APPENDIX ‘A’
RECOMMENDED CONDITIONS OF DRAFT APPROVAL
PLAN OF SUBDIVISION 19TM-04003
(Eastern Creative
Group Ltd)
1. General
1.1 Approval shall relate to a draft plan of subdivision prepared by R. Avis Surveying Inc, identified as Project Number 2051-0, dated March 24, 2006, incorporating the following redline revisions:
· Provide 0.3m reserve at north and south limit of Street 'B’
· Provide required roundings at the intersection of Streets ‘A’ and ‘B’
· Any revisions resulting from the approved noise study
· Any revisions resulting from the approved functional design plan.
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 ------------- unless extended by the Town upon application by the Owner.
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 47-85 and 177-96 to implement the plan shall have come into effect in accordance with the provisions of the Planning Act.
1.5 The Owner shall covenant and agree in the subdivision agreement that the Holding Zoning (H) provision shall not be removed by the Town, and that building permits shall not be sought or issued for any dwelling units within the draft plan for which servicing allocation has not been confirmed by the Town.
1.6 The Owner shall pay $100.00 per unit for Hwy 48 flow control levies upon execution of the subdivision agreement.
1.7 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.
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 Owner shall convey 0.3m reserves at the north and south limits of Street ‘B’ to the Town, free of all costs and encumbrances, upon registration of the plan of subdivision.
2.5 The Owner shall covenant and agree in the subdivision agreement to provide temporary turning circles where required at their cost and remove them and restore the streets to their normal condition at their cost when required by the Town, to the satisfaction of the Town (Commissioner of Development Services). The design of the temporary turning circles, and any implications on surrounding land use, shall be addressed in the subdivision agreement to the satisfaction of the Town.
2.6 The Owner shall acknowledge and agree in the subdivision agreement to construct Street ‘A’ (culminating at a temporary turning circle) and provide a letter of credit for the construction of Street ‘B’. The Owner shall further acknowledge and agree to construct Street ‘B’ as and when requested by the Town.
2.7 The Owner acknowledges
that the Town is accepting an 11.5 metre substandard right-of-way for Street
‘A’ until the lands to the north of the subdivision are developed. The Owner
agrees to design Street ‘A’ both for interim and permanent conditions. The interim condition should be designed in
such a way that when the additional 11.5m of right-of-way are obtained through
future development of the lands to the north, the transition from the interim
11.5m substandard road to the permanent 23.0m standard road, as per the Town’s
requirements, is possible with the least amount of disturbance to the existing
road.
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 Old
Kennedy Road and Street ‘A’
and by any other identified noise sources, to the satisfaction of the Town. The
Owner further agrees 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 fences over 2.0m high, the draft plan of
subdivision may need to be revised to allow for berming or other alternative
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/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) prior to the issuance of building permits.
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 submit overall Streetscape and Landscape Plans, to the satisfaction of the Commissioner of Development Services, prior to the execution of the subdivision agreement. These plans are to be prepared by a qualified landscape architect in good standing with the O.A.L.A. and shall 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);
b) 1.8 metre high wood privacy fencing or other suitable buffer screenings where residential lots abut multiple family dwellings, retail/commercial areas, community amenity area and other non-residential areas;
c) noise attenuation fencing, where required, wholly on residential lots;
d) flankage privacy fencing on end units on blocks abutting lanes and roadway, wholly on residential lots;
e) any subdivision entrance features must not be on Town property.
4.5 The Owner shall covenant and agree in the subdivision agreement to provide cash-in-lieu of street trees for Street ‘B’ within the draft plan.
4.6 The Owner shall covenant and agree in the subdivision agreement 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.
4.7 The Owner shall convenant and agree in the subdivision agreement to install all required streetscape and landscaping works and to secure the works with a letter of credit to ensure compliance, in an amount to be determined.
4.8 The Owner shall covenant and agree 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.
4.9 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 4.4.
4.10 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 REQUIRED 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
· SUBDIVISION ENTRY FEATURES AND DECORATIVE FENCING AS IDENTIFIED ON LANDSCAPE PLANS APPROVED BY THE TOWN.
THE DEVELOPER HAS BORNE THE COST OF THESE ITEMS AND THE HOME PURCHASER IS NOT REQUIRED TO REIMBURSE THIS EXPENSE.”
4.11 The Owner agrees to include in all offers of purchase and sale for all lots within this plan of subdivision, the following clause:
“PURCHASERS ARE
ADVISED THAT STREET TREE(S) MAY BE PLANTED ON THE
5. Parks and Open Space
5.1 The Owner shall covenant and agree in the subdivision agreement to pay cash-in-lieu of parkland at a rate of 1 hectare per 300 units for residential development, capped at 1.2141 ha (3 acres) per thousand population.
5.2 The Owner agrees to provide an appraisal report of the land value of the property prior to the execution of the subdivision agreement. The report must be prepared by a member of the Appraisal Institute of Canada, Ontario Association and submitted to the Commissioner of Development Services.
5.3 The Owner shall covenant and agree to rough grade, topsoil, seed and maintain (free of stock piles and debris) all vacant lands within the subdivision to the satisfaction of the Town. The vacant blocks shall be maintained until such time as the ownership of the blocks has been transferred.
5.4 The Owner acknowledges that the works identified in clause 5.3 not be completed and maintained to the satisfaction of the Commissioner of Development Services, the Town will do the work as required and draw on the letters of credit for all costs so incurred.
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. The Owner will be required to submit the preliminary overland flow routes
for comments. Overland flow will not be
allowed between lots; additional walkways may be required.
6.2 The Owner shall covenant and agree in the subdivision agreement to undertake the monitoring of watercourse temperatures which may be affected by storm drainage from its development, subject to consultation with, and to the satisfaction of the Town.
6.3 The Owner shall covenant and agree in the subdivision agreement to obtain approval of an Erosion and Sediment Plan in accordance with the Town’s standards prior to proceeding with any on-site works and more particularly topsoil stripping.
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.
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 Standards 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 Standards 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.
8. Urban Design/Architectural Control
8.1 The Owner shall
agree to use the Town of
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. Functional
9.1 Prior to the final approval of the draft plan, the Owner agrees to submit a functional design of the Old Kennedy Road/Street ‘A’ intersection, as well as the Street ‘A’/Street ‘B’ intersection, including the interim and long-term designs, to confirm property requirements.
10. Easements
10.1 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.
11. Utilities
11.1 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 as underground facilities 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.
11.2 The Owner shall covenant and agree in the subdivision agreement to enter into any agreement or agreements required by any applicable utility companies, including Markham Hydro, Consumers Gas, telecommunications companies, etc.
11.3 The Owners 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.
11.4 The Owners 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.
11.5 The Owners 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.
11.6 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.
11.7 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.
12. Development Charges,
Recoveries and Fees
12.1 The Owner covenants and agrees to provide written notice of all development charges, recoveries and fees related to the subdivision development, including payments made and any amounts owing, to all first purchasers of lands within the plan of subdivision at the time the lands are transferred to the first purchasers.
12.2 The Owner shall pay all fees and development charges which will be finalized in the subdivision agreement. These lands are contained within Area 8 (Milliken Mills) of the proposed Development Charges By-law identifying the Area-Specific Development Charges (ASDC) as may be applicable. The Owner shall agree in the subdivision agreement to pay all applicable ASDC or in the event that the ASDC By-law has not been passed, the Owner shall agree to pay an equivalent Local Service Contribution in lieu of the ASDC charges. The financial contribution will not be eligible for credits toward the development charges. Should the final ASDC charge be higher than the Local Service Contribution, the Owner shall be responsible for paying the difference between the Local Service Contribution and the final ASDC amount.
12.3 The Owner shall agree to pay all recoveries for their proportionate share of previously constructed servicing for this area, and provide clearance letters from the appropriate parties, to the satisfaction of the Town (Commissioner of Development Services).
12.4 Prior to final approval of the draft plan or any phase thereof, the Owner shall enter into a Developers Group Agreement, or alternative agreement, to ensure the provision of community and common facilities such as school sites, municipal services, parks and public roads in the Milliken Main Street Secondary Plan (PD 2-4) area, to the satisfaction of the Town (Commissioner of Development Services and Town Solicitor). A certificate confirming completion of such agreement(s) shall be provided to the Town by the Developers Group Trustee to the satisfaction of the Town Solicitor.
13 Environmental
Assessment
13.1 Prior to final approval of the draft plan, the Owner shall:
i.
submit environmental site assessment reports prepared
by a Qualified Person in accordance with the Record of Site Condition
Regulation (O. Reg. 153.04) describing the current conditions of the land (to
be conveyed to the Town) and any
proposed remedial action plan, for peer review and concurrence;
ii.
at the completion of any necessary site remediation
process, submit certification from the Qualified Person that the necessary
clean up has been carried out and that the land to be conveyed to the Town
meets the Site Condition Standards of the intended use;
iii.
file a Record of Site Condition on the Provincial
Environmental Site Registry for the land to be conveyed to the Town, and
iv.
pay all costs associated with the Town retaining a
third-party reviewer for the peer review service.
13.2 The Owner shall covenant and agree in the subdivision agreement that if during construction of any infrastructure of building within the subdivision, contaminated soils are discovered, the Owner shall submit a further remedial action plan to the Town for peer review and concurrence prior to carrying out the clean up, to the satisfaction of the Director of Engineering.
13.3
The required decommissioning of existing wells and
septic systems within the subdivision are to be addressed in the EA report.
14 Heritage
14.1 The Owner shall advertise in a local newspaper at their expense, the availability of the heritage building for relocation or the salvage of materials.
14.2 The Owner shall agree to allow Town
(Heritage Section) staff the opportunity to conduct a site visit to the
premises and undertake historical and architectural documentation of the
dwelling prior to demolition.
15 Other
Town Requirements
15.1 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.
15.2 The Owner acknowledges and agrees that the adequacy and reliability of water supplies for firefighting purposes are subject to the review and approval of the Fire Chief or his designee.
15.3 The Owner acknowledges and agrees that final approval of the draft plan of subdivision may be issued in phases provided that:
a) phasing is proposed in an orderly progression generally consistent with the phases identified in the approved Development Phasing Plan; and
b) all concerned government agencies agree to registration by phases and provide the clearances as required in Condition 17 for each phase.
15.4 The Owner shall covenant and agree in the subdivision agreement to include warning clauses in agreements of purchase and sale for all units within the subdivision, advising that Street ‘A’ and Street ‘B’ will ultimately be constructed to an ultimate 23m right-of-way extending from Old Kennedy Road to Steeles Avenue.
15.5 The Owner shall covenant
and agree in the subdivision agreement to include warning clauses in agreements
of purchase and sale for all units within Block D, advising that an additional
townhouse unit may be constructed at the east limit of the townhouse block once
the road is extended to
15.6 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
15.7 The Owner
shall covenant and agree in the subdivision agreement that construction access
will be restricted to
15.8 In the event the plan of subdivision is registered prior to the Release for Construction of Services, the Owner agrees prior registration of the plan of subdivision to post all required financial securities for delivering municipal services.
15.9 In the
event the plan of subdivision is registered prior to Release for Construction
of Services, the Owner acknowledges and agrees that any changes to the
engineering drawings are to be approved by the Director of
15.10 The Owner shall provide cross-use easements
for the driving aisle within the parking lot in Block A for future lane access
to adjacent properties.
16. Region
of
16.1 York Region shall confirm
that adequate water supply capacity and sewage treatment capacity are available
and have been allocated by the Town of
16.2 Subject
to approval by YRT, a passenger standing area shall be provided at the
following location:
|
|
|
Location |
Standard |
|
Old |
Street A |
SE corner |
YRT-1.01 |
The passenger
standing area shall be provided at no cost to York Region and concurrent with
construction of any necessary sidewalks.
16.3 The
owner shall agree in the subdivision agreement that the required passenger
standing area shall be installed to the satisfaction of the area municipality
and York Region Transit. Landscaping
should not interfere with the bus stop, passenger standing area or corner
sightlines.
The bus stop
location determined during the design phase is subject to change. Prior to construction of the passenger
standing area, the consultant needs to confirm with YRT the final bus stop
location/requirements. The consultant
is to contact our facilities supervisor - Ann Marie Carroll at (905)762-1282 ext.
5677 to confirm final details.
16.4 Prior to Final Approval, the owner shall submit drawings showing
the passenger standing area to the satisfaction of York Region.
16.5 The owner shall agree in the subdivision
agreement to advise all potential purchasers of the current transit services along
16.6 The owner shall enter into an agreement with the York Region, agreeing to
satisfy all conditions, financial and otherwise, of the Regional Corporation;
Regional Development Charges are payable prior to final approval in accordance
with By-laws DC-0005-2003-050
and DC-0005(a)-2005-060.
16.7 The Region of
17. External Clearances
17.1 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 Regional
Municipality of York
b) Canada Post shall advise that Conditions 11.3 to 11.6 inclusive, have been satisfied.