list items have been complete, with reinspection by Town where warranted

Oct 27, 2020

Certification from Consulting Engineer for all Works and Grading August 19, 2020

Maintenance Periods all expired October 29, 2020

Ontario Land Surveyor Certification confirming site reviewed and property bars found or replaced

August 19, 2020

Statutory declaration confirming all contractors and sub-contractors have been paid

August 19, 2020

N/A Confirmation from Finance Department if any funds owing with regards to street light account

N/A

N/A Confirmation from Finance Department if any funds owing with regards to any other accounts (snow plowing, emergency repairs, etc.)

Still Holding Securities

Streetlights checked at night and in good working order October 2020

N/A Other conditions/requirements for Final Acceptance per Development Agreement:

1. ________________________________________________________ 2. ________________________________________________________ 3. ________________________________________________________ 4. ________________________________________________________

None

Special Provisions of the Agreement all satisfied, if applicable None

For Record (saved on Corporate drive) Saved on Corporate Drive

PDS.21.007 Attachment 2

Assumption

Form 1 for water system received (C of A if older #:_______________) Form 1 April 11, 2016

Environmental Compliance Approvals (ECA) for all appliable systems received: Sanitary sewers: 9803-A6XM9W Storm sewers: 9803-A6XM9W SWM facilities: 9803-A6XM9W Other (Sewage pumping station, diesel generator, etc):_________________

☐ If any MECP approvals are in Developer’s name, Town requires an Authorization Letter from developer permitting the Town to transfer the approval into the Town’s name, once the development is assumed.

Will Follow Assumption

Operation & Maintenance Manual provided by Engineering Consultant for any stormwater management facilities, sewage pumping stations, etc, as applicable

August 19, 2020

Copies of MECP compliance/reporting documents, if required by ECA, for storm/sanitary systems while in the care of the developer (commencement of operation to Assumption).

None

N/A Structural Report provided by Engineering Consultant for bridges spanning > 3 m etc, as applicable

N/A

N/A Streetlight ESA certificate provided Developer Held Streetlight account

All documents for ownership, operation and maintenance of infrastructure by Town once Assumed saved on Corporate drive (\\FS\Corporate\SCANNED IMAGES\ASSUMPTIONS)

Saved on Corporate Drive

AutoCAD of infrastructure entered in Town GIS and reviewed by Development Engineering for completeness (and ready for exporting for Operations to assign benchmark costing and Finance to then use for Financial Statements).

Saved on Corporate Drive

Confirmation easements in favour of the Town exist on title(s) Instrument number(s):____________ Reference Plan #: _________ Instrument number(s):____________ Reference Plan #: _________ Instrument number(s):____________ Reference Plan #: _________ Instrument number(s):____________ Reference Plan #: _________

Saved on Corporate Drive

Road Guarantee calculation provided by the Consulting Engineer, if applicable per the Development Agreement

August 19, 2020

Staff report prepared for circulation to internal departments, COW, Council Saved on Corporate Drive

By-law drafted for Council to enact for Assumption Saved on Corporate Drive

Immediately Following Assumption

☐ Transfer any ECAs to Town name

☐ GIS to export subdivision infrastructure report from GIS and provide to Dev Eng

☐ Review of infrastructure report of subdivision by Dev Eng

☐ Dev Eng provide infrastructure report of subdivision to Operations for asset management/bench mark costing, such that it can be provided by Operations to Finance

The Corporation of the Town of The Blue Mountains

By-Law Number 2021 –_______

Being a By-law to accept and assume works in Plateau East Subdivision, Registered Plan 16M-51.

Whereas sections 11 and 31 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, enables the council of a municipality to pass by-laws to establish and assume highways for public use

And Whereas all of the public works in Registered Plan 16M-51, have been constructed and installed in accordance with the subdivision agreement for this Plan;

Now Therefore Council of The Corporation of the Town of The Blue Mountains hereby enacts as follows:

1. That the public works constructed and installed in accordance with thesubdivision agreements for Registered Plan 16M-51, are hereby accepted andassumed.

2. That Crestview Court as shown on Registered Plan 16M-51 is hereby assumed forpublic use.

3. That the Town assumes Dedicated Block 21, which includes open space,walkway, landscaping, and storm drainage, within Registered Plan 16M-51.

And Further that this By-law shall come into force and take effect upon the enactment thereof.

Enacted and passed this ___ day of ____, 2020

___________________________ Alar Soever, Mayor

__________________________ Corrina Giles, Clerk

PDS.21.007 Attachment 3