Report to: Development Services Committee Report Date: November 18, 2008

SUBJECT: Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3716, 65M-3926, 65M-3925, Part 1 Plan 65R-29263, Parts 1 and 2 65R-29280, 65M-3594, 65M-3697, 65M-3698, 65M-3799, 65M-3834 and 65M-3425

PREPARED BY: Kevin Young, Manager, Municipal Inspections ext. 3050

RECOMMENDATION:

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3716, 65M-3926, 65M-3925, Part 1 on Plan 65R-29263, Parts 1 and 2 on Plan 65R-29280, 65M-3594, 65M-3697, 65M-3698, 65M-3799, 65M-3834 and 65M-3425, dated November 18, 2008, be received;

And that the municipal services in Subdivision Registered Plan Numbers 65M-3716, 65M-3926, 65M-3925, Part 1 on Plan 65R-29263, Parts 1 and 2 on Plan 65R-29280, 65M-3594, 65M-3697, 65M-3698, 65M-3799, 65M-3834 and 65M-3425, be Accepted for Maintenance;

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

And that the Community Services Commission accepts the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system;

And that the Acceptance for Maintenance Period commence July 1, 2008;

And that acceptance of the subdivision be taken into consideration in future operating budgets;

And that the by-law to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stops to the indicated streets, be approved;

And that the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved;

And that the by-law to amend Schedule ‘C’ of the Parking of Vehicles By-law # 2005-188, by including prohibited parking on the streets indicated, be approved;

And that the by-law to amend Schedule ‘E’ of the Parking of Vehicles By-Law #2005-188, by including no stopping anytime on the streets indicated, be approved;

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed;

And that Staff be authorized and directed to do all things necessary to give effect to these resolutions.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Provision within future Community Services Commission budgets will be required to cover cost of maintenance and operations of the additional municipal infrastructure.

PURPOSE:

This report recommends the Acceptance for Maintenance of certain residential plans of subdivision, completed in accordance with the terms and conditions of the subdivision agreements, and recommends the Town assume responsibility for the operation and maintenance of the municipal infrastructure within these plans. The report also recommends the implementation of amendments to traffic control by-laws that include speed, stop and parking control on streets within the subdivisions.

BACKGROUND:

The construction of municipal services and infrastructure within the plans of subdivision have been completed in accordance with the terms and conditions of the subdivision agreements and to the satisfaction of the Development Services Commission in consultation with other internal commenting departments. In accordance with the conditions of the subdivision agreements, it is now appropriate that the Town assume, from the Developer, the responsibility for the maintenance and operation of the municipal services and transportation infrastructure within these plans. Upon placing the subdivisions on “Acceptance for Maintenance”, the Developers will be required to guarantee the municipal infrastructure for a further period of time (two years) against any deficiencies or failures, after which each subdivision may be assumed by the Town.

OPTIONS/ DISCUSSION:

Construction of public works completed

The construction of the public works for each subdivision has been completed to the Town’s satisfaction and in accordance with the subdivision agreement. All documentation, including the Consulting Engineer’s Certificate confirming the completion of all engineering services to Town standards and the overall grading plan, Owner’s Statutory Declaration regarding payments with respect to the installation of the under ground and above ground services, and Land Surveyor Certificate confirming the re-establishment of all survey monuments and bench marks, has been received.

Additional infrastructure inventory to be maintained

Within the subdivisions, there exists 11.66 kilometers of roads, 1.14 kilometers of lanes, 15.23 kilometers of sidewalk, 10.29 kilometers of sanitary sewers, 11.00 kilometers of storm sewers, 12.61 kilometers of water main, 1,420 street trees, 344 street lights and 2.09ha of parkland which will require maintenance by the Community Services Commission and be budgeted for in future budgets.

Acceptance for Maintenance Date

The date for Acceptance for Maintenance has been established as of July 1, 2008 which reflects the date the developments were eligible for acceptance.

Amendments to speed, stop and parking control by-laws

Upon the ‘Acceptance for Maintenance’ of the roads, it is important to ensure that all applicable traffic control bylaws are adopted to ensure safe and efficient traffic flow. The recommended amendments to by-laws 105-71, 106-71 and 2005-188 are attached to this report for adoption.

Public highway bylaw to be passed

A by-law should be enacted by Council to establish each street within the residential subdivision as a public highway of the Town of Markham.

FINANCIAL TEMPLATE: (external link)

Not Applicable

ENVIRONMENTAL CONSIDERATIONS:

The municipal services and infrastructure have been designed and constructed in accordance with the Town’s design criteria and standards including all applicable environmental approvals and permits.

ACCESSIBILITY CONSIDERATIONS:

The subdivisions have been constructed in accordance with the Town approved designs, design criteria and standards including the installation of sidewalks, walkways and curb cuts at all road crossings to provide pedestrian access and mobility.

ENGAGE 21^ST CONSIDERATIONS:

Proper construction and maintenance of municipal infrastructure is being achieved.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Community Services Commission is to assume maintenance of the infrastructure within these plans. The Legal Department is to prepare a by-law to be enacted by Council to establish each of the roads within these plans as public highways of the Town of Markham. The Mayor and Clerk are to execute the necessary releases from the terms of the Subdivision Agreements subject to confirmation from the Director of Engineering that the final two-year guarantee periods have been completed.

RECOMMENDED BY:

________________________ ________________________

Alan Brown, C.E.T. Jim Baird, M.C.I.P., R.P.P.

Director, Engineering Commissioner, Development Services

ATTACHMENTS:

Figure 1: Subdivision Location Map:

Attachment ‘A’	Kalz Homes Markham Ltd.	Plan 65M-3716
Attachment ‘B’	Lasseter Developments Inc.	Plan 65M-3926
Attachment ‘C’	Jolis Investments (Ontario) Limited	Plan 65M-3925, Part 1 on Plan 65R-29263, Parts 1 and 2 on Plan 65R-29280
Attachment ‘D’	Humbold Properties Limited (Greensborough, Phase 1/1B)	Plan 65M-3594
Attachment ‘E’	Humbold Properties Limited (Greensborough, Phase 1C)	Plan 65M-3697
Attachment ‘F’	Humbold Properties Limited (Greensborough, Phase 1D)	Plan 65M-3698
Attachment ‘G’	Humbold Properties Limited (Greensborough 2A1)	Plan 65M-3799
Attachment ‘H’	Humbold Properties Limited (Greensborough 2A2)	Plan 65M-3834
Attachment ‘I’	Forest Bay Homes Ltd. (Armadale East 3 – Phase 7)	Plan 65M-3425