APPENDIX ‘A’
Town of
THE CONDITIONS OF THE COUNCIL OF THE
TOWN OF
TO BE SATISFIED PRIOR TO RELEASE FOR
REGISTRATION OF PLAN OF SUBDIVISION 19TM-040016
(SPRINGHILL MACWOOD HOMES
INCORPORATED) ARE AS FOLLOWS:
1. General
1.1 Approval shall relate to a draft plan of
subdivision prepared by Walker, Nott, Dragicevic Associates Limited, identified
as Project Number 07.543, dated
1.2 The
Owner acknowledges that the unit counts listed for Blocks 1, 2, 3 and 5 are not
part of this approval, and shall be determined, in accordance with the Cornell
Secondary Plan, at the time of site plan approval of development within these
blocks.
1.3 Prior
to issuance of draft plan approval, the Owner shall enter into an agreement
with the Town of
A. Not enter
into any agreements of purchase and sale with end users (defined as the
eventual homeowner who is purchasing an individual dwelling unit for the
purpose of occupancy) for units beyond the first 289 units, until such time
as:
a. York Region has advised in writing that it
is no earlier than twelve (12) months prior to the
expected completion of the Duffin Creek Water Pollution Control Plant expansion
project and the Southeast Collector Trunk Sewer project; and
The Council of the Town of
or
b.
the Town of
or
c. the Regional Commissioner of Transportation and Works confirms servicing
capacity for this development by a suitable alternative method and the Town of
AND
B. Not
enter into any agreements of purchase and sale with non end users for
the subject lands unless the agreement of purchase and sale contains a
condition that requires the purchaser and any subsequent purchasers to enter
into a separate agreement with the Town of Markham, which agreement shall be
registered on title, committing the owner to the same terms as set out in item
A above.
1.4 Prior to draft plan approval, the Owner shall enter
into an indemnity agreement with York Region, which agreement shall be
registered on title, agreeing to save harmless York Region from any claim or
action as a result of York Region releasing conditions and pre-conditions of
draft approval as part of the draft approval of Plan of Subdivision 19T-04M16
by the Town of Markham, including, but not limited to claims or actions
resulting from, water or sanitary sewer service not being available when
anticipated. The agreement shall include
a provision that requires all subsequent purchasers of the subject lands, to
enter into a separate agreement with York Region as a condition of the
agreement of purchase and sale, agreeing to indemnify York Region on the same
terms and conditions as the Owner.
1.5 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.
1.6 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.
1.7 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
1.8 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 Developers
Group Trustee and the Town.
1.9
The Owner acknowledges and agrees that the
draft plan of subdivision and associated conditions for draft approval may
require revisions, to the satisfaction of the Town (Commissioner of Development
Services) to implement or integrate any recommendations resulting from studies
require as a condition for draft approval, including, but not being limited to,
the following:
§
Changes to roads geometry, lotting
pattern, service blocks, easements, etc., that are required to resolve
engineering issues which may arise from review and approval of the detailed
engineering submission.
§
Integration of any Town owned lands, if
acquired by the Owner.
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 the following 0.3m reserves to the Town, free of all costs
and encumbrances, upon registration of the Plan of Subdivision:
(a)
Easterly end of
Street ‘A’;
(b)
Easterly end of
Street ‘B’;
(c)
Easterly end of
Street ‘C’;
(d)
Northerly and
Southerly ends, and
(e)
Northerly limits
of Block 5 at the intersection of
2.5 Temporary Turning Circles and/or Lanes:
(a) The Owner acknowledges and agrees to provide temporary
turning circle at the northerly end of Street ‘D’, and temporary turning
circles and/or lanes where else required at their cost and shall grant required
easements upon registration of the Plan of Subdivision, 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.
(b) The Owner also acknowledges and agrees to remove the above
turning circles and/or lanes 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).
(c) The design of the temporary turning circles and/or lanes, and
any implications on surrounding land use, shall be addressed at the detailed
engineering submission to the satisfaction of the Town (Commissioner of
Development Services).
(a) The
Owner acknowledges and agrees to design and re-align Cornell Centre Boulevard
along the east side of the Plan, that is external to the Plan, as a 2-lane
22.0m ROW, tapering to a 17.25m ROW adjacent to the woodlot, on the east limits
of the road, to the satisfaction of the Town (Commissioner of Development
Services).
(b) The
Owner acknowledges and agrees to design and re-align a transition for Cornell
Centre Boulevard north of the Plan from existing 20.0m 4-lane ROW to 22.0m
2-lane ROW, to the satisfaction of the Town (Commissioner of Development
Services).
(c) The Owner acknowledges and agrees to
design and re-align the intersection of
2.7 Street
‘D’:
(a) The
Owner acknowledges and agrees to design Street ‘D’ as a 22.0m ROW, and
constructed to the full extent on the Plan, with a full 5.0m width boulevard on
the east side of the road, to the satisfaction of the Town (Commissioner of
Development Services).
The boulevard on
the west side will be completed, to the full 5.0m width, by the Owner of the
adjacent lands west of the Plan, when such lands are developed, to the
satisfaction of the Town (Commissioner of Development Services).
(b) The
Owner acknowledges and agrees to design and construct Street ‘D’ to Hwy 7, as
per the Traffic Impact Study Report entitled “Springhill Homes Development,
Traffic Impact Study, Final Report”, dated February 2009, by Entra Consultants,
to the satisfaction of the Town (Commissioner of Development Services).
(c) The
Owner acknowledges and agrees to acquire the lands to extend Street ‘D’ to Hwy
7 to the satisfaction of the Town (Commissioner of Development Services).
The timing of the acquisition and construction of Street ‘D’ to Hwy 7 shall be
based on the recommendations of a traffic phasing analysis to be submitted as an
addendum to the Traffic Impact Study entitled “Garden Homes, Spring Hill Homes
Development, Traffic Impact Study, dated February 2009, by Entra Consultants”
referred to in Condition 12.1 to the satisfaction of the Town (Commissioner of
Development Services) and the Region of York
(d) The Owner acknowledges and agrees to
design and construct the intersection of Street ‘D’ and Hwy 7, to the
satisfaction of the Town (Commissioner of Development Services) and the Region
of York.
2.8 ROW
Rounding:
The Owner acknowledges and agrees to provide ROW
rounding at all roads intersections in accordance with the Town’s standards and
design criteria and to the satisfaction of the Town (Commissioner of
Development Services) as follows:
|
Intersection |
ROW Radius |
Curb Radius |
|
Street “A”/Street “D” |
7.5m |
7.5m |
|
Street “A”/ |
7.5m |
7.5m |
|
Street “B”/Street “D” |
7.5m |
7.5m |
|
Street “B”/ |
7.5m |
7.5m |
|
Street “C”/Street “D” |
5.0m |
7.5m |
|
Street “C”/ |
5.0m |
7.5m |
3.0
Noise Impact
Study
3.1 The
Owner shall submit, at the time of the first submission of the detailed
engineering drawings, a Noise Impact Study, prepared by a qualified noise
consultant, with recommended mitigation measures for noise generated by road
traffic and by any other identified noise sources, 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 Noise Impact Study.
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), in consultation with the Region of York.
4.0
Tree Inventory
and Preservation Plans
4.1
The Owner shall
submit for approval a tree inventory and tree preservation plan to the
satisfaction of the Director of Planning and Urban
4.2
The Owner shall
submit a site grading plan showing the trees to be preserved based on the
approved Tree Preservation Plan prior to the issuance of a Site Alteration Permit to the satisfaction
of the Director of
4.3
The Owner shall
obtain written approval from the Director of Planning and Urban
5.0
Community
5.1
The Owner shall
implement and incorporate all requirements of the approved Cornell Community
5.2
The Owner shall
comply with the Cornell Community Architectural Control Guidelines prepared by
Watchorn Architect Inc., dated July 2003.
5.3
The Owner shall
prepare an addendum to the Community Architecture Guidelines prepared by
Watchorn Architect Inc. dated July 2003 that address specific design guidelines
to identify and address the characteristics within this phase of development
within the Cornell Community. The
addendum will include a priority lot Plan.
5.4
The Owner shall
retain a design consultant to implement the Architecture Guidelines.
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.
5.5
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.
5.6
The Owner shall
prepare a Comprehensive Block Plan based on the requirements of the Cornell Secondary
Plan to be submitted for approval (prior to site plan approval for any of the
development blocks within the plan of subdivision) to the satisfaction of the
Director of
6.0
Parks and Open
Space
6.1
Upon final
approval of Blocks 1 and 2, the Owner shall convey Block 4 to the Town for park
purposes, free of all costs and encumbrances, upon registration of the plan of
subdivision. This Block shall be conveyed in a physical condition which is
satisfactory to the Town which includes
the utility and sewer connections for the Block at the street line. The Town
reserves the right to require, as an alternative, payment of cash-in-lieu for
any part of the said conveyance of lands for parks purposes and that the draft
plan be revised accordingly.
6.2
The Owner shall provide the following for park block 4 to the
satisfaction of the Director of
§
Accommodation of
specialized topsoil depths in parks
§
Access to
sufficient topsoil to cover parks at the depths specified in the subdivision
agreement
§
Water servicing
inclusive of drains, meter chamber and appurtenances
§
Storm servicing
(CB/manhole) in the low end of each watershed within the park
§
Sanitary
servicing (dependent on park size)
§
Electrical
servicing
§
Minimum
compaction levels
§
Fencing of park
block to OPSD standards
§
Hydro-seed sub
grade of parks
§
Undeveloped park
maintenance
6.3
The Owner shall
provide a specialized depth of topsoil in the entire municipal boulevard in
accordance with the Town’s Streetscape Manual to appropriately plant boulevard
trees to the satisfaction of the Director of Planning and Urban Design.
6.4
The Owner shall
covenant and agree to rough grade, topsoil, seed and maintain (free of stock
piles and debris) all school blocks, park blocks and place of worship blocks
and vacant lands within the subdivision to the satisfaction of the Director of
Planning and Urban
6.5
The Owner shall
post approved copies of any Open Space Plans, Conceptual Park Development
Master Plans and Conceptual Facility Fit Plans for the park and school campus
in all sales offices for dwelling units within the draft plan of subdivision.
7.0
Landscape
Works
7.1
Prior to
execution of the subdivision agreement, the Owner shall submit landscape plans
based on the approved Cornell Community
a) Street tree
planting in accordance with the Town of
b) 1.5m high
black vinyl chain link fence on the property line where residential lots abut
parks and open space
c) Buffer
planting for the open space blocks and single loaded road allowances
d) Noise
attenuation fencing
e) Fencing and
planting of the walkway blocks
f)
fencing of the
school blocks where they abut residential development
g)
fencing between
low density residential and higher density residential, commercial and
industrial sites
h) streetscape
plan including street trees
i) any other landscaping as determined by the
Community
7.2
The Owner shall
construct all landscaping in accordance with the approved plans at no cost to
the Town.
7.3
The Owner agrees
to provide maintenance, certification of substantial completion and warranties for
all trees and landscaping in accordance with the Town’s Streetscape Manual.
7.4
The Owner shall
not permit their builders to charge home purchasers for the items listed in Condition
7.1.
7.5
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 THESE
UNITS ARE 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
·
REAR
·
TREE PLANTING IN
REAR YARDS ADJOINING 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
DEVELOPER HAS BORNE THE COST OF THESE ITEMS AND THE HOME PURCHASER IS NOT
REQUIRED TO REIMBURSE THIS EXPENSE.”
7.6 Prior
to execution of the subdivision agreement the Owner shall provide a letter of
credit, in an amount to be determined by the Director of
8.0
Stormwater
Management
8.1 The Owner acknowledges and agrees to
submit, at the time of the first submission of the detailed engineering
drawings, 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.
9.0
Overland Flow
Routes External to the Plan:
9.1
The Owner acknowledges and agrees to design and construct overland
flow routes, along the west extensions of the right-of-ways of Street “A” and
Street “B” to convey the overland flow from the Plan to Bur Oak Avenue in
accordance with the Stormwater Management Functional Servicing Study entitled
“Functional Servicing Report for Stormwater Management, in Support of Draft
Plan of Subdivision, Springhill Homes Inc., Part of Lot11, Concession 9, Town
of Markham, Regional Municipality of York”, dated September 10, 2009, by
Condeland
10.0
Watercourse
Monitoring Program:
10.1
The Owner
acknowledges and agrees to undertake a two (2) year water quality monitoring
program to assess the impact of the Plan of Subdivision on the downstream
receiving watercourse(s). Water quality parameters at minimum shall
include: Total Suspended Solids (TSS), temperature, nitrogen, phosphorus, E.
coli, organics (Chlordane, Benzo Pyrene, PCB’s) and metals (Mercury, Aluminium,
Cadmium, Copper).
Prior to implementation of the monitoring program, the
program shall be reviewed and approved by the Town (Commissioner of Development
Services). The Owner shall report the result of the monitoring annually
to the Town (Commissioner of Development Services). The program shall
include monitoring of pre and post development conditions and provide recommendations
for required mitigation measures.
Alternatively, the
Owner has the option to provide the Town (Commissioner of Development Services)
with cash-in-lieu of the monitoring program in the amount of $200/ha for the
total land area included in the Plan of Subdivision. This cash-in lieu
will be used to implement a town-wide watercourse monitoring program.
Regardless of the
option selected the Owner acknowledges and agrees, as and when required by the
Town (Commissioner of Development Services), at the Owner’s expense, to
implement the recommendations of the monitoring program.
10.2
The
Owner shall covenant and agree in the subdivision agreement to obtain approval
of Site Alteration Plans in accordance with the Town’s Standards prior to
proceeding with any on-site works and more particularly topsoil stripping.
11.0
Municipal
Services
11.1
The Owner shall
acknowledge and agree in the subdivision agreement that final approval of the
draft plan shall be subject to the Town being satisfied that adequate water supply
and sanitary sewer allocation is available to service the development in
accordance with the February 5, 2008 Council resolution regarding community
water supply allocations and sanitary sewage allocation.
11.2
The Owner shall
submit, at the time of the first submission of the detailed engineering
drawings, a Functional Servicing Report to determine the infrastructure
required for all municipal services internal to the subdivision, to the
satisfaction of the Town (Commissioner of Development Services). Any requirements resulting from this Report
shall be incorporated into the draft plan and provided for in the subdivision
agreement.
11.3
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).
11.4
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).
11.5
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
11.6
The Owner shall covenant and agree in the subdivision
agreement to pay at the time of site plan approval, $200.00 per unit as its
proportionate share for the cost of the Highway 48 Flow Control System which is
required to create the sanitary sewer capacity for this Plan of Subdivision.
11.7
Municipal
Services External to the Plan:
(a) Prior
to the registration of the Plan, all the municipal services, including, but not
limited to, storm sewers and sanitary sewers, on right-of-ways external to the
Plan that are connected downstream to the municipal services on the Plan, to be
constructed and functional, to the satisfaction of the Town (Commissioner of
Development Services).
(b) Prior
to the registration of the Plan, the watermains on right-of-ways external to
the Plan that are connected to the watermains on the Plan, are to be
constructed and functional, to the satisfaction of the Town (Commissioner of
Development Services).
12.0
Traffic Impact
Study
12.1
The Owner
acknowledges and agrees to provide an addendum to the Traffic Impact Study
entitled “Garden Homes, Spring Hill Homes Development, Traffic Impact Study,
dated February 2009, by Entra Consultants, to include a traffic phasing analysis
as required in Condition 2.7 c), prior to the registration of the Plan, to the
satisfaction of the Town (Commissioner of Development Services) and the Region
of York.
12.2
The Owner shall
incorporate the requirements and criteria of the Traffic Impact Study into the
draft approved plan and subdivision agreement.
13.0
Easements
13.1
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.
14.0
Utilities
14.1
Prior to release
for registration of the draft plan of subdivision, the Owner shall prepare an
overall utility distribution plan (Composite Utility Plan), to the satisfaction
of the Town and all affected authorities.
14.2
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.
14.3
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, Enbridge, telecommunications companies, etc.
14.4
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.
14.5
The Owner
covenants and agrees to advise all utility and telecommunication carriers that
plans for medium or large size 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.
14.6
(a) 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.
(b) 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.
(c)
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.
(d)
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.
(e)
For Townhouse Units:
§
The owner/developer
agrees to include on all offers of purchase and sale, a statement that advises
the prospective purchaser that mail delivery will be from a designated
Community Mailbox.
§
The
owner/developer will be responsible for notifying the purchaser of the exact Community
Mailbox locations prior to the closing of any home sale.
§
The
owner/developer will consult with Canada Post Corporation to determine suitable
locations for the placement of Community Mailboxes and to indicate these
locations on the appropriate servicing plans.
§
The
owner/developer will provide the following for each Community Mailbox site and
include these requirements for all townhouse units on the appropriate servicing
plans:
o
An appropriately
sized sidewalk section (concrete pad) as per municipal standards, to place the
Community Mailboxes on.
o
Any required
walkway across the boulevard, as per municipal standards.
o
Any required curb
depressions for wheelchair access.
§
The
owner/developer further agrees to determine and 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 the new residences as soon as
the homes are occupied.
(f)
For
High Density-Residential Apartments:
§
The
owner/developer must supply, install and maintain the main delivery equipment
to Canada Post specification and ensure that all mail delivery equipment is
accessible by persons with physical disabilities.
(g)
For Commercial Units:
§
The owner/developer will consult with Canada Post to
determine suitable location for placement of Community Mailbox site(s) within
the commercial area.
§
The owner/developer will provide a concrete pad(if
needed) to Canada Post specifications to accommodate the Community Mailboxes
and any required curb depressions at mailbox location for wheelchair access.
§
If the owner/developer wishes, they can supply,
install and maintain a central mail facility to Canada Post specifications;
ensure that all mail equipment is installed in a location that is readily
accessible to the occupants and Canada Post delivery personnel; and ensure that
all mail is accessible by persons with physical disabilities.
15.0
Development
Charges
15.1
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.
15.2
The Owner shall
pay all fees and development charges as set out in the subdivision agreement.
15.3
The Owner acknowledges and agrees that he/she may
enter into a development charge credit agreement with the Town for the extra
public works to be constructed for the Town, which is not part of the public
works on the Plan, in the Cornell Community, to the satisfaction of the Town
(Commissioner of Development Services).
16.0
Phase 1
Environmental Site Assessment (ESA)
16.1
Prior to release
for registration of the draft plan, the Owner shall:
(a) Submit
Environmental Site Assessments 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;
(b) Submit
a Letter of Reliance for Environmental Site
Assessments, as per the Town’s standards, signed and stamped by a Qualified
Person, to the satisfaction of the Town (Commissioner of Development
Services);
(c) 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 land use;
(d) File
a Record of Site Condition on the Provincial Environmental Site Registry for
the land to be conveyed to the Town; and
(e) Pay
all costs associated with the Town retaining a third-party reviewer for the
peer review service.
16.2
The Owner shall
covenant and agree in the subdivision agreement that if during construction of
any infrastructure or 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.
17.0
Heritage
17.1
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.
17.2
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.
17.3
The Owner
covenants and agrees to retain the
17.4
The Owner
covenants and agrees to protect and conserve the
a) To keep the
b) To maintain the
c) Once the
·
secure and
protect the buildings from damage through procedures carried out according to
the Town of
·
erect a
"No-trespassing" sign in a visible location on the property
indicating that the
·
install an 8 ft
high fence around the perimeter of the house to protect the dwelling until the
completion of construction in the vicinity or the commencement of long-term
occupancy of the dwelling as confirmed by Town (
17.5
Prior to final
approval of the plan of subdivision or any phase thereof, the Owner is to
implement the following measures to protect the
a)
The Owner is to
provide at its expense a legal survey of the
b)
The Owner is to
enter into a
c)
The Owner is to
permit the designation of the property under Part IV of the
d)
The Owner is to
provide a $125,000 Letter of Credit for the
·
construction and
grading on the subject lands and adjacent lots, and roads have been completed
to the satisfaction of the Town (Commissioner of Development Services),
·
the building has
been connected to municipal services,
·
the exterior
restoration of the
·
the building meet
the basic standards of occupancy as confirmed by the Building Standards
Department, and
·
all other
heritage requirements of the Subdivision Agreement have been completed;
e)
The Owner is to
enter into a site plan agreement with the Town for the
17.6
The owner shall
covenant and agree in the subdivision agreement to preserve the
a)
to provide and
implement a traditional restoration plan for the
b)
to complete the
exterior restoration of the
c)
to ensure that
the architectural design and elevations of dwellings proposed for adjacent lots
is compatible with the restored heritage dwelling;
d)
to ensure that
the final proposed grading on the lots adjacent to
e)
To ensure that
the historic front of the
17.7
The Owner
covenants and agrees to protect and conserve the
i)
The Owner shall
covenant and agree in the subdivision agreement to prepare and implement a
marketing plan, to the satisfaction of the Commissioner of Development
Services, which details the ways and means the
17.8
The Owner shall
covenant and agree in the subdivision agreement to provide notice and
commemoration of the
a) to provide and install at its cost, an interpretative baked enamel
plaque for each
b) to include the following notice in each Offer of Purchase and
“Purchasers are advised
that the existing building on this property is designated pursuant to the
17.9
Prior to final
approval of the plan of subdivision or any phase thereof, the Manager of
Heritage
18.0
Other Town Requirements
18.1
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 Cornell Community, 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.
18.2
Prior to final
approval, the Trustee of the Cornell Developers’ Group 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.
18.3
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 21 for each phase.
18.4
The Owner
shall covenant 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
18.5
The Owner shall
covenant and agree in the subdivision agreement that two separate and remote
water supply connections will be required to ensure adequacy and reliability of
the water supply at all times of firefighting purposes.
18.6
The Owner shall
covenant and agree in the subdivision agreement to include warning clauses in
agreements of purchase and sale advising purchasers of the following:
§
overnight street
parking will not be permitted unless an overnight street parking permit system
is implemented by the Town
19.0
Region of
19.1
The
road allowances included within the draft plan of subdivsion shall be named to
the satisfaction of the area municipality and the York Region Planning and
Development Services Department.
19.2
The Owner shall
agree in the subdivision agreement that the Owner shall save harmless the Town
of Markham and York Region from any claim or action as a result of water or
sanitary sewer service not being available when anticipated.
19.3
The Owner shall
agree in the subdivision agreement that site plan approval shall be obtained
prior to any development of the blocks.
19.4
Prior to final
approval for any high density residential units subject to site plan control beyond the initial 229 units, the Holding (H)
provisions of Section 36 of the Ontario Planning Act shall be in place through
the enactment of a zoning by-law in conjunction with all residential zone
categories in order to ensure that development of these lands does not occur until
such time as the Holding (H) symbol is removed in accordance with the
provisions of the Ontario Planning Act.
The Zoning By-law shall specify the terms under which Council may
consider the removal of the Holding (H) symbol.
Said terms shall include a minimum of the following:
i)
the Town of
ii) the Regional
Commissioner of Environmental Services confirms servicing capacity for this development by a suitable
alternative method and the Town of Markham allocates the capacity to this development; or
iii)
the Regional
Commissioner of Environmental Services advises that it is
within eighteen (18) months of the operational date of the Duffin Creek Water
Pollution Control Plant expansion and the YDSS Flow Control Structures; and,
iv)
the Council of the Town of
19.5
Prior
to final approval for any high density residential units subject to site plan
control beyond the initial 229 units requiring capacity and allocation reliant
upon the completion of the Southeast Collector Sewer, the Holding (H) provisions of Section 36 of the
Ontario Planning Act shall be in place through the enactment of a zoning by-law
in conjunction with all residential zone categories in order to ensure that
development of these lands does not occur until such time as the Holding (h)
symbol is removed in accordance with the provisions of the Ontario Planning
Act. The Zoning By-law shall specify the
terms under which Council may consider the removal of the Holding (H)
symbol. Said terms shall include a
minimum of the following:
i. York Region
has advised in writing that the Individual Environmental Assessment for the
Southeast Collector Sewer has been completed and it is no earlier than eighteen
(18) months prior to the expected completion of the Southeast Collector Sewer
and that the Duffin Creek Water Pollution Control Plant expansion project and
the YDSS Flow Control Structures are operational; and,
ii. the Council of the Town of
19.6
The Owner shall
satisfy the Region that any unused wells have been decommissioned according to
Ontario Regulation 903 prior to any construction works occurring on the site,
and shall enter into an agreement with the Region relating to these matters if
such an agreement is required by the Region.
19.7
Prior to final
approval, the Owner shall have prepared, by a qualified professional
transportation consultant, a functional transportation report/plan outlining
the required Regional road improvements for this subdivision. The report/plan, submitted to the
Transportation Services Department for review and approval, shall explain all
transportation issues and shall recommend mitigative measures for these issues.
19.8
Prior to final
approval, the Owner shall provide a written undertaking, to the satisfaction of
the Transportation Services Department that the Owner agrees to implement the
recommendations of the functional transportation report/plan as approved by the
Transportation Services Department.
19.9
Prior to final
approval, the Owner shall submit detailed engineering drawings, to the
Transportation Services Department for review and approval, that incorporate
the recommendations of the functional transportation report/plan as approved by
the Transportation Services Department.
Additionally, the engineering drawings shall include the subdivision
storm drainage system, erosion and siltation control plans, site grading and
servicing, plan and profile drawings for the proposed intersections,
construction access and mud mat design, utility and underground servicing
location plans, pavement markings, electrical drawings for intersection
signalization and illumination design, traffic control/construction staging
plans and landscape plans.
19.10
Prior to final
approval, the Owner shall demonstrate, to the satisfaction of the
Transportation Services Department that elevations along the streetline shall
be 0.3 metres above the centreline elevations of the York Region roadway,
unless otherwise specified by the Transportation Services Department.
19.11
Prior to final
approval, the Owner shall agree that the following lands will be conveyed to York
Region for public highway purposes, free of all costs and encumbrances, to the
satisfaction of York Region Solicitor:
a)
a widening across the full frontage of the site where it abuts Highway
7 of sufficient width to provide a minimum of 24.5 metres from the centreline
of construction of Highway 7, and
b)
a 15 metre by 15 metre daylight triangle at the southeast corner of the
property at Markham By-Pass and Highway 7 intersection, and
c)
a 15 metre by 15 metre daylight triangle at the southwest corner of the
property at Highway 7, and
d)
an additional 2.0 metre widening, 50 metres in length together with a
70 metre taper for the purpose of a westbound right turn lane at the
intersection of Highway 7 and Street “D”, and
e)
a 0.3 metre
reserve across the full frontage of the site where it abuts Highway 7 and adjacent to the above noted widening.
19.12
Prior to final
approval, in order to determine the property dedications (if any) required to
achieve the ultimate right-of-way width of Highway 7 abutting the subject site,
the applicant shall submit a recent plan of survey for the property that
illustrates the existing centre line of construction of Highway 7.
19.13
Prior to final
approval, the Owner shall provide a solicitor's certificate of title in a form
satisfactory to York Region Solicitor, at no cost to York Region with respect
to the conveyance of the above noted lands to York Region.
19.14
Prior to final
approval, York Region requires the Owner to submit to it, in accordance with
the requirements of the Environmental
Protection Act and O. Reg. 153/04 Records
of Site Condition Part XV.1 of the Act (as amended), a Phase I
environmental site assessment prepared and signed by a qualified professional,
of the Owner’s lands and more specifically of the lands to be conveyed to York
Region (the “Assessment”). Based on the
findings and results of the Assessment, York Region may require further study,
investigation, assessment and delineation to determine whether any remedial or
other action is required. The Assessment and any subsequent environmental
reports or other documentation prepared in respect of the environmental
condition of the lands to be conveyed must to be addressed to York Region,
contain wording to the effect that York Region shall be entitled to rely on
such reports or documentation in their entirety, and such reports or
documentation shall be satisfactory to York Region.
19.15
Prior to final
approval, the Owner shall certify, in wording satisfactory to the
Transportation Services Department, that no contaminant, pollutant, waste of
any nature, hazardous substance, toxic substance, dangerous good, or other
substance or material defined or regulated under applicable environmental laws
is present at, on, in or under all lands to be conveyed to York Region (including
soils, substrata, surface water and groundwater, as applicable): (i) at a level or concentration that exceeds
the Environmental Protection Act O.
Reg. 153/04 full depth generic site condition standards applicable to the
intended use that such lands will be put by York Region at the time of
conveyance or any other remediation
standards published or administered by governmental authorities applicable to
the intended land use; and (ii) in such a manner, condition or emanating from
such lands in such a way, that would result in liability under applicable
environmental laws. The Assessment, any
subsequent environmental reports or other documentation and the Owner’s
certification shall be done at no cost to York Region.
19.16
The Owner shall
agree that direct vehicle access to Highway 7 from any development blocks
within this plan of subdivision will not be permitted. Access must be obtained
through the internal road network.
19.17
Prior to final
approval, the location and design of the construction access for the
subdivision work shall be completed to the satisfaction of the Transportation
Services Department and illustrated on the Engineering Drawings.
19.18
Prior to final
approval, the Owner shall demonstrate, to the satisfaction of the
Transportation Services Department, that all existing driveway(s) along the
Regional road frontage of this subdivision will be removed as part of the
subdivision work, at no cost to York Region.
19.19
Prior to final
approval, the intersection of Highway 7 and Street “D” shall be designed to the
satisfaction of the Transportation Services Department with any interim or
permanent intersection works including turning lanes, profile adjustments,
illumination and/or signalization as deemed necessary by the Transportation
Services Department.
19.20
Prior to final
approval, the Owner shall demonstrate, to the satisfaction of the
Transportation Services Department, that all local underground services will be
installed within the area of the development lands and not within York Region’s
road allowance. If a buffer or easement is needed to accommodate the local
services adjacent to York Region’s Right of Way, then the Owner shall provide a
satisfactory buffer or easement to the
19.21
The Owner shall
agree in the subdivision agreement,
in wording satisfactory to the Transportation Services Department that the
Owner will be responsible for determining the location of all utility plants
within York Region right-of-way and for the cost of relocating, replacing,
repairing and restoring any appurtenances damaged during construction of the
proposed site works. The Owner must review, or ensure that any consultants retained
by the Owner, review, at an early stage, the applicable authority’s minimum
vertical clearances for aerial cable systems and their minimum spacing and
cover requirements. The Owner shall be entirely responsible for making any
adjustments or relocations, if necessary, prior to the commencement of any
construction.
19.22
Prior to final
approval, the Owner shall engage the services of a consultant to prepare and
submit for review and approval, a noise study to the satisfaction of the
Transportation Services Department recommending noise attenuation features.
19.23
The Owner shall
agree in the subdivision agreement, in wording satisfactory to the
Transportation Services Department, to implement the noise attenuation features
as recommended by the noise study and to the satisfaction of the Transportation
Services Department.
19.24
The Owner shall
agree in the subdivision agreement, in wording satisfactory to the
Transportation Services Department, that where berm, noise wall, window and/or
oversized forced air mechanical systems are required, these features shall be
certified by a professional engineer to have been installed as specified by the
approved Noise Study and in conformance with the Ministry of Environment
guidelines and the York Region Noise Policy.
19.25
The following
warning clause shall be included in a registered portion of the subdivision
agreement with respect to the lots or blocks affected:
"Purchasers are advised
that despite the inclusion of noise attenuation features within the development
area and within the individual building units, noise levels will continue to
increase, occasionally interfering with some activities of the building's
occupants".
19.26
Where noise
attenuation features will abut a York Region right-of-way, the Owner shall
agree in the subdivision agreement, in wording satisfactory to York Region’s
Transportation Services Department, as follows:
a)
that no part of
any noise attenuation feature shall be constructed on or within the York Region
right-of-way;
b)
that noise fences
adjacent to York Region roads may be constructed on the private side of the 0.3
metre reserve and may be a maximum 2.5 metres in height, subject to the area
municipality's concurrence;
c)
that maintenance
of the noise barriers and fences bordering on York Region right-of-ways shall
not be the responsibility of York Region; and
d)
that any
landscaping provided on York Region right-of-way by the Owner or the area
municipality for aesthetic purposes must be approved by the Transportation
Services Department and shall be maintained by the area municipality with the
exception of the usual grass maintenance.
19.27
Prior to final
approval, the Owner shall submit drawings depicting the following to the
satisfaction of York Region staff:
a) All existing woody vegetation within the York Region
road right of way,
b) Tree protection measures to be implemented on and off
the York Region road right of way to protect right of way vegetation to be
preserved,
c) Any woody vegetation within the York Region road right
of way that is proposed to be removed or relocated. However, it is to be noted
that tree removal within York Region road right’s of way shall be avoided to
the extent possible/practical. Financial
or other compensation may be sought based on the value of trees proposed for
removal.
d) A planting plan for all new and relocated vegetation
to be planted within the York Region road right of way, based on the following general
guideline:
Tree planting shall be undertaken in accordance with
York Region standards as articulated in Streetscaping Policy and using species
from the York Region Street Tree Planting List.
These documents may be obtained from the Forestry Section. If any
landscaping or features other than tree planting (e.g. flower beds, shrubs) are
proposed and included in the subdivision agreement ,
they will require the approval of the Town and be supported by a Maintenance
Agreement between the Town and the Region for Town maintenance of these
features; any such Maintenance Agreement
should indicate that where the area municipality does not
maintain the feature to York Region’s satisfaction, the area municipality will
be responsible for the cost of maintenance or removal undertaken by the Region.
19.28
Prior to final
approval, the Owner shall satisfy the Regional Municipality of York
Transportation Services Department that the services to be installed within or
in conjunction with the Plan will provide for sidewalks on both sides of the
roadway listed below, unless only one side of
the street lies within the limits of the subject lands. The sidewalks shall
meet the local municipality’s standards, and be provided by the Owner along the
subject lands’ frontage onto roadway that will have transit services.
YRT/Viva transit services operate on the following
roadway in the vicinity of the subject lands:
§
Avenue 7
§
19.29
Sidewalks and
concrete pedestrian access shall be provided in accordance with OPSD 310.010,
310.020, 310.030 and should be provided “at grade” (i.e. without stairs,
inclines, etc.).
Subject to approval by YRT, passenger standing area(s)
and shelter pad(s) shall be provided at the following location(s):
|
|
|
Location |
Standard |
Traffic Signal Request |
|
Avenue |
Street “D”
– NE corner |
|
YRT-1.02
or YRT-1.03 |
N/A |
The
passenger standing area shall be provided at no cost to York Region and
concurrent with construction of necessary sidewalks.
19.30
The Owner shall
agree in the subdivision agreement that the passenger standing area identified
above shall be installed to the satisfaction of the area municipality and York
Region Transit. Landscaping should not
interfere with the bus stops, passenger standing areas, shelters or corner
sightlines.
19.31
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 required to contact YRT’s facilities supervisor to confirm final details.
19.32
Prior to final
approval, the Owner shall submit drawings showing, as applicable, the sidewalk
location, concrete pedestrian access, passenger standing area and shelter pad
to the satisfaction of York Region.
19.33
The Owner shall
agree in the subdivision agreement to advise all potential purchasers of
transit services in this development as identified in Condition 28. This includes the transit routes, bus stops
and shelter locations. This shall be
achieved through distribution of information/marketing materials (YRT route
maps, Future Plan maps & providing YRT website contact information) at
sales offices and appropriate notification clauses in purchase agreements. The YRT route maps and the Future Plan maps
are available from YRT upon request.
19.34
Prior to final
approval, the Owner shall provide direct pedestrian/cycling connections/accesses
from Block 5 to Highway 7.
19.35
Prior to final
approval, the Owner shall provide a copy of the subdivision agreement to the
Transportation Services Department, outlining all requirements of the
Transportation Services Department.
19.36
Prior
to final approval, the Owner shall provide a solicitor's certificate of title
in a form satisfactory to York Region Solicitor, at no cost to York Region with
respect to the conveyance of lands identified in Condition 19.11 to York
Region.
19.37
The
Owner shall enter into an agreement with 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-law DC-0007-2007-040.
19.38
The
Region of York Planning and Development Services Department shall advise that
Conditions 19.1 to 19.37 inclusive, have been satisfied.
20.0
20.1
That prior to the
initiation of grading and prior to the registration of this plan or any phase
thereof, the applicant shall submit a detailed engineering report for the
review and approval of the TRCA that describes the storm drainage system
(quantity and quality), in accordance with the Functional Servicing Report for
the subject site and the Master Environmental Servicing Plan (MESP) for the
Cornell Community. This report shall include:
a)
plans illustrating how this drainage system will tie
into surrounding drainage systems, i.e., is it part of an overall
drainage scheme? How will external flows be accommodated? What is the design capacity
of the receiving system;
b)
stormwater management techniques which may be required
to control minor or major flows;
c)
appropriate Stormwater Management Practices (SWMPs) to
be used to treat stormwater, to mitigate the impacts of development on the quality
and quantity of ground and surface water resources as it relates to fish and
their habitat;
d)
proposed method for controlling or minimizing erosion
and siltation on-site and/or in downstream areas during and after construction;
e) location
and description of all outlets and other facilities which may require a permit
pursuant to Ontario Regulation 166/06, the TRCA’s (Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses) Regulation;
f)
overall grading plans for the subject lands; and
g)
supplementary measures including additional source and
conveyance measures to enhance infiltration and reduce runoff volumes.
20.2
That the
applicant provide details and drawing(s) demonstrating how the 100-year
attenuation of flow will be achieved; where the volume of water will be stored;
whether storage is available within the municipal right-of-way, boulevards,
municipal road or roadside ditch (if any), to the satisfaction of the TRCA.
20.3
That the draft
plan of subdivision be red-line revised in order to meet the requirements of
Condition 20.1 and 20.2.
20.4
That the
applicant submit a detailed and comprehensive Erosion and Sediment Control
Plan, which complies with the TRCA’s Erosion and Sediment Control Guidelines
for Urban Construction (www.sustainabletechnologies.ca).
20.5
That the owner
agree in the subdivision agreement, in wording acceptable to the TRCA:
a. to carry out, or cause to be carried out, to the
satisfaction of the TRCA, the recommendations of the technical report
referenced in Condition No. 1 & 2;
b. to maintain all stormwater management and erosion and
sediment control structures operating and in good repair during the
construction period, in a manner satisfactory to the TRCA; and
c. to obtain all necessary permits pursuant to Ontario
Regulation 166/06 (Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses) from the TRCA.
20.6
That a copy of
the fully executed subdivision agreement be provided to the TRCA
when available, in order to expedite the clearance of conditions of draft
approval.
21.0
21.1
That the Planning
Department for the Town of Markham be advised of the following conditions of
draft plan approval to be imposed upon the subject draft Plan of Subdivision
19TM-040016 relative to the York Region District School Board:
a)
That prior to
final approval, the owner shall have made Agreement satisfactory to the York
Region District School Board for the transfer of a partial public elementary
school site as shown in Appendix A, Location of Plan 19TM-040016.
The partial public elementary school site, Block 6, shall contain not less than
1.02 hectares.
b)
That the owner
shall agree in the Subdivision Agreement in wording satisfactory to the York
Region District School Board:
i)
to grade Block 6
and in doing so compact, fill with clean material, replace any topsoil
disturbed in the grading process and at the same time sod/seed the same lands
to specifications determined by the Board;
ii)
to remove any
buildings on Block 6;
iii)
to remove trees,
as required to accommodate school layout;
iv)
to provide a
letter of credit pertaining to stockpiling and removal of topsoil as
established in the latest version of Hanscomb’s Yardsticks for Costing Cost
Data for the Canadian Construction Industry to the satisfaction of the Board;
v)
to remove
stockpiled topsoil within 30 days of written notice by the Board and in doing
so compact, fill with clean material, replace any topsoil disturbed in the
grading process and at the same time sod/seed the same lands to specifications
determined by the Board;
vi)
to construct a
galvanized chain link fence, Type II 1˝“ mesh, 1.8 m high along all boundaries
of the school blocks, including road frontage(s) at the discretion of the
Board;
vii)
to construct the
fences prior to the issuance of building permits for Phase 1 of the
subdivision;
viii)
to erect and
maintain a sign on the public school site at such time as the relevant access
roads are constructed, indicating that the date has not been set for the construction
of the school;
ix)
to provide the
foregoing at no cost to the Board;
x)
to provide a
geotechnical investigation and Phase 1 and Phase 2 environmental site
assessment conducted by a qualified engineer. For an elementary school
site a minimum of eight boreholes shall be required and for a secondary school
site a minimum of sixteen boreholes shall be required; and
xi)
to assume any
upstream and downstream charges.
c)
That the owner
shall submit to the York Region District School Board, at no cost to the Board,
a report from a qualified consultant concerning:
i) the
suitability of Block 6 for school construction purposes, relating to soil
bearing factors, surface drainage, topography and environmental contaminants;
and
ii)
the availability
of natural gas, electrical, water, storm sewer and sanitary sewer services.
d)
That the owner
shall agree in the Subdivision Agreement, in wording acceptable to the York
Region District School Board, that the services referred to in Condition c) ii)
shall be installed to the mid-point of the frontage of the elementary school
site and positioned as designated by the Board, at no cost to the Board.
e) That the Town of
i) the
availability of a satisfactory water supply; and
ii) an acceptable method of sewage disposal.
f) That prior to
final approval, the owner shall submit to the York Region District School Board
for review and approval, a copy of the final engineering plans as approved by
the Town of
g)That
prior to final approval, the local hydro authority shall have confirmed in
writing to the Board that adequate electrical capacity will be supplied to the
school site frontage by the developer at no cost to the Board.
h)That
prior to final approval, the local hydro authority shall have confirmed in
writing to the Board that they are satisfied that payment for any upstream and
downstream charges will be made by the original developer.
i) That the
York Region District School Board shall advise that conditions a) to h)
inclusive have been met to its satisfaction. The clearance letter shall
include a brief statement detailing how each condition has been satisfied or
carried out.
21.2
That the
subdivision agreement include warning clauses advising the Township, property
owners and purchasers of lots within the draft plan that unless the provincial
funding model provides sufficient funds to construct new schools, there can be
no assurance as to the timing of new school construction nor a guarantee as to
the timing of new school construction nor a guarantee that public school
accommodation will be provided within the subject plan notwithstanding the
designation of the school site.
22. External
Clearances
22.1 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
b) The
d) The
Ministry of Culture (Heritage Branch) shall advise that Conditions 17.1-17.2 have
been satisfied.
e) The
Manager of Heritage
f) The
York District School Board shall advise that Conditions 21.1 to 21.2 have been
satisfied.