LYM Developments LP v. Toronto (City), 2021 CanLII 72215

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 4, 2021

CASE NO(S).: PL160704

The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.[M1]

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: LYM Developments LP

Subject: Application amend Zoning By-law No. 7625 - Refusal of Application by City of Toronto

Purpose: To permit infill townhouses including 260 3-4 storey stacked townhouse units. The density will increase from 1.57x to 2.47x.

Property Address/Description: 740 and 750 York Mills Road & 17 Farmstead Road

Municipality: City of Toronto

Municipality File No.: 13 198702 NNY 25 OZ

OMB Case No.: PL160704

OMB File No.: PL160704

OMB Case Name: LYM Developments LP v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Applicant and Appellant: LYM Developments LP

Subject: Application for a site plan – Failure of the City of Toronto to make a decision

Purpose: To permit infill townhouses including 260 3-4 storey stacked townhouse units. The density will increase from 1.57x to 2.47x.

Property Address/Description: 740 and 750 York Mills Road & 17 Farmstead Road

Municipality: City of Toronto

Municipality File No.: 16 269750 NNY 25 SA

OMB Case No.: PL160704

OMB File No.: MM170029

BEFORE:

M.A. SILLS VICE-CHAIR

Wednesday, the 4th day of August, 2021

THIS MATTER having come on for a hearing before the Tribunal on August 29, 2019, and the Tribunal having issued an Interim Order on October 4, 2019;

AND THE TRIBUNAL having now received confirmation from the Parties that the Conditions of Site Plan Approval as set out in Schedule 1 have been agreed upon;

THE TRIBUNAL ORDERS that the Conditions of Site Plan Approval attached hereto as Schedule 1 are in full force and effect. The Final Order is withheld pending confirmation by the Parties that the said conditions of Site Plan approval have been fulfilled.

“Becky Fong”

BECKY FONG REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.

PL160704 - Conditions of Site Plan Approval (16 269750 NNY 25 SA)

740 & 750 York Mills Road & 17 Farmstead Road

A. PRE-APPROVAL CONDITIONS

LEGAL SERVICES – Stephanie Morrow (416) 397-5379

1. Enter into the City’s standard site plan agreement to and including registration of the site plan agreement on title to the subject lands by the City at the owner’s expense.

CITY PLANNING – Stephen Gardiner (416) 392-5460

2. The Owner shall submit to the Chief Financial Officer and Treasurer as a deposit a letter of credit or certified cheque in the amount of $1,969,500.00, for landscaping, including (but not limited to) any planting, fencing, decorative paving, retaining walls, terraces, and/or other landscape features.

The letter of credit shall be in a form satisfactory to the Treasurer in accordance with its standard format for letters of credit (see Attachment 2) as of the date of submission of the letter of credit to the City, and which shall provide for automatic renewal rights at the end of term, to complete all outstanding work required by these conditions. The deposit shall be returned to the owner at such time as the Director, Community Planning, North York District is satisfied that the property has been developed in accordance with the approved drawings and the conditions of approval.

3. Prior to the issuance of the first Above-Grade Building Permit, the Owner shall convey a non-exclusive easement to the City over the entirety of the POPS (the “POPS Easement”) the form of which will be satisfactory to the Chief Planner and the City Solicitor as determined at the time of Site Plan Approval, and subject to the following:
   1. the Owner shall prepare all documents and convey the POPS Easement, and any necessary rights of support, to the City for public access over the POPS, at the Owner’s expense, all to the satisfaction of the Chief Planner and the City Solicitor;
   2. the POPS Easement is to be conveyed to the City for nominal consideration, and such lands are to be free and clear of all physical and title encumbrances, unless otherwise agreed to by the Chief Planner and the City Solicitor; and
   3. the Owner shall obtain at its expense and shall deliver a title opinion for conveyances from its solicitor prior to the conveyance of the POPS Easement, to the satisfaction of the City Solicitor.

URBAN FORESTRY – David Bostock (416) 395-6134

4. The applicant is to submit a Tree Security Guarantee in the amount of $22,232.00 for the protection of eleven (11) City owned trees inventoried as Trees 407 – 411 and 427 – 432.

5. The applicant is to submit a Tree Planting Security Deposit in the amount $1,749.00 (583.00 per tree) to ensure the planting and survival of four (4) new City-owned trees.

PARKS, FORESTRY & RECREATION – Vitumbiko Mhango (416) 392-7404

6. The owner shall, prior to the issuance of the first Above Grade Building Permit, other than for a Temporary Parking Structure, convey Nine-Hundred and Fifty-One point Zero Four square metres (951.04m2) of land for public parkland purposes to expand Mossgrove Park to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor.

The Owner acknowledges and agrees that approximately Two-Hundred and Forty-Six point Forty-Four square metres (246.44 m2) of the land to be conveyed as Parkland is encumbered with surface and subsurface easements on title and will not count towards the conveyance of land for park purposes required by Section 42 of the Planning Act for the Development.

7. The Owner shall convey the remaining approximately Seven-Hundred and Four point Zero Six square metres (704.06 m2) to the City free and clear, above and below grade of all easements, encumbrances and encroachments. This portion will be counted as part of the required Parkland Dedication for the Development.

8. The balance of the Parkland Dedication for the Development is Seven-Hundred and Sixteen point Zero Eight square metres (716.08 m2) and shall be paid by the Owner as cash-in-lieu prior to the issuance of the first Above Grade Building Permit, other than for a Temporary Parking Structure.

ENGINEERING AND CONSTRUCTION SERVICES – Matthew Manella – (416) 395- 6229

Facilities to Provide Access to and from the Land

9. Make satisfactory arrangements with Engineering & Construction Services, including entering into any necessary agreements including an MIA agreement, for Work on the City's Right-of-Way to provide access to and from the land and provide financial security, in the form of an irrevocable letter of credit, certified cheque or wire transfer, in the amount of $666,682.86 and submit an engineering and inspection fee, in the form of a wire transfer, in the amount of $37,667.58 (includes HST) and provide insurance, as required.

Facilities for the Landscaping of the Lands or the Protection of Adjoining Lands

10. Submit engineering design and drawings of proposed retaining walls, prepared by a Professional Engineer (P.Eng.) to the Chief Engineer and Executive Director, Engineering & Construction Services, for review and acceptance.

Stormwater Management, Grading and Site Servicing

11. The Owner must perform pre-construction CCTV investigation of:

    a. The existing storm lateral on Farmstead Road for existing building R3 to be reused for existing building R3;

    b. The existing storm lateral on Farmstead Road at the north east corner of the site (downstream of Ex STM MH 15) to be reused for the site;

    c. The existing sanitary lateral (lateral #4) on Farmstead Road to be reused for the site;

    to verify the condition of the pipes and submit the documentation (video and report) to the City. CCTV shall be completed in accordance with OPSS 409, City specification TS 409 and to the satisfaction of the Executive Director of Engineering and Construction Services and the General Manager of Toronto Water. In conjunction with the CCTV package, the Owner must also submit a Certification Letter from the retained Consulting Engineer (P.Eng.) which certifies that the laterals are free of structural and operational defects, that they meet current City standards and they are appropriate for reuse as intended. The letter is to be signed, sealed and dated. In the event that the laterals do not meet City requirements and need to be replaced, the applicant will need to submit revised engineering drawings for ECS approval and make an application to Toronto Water to have them replaced at the Owner’s sole cost.

12. The Owner has proposed to remove existing private catch basins and storm sewers within the existing municipal (Toronto Water) easement over the existing 900mm (trunk / steel pipe) and 400mm municipal watermains within the subject site. The owner is required to conduct the necessary field investigations, including but not limited to locates and CCTV investigation, to verify the location of the existing private storm infrastructure and municipal watermain infrastructure prior to the start of construction. The owner is also required to make satisfactory arrangements with Engineering and Construction Services for Work within the existing municipal (Toronto Water) easement on site and provide financial security, in the form of an irrevocable letter of credit or certified cheque, in the amount of $500,000.00 to be retained for two (2) years after the completion of construction for this development, as a security deposit for the protection of the existing municipal watermains. The Owner must also submit an engineering and inspection fee in the amount of $28,250.00 (includes HST) and provide public liability insurance, as required.

13. The owner is required to contact the City's inspector Dipak Kumar Dam, (647) 746-5846, DipakKumar.Dam@toronto.ca and the Case Manager Matthew Mannella, (416) 395-6229, Matthew.Mannella@toronto.ca to arrange for a pre-construction meeting, prior to the commencement of any construction related activities within municipal Easements.

14. The Owner shall make satisfactory arrangements with Engineering & Construction Services to ensure that the City's inspector is present on site during any servicing related Work being performed within the municipal (Toronto Water) easement area on site.

15. The Owner is required to submit grading and servicing drawings as well as a Servicing and Stormwater Management Report for the proposed public parkland dedication and proposed Work within the City owned Parkland (Mossgrove Park). Such documentation must be acceptable to the Executive Director of Engineering and Construction Services as well the Parks, Forestry and Recreation Division.

16. The proposed grading and servicing work will be permitted within the existing municipal storm sewer easement and City owned Parkland (Mossgrove Park) as shown on: Boundary and Topographic Survey of Block E Registered Plan 8094 City of Toronto, signed by Robert Wiegenbroker, OLS, dated February 4, 2011, prepared by KRCMAR; Sketch Showing Easements as in Instruments NY358863, NY450130E and NY543633 and Garage Structure Drive Isle, Block E Registered Plan 8094 City of Toronto, signed by Robert Wiegenbroker, OLS, dated February 4, 2011, prepared by KRCMAR; Draft R-Plan (information to be confirmed once prepared by the applicant), Mossgrove Park & Proposed Dedicated Parklands Grading and Servicing Plan, Drawing No. C3.0, Revision No. 5, dated February 19, 2021, prepared by Odan-Detech Group Inc.; Mossgrove Park & Proposed Dedicated Parklands Notes & Details & Erosion & Sediment Control Plan, Revision No. 5, dated February 19, 2021, prepared by Odan-Detech Group Inc.; subject to the owner entering into a financially secured Water and Sewer Service Installation Agreement (WSSIA) with Toronto Water to secure and construct these proposed storm service connections and Work by encroaching into the existing municipal storm sewer easement and City owned Parkland (Mossgrove Park).

17. The Owner shall make satisfactory arrangements with Engineering & Construction Services, including entering into any necessary agreements including an WSSIA, for Work within City owned Parkland (Mossgrove Park) and provide financial security, in the form of an irrevocable letter of credit, certified cheque or wire transfer, in the amount of $23,667.00 and submit an engineering and inspection fee, in the form of a wire transfer, in the amount of $1,337.19 (includes HST) and provide insurance, as required.

Groundwater Discharge

18. The owner shall submit an application to Toronto Water, Environmental Monitoring & Protection, for any short-term and/or any permanent dewatering system that is required for the building, obtain any necessary exemptions under Toronto Municipal Code Chapter 681, Sewers (the "Sewers By-law") and enter into any necessary discharge agreements in accordance with Section 6 of the Sewers By-law to permit the discharge of Private Water from the Property to a City sewer, where approved by the General Manager, Toronto Water, and shall be in good standing under any such Discharge Agreements.

Other Conditions

19. The Owner is required to submit the required Environmental Documentation for the proposed public parkland dedication per City of Toronto requirements and to the satisfaction of the Parks, Forestry and Recreation Division and the City of Toronto.

20. The applicant is required to secure a new Easement Agreement with City of Toronto Real Estate Services and Toronto Water to permit private swales, grates, sidewalks, curbs, paving, minor landscaping and other features located within the existing municipal Easement within the subject site as illustrated on Boundary and Topographic Survey of Block E Registered Plan 8094 City of Toronto, signed by Robert Wiegenbroker, OLS, dated February 4, 2011, prepared by KRCMAR; Sketch Showing Easements as in Instruments NY358863, NY450130E and NY543633 and Garage Structure Drive Isle, Block E Registered Plan 8094 City of Toronto, signed by Robert Wiegenbroker, OLS, dated February 4, 2011, prepared by KRCMAR; Draft R-Plan (information to be confirmed once prepared by the applicant), Plan of Existing Conditions and Civil Removals Ultimate Phase 1 & 2, Drawing No. C0.2, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 1 Site Servicing Plan, Drawing No. C1.0, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 1 Grading Plan, Drawing No. C1.2, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 2 Site Servicing Plan, Drawing No. C2.0, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 2 Crossings and Sections Plan, Drawing No. C2.1, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 2 Site Servicing Sections 1 of 2, Drawing No. C2.2, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 2 Site Servicing Sections 2 of 2, Drawing No. C2.3, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 2 Grading Plan Sections Quadrant 1, Drawing No. C2.4, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 2 Grading Plan Sections Quadrant 2, Drawing No. C2.5, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 2 Grading Plan Sections Quadrant 3, Drawing No. C2.6, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Phase 2 Grading Plan Sections Quadrant 4, Drawing No. C2.7, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Composite Utility Plan, Drawing No. C2.9, Revision 4, dated March 5, 2021, prepared by Odan-Detech Group Inc.; Landscape Plan, Drawing No. SPL1, Detailed Planting Plan, Revision 15, dated March 5, 2021, prepared by Ferris & Associates Inc.; Detailed Planting Plan, Drawing No. SPL2.2, Revision 15, dated March 5, 2021, prepared by Ferris & Associates Inc.; Detailed Planting Plan, Drawing No. SPL2.3, Revision 15, dated March 5, 2021, prepared by Ferris & Associates Inc.; Site Plan, Drawing No. A1-01, Revision 10, dated March 5, 2021, Site Plan, Drawing No. A1-01, Revision 8, dated February 8, 2021 (date plotted March 19, 2021).

21. In conjunction with the new Easement Agreement with City of Toronto Real Estate Services, the applicant is required to submit for review and acceptance, prior to depositing in the appropriate Land Registry Office, a Draft Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System prepared by an Ontario Land Surveyor to the Engineering and Construction Services Division that identifies the lands which are included in this development application and the municipal Easements within the subject property.

22. The applicant shall submit for review and acceptance, prior to depositing in the appropriate Land Registry Office, a Draft Reference Plan of Survey, in metric units showing the co-ordinate values at the main corners of the development lands, and delineating thereon, by separate PARTS, the lands to be conveyed to the City, including the public parkland dedication. The Draft Reference Plan must be integrated with a coordinate system and be prepared in accordance with the following requirements:

    a) The system shall be referenced to the North American Datum 1983 Canadian Spatial Reference System, NAD 83 CSRS.

    b) The coordinates shall be expressed as grid coordinates in 3 Degree Modified Transverse Mercator projection.

    c) Vertical datum will be Canadian Geodetic Vertical Datum (GVD) datum, pre 1978 re-adjustment.

    d) The plan must be signed and dated by an OLS.

    The Draft Reference Plan of Surveys must be prepared in accordance with the City of Toronto terms of reference, which can found on the City’s website located here: https://www.toronto.ca/city-government/planning-development/application-forms-fees/building-toronto-together-a-development-guide/application-support-material-terms-of-reference/

23. Submit a Construction Management Plan / Construction Mitigation Plan & Tenant and Neighborhood Communication Strategy to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services, and the Executive Director and Chief Planner, City Planning.

B. POST-APPROVAL CONDITIONS

CITY PLANNING

1. The proposed development shall be carried out and maintained in accordance with the following approved plans and drawings referred to herein, to the satisfaction of the Director of Community Planning, North York District.

Drawing No.	Drawing Name	Prepared By	Drawing & Revision Date
SPA A1-01	SITE PLAN	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 10 MAR 5th, 2021
SPA A1-01a	Site Plan Building Heights Diagram	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 6 Dec 18th, 2020
SPA A1-01d	Bicycle parking Diagrams	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 6 Dec 18th, 2020
SPA A1-02	MASTER GROUND FLOOR PLAN	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 10 MAR 5th, 2021
SPA A1-03	Floor Plan P1 Level	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 6 Dec 18th, 2020
SPA A1-04	Floor Plan P2 Level	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 6 Dec 18th, 2020
SPA A1-06	Temporary Parking Ground Floor	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 6 Dec 18th, 2020
SPA A1-07	Temporary Parking Deck Floor	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A2-08	Block A1 Roof Level Plan	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A2-11	Block A2 Roof Level Plan	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A2-14	Block B1 Roof Level Plan	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A2-17	Block B2 Roof Level Plan	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A2-20	AMENITY BUILDING ROOF PLAN	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 8 FEB 19th, 2021
SPA A4-02	Elevations Block A1	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A4-02B	Elevations Block A1 - West	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A4-03	Elevations Block A1, A2	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A4-04	Elevations Block A2	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A4-05	Elevations Block A2	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A4-06	Elevations Block B1	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A4-07	Elevations Block B1	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A4-08	Elevations Block B1, B2	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A4-09	Elevations Block B2	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPA A4-10	Elevations Block B2	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
A4-17	Typical Elevation Materials	Rafael + Bigauskas Architects	December 2020, Revision 20 Dec 18th 2020
SPA A4-18	AMENITY BUILDING ELEVATIONS	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 6 Dec 18th, 2020
SPA A4-19	AMENITY BUILDING ELEVATIONS	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 6 Dec 18th, 2020
SPA A4-21	BIRD FRIENDLY DESIGN/AMENITY BUILDING ELEVATIONS	Rafael + Bigauskas Architects	Sep 18th, 2020, Revision 5 Jul 23rd, 2020
SPL0	TEMPORARY LANDSCAPE PLAN	Ferris + Associates Inc.	Revision 15, 2021-03-05
SPL1	LANDSCAPE PLAN	Ferris + Associates Inc.	Revision 15, 2021-03-05
SPL2.0	DETAILED PLANTING PLAN	Ferris + Associates Inc.	Revision 15, 2021-03-05
SPL2.1	DETAILED PLANTING PLAN	Ferris + Associates Inc.	Revision 15, 2021-03-05
SPL2.2	DETAILED PLANTING PLAN	Ferris + Associates Inc.	Revision 15, 2021-03-05
SPL2.3	DETAILED PLANTING PLAN	Ferris + Associates Inc.	Revision 15, 2021-03-05
SPL3	GREN ROOF PLAN	Ferris + Associates Inc.	Revision 15, 2021-03-05
SPL5	CITY DETAILS	Ferris + Associates Inc.	Revision 15, 2021-03-05
SPL6	LANDSCAPE DETAILS	Ferris + Associates Inc.	Revision 15, 2021-03-05
BPL1	BASE PARK LANDSCAPE PLAN	Ferris + Associates Inc.	Revision 3, 2021-03-05

2. The Owner of the lands subject to the POPS Easement shall install, at its expense when the POPS landscaping is completed, and to the satisfaction of the Chief Planner, a signage plaque on the POPS, generally in accordance with the City template for POPS signage and which is placed in accordance with the parameters established in the applicable Urban Design Guidelines as endorsed by City Council at its meeting on July 8, 2014 through the adoption of Item PG34.14, or on terms otherwise satisfactory to the Chief Planner.

URBAN FORESTRY

3. The owner must submit to Urban Forestry Supervisor at tpprnorth@toronto.ca a letter/email with photos documenting that the installed tree protection hoarding and signage has been installed for the City and privately owned trees as prescribed in the approved Arborist Report dated July 10, 2017 by Ferris + Associates Inc. and Tree Protection Plan dated August 20, 2019 by Ferris + Associates Inc. and in accordance with the City of Toronto's Tree Protection Policy and Specifications for Construction Near Trees, and to the satisfaction of Urban Forestry on behalf of the General Manager of Parks, Forestry & Recreation. This letter should be submitted prior to construction beginning.

4. The owner agrees to strictly adhere to the Tree Protection Specifications contained in the approved Arborist Report and Tree Preservation Plan and as per the City of Toronto's Tree Protection Policy and Specifications for Construction near Trees.

5. The owner agrees to notify all builders, contractors and agents of all tree protection requirements where any part of the development will be carried out by them on behalf of the owner to the satisfaction of Urban Forestry on behalf of the General Manager of Parks, Forestry & Recreation.

6. The owner agrees to ensure that all tree protection barriers are maintained in good condition, and are not to be moved, altered or removed until all construction activities have been completed and removal of the barriers has been approved by Urban Forestry on behalf of the General Manager of Parks, Forestry & Recreation. Provided the approved tree protection is maintained as specified in the approved Arborist Report and Tree Protection Plan and in accordance with the City of Toronto's Tree Protection Policy and Specifications for Construction near Trees, the Tree Security Deposit may be released at the completion of construction. If it is discovered that there is unauthorized encroachment within a tree protection zone, or a tree was not protected in accordance with the above noted documents, the deposit will be retained for an extended period. Should the tree's condition decline as a result of construction and/or encroachment the deposit may not be refundable.

7. Upon completion of construction activities, the owner shall notify Urban Forestry, at tpprnorth@toronto.ca prior to the removal of the protection hoarding the trees to be preserved according to the approved Tree Protection Plan, to arrange for an inspection of the site.

8. The owner shall have a qualified company implement and maintain tree planting on the subject land in accordance with the approved plans to the satisfaction of Urban Forestry, on behalf of the General Manager of Parks, Forestry and Recreation. All trees must be planted as per the plans approved by Urban Forestry, and must arrive on site in Ball and Burlap condition with a minimum caliper of 70mm (or as specified on the approved planting plan). Prior to planting, each tree shall have the burlap untied/unwrapped from the upper portion of the root ball (along with part of the wire cage if necessary), and soil brushed away or removed from the top of the root ball until the first proper root is identified, indicating the top of the original/permanent root crown. The tree is then to be planted with this level considered as the top of the root ball for all other instructions. Any tree found planted with the actual root crown more than 2.5cm below finished grade may be rejected and require replacement or replanting at the City's discretion.

9. Upon the planting of the new trees on the subject land, the owner shall assume the full responsibility for the maintenance and health of the private trees and shall take no action or permit any action that will injure, damage, destroy or prevent the trees from maturing to the point that the trunk of the tree measures 30 cm in diameter or more, measured at 1.4 m above ground level.

10. The owner shall maintain all new tree plantings within the City road allowance in good condition. If necessary, the Tree Planting Security Deposit will be drawn upon to cover all costs incurred by the City of Toronto in enforcing and ensuring that the trees are planted and kept in a healthy and vigorous state during the two-year guarantee period. The owner must notify Urban Forestry at tpprnorth@toronto.ca within two weeks of the trees being planted to start the two year guarantee period. Trees will be inspected during and prior to the end of the renewable guarantee period. At the end of the period, while the trees are in leaf, the owner must notify Urban Forestry at tpprnorth@toronto.ca to allow for us to confirm if the trees are in good condition. If the trees are in good condition at the end of the period, the City will assume maintenance and ownership of the trees and the deposit will be returned.

11. The owner shall be responsible for the maintenance or replacement of all new tree plantings within the City road allowance if during or at the end of the renewable guarantee period the trees are not in good condition, require maintenance or require replacement. The owner will be responsible for rectifying the problem as determined by and to the satisfaction of Urban Forestry, on behalf of the General Manager of Parks, Forestry & Recreation. At this time, the owner shall maintain all newly replanted trees within the City road allowance in good condition and shall provide an additional two-year renewable guarantee.

12. Following the planting of street trees, the owner shall provide a Certificate of Completion of Work and an as-installed plant list in the form of a spreadsheet identifying street trees, as shown on the approved planting plan, by street addresses. The as-installed plant list shall also include tree species, calliper, condition and specific location of the trees by identifying two points of references (i.e., distances in meters from the curb, sidewalk, driveway, utility pole or pedestal).

13. Any proposed revisions/alterations to the approved plans or permits that affect trees must be approved by Urban Forestry on behalf of the General Manager of Parks, Forestry & Recreation.

ENGINEERING AND CONSTRUCTION SERVICES

Facilities to Provide Access to and from the Land

14. Provide and maintain traffic operations measures/facilities as recommended in the accepted Traffic Operations Assessment / TIS Report by BA group dated May 2013 and the update letters dated June 2014, April 2015, November of 2015, and December 21, 2016.

15. Construct and maintain all engineering works in accordance with the approved plans.

16. Remove all existing accesses, curb cuts, traffic control sign(s) along the development site frontage that are no longer required and reinstate the curb, gutter and boulevard within the City’s right-of-way, in accordance with City standards and to the satisfaction of the Executive Director, Engineering and Construction Services.

17. The owner acknowledges and affirms that anything proposed in the City right-of-way other than municipal sidewalks, street trees and sod are encroachments that the property owner must recognize in either a site plan or encroachment agreement that is registered on-title to the property. The property owner is responsible for designing, constructing and maintaining these encroachments.

Off-street Vehicular Loading and Parking Facilities and Access/Driveways

18. Provide and maintain off-street vehicular loading and parking facilities and access driveways in accordance with the approved plans and drawings, to the satisfaction of the Executive Director, Engineering and Construction Services.

19. The owner must install and maintain appropriate signage and pavement markings on-site directing such as but not limited to: vehicle stopping and circulation, designated disabled parking, loading, and pedestrian walkways, to the satisfaction of the Executive Director, Engineering and Construction Services.

20. All on-site driveways and parking areas must be surfaced and maintained with asphalt, concrete, or interlocking stone.

Facilities for the Landscaping of the Lands or the Protection of Adjoining Lands

21. Construct and maintain the retaining walls as specified in the accepted engineering design and drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services.

22. Provide certification to the Chief Engineer and Executive Director, Engineering & Construction Services from the Professional Engineer (P.Eng.) who designed the retaining walls that the walls were constructed in accordance to the accepted engineering drawings.

Facilities for the Storage of Garbage and Other Waste Material

23. Construct and maintain all facilities necessary to permit bulk lift compacted garbage, recycling and organic collection services in accordance with the “City of Toronto Requirements for Garbage, Recycling and Organics Collection Services for New Developments and Re-Developments” and Chapter 844, Solid Waste of the Municipal Code.

24. Provide and maintain the waste diversion systems proposed for multiple household residential buildings in accordance with the accepted Architectural Plans.

25. The collection staging area should not require the jockeying of bins by the driver. If jockeying of bins is necessary, a custodial staff person must be on site. In the event the on-site staff member is unavailable at the time the City collection vehicles arrival at the site, the collection vehicle will leave the site and not return until the next scheduled collection day.

26. Submit a letter certified by a Professional Engineer that in all cases where a collection vehicle is required to drive onto or over a supported structure (such as an underground parking garage) the structure has been constructed to safely support a fully loaded collection vehicle (35,000 kg) and conforms to the following:

(a) Design Code - Ontario Building Code;

(b) Design Load - City bulk lift vehicle in addition Building Code requirements; and

(c) Impact Factor - 5% for maximum vehicular speeds to 15 km/h and 30% for higher speeds.

27. Provide written certification to the Chief Engineer and Executive Director, Engineering & Construction Services by the “qualified professional” who designed and supervised the construction that all solid waste management facilities have been constructed in accordance with the accepted Site Plan.

Stormwater Management, Grading and Site Servicing

28. Construct and maintain stormwater management measures/facilities and site grading as recommended in the accepted Stormwater Management Report entitled Servicing and Stormwater Management Report, Revision No. 6, dated February 19, 2021, prepared by Odan-Detech Group Inc. and accepted Site Grading Plans, drawing No.’s Phase 1 Grading Plan, Drawing No. C1.2, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc., Phase 2 Grading Plan Sections Quadrant 1, Drawing No. C2.4, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc., Phase 2 Grading Plan Sections Quadrant 2, Drawing No. C2.5, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc., Phase 2 Grading Plan Sections Quadrant 3, Drawing No. C2.6, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc., and Phase 2 Grading Plan Sections Quadrant 4, Drawing No. C2.7, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.

29. Construct and maintain site servicing indicated on the accepted Site Servicing Plans: Phase 1 Site Servicing Plan, Drawing No. C1.0, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc., Phase 1 Site Servicing Sections, Drawing No. C1.1, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc., Phase 2 Site Servicing Plan, Drawing No. C2.0, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc., Phase 2 Crossings and Sections Plan, Drawing No. C2.1, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc., Phase 2 Site Servicing Sections 1 of 2, Drawing No. C2.2, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc., and Phase 2 Site Servicing Sections 2 of 2, Drawing No. C2.3, Revision 14, dated March 5, 2021, prepared by Odan-Detech Group Inc.

30. Provide certification to the Chief Engineer & Executive Director of Engineering and Construction Services from the Professional Engineer who designed and supervised the construction, confirming that the stormwater management facilities and site grading have been constructed in accordance with the accepted Stormwater Management Report and the accepted Grading Plans.

31. Provide certification to the Chief Engineer & Executive Director of Engineering and Construction Services from the Professional Engineer who designed and supervised the construction, confirming that the site servicing facilities have been constructed in accordance with the accepted drawings.

32. Prior to occupancy of the buildings, the applicant must submit the above noted Certification letters to the satisfaction of General Manager of Toronto Water and to the Executive Director of Engineering and Construction Services. The letters can be submitted directly to the Case Manager in Engineering and Construction Services.

33. Existing drainage patterns on adjacent properties shall not be altered and stormwater runoff from the subject development shall not be directed to drain onto adjacent properties.

34. There may be runoff from rain storms that exceeds the capacity of the City’s storm service connections. Therefore, the owner shall be responsible to provide flood protection or a safe overland flow route for the proposed development without causing damage to the proposed and adjacent public and private properties.

35. The owner agrees and acknowledges that adequate mitigation measures including proposed retaining walls, sediment control fences, and interim stormwater management facilities are constructed and in place prior to the construction to prevent any flooding, and erosion to the existing properties in vicinity of this development.

36. The Owner shall ensure that a Professional engineer will be hired to inspect the SWM facilities on a regular basis to certify that the facilities function as intended.

37. The Owner shall keep and maintain proposed stormwater pollution control devices such as filter units or oil/grit separator units and update the City with periodic maintenance reports.

38. The development is located within the City of Toronto chronic Basement Flooding Area No. 55. The owner acknowledges and agrees that proper safe mitigation measures are in place to protect the site against any surcharge in municipal sanitary or combined systems under extreme wet weather scenario.

39. The Owner shall indemnify the City against any liability on private block for any and all damages to the land, residences and the adjacent properties from flooding as a result of non-functioning or failure of mitigation measures proposed to protect flooding.

40. The Owner shall indemnify the City against any liability issue due to the failure of the proposed storm sewer system and mitigation measures for sunken area and non-gravity system for any and all damages to the land, residences and the adjacent properties from flooding during storm events in access of the 100 year storm event or resulting from failure of the stormwater management system and mitigation measures as intended.

41. The development includes proposed private sunken patios that under the major storm events (beyond the 100-year storm event) or clogging of the Area Drains, the drainage will be spilling from Area Drains in sunken patios and will pond without overland flow route. The above combination will result in spill over point at the sunken areas before it finds its way to a safe overland flow.

    i. The subject site does not have emergency overland flow route for the sunken patio areas, and the runoff from the major storm rainfall events or clogging of the storm system will be ponding on patios. The Owner shall construct and maintain the storm drainage system and facilities to collect the drainage as set out in the Stormwater Management Report in a state of good repair at all times. No modifications are permitted that may alter the intent and/or function of the storm drainage system unless approval has been obtained from the General Manager of Toronto Water.

    ii. The details of the stormwater contingency and monitoring measures, prepared by a qualified professional engineer (the "Monitoring/Contingency Plan") are to be acknowledged by the applicant and their solicitor and the applicant's professional engineer must provide written certifications that these details have been provided to the Owner for their acknowledgement.

    iii. The Owner acknowledges and agrees that future purchasers will be made aware of the maintenance and monitoring plan.

    iv. The Owner acknowledges that they must hire a Professional engineer to inspect the facilities on a regular basis to certify that the facilities function as intended.

    v. The owner will be required to indemnify the City against any liability issue due to the failure of the private storm sewer management system and lack of overland flow for any and all damage to the land, tenants and the adjacent neighbours from flooding during storm event in excess of major storm event and a non-functioning stormwater management system.

42. The Owner shall construct and maintain the storm drainage facilities on the site that collect any external drainage which consists of storm pipes, area drains, catch basins, maintenance holes, underground tanks, swales and overland flow routes as it is shown on the approved Site Servicing and Grading drawings and Stormwater Management Report, in a state of good repair at all times. The Owner acknowledges and agrees that no modifications are permitted that may alter the intent and/or function of the storm drainage system unless approval has been obtained from the General Manager of Toronto Water.

43. At the completion of construction of the proposed storm infrastructure within Mossgrove Park and the proposed Parkland dedication within the subject site, the owner shall conduct a post-construction CCTV inspection and perform ring (mandrel) deflection testing for all installed storm infrastructure within Mossgrove Park and the proposed Parkland dedication to the satisfaction of the Executive Director of Engineering and Construction Services and the General Manager of Toronto Water. The testing shall be completed as per OPSS 409 & 410 and City specifications TS 409 & 410. Note the mandrel for the deflection test shall be pulled manually through the pipe not sooner than 30 days after the completion of backfilling and installation of the service connections. Below grade services shall be cleaned and flushed per OPSS 411 and City specification TS 411 immediately prior to CCTV inspection. In conjunction with the testing package, the Owner must also submit a Certification Letter from the retained Consulting Engineer (P.Eng.) which certifies that all installed storm infrastructure within Mossgrove Park and the proposed Parkland dedication have been installed per the approved plans, are free of structural and operational defects, that they meet current City standards and they are appropriate for use as intended. The letter is to be signed, sealed and dated by the qualified Ontario licensed P.Eng.

Groundwater Discharge

44. The Owner shall submit an application to Toronto Water, Environmental Monitoring & Protection, for any short-term and/or permanent dewatering system that is required for the building, and enter into an agreement and/or permit to discharge groundwater as required by the General Manager, Toronto Water.

45. The Owner shall comply with Chapter 681 of the City of Toronto Municipal Code in respect to the discharge from the site of groundwater and other water originating from a source other than the City water supply (hereafter referred to as "private water".) The Owner acknowledges that the discharge of private water from the site to City sewage works is prohibited by Chapter 681 unless the Owner has obtained a Discharge Permit from Toronto Water.

46. The Owner shall obtain any necessary exemptions under Toronto Municipal Code Chapter 681, Sewers (the "Sewers By-law") and enter into any necessary discharge agreements in accordance with Section 6 of the Sewers By-law to permit the discharge of Private Water from the Property to a City sewer, where approved by the General Manager, Toronto Water, and shall be in good standing under any such Discharge Agreements.

Other Conditions

47. The subject site includes existing municipal Easements. Proposed private infrastructure, buildings and/or structures in this development must not encroach into this easement, either above or below ground, except as specified within the new Easement Agreement and as indicated on the approved drawings per the registered Site Plan Agreement.

48. The owner agrees that Work cannot occur within the municipal Easement areas on site or within City owned Parkland without authorization from the City of Toronto as well as the presence of a City inspector.

49. The Owner acknowledges and agrees that Staff have reviewed this application on the understanding that it will comprise of a single parcel of land, under one owner, with the entire site being rental apartment complex, upon completion. Staff have reviewed this application on the understanding that the entire development consists of (3) existing apartments buildings to be retained, four (4) proposed blocks of townhouses and a proposed amenity building along with a proposed underground parking garage. Furthermore, Staff understands that the site will have four (4) sanitary service connections and four (4) water service connections (one set of connections for each of the three existing buildings to be retained and one set of connections for the proposed townhouses and amenity building which will share a common underground parking garage). It is also understood that the site will have two storm service connections (one for existing building R3 and one for the rest of the site). The Owner further acknowledges and agrees that if any party, including the Owner or any subsequent Owner, submits an application for severance, part-lot control, subdivision, condominium approval or any other form of land division for this development not in accordance with this information, different servicing connections, including all associated stormwater management facilities and any necessary revised plans and studies, may be required by the city at the sole cost to the condominium applicant. The Owner further acknowledges that should any party, including the applicant or any subsequent owner, apply for one or more than one Condominium Corporation encompassing any or all of this development or make an application that results in a land division, Staff may require legal assurances, including but not limited to easements, with respect to the approved services. Such assurances will be determined at the time of application for condominium approval.

50. Prior to the issuance of the first above grade building permit, the Owner shall submit drawings for the stormwater collection pipe monitoring systems to the satisfaction of the General Manager, Toronto Water.

51. The Owner covenants and agrees at its sole expense to install and maintain a monitoring system for each stormwater collection pipe to the satisfaction of the General Manager, Toronto Water.

ENERGY EFFICIENCY DIVISION

52. Construct and maintain the development substantially in accordance with the accepted Energy Reports dated October 29, 2019 and prepared by Caneta Research Inc. to ensure that the energy savings identified continue to be achieved, to the satisfaction of the Environment and Energy Division.

TORONTO DISTRICT SCHOOL BOARD

53. The applicant shall enter into an agreement to erect and maintain signs at points of egress and ingress of the development site, advising that:

“The Toronto District School Board makes every effort to accommodate students at local schools. However due to residential growth, sufficient accommodation may not be available for all students. Students may be accommodated in schools outside this area until space in local schools becomes available

For information regarding designated school(s), please call (416) 394-7526”.

These signs shall be to the Board’s specifications and erected prior to registration or the issuance of any building permit.

54. If applicant shall agree in the Servicing and/or Development agreement, or in a separate agreement between the School Board and the Developer, to include the following warning clauses in all offers of purchase and sale of residential units (prior to registration of the plan and for a period of ten years following registration), that:

“Despite the best efforts of the Toronto District School Board, sufficient accommodation may not be locally available for all students anticipated from the development area and that students may be accommodated in facilities outside the area, and further, that students may later be transferred.

Purchasers agree for the purpose of transportation to school, if bussing is provided by the Toronto District School Board in accordance with the Board’s policy, that students will not be bussed home to school, but will meet the bus at designated locations in or outside of the area”.

C. ADVISORY COMMENTS

The owner is advised that the Green Roof By-law (By-law No. 583-2009) (Chapter 492 of the City of Toronto Municipal Code) including Article IV the Toronto Green Roof Construction Standard, may be applicable to the proposed development. For further information, please contact Joanne Battaglia, Toronto Building at 416-395-7553.

Engineering & Construction Services

1. Road Allowance Permits

1.1. The applicant must obtain the necessary authorizations and permits from our Right-of-Way Management Section before excavating or encroaching into municipal road allowance. The applicant is advised to contact the Right-of-Way Management Section at (416) 395-7112 regarding site-specific permit and licensing requirements. We advise the applicant that they cannot use the municipal Right-of-Way for construction-related purposes without first receiving written authorization from the Right-of-Way Management Unit, including payment of the necessary fees.

1.2. In conjunction with the right-of-way permits, the applicant shall provide an adequate financial guarantee to ensure the satisfactory completion of all required work in the City’s rights-of-ways, excluding service connections. The applicant will be required to provide financial security, in the form of an irrevocable letter of credit or certified cheque and submit a 5% engineering and inspection fee, in the form of an irrevocable letter of credit or certified cheque, (includes HST), and provide public liability insurance as required.

1.3. The contact person in Right-of-Way Management is Elizabeth Morales (416) 392-8111, who is responsible for access permits and Municipal Road Damage Guarantee deposits and all other permits associated with construction activities (piling/shoring, landscaping, hoarding, temporary street occupation, tower crane, etc.)

1.4. In order to obtain approval for work in the City's right-of-way the Owner will be required to provide up to date stake out information for most construction related work, for further information, please contact Ontario One at 1-800-400-2255 to arrange for an appointment.

1.5. The applicant is required to contact the City's inspector Dipak Kumar Dam, (647) 746-5846, DipakKumar.Dam@toronto.ca and the Case Manager Matthew Mannella, (416) 395-6229, Matthew.Mannella@toronto.ca at least one week prior to commencing any work within the City's right-of-way.

2. Requirements For Work within a City Easement / City owned Parkland

2.1. The applicant is required to enter into a Water and Sewer Service Installation Agreement with Toronto Water to secure and construct the proposed works by encroaching into the municipal storm sewer easement and City owned Parkland (Mossgrove Park). The applicant will be required to provide financial security, in the form of an irrevocable letter of credit, certified cheque or wire transfer, in the amount of $23,667.00, and submit a 5% engineering and inspection fee, in the form of a wire transfer, in the amount of $1,337.19 (includes HST), and provide public liability insurance as required in the agreement. The following is a breakdown of the financial security required for the work within Mossgrove Park:

• $23,667.00 to construct the proposed grading and servicing work within Mossgrove Park as shown on: Boundary and Topographic Survey of Block E Registered Plan 8094 City of Toronto, signed by Robert Wiegenbroker, OLS, dated February 4, 2011, prepared by KRCMAR;Sketch Showing Easements as in Instruments NY358863, NY450130E and NY543633 and Garage Structure Drive Isle, Block E Registered Plan 8094 City of Toronto, signed by Robert Wiegenbroker, OLS, dated February 4, 2011, prepared by KRCMAR; Draft R-Plan (information to be confirmed once prepared by the applicant), Mossgrove Park & Proposed Dedicated Parklands Grading and Servicing Plan, Drawing No. C3.0, Revision No. 5, dated February 19, 2021, prepared by Odan-Detech Group Inc.; Mossgrove Park & Proposed Dedicated Parklands Notes & Details & Erosion & Sediment Control Plan, Revision No. 5, dated February 19, 2021, prepared by Odan-Detech Group Inc.;.

2.2. Prior to entering into a Water and Sewer Service Installation Agreement with Toronto Water, the Owner will have to provide/secure the following:

• The Executive Director of Engineering and Construction Services as well Parks, Forestry and Recreation Division have approved the proposed above mentioned works;
• Obtain required approvals from internal City divisions and external as required;
• Provide the financial securities and engineering fees as outlined in this memorandum to Community Planning;
• Provide the financial securities and engineering fees as outlined in the Water and Sewer Service Installation Agreement;
• Submit the required draft Reference Plan of Surveys as outlined in this memorandum to the satisfaction of the Executive Director of Engineering and Construction Services, for review and approval, prior to depositing it in the Land Registry Office;
• Secure the issuance of the Notice of Approval Conditions (NOAC) by Community Planning and approval of the plans, drawings and reports by the Director of Community Planning;
• Submit Commercial General Liability Insurance coverage to address the entire cost to the City of any damage to the City’s sewer. The Certificate of Insurance shall provide the City of Toronto as an additional insured. The policy is to have a minimum limit of liability of $5,000,000.00 per occurrence;
• Submit Contractor’s Pollution Liability Insurance that lists the City of Toronto as an additional insured. This protects the City of Toronto and the contractor in the event of any damage to the City sewer which results in a sewage spill. The policy is to have a minimum limit of liability of $2,000,000.00 per occurrence with no reporting limits;
• Provide a list of emergency contacts (owner, consultants, and contractors) for the project.

2.3. It is recommended that the applicant submit drafts of the Water and Sewer Service Installation Agreement, Irrevocable Letter of Credit and Insurance for review and acceptance prior to submitting final executed originals.

2.4. In order to obtain approval for work in the City's Easement and City owned Parkland, the Owner will be required to provide up to date stake out information for most construction related work. For further information, please contact Ontario One at 1-800-400-2255 to arrange for an appointment.

2.5. The applicant is required to contact the City's inspector Dipak Kumar Dam, (647) 746-5846, DipakKumar.Dam@toronto.ca and the Case Manager Matthew Mannella, (416) 395-6229, Matthew.Mannella@toronto.ca at least one week prior to commencing any work within Mossgrove Park.

3. Requirements For Work On City Rights-of-Way

3.1. The applicant is required to enter into a Municipal Infrastructure Agreement (MIA) for Work on City's Right-of-Way. The applicant will be required to provide financial security, in the form of an irrevocable letter of credit or certified cheque, in the amount of $666,682.86, and submit a 5% engineering and inspection fee, in the form of an irrevocable letter of credit or certified cheque, in the amount of $37,667.58 (includes HST), and provide public liability insurance as required in the agreement. The following is a breakdown of the financial required for the work on the City’s ROW:

• $666,682.86 for the construction of all proposed works in the City right-of-way, excluding service connections and disconnections (to be completed by Toronto Water forces at the owners expense), to City specifications to be constructed per the approved Servicing & SWM Report, Civil plans, Site Plan and Landscape Plans;

3.2. Prior to entering into a Municipal Infrastructure Agreement, the owner will have to provide/secure the following:

• A City representative has approved the proposed above mentioned works;
• The owner is required to make an application for a streetscaping permit;
• A signed Composite Utility Plan by all required internal City divisions, Toronto Hydro Street Lighting and external parties (utility companies, etc.);
• Obtain approvals from internal City divisions and external as required;
• Provide the financial securities and engineering fees as outlined in this memorandum to the City;
• Secure the issuance of the Notice of Approval Conditions (NOAC) by Community Planning and approval of the plans, drawings and reports by the Director of Community Planning;
• Provide Insurance in accordance the MIA.
• Provide a list of emergency contacts (owner, consultants, and contractors) for the project.

3.3. It is recommended that the applicant submit drafts of the Municipal Infrastructure Agreement, Irrevocable Letter of Credit and Insurance for review and acceptance prior to submitting final executed originals.

3.4. In order to obtain approval for work in the City's right-of-way the Owner will be required to provide up to date stake out information for most construction related work, for further information, please contact Ontario One at 1-800-400-2255 to arrange for an appointment.

3.5. The applicant is required to contact the City's inspector Khurshed Alam, (416) 931-7003 and the Case Manager Matthew Mannella, (416) 395-6229 at least one week prior to commencing any work within the City's right-of-way.

4. Construction Management Plans

4.1. The applicant must submit to the City a Construction Management Plan for each stage of the construction process, provided to the satisfaction of this Division. The applicant is not allowed to use the Rights-of-Way for storing construction equipment/materials or for parking purposes. For further information, please contact the Right-of Way Management Section, North York District, at 416-395-7112.

4.2. A Construction Management Plan is to be received by the Chief Engineer & Executive Director of Engineering and Construction Services showing the following items:

a) Dust/mud control on and offsite;

b) Location of truck loading points, trailer parking;

c) Location of temporary material storage areas;

d) Access/truck routing;

e) Provision of hoarding, temporary fencing & covered walkways;

f) Location and extent of aerial crane operations;

g) Parking for construction trades;

h) Procedure to deal with vermin and rodents

4.3. We advise the applicant that they cannot use the municipal right-of-way for construction-related purposes without first receiving written authorization from our Right-of-Way Management section, including payment of the necessary fees.

4.4. We advise the applicant that any construction activity that affects the adjacent public rights-of-way including, among other things, the location of construction staging areas and covered public walkways within public roads, which may necessitate the temporary closure of one or more traffic lanes for an extended period of time, will require the submission of an acceptable Construction Management Plan in conjunction with the permit approval process, in order to minimize construction-related impacts on public rights-of-way.

5. Encroachments

5.1. Any physical or landscaping features that are proposed to be introduced in the municipal right-of-way are subject to the requirements of Chapter 743 of the Toronto Municipal Code. Depending on the type of encroachment as specified in Article IV of Chapter 743, it may require an encroachment agreement with the City of Toronto as well as Community Council approval. The Owner is advised that all streetscape designs proposed within the abutting public Rights-of-Way must comply with the requirements of the Transportation Services Division and those materials other than municipal sidewalks, street trees and sod are considered encroachments that the property Owner must recognize in either a site plan or encroachment agreement that is registered on-title to the property. The property owner is responsible for the costs of installing/planting these encroachments, and the encroachment must be maintained at the owner's expense pursuant to Article V of Chapter 743.

5.2. Any encroachments within Municipal Road Allowances will not be permitted unless they are explicitly approved by the Right-of-Way Management section of Transportation Services. The applicant is required to contact the section through the permit approval process to obtain the exact particulars of these requirements. For further information, please contact the Right-of-Way Management Section, North York District at (416) 395-7112.

6. Toronto Hydro Approval / Street Lighting

6.1. As of January 1, 2006, the street lighting system became the sole responsibility of Toronto Hydro. It will be their obligation to demand a Street Lighting Review from all applicants in support of all rezoning applications. Toronto Hydro will assess, comment upon and ultimately approve all proposed street lighting proposals and the associated changes or additions to the existing street lighting system.

6.2. The applicant shall obtain approval from Toronto Hydro Street Lighting Incorporated, THSLI, for removing and/or relocating any utility with attached municipal street lighting and for any upgrades. The applicant is advised to contact THSLI (416-542-3195) or https://www.torontohydro.com/sites/electricsystem/Pages/foryourhome.aspx for comment and cost estimates for required fieldwork.

7. Utilities

7.1. The Owner is financially responsible for all costs associated with the excavation improvement, removal and/or relocation of any above or below-grade public or private utility resulting from the development of this property.

8. Street Furniture

8.1. The owner is advised that approval is required for all work that will be carried out within the abutting public rights-of-way, which may include but not be limited to financial responsibility for removal or relocation of existing street furniture (transit shelters, benches, litter bins, bicycle locking rings, etc.). The owner must contact Street Furniture Management to co-ordinate the removal or relocation of Astral street furniture or bicycle locking rings. There are Third Party costs associated with the removal and relocation of Astral street furniture and costs to remove the City of Toronto bicycle locking ring(s). The City will not undertake any work associated with removing, reinstalling or relocating existing street furniture until it receives payment. If clarification is required on how the above standards will apply to this site, the applicant can contact the Street Furniture Management Unit at streetfurniture@toronto.ca.

9. Site Servicing Connections

9.1. The owner will be required to make an application to Toronto Water Division, North York Civic Centre, 5100 Yonge Street, 2nd Floor, for the installation of any proposed services and service disconnections within the City right-of-way after acceptance of the stormwater management report, servicing report and site servicing plan. For further information, please contact District Operations, Toronto Water at 311 or 416-392-CITY (2489).

9.2. These shall include the necessary water, sanitary and storm service connections in accordance with the accepted site servicing plan. The owner is responsible to provide for the installation of the water, sanitary and any necessary storm service connections from the building to the City services at the property line.

9.3. Servicing on private property requires plumbing approval under the Ontario Building Code, and accordingly, application for the necessary permits should be made to the Toronto Building Division.

9.4. The proposed stormwater management facility and all the sewage works on private property are regulated under Ontario Water Resources Act (OWRA) and therefore may or may not be subject to the approval requirements of section 53 of the Ontario Water Resources Act. It is the responsibility of the Owner(s) to contact the Ministry of Environment to determine if an Environmental Compliance Approval is required for their specific project. The Owner(s) shall obtain such approval as may be required from the Ministry of Environment.

9.5. Maintenance and operation of stormwater facilities is the responsibility of the property owner and must meet all the current requirements of governmental authorities having jurisdiction, including, but not limited to Ontario Ministry of the Environment, Ontario Ministry of Labour, and Ontario Ministry of Municipal Affairs and Housing.

9.6. The applicant is required to contact City's inspector Dipak Kumar Dam, (647) 746-5846, DipakKumar.Dam@toronto.ca and the Case Manager Matthew Mannella, (416) 395-6229, Matthew.Mannella@toronto.ca to arrange for a pre-construction meeting, prior to the commencement of any construction related activities within municipal watermain Easements on site, municipal sewer Easements or City owned Parkland (Mossgrove Park).

10. Municipal Numbering

10.1. The applicant is advised to contact municipal numbering staff at municipaladdress@toronto.ca to obtain or verify new municipal addresses prior to submitting a building permit application. It should be noted that all addressed parcels and structures must have the correct municipal addresses posted. Please see https://www.toronto.ca/city-government/planning-development/municipal-numbering-of-a-property/ for details.

10.2. The municipal addresses will be required for the purpose of setting up the water account with the City of Toronto when application is made for the proposed sewer and or/water service connection (as applicable).

11. Fire Services

11.1. As established by Toronto By-Law, Chapter 880, it is required that an approved fire access route be provided. An application shall be submitted to Toronto Fire Services prior to occupancy.

12. The following Toronto Green Standards Tier 1, Version 2 Performance Measures have been met where appropriate:

12.1. SW 1.1 – Waste Collection and Sorting has been satisfied

12.2. SW 1.2 – Waste Storage Space has been satisfied

12.3. SW 1.3 – Bulky Waste has been satisfied

12.4. SW 1.4 – Enhanced waste collection & sorting not applicable

12.5. AQ 1.2 – Sidewalk Space has been satisfied

12.6. WQ 1.1 – Erosion & sediment control has been satisfied

12.7. WQ 2.1 – Stormwater retention & Reuse has been satisfied

12.8. WQ 3.1 – Total Suspended Solids (TSS) has been satisfied

13. Wet Tap Procedure

13.1. The applicant is advised that pursuant to an order issued by the Ontario Ministry of the Environment and Climate Change, all wet taps performed on City watermains must be performed by, or under the supervision of, a Certified Operator in accordance with Ontario Regulation 128/04. The City of Toronto Protocol respecting the performance of and verification of wet taps can be found at https://www.toronto.ca/wp-content/uploads/2017/11/8759-ecs-specs-pipespecs-Wet_Tap_Procedure_Notice_Jun2017.pdf

14. Superior Performance Asphalt Pavements

14.1. Superpave asphalt mixes is mandatory for all projects in the city of Toronto as per following specifications:

• TS 1101 Material Specification for Performance Graded Asphalt Cement, dated September 2017 https://www.toronto.ca/wp-content/uploads/2017/11/995b-ecs-specs-roadspecs-TS_1101_Sep2017.pdf

• TS 1151 Material Specification for Superpave, Stone Mastic and Warm Mix Asphalt, dated September 2017 https://www.toronto.ca/wp-content/uploads/2017/11/98db-ecs-specs-roadspecs-TS_1151_Sep2017.pdf

15. Construction Dewatering & Private Water Drainage System

15.1. Discharge of Private Water (including but not limited to groundwater, construction wastewater, etc.) directly or indirectly into City’s sewage works is prohibited under Toronto Municipal Code (MCC) Chapter 681 – Sewers, unless the subject property has obtained discharge approval in the form of a Discharge Agreement under MCC 681-6 from Toronto Water, Environmental Monitoring and Protection Unit.

15.2. If the Owner wishes to discharge groundwater to the City’s sewers, the Owner shall apply and obtain short-term discharge approval from Toronto Water, Environmental Monitoring and Protection Unit.

15.3. In the absence of a short-term discharge approval, the Owner shall ensure any private water (including but not limited to groundwater, construction wastewater, etc.) collected from the subject property is hauled away using a Ministry of the Environment, Conservation and Parks (MECP) approved hauler to ensure that no private water is discharged directly or indirectly into the City’s sewage works and thereby comply with Municipal Code Chapter 681 – Sewers.

15.4. Prior to any approval to discharge Private Water to a City sewer works and the issuance of any agreement or permit respecting same by the General Manager, Toronto Water, the Owner will be required to:

(a) Obtain an Environmental Compliance Approval from the Ministry of the Environment, Conservation and Parks, for the proposed Private Water Treatment System (the “Treatment System”)

(b) Install and operate the Treatment System; and

(c) Notify Toronto Water, Environmental Monitoring and Protection immediately once the Treatment System has been installed so that the City can collect samples of the treated water over a minimum period of 6 months to determine the effectiveness of the Treatment System.

15.5. Any approval to discharge Private Water to a City sewer will not be granted if the Treatment System fails to effectively treat the Private Water to meet the applicable quality limits as set out in the Sewers By-Law.

16. Streetscaping

16.1. The Owner is required to make an application to Transportation Services Division, Right-of-Way Management Unit, North York District, at 416-395-6303 or tprowny@toronto.ca, after site plan approval for a streetscaping permit.

16.2. The Owner shall be responsible for the cost of the streetscaping including depositing the estimated cost of the streetscaping work and a 5% streetscaping engineering review fee to the City.

16.3. A streetscape permit for York Mills Road, Leslie Street, and Farmstead road boulevard treatment can be issued only upon review of the detailed landscape plan submitted by the applicant.

Toronto Hydro

17. In order to identify Toronto Hydro infrastructure in the drawing, locates must be completed in the field. All proposed work must maintain the minimum horizontal and vertical clearances as per Toronto Hydro Construction Standard 31-0100, 31-0400 & 31-0700, attached hereto. Clearance measurements are taken from the edge of the hydro plant to the edge of the proposed work. Once the Applicant’s planning is complete, the Applicant must submit its drawings to Toronto Hydro once again pursuant to the Circulation and Sign-Offs procedure under the City of Toronto’s Municipal Consent Requirements in order to receive Toronto Hydro’s sign-off for the purposes of a Full-Stream Application.

18. Prior to Construction:

18.1. Request locates from Ontario One Call at 1-800-400-2255 or online at http://www.on1call.com. Review the ESA/TSSA Guideline for Excavation in the Vicinity of Utility Lines, available on the ESA Electrical Distribution Safety website: http://www.esaeds.info. Please contact our Customer Offers and Sustainment (COS) Dept. at 416-542-2533 for disconnecting power or Toronto Hydro plant removal before any demolition.

19. Relocations:

19.1. Toronto Hydro assets can be relocated at the expense of the Applicant. If the relocation of Toronto Hydro assets is necessary, please contact Utility Relocations group at utility.relocations@torontohydro.com to begin a relocation request. After sufficient information has been received to process a relocation request, Toronto Hydro relocation projects typically require 12 to 18 months to be completed. Toronto Hydro will require a deposit or full payment in advance of doing the work.

20. Overhead Toronto Hydro Assets:

20.1. Mechanical equipment such as crane and hoist shall not be operated within 3 m of lines or equipment. No awning, billboard, antenna mast, flag, roof or similar structure shall be installed on the public allowance or immediately adjacent to private property that is within 3 m of lines or equipment.

21. Underground Toronto Hydro Assets:

21.1. For heavy equipment operation in the vicinity of Toronto Hydro underground plant, ensure the requirements from Toronto Hydro Distribution Construction Standard 31-0500 are met. Breaking into, or accessing, cable chambers, vaults and handwells is not permitted without consent from the relevant Toronto Hydro Dept., and anyone found to have so done will be prosecuted to the fullest extent of the law and pursued civilly for any damage. Tunneling within 3m is deemed a conflict that requires a Professional Engineering report to resolve.

Enbridge

22. The applicant shall contact Enbridge Gas Distribution’s Customer Connections department by emailing SalesArea10@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving.

23. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant.

24. Easement(s) are required to service this development and any future adjacent developments. The applicant will provide all easement(s) to Enbridge Gas Distribution at no cost.

25. The applicant will contact Enbridge Gas Distribution’s Customer Connections department by emailing SalesArea10@enbridge.com prior to any site construction activities to determine if existing piping facilities need to be relocated or abandoned.

26. In the event a pressure reducing regulator station is required, the applicant is to provide a 3 metre by 3 metre exclusive use location that cannot project into the municipal road allowance. The final size and location of the regulator station will be confirmed by Enbridge Gas Distribution’s Customer Connections department. For more details contact SalesArea10@enbridge.com.

Canada Post

27. In order to provide mail service for this development, Canada Post requests that the owner/developer comply with the following conditions:

27.1. The owner/developer will provide each building with its own centralized mail receiving facility. This lock-box assembly must be provided and maintained by the Owner/Developer in order for Canada Post to provide mail service to the residents of this project. For any building where there are more than 100 units, a secure, rear-fed mailroom must be provided.

27.2. The owner/developer agrees to provide Canada Post with access to any locked doors between the street and the lock-boxes via the Canada Post Crown lock and key system. This encompasses, if applicable, the installation of a Canada Post lock in the building’s lobby intercom and the purchase of a deadbolt for the mailroom door that is a model which can be retro-fitted with a Canada Post deadbolt cylinder.

D. TRIBUNAL ORDER TO BE HELD

The Tribunal's Order in connection with this Site Plan Approval shall not issue until the City Solicitor advises the Tribunal in writing that both the Pre-Approval Conditions herein have been complied with and the Post-Approval Conditions herein have been incorporated into an agreement which has been prepared, executed and registered to the satisfaction of the City Solicitor pursuant to Section 114 of the City of Toronto Act, 2006.

[M1] This needs to be included only in decisions/orders for Planning Matters with a case number of PL180263 or earlier or MM180037 or earlier or DC180009 or earlier. These are files that were received under OMB