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A brief summary of the subdivision agreement concerning Limerick Lake lots.

 

The subdivision agreement between the Township of Limerick and the developer Trident Members Inc. regulates the way in which development will proceed on Trident’s lands. This particular agreement contains clauses that are standard in such agreements in Ontario, tailored to the specifics of the Ontario Municipal Board approval and the site.

 

The bulk of the agreement concerns the changes which will take place on the land. The preamble contemplates that the Township will appoint an Municipal Engineer, and  Section 48 states that Trident will reimburse the Township for all costs incurred in retaining the Engineer. Section 10 requires that Trident appoint the Owners Engineer who must, as stated in a schedule, provide stamped and authorized drawings of the work to be done. The agreement works on the premise that the township's enforcement officer is the Municipal Engineer, assumed to be making decisions as a professional engineer and not in a political manner.

 

The Municipal Engineer must approve virtually everything that happens on site, usually in advance of the work - clearing, grading and gravelling roads, installing culverts, and building the community facilities - occurring.  Section 13 requires that the Municipal Engineer must approve the drawings provided by the Owner’s Engineer before work begins.  Section 16 requires Trident to submit a schedule of work (including the timing sequence) before work begins. Some matters, such as an estimate of cost for Phase One requires approval but this estimate is included in a schedule so approval is pro-forma. Section 18 states that cost estimates for subsequent phases, which are not in the schedule, need approval.

 

Section 23, requires Trident to obtain approval from the Municipal Engineer of any contractor working on the land, although this does not seem to apply to those involved in the construction of buildings. Section 24 requires Trident to get approval of work proposed in each Phase.

 

Before beginning work, Trident is required by Section 24 to have written permission of the Township (not the municipal engineer) called Authorization to Commence Works (.  Once Trident has that authorization, it must give the Municipal Engineer at least 96 hours notice before work actually gets underway. Works must then proceed expeditiously (Section 25.)

 

As work proceeds, it will be monitored by the Municipal Engineer, who must approve any changes to standards set out schedules to the agreement (Sections 11 and 25.) Work not done within certain time periods will require further approvals (Sections, 13, 14 and 15.) When work is done improperly the Municipal Engineer shall notify Trident (Section 28) to remedy the situation within seven days. When work is done improperly, there are substantial remedies available in Section 28. With the authority of the Township, the  Municipal Engineer can remedy the situation at the cost of Trident; the Township can use the Performance Guarantee to pay any costs incurred and it can also refuse to issue any further permits.

 

Section 18 outlines the amount of the Performance Guarantee which is equal to 100% of the cost  estimate of the work needed in any phase. For phase one, this amount is $200,000, set out in a schedule, and  this is secured by a letter of credit. The township can draw on this guarantee to remedy any problem (Section 19.) Section 38 allows the guarantee to be reduced by the amount of work done. The Owner’s Engineer must prepare estimates of the cost of work in the other phases (Section 17.)

 

Section 12 states that work will proceed in phases, as set out in a schedule. Sections 8 and 9 state that work (including work on utilities) will begin within 12 months of the agreement -  that is, by  September 21, 2011 - and be fully completed within three years. Section 36 conflicts with Section 12, stating Trident has two years to complete Phase One, and four years to complete the rest of the development. Section 37 states the Municipal Engineer will determine when work in a Phase is complete.

 

Section 32 states the Township has the power to the withhold building permits if work is not done properly, and Section 34 gives the Township the ability to withhold the Authorization to Occupy if work is not done properly.

 

Section 14 requires that before building permits for houses can be given, a professional engineer shall have certified that storm water manager facilities, the grading and drainage plan, and the erosion control plan, have all be completed properly.  Section 15 allows the Municipal Engineer to intervene if these plans are not carried out.

 

Section 54 states Trident cannot assign this agreement without the approval of the township. This ensures that the Township assure itself of the bona fides and financial capability of any purchaser of the site.

 

Section 69 sets out the details of approvals given by the Ontario Municipal Board, such as the location of the recreation facility and beach, pathways, no septics within 300 meters of the high water mark of Limerick Lake, and the information required to be given to purchasers. Section 2 sets out that there will be 110 serviced lots developed in four phases.

 

John Sewell.

July 6, 2011.

 

December 2010 Letter to Council

On December 12, 2010 LWRA drafted an official letter to the Limerick Township Council regarding proposed changes to the Zoning by-law.  At stake is the ability to build boathouses on the shoreline, even for water-access only cottages. Changes to the proposed by-laws were passed by the departing township council at the November meeting. The LWRA wishes to address these changes before they could become a permanent part of the zoning by-law.  The complete text of the letter to council is available here:

LETTER TO REEVE GOLEM AND LIMERICK TOWNSHIP COUNCIL 

Trident Subdivision Report - December 12, 2010

 

As newsletter readers will recall, during the past summer, the OMB committee of LWRA continued to monitor the progress that Trident Members Inc. was making in fulfilling all the conditions necessary before they could present their draft subdivision agreement to Limerick Council for approval. This process finally came to an end at the end of the summer and on Sept. 21, 2010 a special meeting of Council was called at which the Subdivision Agreement and Related Documents were approved.

 

The meeting was attended by both Al Burton, the lawyer for Trident and Kirsten Musgrove, lawyer for the Township. In response to a question from Reeve Golem, council minutes note that Ms. Musgrove advised that the Inhibiting Order would be registered first "in order to allow the Municipality to maintain control over the Subdivision Agreement." The Inhibiting Order gives the municipality control over what lots can be sold at what time as the subdivision is to be developed in phases. In response to a further question to Mr. Burton regarding what physical steps would be taken next, he said that road construction would begin before winter, 2010, and that development of the lots of phase one would begin in April or May, 2011. In a related development, at the November Council meeting, at the suggestion of George Offshack, a motion was passed requesting onsite inspection for Phase 1 of the Subdivision Plan by Jewell Engineering once a month for the period from May to October, 2011.

 

One question that has been raised is whether LWRA will continue to need a committee to deal with various Trident-related issues now that the subdivision agreement has been signed. This question is currently on the agenda to be discussed by the executive. There are two items to keep in mind -- one is that there are still 30 or so reserved lots within 300m of Limerick Lake that Trident has the right to bring back to the OMB for consideration and approval at any time. The second is that there are many requirements in the subdivision agreement, particularly with reference to things like stormwater management, erosion control, lot clearing etc. where compliance by Trident may be an issue so that there may be a need for LWRA to keep in touch with Council to monitor how the terms of the agreement are being complied with. There will be more news on this item in the spring newsletter.

 

To sign off, it is probably fair to say that all members of LWRA regret that there will be a very large backlot development in a location that seems so inappropriate in a wilderness area so close to the lakes and rivers of Limerick Waterways but at least we know that if we are vigilant, this development can be held to high standards so that its impact on the quality of the recreational life that we value so highly can be as minimal as possible.

 

Linda Sheppard, Chair, OMB Committee

for Bob Mofford, Bob Bennett and George Offshack