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2936 To amend By-Law 2759, being a by-law to adopt a Town of Tillsonburg Design Criteria for Residential SubdivisionsTHE CORPORATION OF THE TOWN OF TMLSONBURG BY -mow 2936 A By -Law to amend By -Law 2759, being a by-law to adopt a Town of Tillsonburg Design Criteria for Residential Subdivisions. WHEREAS Section 102 of The Municipal Act,, R.S.O. 1990, Chapter M.45, authorizes the Council of the Corporation of the Town of Tillsonburg to amend By - Law 2759 adopting a policy for the Design Criteria of Residential Subdivisions; AND WHEREAS it is deemed necessary and expedient by the Council of the Corporation of the Town of Tillsonburg to amend By -Law 2759 adopting a policy for the Design Criteria of Residential Subdivisions; THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Tillsonburg enacts as follows: 1. That Schedule "A" attached hereto,, as amending Schedule "A" to By -Law 2759, is hereby declared to be part of this by-law as if written and incorporated herein; 2. That all persons, agencies and companies developing residential subdivisions in the Town of Tillsonburg shall conform to Tillsonburg criteria set forth in Schedule "A" to By -Law .1.759, as amended by Schedule '"A"% attached hereto. READ a first and second time this 27h day of March 2000. READ a third time, passed, signed, sealed, and numbered 2936 this 2 5 t day of Apr i 1 20000 REVISIONS TO BY-LAW NO. 2759 April 25, 2000 SECTION E - LOT GRADING E 4.00 APPROVAL AND CERTIFICATION E 4.01 LOT GRADING APPROVAL 1. Prior to application for building permit , individual proposed grading plans for each lot or group of logs shall be prepared and submitted to the Consulting Engineer of record for the subdivision. 2. The Consulting Engineer of record for the subdivision, as appointed by the developer, shall be responsible for reviewing and approving (or certifying) the proposed grading plan submitted for each lot, that it is in conformance to the overall subdivision grading plan approved by the Town. Where an in -fill or severed lot exists and there is no active developer of the subdivision then the town will accept the lot grading plans designed by a professional engineer or Ontario Land Surveyor. 3. The proposed grading plan shall include all of the following. Dimensioned property limits, house location, house dimensions, finished floor, basement and underside of footing elevations, top of foundation, proposed lot grades at all corners and at intermediate locations as required to define the grading of the lot, all yard catchbasins with rim elevations ,driveway location and percent grade, swale elevation and swale percent grade, rear yard percent grade, all 3 to 1 slopes and retaining walls, fencing and all above ground utilities. Existing elevations along all property lines and house foundation dimensions including steps in the top of the foundation and footing shall be shown. The approved grading plan shall be submitted with the building permit application. E 4.02 FOUNDATION CON rrROL CERTIFICATE A) The Consulting Engineer or Ontario Land Surveyor shall provide the town with a foundation control certificate confirming the foundations are in conformance with the .approved grading plan for the lot. A foundation control certificate shall be approved by the town before house construction proceeds beyond the basement level. Placement of finished floor only will be allowed to reduce potential for foundation cracking from backfilling. This certificate shall include the following. A) The Consulting Engineer or Ontario Land Surveyor shall confirm the footing and foundation elevations (including cuts in the wall) are in conformance with the approved lot grading plan and zoning bylaw. B) An Ontario Land Surveyor shall provide the town with a building location survey confirming the foundations are in conformance with applicable zoning by-law C) The Consulting Engineer or Ontario Land Surveyor shall confirm the lot grades are within a tolerance of 100 mm of the approved lot grading plan. Any Non conformance of the foundation or site elevations shall be brought to the towns attention for further direction, prior to proceeding with any further construction. Exposed foundations heights are to be in accordance with the Ontario Building Code. E 4.03 AS CONSTRUCTED LOT GRADING PLAN AND FINAL GRADING CERTIFICATE An "As Constructed" lot grading plan shall be prepared, after the lot has been final graded (preferably sodded (seeded)) and shall be submitted to the Consulting Engineer of record for approval to confirm the lot has been graded in conformance with the approved lot grading plan. Final "As Constructed" lot grades shall conform to the approved grading and drainage plan and shall be within the 100 mm grading tolerance. A final lot grading certificate shall be prepared by the Engineer of record, certifying the lot grading has been checked and found to be in conformance with the approved lot grading plan and the overall subdivision grading plan. A copy of the approved " As Constructed " lot grading plan and final lot grading certificate shall be forwarded to the town immediately upon completion. E 4.04 LOT GRADING91CURB AND SIDEWALK DAMAGE AND MUD TRACKING DEPOSIT A refundable deposit of $ 1,200.00 shall be submitted with the approved grading plan at the time of building permit application. Where multiple building permits by a single builder have been issued the refundable deposit for the second and additional lots shall be $500. The $1200 for the first lot will be held until the deposit can be released and there is at least one outstanding building permit issued to the builder. In the event a builder is found to be in non-compliance of one of the below items then council has the right to require $1200 per building permit for the second and additional building permits. This deposit will be held by the town until the following issues are in compliance . 1. Curbs have been repaired in the event of damage caused by the builder. 2. Sidewalks have been repaired in the event of damage caused by the builder. 3. Water curb stop has been repaired adjusted to finished grade in the event of damage caused by the builder. 4. The builder shall provide confirmation the property bars are undisturbed and at /or within 0.2m below finished grade or the Ontario Land. Surveyor provide a written undertaking to locate buried property bars for all lots within the new subdivisions at no cost to the home owner. 5. All mud-tracldng issues are addressed as per town policy. 6. Foundation control certificate has been received. 7. An approved as constructed lot grading plan has been received and reviewed by the town. 8. All building deficiencies have been corrected and a final inspection completed. In the event a deposit must be used to correct one of the above items and the actual costs exceed the deposit amount, then the builder will be invoiced the difference and no further building permits shall be issued until all accounts have been paid in full.