APPENDIX ‘A’
RECOMMENDED CONDITIONS OF DRAFT APPROVAL
PLAN OF SUBDIVISION 19TM-05001
1297482 Ontario Limited
1. General
1.1
Approval shall
relate to a draft plan of subdivision prepared by Masongsong
Associates Engineering Limited, identified as Project Number 05227, Drawing
Number DFT-3, dated November 2005.
1.2
This draft
approval shall apply for a maximum period of three (3) years from date of
issuance by the Town, and shall accordingly lapse on
1.3
The Owner shall
enter into a subdivision agreement with the Town agreeing to satisfy all
conditions of the Town and Agencies, financial and otherwise, prior to final
approval.
1.4
The Owner
acknowledges and understands that prior to final approval of this draft plan of
subdivision, amendments to Zoning By-laws 193-81, as amended, to implement the
plan shall have come into effect in accordance with the provisions of the
Planning Act.
1.5
The Owner
acknowledges and agrees that the draft plan of subdivision and associated
conditions of draft approval may require revisions, to the satisfaction of the
Town, (Commissioner of Development Services) to implement or integrate any
recommendations resulting from studies required as a condition of draft
approval.
1.6
The Owner shall
pay $100.00 / unit for highway 48 - flow
control levies upon execution of the subdivision agreement.
2. Roads
2.1 The road
allowances within the draft plan shall be named to the satisfaction of the Town
and the Region of York.
2.2 The road
allowances within the draft plan shall be dedicated as public highway, free of
all costs and encumbrances.
2.3 The Owner
shall covenant and agree in the subdivision agreement that the public highways
shall be designed and constructed in accordance with established municipal
standards to the satisfaction of the Town (Commissioner of Development
Services).
2.4
The 90 degree
turns, as shown in the draft plan, must meet Town’s requirements for minimum
turning radii (please refer to Town’s Standards MR 27). The Owner acknowledges and agrees to revise
the plan as per Town’s Standards
2.5
The Owner shall
covenant and agree in the subdivision agreement to remove the existing turning
circle on the
2.6
The only access
to this subdivision is from
2.7
The Owner will be
required to dedicate to the Town all the necessary corner roundings
to the satisfaction of the Director of
2.8
The Owner shall
covenant and agree in the subdivision agreement to advise all future purchasers
of the sidewalk location and shall agree to provide a warning clause in each
purchase and sale agreement advising of such.
3. Noise Impact Study
3.1
Prior to final
approval of the draft plan, the Owner shall submit a Noise Impact Study,
prepared by a qualified noise consultant, with recommended mitigation measures
for noise generated by road traffic on Kennedy Road, the Bell Transfer Station
and by any other identified noise sources, to the satisfaction of the
Town.
The Owner shall further agree to make
any revisions to the draft plan that may be required to achieve the
recommendations of the Noise Impact Study.
As the Town will not accept noise fencing over 2.0 m high, the plan may
need to be revised to allow for berming or other
alternatives noise solutions.
3.2 The Owner
shall covenant and agree in the subdivision agreement to implement noise
control measures and warning clauses as recommended by the approved Noise
Impact Study, to the satisfaction of the Town (Commissioner of Development
Services).
4. Tree Preservation and Landscaping
4.1 The Owner shall submit an overall tree
inventory and preservation plan, which has been prepared by a qualified
Landscape Architect in good standing with the O.A.L.A., or a certified
Arborist, to the satisfaction of the Commissioner of Development Services,
prior to the execution of a subdivision agreement for any portion of the draft
plan of subdivision. The tree preservation plan shall be based on information
taken from a registered survey plan, showing the exact location of the trees to
be preserved, location of protective hoarding, final grading, proposed
municipal services and utilities, and conceptual building envelopes and driveway
locations.
4.2
The Owner shall
covenant and agree in the subdivision agreement to prepare and submit site
grading and tree preservation plans, with respect to trees to be preserved on
any portion of the plan of subdivision, showing the location of buildings and
structures to be erected and proposed municipal services and utilities in that
area, in accordance with the approved Tree Preservation Plan, for the approval
of the Town (Commissioner of Development Services).
4.3
The Owner shall
covenant and agree in the subdivision agreement to obtain written approval of
the Town prior to the removal of any trees within the area of the draft plan.
4.4
The Owner shall
covenant and agree in the subdivision agreement to implement any measures
required in accordance with the approved Tree Preservation Plan.
4.5
The Owner shall
covenant and agree in the subdivision agreement that provision shall be made in
the subdivision agreement for a letter of credit, in an amount to be determined
by the Town, to ensure compliance with applicable tree preservation, fencing,
streetscape, buffer and other landscaping requirements.
4.6
The Owner shall
submit overall Streetscape and Landscape Plans, which has been prepared by a
qualified Landscape Architect in good standing with the O.A.L.A. to the
satisfaction of the Commissioner of Development Services, prior to the
execution of the subdivision agreement. The plans are to include the following:
a) street tree
planting, including a minimum of one tree per residential lot with a maximum space
of 12 metres between trees. The size, spacing and species selected shall be to
the satisfaction of the Town (Commissioner of Development Services).
c)
noise attenuation measures, where required, in accordance
with Town and Region of York policies.
d)
flankage privacy fencing of end units on blocks abutting lanes
and roadways wholly on residential lots.
e)
any other landscaping as determined by the Town.
4.7
The Owner shall
covenant and agree to install all required streetscape and landscaping works
and to secure the works with a Letter of Credit in an amount, to be determined
by the Town (Commissioner of Development Services), to ensure compliance.
4.8
All streetscape
and landscape works are to be to Town standards and to the approval of the
Commissioner of Development Services.
4.9
The Owner
covenants and agrees that the detailed design and construction of all
landscaping shall be at no cost to the Town and in accordance with the
provisions of the approved landscape plans.
4.10
The Owner shall
covenant and agree in the subdivision agreement to prohibit all builders from
imposing an extra charge to home purchasers for the items listed in Condition
4.11.
4.11
The Owner shall
include in all agreements of purchase and sale the following clause:
“PURCHASERS ARE ADVISED
THAT AS A CONDITION OF APPROVAL OF THE SUBDIVISION WITHIN WHICH THIS LOT IS
LOCATED, THE TOWN OF MARKHAM HAS REQURIED THE DEVELOPER TO UNDERTAKE AND BEAR
THE COST OF THE FOLLOWING ITEMS:
·
STREET TREES
(TREES PLANTED IN THE
·
CORNER
·
NOISE ATTENUATION
FENCING AS IDENTIFIED IN THE NOISE IMPACT STUDY
·
FENCING OF
WALKWAY BLOCK
·
BUFFER PLANTING
FOR OPEN SPACE, WALKWAY BLOCK AND SINGLE LOADED STREET ALLOWANCES
·
SUBDIVISION ENTRY
FEATURES AND DECORATIVE FENCING AS IDENTIFIED ON LANDSCAPE PLANS APPROVED BY
THE TOWN.
5. Parks and Open Space
5.1
Based on the
Town’s parkland provision standard of 5 percentage of the land area Owner shall
provide the equivalent value as cash-in-lieu contribution.
5.2
The cash in-lieu
shall be determined based on the market value of the required land on the day
prior to draft plan approval.
5.3
The Owner shall
convey Block 19 to the Town for open space/walkway purposes, free of all costs
and encumbrances, upon registration of the plan of subdivision.
6. Stormwater Management
6.1 Prior
to final approval of the draft plan, the Owner shall submit a stormwater
management study, prepared by a qualified engineer, detailing the provision of
water quality and quantity management facilities, hydraulic gradelines,
overland flow routes, and erosion and siltation
controls for the draft plan for approval by the Town. The Owner acknowledges and agrees that they
will be required to construct the proposed stormwater management facilities and
overland routes, provide any easements or lands for stormwater and overland
flow purposes, and to revise the draft plan accordingly, as may ultimately be
required.
6.2 The Owner
shall provide the required easements for minor flow systems, for overland flow and
for storm water management purposes, as identified in the stormwater management
report to the satisfaction of the Town, upon registration of the plan of
subdivision.
6.3 The Owner
shall covenant and agree in the subdivision agreement to obtain a topsoil
removal permit in accordance with the Town’s Topsoil Removal By-law prior to
proceeding with any on-site works.
6.6
The Owner will be
required to submit to the Town the preliminary overland flow routes for
comments. Overland flow will not be
allowed between lots; additional walkways may be required.
7. Municipal Services
7.1 The
Owner shall acknowledge and agree in the subdivision agreement that final
approval of the draft plan shall be subject to adequate sanitary sewer capacity
and water supply being allocated to the subdivision by the Town (Commissioner
of Development Services).
7.2 Prior
to final approval of the draft plan, the Owner shall prepare, to the
satisfaction of the Town (Commissioner of Development Services), a Functional
Servicing Report to determine the infrastructure required for all municipal
services internal to the subdivision.
Any requirements resulting from this Report shall be incorporated into
the draft plan and provided for in the subdivision agreement.
7.3 The
Owner shall acknowledge and agree in the subdivision agreement that building
permits will not be issued until the Director of Building Services has been
advised by the Director of Engineering that water, sewage treatment, utilities
and roads satisfactory to the Director of Engineering are available to the
lands, except that building permits may be issued for model homes upon terms
and conditions established by the Town (Commissioner of Development Services).
7.4 The Owner
shall covenant and agree in the subdivision agreement that they shall be
required to construct, or pay for the construction of, roads, bicycle lanes,
curbs, gutters, sidewalks (in accordance with the applicable Council policy),
underground and above ground services, street lights, street signs, utilities,
stormwater management facilities, etc., to the satisfaction of the Town
(Commissioner of Development Services).
7.5 Prior
to final approval of the draft plan, detailed engineering drawings shall be
provided by the Owner which will include, but not be limited to grading control
plans, plan and profile drawings of all underground and aboveground services,
general plans, drainage plans, composite utility plans, stormwater management
detail plans, etc. to the satisfaction of the Town (Commissioner of Development
Services).
7.6 The
Owner shall acknowledge and agree in the subdivision agreement that building
permits will not be issued for lands in any stage of development within the
draft plan of subdivision until the Director of Building Services has been
advised by the Fire Chief that there is an adequate water supply for
firefighting operations and acceptable access for firefighting equipment is
available.
7.7
The Owner acknowledges that the Town reserves
the right to revoke or reallocate servicing allocation should construction not
proceed in a timely manner.
7.8
The Owner shall pay their proportionate share of
the Hwy. 48 flow control measures, to the satisfaction of the Director of
Engineering.
8. Architectural Control
8.1
The Owner shall
agree to apply the Generic Architectural Control Guidelines, prepared by
Watchorn Architect Inc., dated June 2001, and retain a control architect to
implement the Architectural Control Guidelines.
8.2
Plans submitted
for model home permits for any building within the plan of subdivision shall
bear an approval stamp identifying the architectural company retained for
architectural control and the signature of the control architect. The approval
stamp shall certify that the floor plans, building elevations and site plans
are designed in accordance with the approved architectural control guidelines.
8.3
The Owner shall
ensure that the design architect for any buildings within the plan of
subdivision shall not also assume the role of control architect for the plan of
subdivision.
9. Easements
9.1 The Owner
shall grant required easements to the appropriate authority for public
utilities, drainage purposes or turning circles, upon registration of the plan
of subdivision. Any off-site easements and works necessary to connect watermains, storm and sanitary sewers to outfall trunks and
stormwater management facilities shall be satisfactory to, and dedicated to,
the Town.
10. Utilities
10.1 The Owner
shall covenant and agree in the subdivision agreement that hydro electric,
telephone, gas and television cable services, and any other form of
telecommunication services shall be constructed at no cost to the Town within
the public road allowances or within other appropriate easements, as approved
on the Composite Utility Plan, to the satisfaction of the Town (Commissioner of
Development Services) and authorized agencies.
10.2 The
Owner shall covenant and agree in the subdivision agreement to enter into any
agreement or agreements required by any applicable utility companies, including
PowerStream, Consumers Gas, telecommunications companies,
etc.
10.3 The Owner shall covenant and agree in the
subdivision agreement to facilitate the construction of Canada Post facilities
at locations and in manners agreeable to the Town of Markham in consultation
with Canada Post, and that where such facilities are to be located within
public rights-of-way they shall be approved on the Composite Utility Plan and
be in accordance with the Community Design Plan.
10.4 The
Owner shall covenant and agree in the subdivision agreement to include on all
offers of purchase and sale a statement that advises prospective purchasers
that mail delivery will be from a designated Community Mailbox. The Owners will further be responsible for
notifying the purchasers of the exact Community Mailbox locations prior to the closing
of any home sale.
10.5
The Owner shall
covenant and agree in the subdivision agreement to provide a suitable temporary
Community Mailbox location(s), which may be utilized by Canada Post until the
curbs, sidewalks and final grading have been completed at the permanent
Community Mailbox locations. This will
enable Canada Post to provide mail delivery to new residents as soon as homes
are occupied.
10.6 Standard
Community Mailbox installations are to be done by Canada Post at locations
approved by the municipality and shown on the Composite Utility Plan. Should the developer propose an enhanced
Community Mailbox installation, any costs over and above the standard
installation must be borne by the developer, and be subject to approval by the
Town in consultation with Canada Post.
10.7
The Owner
covenants and agrees that it will permit any telephone or telecommunication
service provider to locate its plant in a common trench within the proposed
subdivision prior to registration provided the telephone or telecommunications
services provider has executed a Municipal Access Agreement with the Town. The Owner shall ensure that any such service
provider will be permitted to install its plant so as to permit connection to
individual dwelling units within the subdivision as and when each dwelling unit
is constructed.
10.8
The Owner shall
agree in the Subdivision Agreement, in words satisfactory to
10.9
The Owner shall
be required to enter into an agreement (Letter of Understanding) with
10.10
11. Development Charges
11.1
The Owner shall covenant and agree in the
subdivision agreement to pay all fees, recoveries and development charges which
will be finalized at the subdivision agreement stage.
11.2
The Owner shall
covenant and agree in the subdivision agreement to abide by the developers
group agreement and to pay its proportionate share of costs in the event that
the owner has less than its proportionate share of non-utilizable lands on its
plan of subdivision.
11.3
The Owner shall
covenant and agree in the subdivision agreement to pay all recoveries for their
proportionate share of the previously constructed servicing for this area to
the satisfaction of the Town (Commissioner of Development Services) or provide
a release letter from the Developer’s Group.
12. Phase 1 Environmental Assessment
12.1 Prior
to final approval of the draft plan, the Owner shall submit a Phase 1 EA report
prepared by a professional engineering consultant or equivalent, in accordance
with MOEE guidelines or other guidelines as appropriate, to the satisfaction of
the Town. The required decommissioning
of existing wells and septic systems within the subdivision are to be addressed
in the EA report.
13. Heritage
13.1 Prior to
final approval of the draft plan of subdivision or any phase thereof, the
Owners shall carry out a cultural heritage resource assessment for the lands
within the draft plan to ensure the assessment and identification of
appropriate treatment of built heritage and archaeological resources, and
further to mitigate any identified adverse impacts to significant heritage
resources to the satisfaction of the Town (Commissioner of Development
Services) and the Ministry of Culture.
No demolition, grading, filling or any form of soil disturbances shall
take place on the lands within the draft plan prior to the issuance of a letter
from the Ministry of Culture to the Town indicating that all matters relating
to heritage resources have been addressed in accordance with licensing and
resource conservation requirements.
13.2 The Owner
shall covenant and agree in the subdivision agreement to implement any measures
recommended by the heritage resource assessment, to the satisfaction of the
Town and the Ministry of Culture.
14. Other Town Requirements
14.1 The Owner acknowledges and agrees that
firebreak lots within the draft plan shall be designated in the subdivision
agreement, to the satisfaction of the Fire Chief. The Owner shall provide a letter of credit in
an amount to be determined by the Fire Chief at the subdivision agreement stage
to ensure compliance with this condition.
14.2
The adequacy and
reliability of water supplies for firefighting purposes are subject to the
review and approval of the Fire Chief or his designee.
14.3
The Owner covenants
and agrees to purchase from the Town two recycling containers, one green bin
and one kitchen collector per residence so that each purchaser may participate
in the Town’s waste diversion program.
Furthermore, the Owner shall ensure that the recycling containers, green
bins, kitchen collectors and educational materials are deposited in each home
on or before the day of closing.
14.4
The Owner agrees
to contact the Town at least four weeks prior to unit occupancy to arrange an
appointment time in which the recycling containers, green bins, kitchen
collectors and educational materials are to be collected by the Owner.
14.5
The Owner agrees
to pay to the Town the cost for the recycling containers, green bins and
kitchen collectors and to provide said recycling containers, green bins and
kitchen collectors to the purchasers at the same cost as paid by the Town.
14.6
The Town
covenants and agrees to provide, at no cost to the Owner, all educational
materials necessary to enable the purchaser to participate in the Town’s waste
diversion program.
14.7
The Owner
covenants and agrees that during the construction phase of the development,
unobstructed roadway access to a width no less than 6 metres will be provided
for the safe passage of municipal waste and recycling collection vehicles on
the designated collection day.
Furthermore, if required, the Owner shall provide vehicle turning space
that meets the Town’s engineering design standards. The Owner agrees that at times when the above
defined access cannot be provided, the Owner shall be responsible for moving
all residential waste, recyclables and organics from the occupied units to an
agreed upon centralized location at the Owner’s expense, for collection by the
Town.
14.8
The Owner
acknowledges that all waste and recyclable materials will be collected
municipally.
14.9 The
Owner shall covenant and agree in the subdivision agreement to include warning
clauses in agreements of purchase and sale for all units with single car
garages advising purchasers of the following:
·
the Town’s
parking by-law requires a minimum of two parking spaces, one in the driveway
and one in the garage
·
the Town’s zoning
by-law restricts the width of the driveway to a maximum of 3.5 metres, this
width does not allow two cars to park side by side
·
overnight street
parking will not be permitted unless an overnight street parking permit system
is implemented by the Town
14.1
The Owner shall
covenant and agree in the subdivision agreement that construction access will
be restricted to
15. External Clearances
15.1 Prior to
final approval of the draft plan of subdivision, clearance letters, containing
a brief statement detailing how conditions have been met, will be required from
authorized agencies as follows:
(a) The Ministry of Culture shall advise that Conditions
13.1 and 13.2 have been satisfied.
(b)
(c) Canada Post shall advise that conditions 10.3, 10.4
and 10.5 have been satisfied.