APPENDIX ‘A’

CONDITIONS OF DRAFT APPROVAL

PLAN OF SUBDIVISION 19TM-09005

WORLD TECH CONSTRUCTION

1.       General

1.1               Approval shall relate to a draft plan of subdivision prepared by Masongsong Associates Engineering Limited as project No. 02082, dated February 2010 and with a revised date of April 29, 2010 incorporating the following redline revisions:

·         Show ROW rounding radius for Ian Baron Avenue and Lane A;

·         Provide temporary easement (min 7.0m) and construct a temporary road connection between Ian Baron Avenue and Lane A.  Alternatively, provide a temporary cul-de-sac as per Town’s Standards at the ends of Ian Baron Avenue and Lane A;

·         If neither an easement nor a cul-de-sac is provided, then the following lots/ blocks must be frozen until such time when the Ian Baron Avenue/ Lane A are extended eastwards:

Lots to be frozen              8 and 9

Blocks to be frozen         17, 18 and 19

·         Necessary revisions, to the satisfaction of the Director of Engineering, to implement or integrate any recommendations from studies required as a condition of draft approval, including, but not limited to, Traffic Impact Study, Stormwater Management Study, Functional Servicing Study, Noise Impact Study, confirmation of alignment of roads with the locations shown in the draft approved plans, as well as any comments and conditions received from municipal departments and external agencies after draft approval is granted.

 

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 June 15, 2013 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, as amended, to implement the plan shall have come into effect in accordance with the provisions of the Planning Act.

 

1.5               The Owner shall covenant and agree in the subdivision agreement that the Holding (H) zoning 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 Landowners Group Trustee and the Town.

 

1.6               The Owner provide a clearance letter from the Trustee of the South Unionville Landowners Group confirming that 2011 servicing allocation is available for 11 single detached units and eight (8) semi-detached units, and that all obligations under the Landowners Group agreement have been fulfilled, to the satisfaction of the Commissioner of Development Services.

 

1.7               The Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of draft approval may require revisions, to the satisfaction of the Town, (Commissioner of Development Services) to implement or integrate any recommendations resulting from studies required as a condition of draft approval.

 

2.       Roads

 

2.1 The road allowances within the draft plan shall be named to the satisfaction of the Town and the Region of York.

 

2.2 The road allowances within the draft plan shall be dedicated as public highway, free of all costs and encumbrances.

 

2.3 The Owner shall covenant and agree in the subdivision agreement that the public highways shall be designed and constructed in accordance with established municipal standards to the satisfaction of the Town (Commissioner of Development Services).

 

2.4 The Owner shall convey 0.3m reserves at the east side of Ian Baron Avenue and Lane A to the Town, free of all costs and encumbrances, upon registration of the plan of subdivision.

 

2.5 The Owner shall covenant and agree in the subdivision agreement to provide temporary turning circles where required at their cost and remove them and restore the streets to their normal condition at their cost when required by the Town, to the satisfaction of the Director of Engineering. 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 Director of Engineering. The Owner shall also covenant and agree in the subdivision agreement to provide easements, as may be required, at no cost to the Town.

 

2.6 The Owner shall covenant and agree in the subdivision agreement to implement the traffic calming measures identified in the Internal Functional Traffic Study. The Owner shall further covenant and agree to implement additional traffic calming measures, prior to assumption of the plan of subdivision, if it is determined by the Town that additional traffic calming measures are required.

 

2.7 The Owner shall covenant and agree in the subdivision agreement that construction access shall be restricted to Harry Cook Drive.

 

3.                     Noise Impact Study

 

3.1 Prior to final approval of the draft plan, the Owner shall submit a Noise Impact Study, prepared by a qualified noise consultant, with recommended mitigation measures for noise generated by road traffic on Harry Cook Drive, Castan Avenue and future South Unionville Avenue 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. The Owner shall acknowledge and agree in the subdivision agreement that the Town will not accept fencing over 2.0m high for noise mitigation purposes and, therefore, the plan may need revision to allow berming or other alternative noise solutions.

 

3.2 The Owner shall covenant and agree in the subdivision agreement to implement noise control measures and warning clauses as recommended by the approved Noise Impact Study, to the satisfaction of the Town (Commissioner of Development Services).

 

4.                     Stormwater Management

 

4.1  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.

 

4.2 The Owner shall covenant and agree in the subdivision agreement to undertake the monitoring of watercourse temperatures which may be affected by storm drainage from its development, subject to consultation with, and to the satisfaction of the Director of Engineering. Alternatively, the Owner has the option to provide the Town 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 covenants and agrees, as and when required by the Director of Engineering, at the Owner’s expense, to implement the recommendations of the monitoring program to the satisfaction of the Director of Engineering.

 

4.3 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.

 

5.                     Municipal Services

 

5.1          Prior to final approval of the draft plan, the Owner shall prepare, to the satisfaction of the Director of Engineering, 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.

 

5.2          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 Director of Engineering.

 

5.3          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, pavement marking and signage plans, stormwater management detail plans, etc. to the satisfaction of the Director of Engineering.

 

5.4          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.

 

5.5          The Owner shall covenant and agree in the subdivision agreement to pay their proportionate share of $200 per unit for HWY 48 flow control measures upon execution of the subdivision agreement.

 

5.6          Service allocation of 19 units for this plan of subdivision will require confirmation from the Planning Department.

 

6.                     Traffic Impact Study

 

Prior to final approval of the draft plan, the Owner shall prepare, in consultation with the Owners of other lands within the South Unionville Secondary Plan area, a Traffic Impact Study to the satisfaction of the Town and the Region of York. The Owner shall incorporate the requirements and criteria of the Traffic Impact Study into the draft approved plan and subdivision agreement.

 

 

7.                     Easements

 

The Owner shall grant required easements to the appropriate authority for public utilities, drainage purposes, roads, 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.

8.                     Utilities

 

8.1 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.

 

8.2 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.

 

8.3 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.

 

8.4 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.

 

8.5 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.

 

8.6 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.

 

8.7 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.

 

9.                     Development Charges, Recoveries, and Fees

 

9.1 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.

 

9.2 The Owner shall covenant and agree in the subdivision agreement to pay applicable ASDC as per Area 42A (By-law # 2008-132). The financial contribution will not be eligible for credits toward development charges.

 

9.3 The Owner shall covenant and agree in the subdivision agreement to pay recoveries for their proportionate share of previously constructed servicing / infrastructures for this area to the satisfaction of the Town (Commissioner of Development Services).

 

9.4 Prior to final approval of the draft plan or any phase thereof, the Owner shall enter into a South Unionville Developers’ Group Agreement, or alternative agreement, to ensure the provision of community and common facilities such as school sites, municipal services, parks and public roads in the South Unionville Secondary Plan are, to the satisfaction of the Town (Commissioner of Development Services and Town Solicitor). A certificate confirming completion of such agreement(s) shall be provided to the Town by the South Unionville Developers Group Trustee to the satisfaction of the Town Solicitor.

 

10     Environmental Assessment

 

10.1      The Owner shall covenant and agree in the Subdivision Agreement to retain a “Qualified Person” as defined by the Environmental Protection Act and its regulations, to carry out all necessary environmental testing, evaluation and remediation in accordance with this Agreement. The Owner further agrees that it shall not substitute the Qualified Person without the prior written consent of the Director of Engineering.

 

10.2      Prior to execution of the Agreement, the Owner shall covenant and agree in the Subdivision Agreement to provide an environmental clearance to the Town for all lands or interests in lands to be conveyed to the Town to the satisfaction of the Director of Engineering. The Town shall be satisfied that the lands are environmentally suitable for their proposed use and be certified as such by the Qualified Person” as defined in Ontario Regulation 153/04, all of which shall be in accordance with the Environmental Protection Act and its regulations. The Qualified Person shall file a Record of Site Conditions on the Provincial Environmental Site Registry for all lands to be conveyed to the Town.

 

10.3      The Owner shall covenant and agree in the Subdivision Agreement that if, during construction of the Works, contaminated soils or materials are discovered, the Owner shall inform the Director of Engineering immediately, and undertake, at its own expense, the necessary measures to identify and remediate the contaminated soils or groundwater, all in accordance with the Environmental Protection Act and its regulations, to the satisfaction of the Director of Engineering and the Ministry of Environment. After remediation, the Qualified Person shall file an updated Record of Site Condition on the Provincial Environmental Site Registry, in accordance with Ontario Regulation 153/04, for all lands to be conveyed to the Town.

 

10.4      The Owner shall covenant and agree in the Subdivision Agreement to assume full responsibility for the environmental condition of the Lands and agrees to indemnify and save harmless the Town, its directors, officers, Mayor, councilors, employees and agents from any and all actions, causes of action, suite, claims, demands, losses, expenses and damages whatsoever that may arise either directly or indirectly from the approval and Assumption by the Town of the Works, the construction and use of the Works or anything done or neglected to be done in connection with the use or any environmental condition on or under the Lands, including any work undertaken by or on behalf of the Town in respect of the Lands and the execution of this Agreement.

 

11.   Well Monitoring Program and Mitigation Plan:

 

Prior to any site alteration activities, the Owner shall check if there are any active wells within 500 metres of the Zone of Influence (ZOI).  If any active wells are found within the ZOI, the Owner shall prepare and implement a Well Monitoring Program and Mitigation Plan, in accordance with the Town’s requirements to the satisfaction of the Director of Engineering.

12.  Other Engineering Requirements

12.1    In the event that the Plan of Subdivision is registered prior to the Release for Construction of Services, the Owner agrees prior to Registration of the Plan of Subdivision to post all required financial securities for delivering municipal services.

12.2    In the event that the Plan of Subdivision is registered prior to the acceptance of the engineering drawings by the Director of Engineering, the Owner or any subsequent Owner(s) of the Lands agree to implement all necessary changes as requested by the Director of Engineering, acting reasonable at his sole discretion.

           

13.                           According to Approved Architectural Control Guidelines

13.1    The Owner covenants and agrees to implement the approved Generic Architectural Control Guidelines, prepared by Watchorn Architect Inc, as approved by the Town of Markham on June 2001, including any addendum prepared by both on file with the Town of Markham Development Services Commission Design Group.  All development within the plan of subdivision shall comply with the approved Architectural Control Guidelines unless otherwise approved by the Commissioner of Development Services.

The Town covenants and agrees that minor modifications to the Architectural Control Guidelines will not require amendment to the subdivision agreement but may be approved by the Commissioner of Development Services.          

a)      Control Architect Required

            The Owner covenants and agrees to engage a Control Architect to the satisfaction of the Town to co-ordinate and ensure building compliance with the approved Architectural Control Guidelines.  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.

b)      Control Architect’s Responsibilities

        The Owner covenants and agrees that the plans submitted for building permits and plans submitted for site plan approval shall bear an approval stamp attesting to their compliance with the approved Architectural Control Guidelines.  The certification shall take the following form and shall be dated, stamped and signed by the Control Architect:

        I (name of control architect) of (name of architectural firm) certify that the plans/ drawings comply with applicable approved architectural control guidelines as amended and on file with the Design Group, Development Services Commission.

c)       Permit Plans to Bear Certificate from Control Architect

 

The Owner acknowledges and agrees that building permit plans or drawings for model homes or for any building within the plan of subdivision will not be processed unless or until they bear the required certification from 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.

 

d)      Owner to Ensure Compliance with Architectural Control Guidelines

        The Owner covenants and agrees to utilize its best efforts to ensure that the completed structures have been built in compliance with the approved Architectural Control Guidelines.

e)      Letters of Credit

        The Owner covenants and agrees to submit Letters of Credit in the amount as set out in Schedule “F” to ensure compliance with applicable fencing, landscaping and streetscape requirements of this agreement.

        14.          Community Landscaping

14.1    Prior to execution of the subdivision agreement, the Owner shall submit landscape plans prepared by a qualified person based on the approved Community Design Plan and Architectural Control Guidelines, to the satisfaction of the Director of Planning and Urban Design:

a)    Street tree planting in accordance with the Town of Markham Streetscape Manual dated June 2009, as amended from time to time;

b)    Any other landscaping to maximize tree planting throughout the subdivision.

14.2    The Owner shall construct all landscaping in accordance with the approved plans at no cost to the Town.

14.3    The Owner shall not permit their builders to charge home purchasers for the items listed below:

            The Owner shall include in all agreements of purchase and sale the following clause:

            “PURCHASERS ARE ADVISED THAT AS A CONDITION OF APPROVAL OF THE SUBDIVISION WITHIN WHICH THIS LOT IS LOCATED, THE TOWN OF MARKHAM HAS REQUIRED THE DEVELOPER TO UNDERTAKE AND BEAR THE COST OF THE FOLLOWING ITEMS:

o   STREET TREES (TREES PLANTED IN THE TOWN BOULEVARD)

o   CORNER LOT FENCING

o   REAR LOT LINE FENCING AT LANES (IF SPECIFICALLY REQUIRED BY THE TOWN)

o   TREE PLANTING IN REAR YARDS ADJOINING THE LANES (WHERE SPECIFICALLY REQUIRED BY THE TOWN)

o   TREE PLANTING IN YARDS (WHERE SPECIFICALLY REQUIRED BY THE TOWN)

            THE DEVELOPER HAS BORNE THE COST OPF THESE ITEMS AND THE HOME PURCHASER IS NOT REQUIRED TO REIMBURSE THIS EXPENSE.”

14.4    Prior to execution of the subdivision agreement the Owner shall provide a letter of credit, I an amount to be determined by the Director of Planning and Urban Design, to ensure compliance with applicable tree planting, fencing, streetscape, screening and other Urban Design requirements.

15. Street Trees and Streetscape Treatment

15.1    Required Works:

            The Owner shall install street trees and streetscape treatment within the rights-of-way of all streets dedicated to the Town or the Region of York.

15.2    According to Prepared Drawings:

            The street tree planting and streetscape treatment shall be in accordance with the Landscape Plans approved by the Town.

15.3    Schedules for Installation:

            The Owner covenants and agrees to undertake the required street tree planting within two planting seasons of issuance of the certificate of occupancy for the adjoining dwelling.  For the purposes of this agreement a planting season will be understood to be either of the fall or spring periods.

            The Owner acknowledges that should street trees not be installed to the Town’s satisfaction within the prescribed schedule, then the Town may undertake the work as required and draw on the Letter of Credit filed pursuant to this agreement for all costs plus 10% for contract administration fee.

15.4    Warranties:

            The Owner covenants and agrees that the street trees are to be guaranteed for two (2) years from Town receipt of the Landscape Architect’s certificate of substantial completion.

15.5    Special Features:

            The Owner covenants and agrees to construct a temporary fence around all locations as may be required by the Commissioner of Development Services during the period of construction of all public and private works.

 

 

16.  Parks and Open Space

16.1  Neighbourhood/ Community Parkland Dedication:

          The Town and Owner covenant and agree to be bound by the terms and conditions contained in the Official Plan Amendment and Secondary Plan for South Unionville.     

16.2  Lands to be Conveyed for Park Purposes:

          There are no park blocks to be conveyed in this plan of subdivision.

16.3  Cash-in-lieu of parkland

          The Owner covenant and agree to pay cash-in-lieu of parkland to the Town to fulfill the parkland obligations for the development.        

17.  Vacant Lands

17.1    The Owner covenants and agrees to rough grade, topsoil, seed, install a post and wire fence and maintain all parcels that are expected to be vacant for 18 months following the registration of this agreement to the satisfaction of the Commissioner of Development Services;

17.2    The Owner will cut the herbaceous vegetation a minimum of three times per year.

17.3    The Owner will remove the post and wire fence when requested by the Town in writing to do so.

17.4    The Owner will not store or allow the storage of any materials, including topsoil and construction materials, on the lands without the written approval of the Town.

18.  Required Works:

18.1 The Owner covenants and agrees to install as follows according to the approved drawings:

a)      Fencing:

i)                 1.8m high wood fencing on corner lots abutting streets and lanes;

ii)                Any other fencing as determined by applicable urban design and amenity guidelines.

          The Owner covenants and agrees to provide fencing and in accordance with the Landscape Plans.  No changes or substitutions shall be made without written approval of the Town.

          The Owner covenants and agrees to ensure that all Agreements of Purchase and Sale for all lots in this Plan of Subdivision contain the following clause:

        “THE BUILDER IS FULLY RESPONSIBLE FOR THE CORNER LOT FENCE DESIGN, CONSTRUCTION, AND THE IMPLEMENTATION OF CONSISTENT FINISHES SUCH AS PAINT OR STAIN.”

b)      Micro Hubs and Utility Vaults:

          The Owner covenants and agrees to advise any other carriers that may require a micro hub and other utilities to be located within the subdivision, to submit plans to the Town for review and approval by the Commissioner of Development Services prior to construction.

18.2  Specifications

          The Owner covenants and agrees that all fencing adjacent to road allowances and walkways will be erected entirely on private property and will not be erected on the lot line or into any road allowance or public property.

18.3  Financial Arrangements:

          The Owner covenants and agrees that the detailed design and construction of all fencing, landscaping and micro hubs shall be at no cost to the Town.

18.4  Warranties:

          The Owner covenants and agrees that the fencing are to be guaranteed for two (2) weeks from the date of the Town’s receipt of the Landscape Architect’s certificate of substantial completion with the exception of the masonry features which will be guaranteed as per clauses in Sections    

19.  Waste Management

19.1  This development will receive municipal curbside collection of waste, recyclable, and organic materials.  The Owner must provide adequate access for the collection vehicles.  To ensure adequate access, the Owner must adhere to the following criteria:

                a)    A minimum 7.5m pavement width and 12m turning radius must be provided throughout the site.

                b)    The road configuration must permit the safe flow of collection vehicles so that they will not have to travel in reverse gear.

                c)    If construction on this development is to be phased, or if this subdivision abuts future development land, the Owner must provide adequate turning space for collection vehicles at the phase/ subdivision boundaries.  The turning space must meet Town of Markham Engineering design standards.

                d)    The Owner covenants and agrees to purchase from the Town two recycling containers, one green bin and one kitchen collector per residence so that each purchaser may participate in the Town’s waste diversion program.  Furthermore, the Owner shall ensure that the recycling containers, green bins, kitchen collectors and educational materials are deposited in each home on or before the date of closing.

                e)    The Owner agrees to contact the Town at least four (4) weeks prior to unit occupancy to arrange an appointment time in which the recycling containers, green bins, kitchen collectors and educational materials are to be collected by the Owner.

                f)     The Owner agrees to pay to the Town the cost for the recycling containers, green bins and kitchen collectors as outlined in Schedule ‘D’ to this Agreement and to provide said recycling containers, green bins and kitchen collectors to the purchasers at the same cost as paid to the Town.

                g)    The Town covenants and agrees to provide, at no cost to the Owner, all educational materials necessary to enable the purchaser to participate in the Town’s waste diversion program.

                h)    The Owner covenants and agrees that during the construction phase of the development, unobstructed roadway access to a width no less than  6 metres will be provided for the safe passage of municipal waste and recycling collection vehicles on the designated collection day.  Furthermore, if required, the Owner shall provide vehicle turning space that meets the Town’s Engineering design standards.  The Owner agrees that at times when the above defined access can not be provided, the Owner shall be responsible for moving all residential waste, recyclables and organics from the occupied units to an agreed upon centralized location at the Owner’s expense, for collection by the Town.

                i)     The Owner acknowledges that all waste and recyclable materials will be collected municipally.

20. Enbridge

20.1  The developer is responsible for preparing a composite utility plan that allows for the safe installation of utilities, including required separation between utilities.

20.2  Streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities.

20.3  The developer shall grade all streets to final elevation prior to the installation of gas lines, and provide Enbridge Gas Distribution Inc. with the necessary field survey information for the installation of the gas lines.

20.4  It is understood that the natural gas distribution system will be installed within the proposed road allowance.  In the event that this is not possible, easements will be provided at no cost to Enbridge Gas Distribution Inc.

21.  Other Town Requirements

21.1  The Owner acknowledges and agrees that firebreak lots within the draft plan shall be designated in the subdivision agreement, to the satisfaction of the Fire Chief.  The Owner shall provide a letter of credit in an amount to be determined by the Fire Chief at the subdivision agreement stage to ensure compliance with this condition.

21.2  The Owner acknowledges and agrees that the adequacy and reliability of water supplies for firefighting purposes are subject to the review and approval of the Fire Chief or his designee.

21.3 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 24 for each phase.

 

21.4 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

 

22. Region of York

The owner shall satisfy the Region of York requirements, if required, to the satisfaction of the Town.

23.  Heritage              

23.1  Prior to final approval of the draft plan of subdivision or any phase thereof, the Owner 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 adverse impacts to significant heritage resources to the satisfaction of the Town (Commissioner of Development Services) and 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 related to heritage resources have been addressed in accordance with licensing and resource conservation requirements.

23.2 The owner shall covenant and agree in the subdivision agreement t              o implement measures recommended by the heritage resource assessment, to the satisfaction of the Town and the Ministry of Culture.

24.  External clearances

Prior to final approval of the draft plan of subdivision, clearance letters containing a brief statement detailing how conditions have been met, will be required from authorized agencies as follows:

a)                  The Ministry of Culture

b)                  Canada Post

c)                   Enbridge Gas Distribution

d)                  Region of York (if required)