APPENDIX ‘A’
RECOMMENDED CONDITIONS OF DRAFT APPROVAL
PLAN OF SUBDIVISION 19TM-95081 (PHASE 1)
(MATRUNDOLA, BLACKMORE, PACITTO AND RIZZI)
1. General
1.1 Approval
shall relate to a draft plan of subdivision prepared by Masongsong Associates
Engineering Ltd., identified as Project Number 93266, dated May 2005, revised
March 6 2007, subject to the following redline revisions:
· Provision of
0.3m reserves in accordance with Condition No. 2.4
· Provision of 5m
roundings at all road intersections
· Deletion of 6
lots on the west side of Everett Street, south of Street “A”
· Block 72 be
identified as a “Future Development Block”
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 304-87 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 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 end of Street ‘A’ where it abuts
Phase 2 of the plan of subdivision (future development lands), including Blocks
73 to 75, inclusive, and Block 76 to the
Town, free of all costs and encumbrances, upon registration of the plan of
subdivision.
3. Landscaping
3.1 Prior to final approval
of the draft plan, the Owner shall submit landscape plans based on the approved
Wismer Commons Design Plan, to the satisfaction of the Town. 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) privacy fencing in exterior side yards
of residential lots abutting roadways
c) 1.5m black vinyl chain link fencing
along the rear property line of Lots 1 to 11 and Block 64
d) noise attenuation fencing in accordance
with the approved noise study, wholly on residential lots
e) any other landscaping as determined by
the Wismer Commons Design Plan
3.2 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.
3.3 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 fencing, streetscape, and other landscaping
requirements.
3.4 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 2.1.
3.5 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
UDNERTAKE AND BEAR THE COST OF THE FOLLOWING ITEMS:
·
STREET TREES (TREES PLANTED
IN THE TOWN BOULEVARD)
·
CORNER LOT FENCING
·
REAR LOT LINE FENCING AT
LANES (IF SPECIFICALLY REQUIRED BY THE TOWN)
·
TREE PLANTING IN REAR YARDS
ADJOINGING THE LANES (IF SPECIFICALLY REQUIRED BY THE TOWN)
·
NOISE ATTENUATION FENCING AS
IDENTIFIED IN THE NOISE IMPACT STUDY
·
FENCING OF SCHOOL, PARK,
WALKWAY AND STORMWATER MANAGEMENT POND BLOCKS
·
BUFFER PLANTING FOR OPEN
SPACE, WALKWAY AND STORMWATER MANAGEMENT POND BLOCKS AND SINGLE LOADED STREET
ALLOWANCES
·
SUBDIVISION ENTRY FEATURES
AND DECORATIVE FENCING AS IDENTIFIED ON LANDSCAPE PLANS APPROVED BY THE TOWN.
THE DEVEOPER HAS BORNE THE COST OF THESE ITEMS AND THE HOME PURCHASER
IS NOT REQUIRED TO REIMBURSE THIS EXPENSE.”
3.6 The Owner shall provide to the Town,
prior to the issuance of building permits, a certificate from the
purchasers/builders of lots certifying that the warning clause identified in
Condition 3.8 has been included in all agreements of purchase and sale.
4. Woodlot
Preservation
4.1 The Owner shall acknowledge in the
subdivision agreement that the Town’s Official Plan and Wismer Commons
Secondary Plan designate a portion of the woodlot on Block 72 Environmental
Protection Area and Open Space/Environmentally Significant Area respectively.
4.2 The Owner shall agree in the subdivision
agreement to preserve a portion of the woodlot, including a 10m environmental
buffer, on Block 72 (in private or public ownership) in accordance with the
woodlot evaluation report prepared by Harrington and Hoyle Ltd., dated February
7, 1998.
4.3 The Owner
shall agree in the subdivision agreement that Block 72 shall not be zoned to
permit development until a detailed development proposal is approved by the
Town, with provisions for the retention of the identified portion of the
woodlot, to the satisfaction of the Town.
4.4 The Owner shall agree in the subdivision
agreement that no trees will be removed from Block 72 until the block is
rezoned and site plan approved to permit development.
4.5 The Owner shall agree in the subdivision
agreement that should the woodlot on Block 72 be conveyed into public ownership,
that provision shall be made in Phase 2 of the proposed plan of subdivision for
pedestrian access to the woodlot from Hammersly Boulevard, to the satisfaction
of the Town.
4.6 The Owner shall include Block 72 with the
residential portion of Phase 1 on the final 65M plan so that the above
requirements related to the woodlot and commercial lands can be included in the
subdivision agreement and registered on title to this Block.
5. Noise
Impact Study
5.1 Prior
to final approval of the draft plan, the Owner shall submit a detailed Noise
Impact Study, prepared by a qualified noise consultant, with recommended
mitigation measures for noise generated by road traffic on Markham Road/Hwy. 48
and Edward Jeffreys Avenue and by any
other identified noise sources (eg., future commercial uses on Block 72), to
the satisfaction of the Town, in consultation with the Region of York. The
Owner further agrees to make any revisions to the draft plan that may be
required to achieve the recommendations of the detailed Noise Impact Study.
5.2 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), in consultation with the Region of York. The Owner will be responsible for including
all noise warning clauses in the Offers of Purchase and Sale, for affected lots
including any Offers of Purchase and Sale entered into prior to execution of
the subdivision agreement.
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 and the Toronto and Region Conservation Authority. 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 covenant and agree in the subdivision agreement to undertake, in
conjunction with the other landowners in the Wismer Commons Developers’ Group,
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.
7. Municipal Services
7.1 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.
7.2 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 service
the lands, except that building permits may be issued for model homes upon
terms and conditions established by the Town (Commissioner of Development
Services).
7.3 The Owner shall satisfy the Town with
respect to any and all financial obligations for external municipal works prior
to release for registration of the plan of subdivision.
7.4 The Owner shall covenant and
agree to pay for the relocation of existing service connections on abutting
roads owned by the Town and for the relocation of any infrastructure within the
abutting roads, if required, to the satisfaction of the Director of Engineering.
7.5 Prior to registration of this draft plan of subdivision, the Owner shall provide the necessary storm and sanitary sewers external to the plan of subdivision, including all required easements, to ensure adequate storm and sanitary outfalls.
7.6 The
Owner shall covenant and agree in the subdivision agreement that the public
highways, curbs, gutters, sidewalks, underground and aboveground services,
street lights, street signs, etc, shall be designed in accordance with the
Town’s design criteria, standards and general engineering principles and
establish municipal standards to the satisfaction of the Town (Commissioner of
Development Services)
7.7 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).
7.8 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, erosion and sedimentation control plans, etc. to the satisfaction
of the Town (Commissioner of Development Services).
7.9 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.
7.10 The Owner shall covenant and agree in the
subdivision agreement to obtain a Site Alteration approval in accordance with
By-Law 2006 – 97.
7.11 The
Owner acknowledges and agrees that the servicing allocation for this plan of
subdivision (61 units) is part of the total allocation to the Wismer Commons
Developers’ Group as identified in the Markham Council resolution dated June
27, 2006.
7.12 The
Owner acknowledges that the Town reserves the right to revoke or reallocate
servicing allocation should construction not proceed in a timely manner, or in
accordance with on-going monitoring to ensure a reasonable distribution of
servicing allocation among landowners in the Wismer Commons Community, in
consultation with the Developers’ Group.
7.13 The Owner shall pay $100.00 per unit as their proportionate share of the cost of the Hwy. 48 Flow Control System which is required to create the sanitary sewer capacity for this project.
8. Community Design Plan
9. Traffic Impact Study
9.1
An update dated May 2003 to the
Wismer Commons Internal Traffic Study and the Wismer Commons Phasing Plan
Traffic Impact Study as prepared by Entra Consultants, has been submitted to
the satisfaction of the Town. The Owner
covenants and agrees that the recommendations, requirements and criteria of
both studies shall be incorporated into the final plan and the subdivision
agreement.
9.2 The
Owner understands that the Town reserves the right to require updates to the
1998 Wismer Internal Traffic Study and Wismer Traffic Phasing Plan to update
the delivery of necessary infrastructure with the development schedule. The Owner agrees to provide, in conjunction
with the other landowners in the Wismer Commons Developers’ Group, these
updates as required by the Town.
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
Power Stream, Enbridge, 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.
11.8 The Owner covenants and agrees to provide
easements for utilities/telecommunications/vaults as required by the Town to
the satisfaction of the Town.
11.9 The Owner
covenants and agrees to advise all utility and telecommunications carriers that
plans for medium and large sized vaults are to be submitted to the Town for
review and approval. Drawings are to be
approved by the Commissioner of Development Services and are to include
location, grading, fencing, landscaping, access, elevations, etc.
12. Development Charges
12.1 The
Owner covenants and agrees to provide written notice of all development charges 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 as set out in the subdivision
agreement.
13. Environmental Assessment
13.1 The
Owner covenants and agrees that prior to any lands being conveyed to the Town
and the execution of a subdivision agreement:
a) to submit an Environmental Site Assessment
(ESA) Phase I report, prepared by a Qualified Person in accordance with the
Record of Site Condition Regulation (O. Reg. 153/04) describing the current
conditions of all lands and any proposed remedial action plan.
b) at the completion of any necessary site remediation process,
to submit certification from the Qualified Person that the necessary clean up
has been carried out and that all lands, including the lands to be conveyed to
the Town, meet the Site Condition Standards of the intended land use;
c) file a Record of Site Condition on the
Provincial Environmental Site Registry for the lands to be conveyed to the
Town; and
d) pay all costs associated with the Town
retaining a third-party reviewer for the peer review service.
14. Heritage
14.1 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 (Heritage Branch). 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 (Heritage Branch) to
the Town indicating that all matters relating to heritage resources have been
addressed in accordance with licensing and resource conservation requirements.
14.2 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 (Heritage Branch).
15. Other Town Requirements
15.1 Prior
to final approval of the draft plan or any phase thereof, the Owner shall enter
into a Developers Group Agreement(s) to ensure the provision of community and
common facilities such as school sites, municipal services, parks and public
roads in the Wismer Commons Secondary Plan PD 36 area, to the satisfaction of
the Town (Commissioner of Development
Services and Town Solicitor), and 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.
15.2 Prior
to final approval, the Trustee of the Wismer Commons Developers’ Group
agreement shall deliver a release to the Town indicating the Owner has
satisfied all conditions of the Group agreement and the Trustee has no
objection to the registration of this draft plan of subdivision.
15.3 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.
15.4 The Owner
shall covenant and agree in the subdivision agreement that Blocks 64 to 71,
shall be developed only in conjunction with abutting Blocks in plan of
subdivision 19TM-01020 (Wynberry Dev. Inc.) and that no building permits will
be issued for said blocks until combined with the abutting blocks to create
building lots in conformity with the zoning by-law and all applicable fees have
been paid.
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
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
16. Region of York
16.1
The Region shall confirm that adequate
water supply capacity and sewage treatment capacity are available and have been
allocated by the Town of Markham for the development proposed within this draft
plan of subdivision or any phase thereof..
16.2 The owner shall
enter into an agreement with the Regional Municipality of York, 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.
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 Planning Department shall
advise that Conditions 2.1, 5.1, 5.2, 16.1 and 16.2 have been satisfied.
b) The Toronto and Region Conservation Authority shall advise that
Condition 6.1 has been satisfied.
c) The Ministry of
Culture (Heritage Branch) shall advise that Conditions 14.1 and 14.2 have been
satisfied.
Q:\Development\Planning\APPL\SUBDIV\02111460 Matrundola PacittoRizzi BlackmoreCon\condapprPH1.doc