APPENDIX ‘A’
RECOMMENDED CONDITIONS OF DRAFT PLAN
APPROVAL
PLAN OF SUBIDIVISION 19TM-05002
(CATHEDRAL TOWN PHASE II)
(The
Co-Ownership Of Romandale Farms Limited & 404 Developments Inc.)
1.1 Approval shall relate to Draft Plan of Subdivision 19TM-05002 prepared by Design Plan Services, identified as Drawing Number 0238-2/10, dated August 5, 2005, which shall incorporate the following redline revisions:
a) Revisions to the draft plan of subdivision, if required by the Town of Markham and/or the Region of York, to identify any widening or realignment of the Woodbine Avenue By-pass right of way within the boundaries of this draft plan of subdivision, as well as any associated changes to the adjacent landscape buffer (Block 58), the townhouse blocks (Blocks 43 to 49 inclusive) and the residential reserve (Block 55). These revisions shall be in conformity with a detailed design study for the Woodbine Avenue By-pass, to be undertaken by the Town of Markham. The Owner covenants and agrees to convey to the Region of York, free of all costs and encumbrances, any portion of the Woodbine Avenue By-pass within the boundaries of the draft plan of subdivision, if required by the detailed design study. The Owner further covenants and agrees that the landscape buffer (Block 58), the townhouse blocks (Blocks 43 to 49 inclusive), the residential reserve (Block 55) shall not be released for registration until the detailed design study for the Woodbine By-pass has been completed by the Town, and all required redline revisions to the draft plan and associated conveyances have been completed to the satisfaction of the Town of Markham.
b) Revisions to the draft plan of subdivision in order to meet the requirements of Condition 23.1, if necessary, and to address any minor adjustments to the development limits associated with the Carlton Creek valley and associated environmental buffer, to the satisfaction of the TRCA.
1.2 This draft approval shall apply for a maximum period of three (3) years from the date of issuance by the Town, and shall accordingly lapse on September ______, 2008, 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 release for registration of the draft plan.
1.4 The Owner acknowledges and understands that prior to final approval of this draft plan of subdivision, amendments to Zoning By-laws 304-87 and 177-96 to implement the plan shall have come into effect in accordance with the provisions of the Planning Act.
1.5 The Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of draft approval may require revisions, to the satisfaction of the Town, to implement or integrate any recommendations resulting from studies required as a condition of draft approval, or to incorporate comments and approval conditions not yet received from commenting agencies or Town departments.
2 Roads
2.1 The Owners acknowledge and agree that the
road allowances included within the draft plan of subdivision shall be named to
the satisfaction of the Town and the Regional Planning and Development Services
Department.
2.2 The road allowances within the draft plan shall be dedicated as public highway, free of all costs and encumbrances, to the satisfaction of the Town of Markham.
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 of Markham.
2.4 The Owner shall convey, upon registration of the plan of subdivision, 0.3m reserves as required by the Town of Markham or other agencies free of all costs and encumbrances, to the satisfaction of the Town of Markham.
2.5 The Owner shall
covenant and agree in the subdivision agreement to provide temporary turning
circles and any necessary easements where required at their cost. The Owner shall also covenant and agree in
the subdivision agreement to remove the temporary turning circles and restore
the streets to their normal condition at their cost when required by the Town,
to the satisfaction of the Town of Markham. The design of the temporary turning
circles, and any implications on the surrounding land uses, shall be addressed
in the subdivision agreement to the satisfaction of the Town of Markham.
2.6 The
Owner shall covenant and agree in the subdivision agreement to obtain Region of
York approval to provide direct construction access from any Regional roads and
to provide the Town with a copy of this approval.
2.7 The Owners acknowledge and agree that the road allowances within the draft plan shall have right-of-way widths satisfactory to the Town in accordance with the Internal Traffic Impact Study the and External Traffic Impact Study.
2.8 The Owner shall covenant and agree in the subdivision agreement to obtain Region of York approval to provide direct construction access from any Regional roads and to provide the Town with a copy of this approval. More specifically, the Owner shall covenant and agree in the subdivision agreement that no construction traffic shall be allowed through the intersection of Woodbine Avenue and Elgin Mills Road such that no construction traffic shall be allowed within the hamlet of Victoria Square.
3.1 Prior to release for registration of the draft plan, the Owner shall submit a detailed Noise Impact Study, prepared by a qualified Acoustical Consultant, recommending outdoor and indoor noise control measures for the proposed development, including specific details relating to the width of buffer blocks and height of noise fences, 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, in consultation with the Region of York.
3.3 The Owner shall covenant and agree in the subdivision agreement to convey the necessary Blocks to the Town as buffer blocks, free of all costs and encumbrances. These Blocks shall be conveyed in a physical condition that is satisfactory to the Town.
f) corner lot wood or masonry screen fencing to meet the current Town of Markham standard;
4.2 The Owner covenants and agrees that the detailed design and construction of all landscaping shall be at no cost to the Town and in accordance with the provisions of the approved landscape plans.
5 Parks and Open Space
5.1 The Owner shall covenant and agree in the subdivision agreement to convey parkland Block 57 the Town. The size and location of this block is to be satisfactory to the Commissioner of Development Services and shall be consistent with the approved open space master plan;
5.2 The Owner shall covenant
and agree in the subdivision agreement to convey Blocks 59 and 60 (the walkway
blocks) and Block 58 (landsacape buffer block), free of all costs and
encumbrances. These lands shall be
conveyed in a physical condition that is satisfactory to the Town, and will not
be accepted as part of the required parkland dedication.
5.3 The Owner shall covenant and agree in the subdivision agreement to post approved copies of the Open Space Plan and the Park Development Master Plan in all sales offices for dwelling units within the draft plan of subdivision.
6. Stormwater Management
6.1 The Owner shall incorporate the requirements and criteria of the Environmental and Stormwater Master Plan into the draft approved plan and subdivision agreement.
6.2 Prior to release for registration of the draft plan, the Town and the Toronto and Region Conservation Authority shall approve a stormwater management study, prepared by a qualified engineer on behalf of the Owner, detailing the provision of water quality and quantity management facilities, hydraulic gradelines, overland flow routes, and erosion and siltation controls for the draft plan. The Owner acknowledges and agrees that they will be required to construct the proposed stormwater management facilities and overland routes, provide any easements or lands for stormwater and overland flow purposes, and to revise the draft plan accordingly, as may ultimately be required.
6.3 Upon registration of the plan of subdivision, the Owner shall convey all necessary Blocks to the Town for storm water management purposes, including overland flow routes, free of all costs and encumbrances, in accordance with the recommendations of the Stormwater Management Study, to the satisfaction of the Town and the TRCA.
6.4 Prior to release for registration of the draft plan, the Owner shall submit a detailed design plan for all storm water management Blocks, prepared by a qualified consultant, to the satisfaction of the Town.
6.5 The Owner shall covenant and agree in the subdivision agreement to pay for cash-in-lieu for a Performance Monitoring Program currently undertaken by the Town.
6.6 The Owner shall covenant and agree in the subdivision agreement to obtain a topsoil removal permit in accordance with the Town’s Topsoil Removal By-law prior to proceeding with any on-site works.
7. Municipal
Services
7.1 The Owner shall acknowledge and agree in the subdivision agreement that final approval of the draft plan shall be subject to the Town being satisfied that adequate water supply and sanitary sewer allocation is available to service the development in accordance with the December 15, 1998 Council resolution regarding community water supply allocations and sanitary sewage allocation.
7.2 Prior to release for registration of the draft plan, the Owner shall prepare, to the satisfaction of the Town, a Functional Servicing Report, in accordance with the approved Master Servicing Plan, to determine the infrastructure required for all municipal services internal and external to the subdivision, including sewers, water mains, and roads. Any requirements resulting from this Report shall be incorporated into the draft plan and provided for in the subdivision agreement.
7.3 The Owner shall acknowledge and agree in the subdivision agreement that building permits will not be issued until the Director of Building Services has been advised by the Director of Engineering that water, sewage treatment, utilities and roads satisfactory to the Director of Engineering are available to the lands, except that building permits may be issued for model homes upon terms and conditions established by the Town.
7.4 Prior to release for registration of the draft plan, detailed engineering drawings shall be provided by the Owner in accordance with the Functional Servicing Report, 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, storm water management detail plans, etc. to the satisfaction of the Town.
7.5 The Owner shall satisfy the Town with respect to any and all financial obligations for external municipal works prior to release for registration of the draft plan.
7.6 The Owner shall covenant and agree in the subdivision agreement that the public highways, curbs, gutters, sidewalks, underground and aboveground services, street lights, street signs, etc., shall be designed in accordance with the Town’s design criteria, standards and general engineering principles and established municipal standards to the satisfaction of the Director of Engineering.
7.7 The Owner shall covenant and agree in the subdivision agreement that they shall be required to construct, or pay for the construction of, roads, bicycle lanes, curbs, gutters, sidewalks (in accordance with the applicable Council policy), underground and above ground services, street lights, street signs, utilities, stormwater management facilities, etc., to the satisfaction of the Town.
7.8 The Owner
shall prepare and submit an analysis of water supply and pressures for the
internal water system to the satisfaction of the Director of Engineering, and
comply with any applicable requirements, conditions or assessed costs
established by the Town, the Region of York or any other authorized agencies
prior to the registration of any portion of the draft approved plan.
7.9 Prior to release for registration of the draft plan, the Owner shall pay for and complete a well monitoring/mitigation program and implement the recommendations of this program to the satisfaction of the Director of Engineering. Prior to starting, the details of the program should be submitted to the Director of Engineering for review and approval. Further, the Owner shall covenant and agree in the subdivision agreement to provide securities sufficient to ensure that the well monitoring program is implemented to the satisfaction of the Director of Engineering.
7.10 The Owner shall covenant and agree in the subdivision agreement to pay for their proportionate share of previously constructed servicing for this area to the satisfaction of the Director of Engineering.
7.11 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 bythe fire Chief that there is adequate water supply for firefighting operations and acceptable access for fire fighting equipment is available.
8. Community
Design Plan
8.1 The Owner shall covenant and agree in the subdivision agreement to incorporate the requirements and criteria of the Community Design Plan and Guidelines into all municipal works, site plan and building permit applications within the plan of subdivision.
8.2 The Owner shall retain a design consultant (as per Town of Markham standards) to formulate architectural control guidelines to be submitted to the Town for approval prior to commencement of the sales and marketing program and prior to execution of the subdivision agreement, and shall covenant and agree in the subdivision agreement to implement the architectural control guidelines.
8.3 Prior to release for registration of the Draft Plan of Subdivision, the Owner shall prepare design concept plans, showing proposed lot layouts and elevations, for the proposed “manor homes” and townhouse blocks fronting The Woodbine By-pass (Blocks 43 to 49 inclusive);
8.4 The Owner shall covenant and agree in the
subdivision agreement to contribute a proportional share to the Victoria Square
Streetscape Improvement Study
9. Traffic
Study
9.1 Prior to release for registration of the draft plan, the Owner shall prepare an Internal Traffic Impact Study for the West Cathedral Community, in consultation with the Owners of other lands within the West Cathedral Community. The Owner shall incorporate the requirements and criteria of these studies into the Functional Servicing Report required in Condition 7.3, the draft approved plan and the subdivision agreement, to the satisfaction of the Director of Engineering.
10. Easements
10.1 The Owner shall grant required easements to the appropriate authority for public utilities, drainage purposes or turning circles, upon registration of the plan of subdivision. Any off-site easements and works necessary to connect watermains, storm and sanitary sewers to outfall trunks and stormwater management facilities shall be satisfactory to, and dedicated to, the Town.
11. Utilities
11.1 Prior to release for registration of the draft plan, the Owner shall prepare an overall utility distribution plan (Composite Utility Plan) to the satisfaction of the Town and all affected authorities.
11.2 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 Director of Engineering and authorized agencies.
11.3 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 Consumers Gas, telecommunications companies, etc.
11.4 The Owner covenants and agrees that hydro, cable and bell services will be located in the public allowances for rear laneways.
12. Bell Canada:
12.1 Prior to release for registration of the draft plan of subdivision, Bell Canada shall confirm that satisfactory arrangements, financial and otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipality to be installed underground; a copy of such confirmation shall be forwarded to the Municipality.
12.2 Prior to release for registration of the draft plan of subdivision, the Owner shall enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality and if no such conditions are imposed, the Owner shall advise the municipality of the arrangement made for such servicing.
12.3 The Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant to the provider any easements that may be required for telecommunication services.
13. Canada Post:
13.1 The Owner shall covenant and agree in the Subdivision Agreement 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 Mail Box. The Owner will be responsible for notifying the purchaser of the exact Community Mailbox locations prior to the closing of any home sale.
13.2 Prior to release for registration of the draft plan of subdivision, the Owner will consult with Canada Post Corporation to determine suitable locations for the placement of Community Mailboxes, and will indicate on the appropriate servicing plans:
a) the locations of Community Mailboxes;
b) an appropriately sized section (concrete pad) as per municipal standards, to place the Community Mailboxes on;
c) any required walkways across the boulevard, as per municipal standards; and
d) any required curb depressions for wheelchair access to the satisfaction of the Commissioner of Development Services and Canada Post.
13.3 The Owner shall covenant and agree in the Subdivision Agreement to provide suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalk, and final grading have been completed at the permanent Community Mailbox locations.
13.4 The Owner shall covenant and agree in the subdivision agreement to facilitate the construction of Canada Post facilities at such locations in a manner which is agreeable to Canada Post and the Town (Commissioner of Development Services) and that where such facilities are to be located within public highway rights-of-way, such facilities shall be approved on the Composite Utility Plan and shall be constructed in accordance with the Community Design Plan.
14. Enbridge Consumers Gas:
14.1 The Owner shall covenant and agree in the Subdivision Agreement to:
a) install all of the natural gas distribution system within the proposed road allowances;
b) grade all streets to final elevation prior to the installation of the gas lines;
c) provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Consumers Gas; and,
d) Coordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities
15. Ministry of Transportation Ontario:
15.1 Prior to the release for registration of the draft plan, the Owner shall submit to the Ministry of Transportation for review and approval a copy of the stormwater management report indicating the intended treatment of the calculated runoff.
16. Powerstream:
17. Development
Charges
17.1 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.
18. Environmental Clearance
18.1 Prior to release for registration of the draft plan, the Owner shall submit an environmental clearance prepared by a professional engineering consultant or equivalent, in accordance with MOEE guidelines or other guidelines as appropriate, for all lands to be conveyed to the Town, to the satisfaction of the Town.
18.2 The Owners shall covenant and agree in the subdivision agreement that if during construction of any infrastructure or buildings within the subdivision contaminated soils are discovered, the Owners shall undertake, at their expense, the necessary measures to identify and deal with the contaminate, in accordance with MOE guidelines, or other guidelines as appropriate, to the satisfaction of the Director of Engineering.
19. Heritage
19.1 Prior to release for registration 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 Tourism, Culture and Rec0reation. 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 Tourism, Culture and Recreation to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements.
19.2 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
Tourism, Culture and Recreation.
20. Other
Town Requirements
20.1 Prior to release for registration of the draft plan or any component 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, and sites for places of worship in the West Cathedral Community, to the satisfaction of the 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.
20.2 The Owner shall covenant and agree in the Subdivision Agreement to:
a) purchase from the Town two recycling containers, one green bin and one kitchen collector per residence upon application for occupancy permits so that each purchaser may participate in a waste diversion program;
b) ensure that the containers, units and educations materials are deposited in each home on or before the day closing;
c) contact the Town at least four weeks in advance to arrange an appointment time in which blue boxes, green bins and kitchen collectors are to be collected by the Owner;
d) pay the Town the cost for the containers and units as outlined in condition 20.2 a). The Owner covenants and agrees to collect from the Town all required recycling containers, and that all containers shall be provided to the purchasers at the same cost as paid to the Town;
e) ensure that unobstructed roadway access to a width no less than 6 metres will be provided upon unit occupancy, 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 cannot be provided, the Owner shall be responsible for moving all residential waste and recyclables from the occupied units to an agreed upon centralized location at the Owner’s expense, for collection by the Town
20.3 The Town shall covenant and agree in the Subdivision Agreement to provide at no cost to the Owner all educational materials necessary to enable the purchaser to participate in a recycling program.
21. Fire Department
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 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 that two means of access, independent of one another are to be provided into the development under all conditions.
22. Region
of York
22.1 The road
allowances included within the draft plan of subdivsion shall be named to the
satisfaction of the area municipality and the Regional Planning and Development
Services Department.
22.2 The Region shall confirm that adequate
water supply capacity and sewage treatment capacity are available and have been
allocated by the Town of Markham for the development proposed within this draft
plan of subdivision or any phase thereof.
22.3 The
Owner shall have prepared, by a qualified professional transportation
consultant, a functional transportation report/plan outlining the required The
Regional Municipality of York road improvements for this subdivision. The report/plan, submitted to The Regional
Municipality of York Transportation and Works Department for review and
approval, shall explain all transportation issues and shall recommend
mitigative measures for these issues.
22.4 The
Owner shall submit detailed engineering drawings, to The Regional Municipality
of York Transportation and Works Department for review and approval, that
incorporate the recommendations of the functional transportation report/plan as
approved by the Regional Municipality of York Transportation and Works
Department. Additionally, the
engineering drawings shall include the subdivision storm drainage system,
siltation control plans, site grading and servicing, plan and profile drawings
for the proposed intersections, construction access and mud mat design, utility
location plans, pavement markings, electrical drawings for intersection
signalization and illumination design, traffic control/construction staging
plans and landscape plans.
22.5 Prior to Final Approval, the Owner shall provide a set of engineering drawings, approved by the area municipality, which indicates the storm drainage system, the overall grading plans and all proposed accesses onto The Regional Municipality of York roads, for all lands within this plan of subdivision, to The Regional Municipality of York Transportation and Works Department for verification that all The Regional Municipality of York’s concerns have been satisfied.
22.6 Prior to Final Approval and concurrent with the submission of the subdivision servicing application (MOE) to the area municipality, the Owner shall provide a set of engineering drawings, for any works to be constructed on or adjacent to the Regional road, to the Roads Branch, Attention: Manager, Development Approvals, that includes the following drawings:
a) Plan and Profile for the Regional road and intersections;
b) Grading and Servicing;
c) Intersection/Road Improvements, including the recommendations of the Traffic Report;
d) Construction Access Design;
e) Utility Location Plans;
f) Signalization and Illumination Designs;
g) Line Painting;
h) Traffic Control/Management Plans;
i) Landscaping Plans, including tree preservation, relocation and removals.
22.7 The location and design of the construction
access for the subdivision work shall be completed to the satisfaction of The
Regional Municipality of York Transportation and Works Department and
illustrated on the requested engineering drawings.
22.8 Any existing driveway(s) along The Regional Municipality of York road frontage of this subdivision must be removed as part of the subdivision work, at no cost to The Regional Municipality of York.
22.9 Elevations along the streetline shall be 0.3 metres above the centerline elevations of the Regional roadway.
22.10 The Owner shall submit drawings depicting the following to the satisfaction of York Region staff:
a) All existing woody
vegetation within the Regional Road right of way,
b) Tree protection measures to be
implemented on and off the Regional Road right of way to protect right of way
vegetation to be preserved,
c) Any woody vegetation within the
Regional Road right of way that is proposed to be removed or relocated. However, it is to be noted that tree removal
within Regional 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 Regional 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 Regional 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, they will require the approval of the local municipality and be supported by a maintenance agreement between the municipality and York Region for area municipal maintenance of these features. In addition, the agreement should indicate that where the area municipality does not maintain the feature to the Region’s satisfaction, the area municipality will be responsible for the cost of maintenance or removal undertaken by the Region.
22.11 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 Regional Municipality of York Transportation and Works Department recommending noise attenuation features and the Owner shall agree to implement these noise attenuation features to the satisfaction of The Regional Municipality of York’s Transportation and Works Department.
22.12 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Regional Transportation and Works Department, that prior to the release of any security held by York Region in relation to this plan of subdivision, and where 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.
22.13 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".
22.14 Where noise attenuation features will abut a Regional right-of-way, the Owner shall agree in the subdivision agreement, in wording satisfactory to The Regional Municipality of York’s Transportation and Works Department, as follows:
a) that no part of any noise attenuation feature shall be constructed on or within the Regional right-of-way;
b) that noise fences adjacent to The Regional Municipality of York roads may be constructed on the private side of the 0.3 metre reserve and may be maximum 2.5 metres in height, subject to the area municipality's concurrence;
c) that maintenance of the noise barriers and fences bordering on The Regional Municipality of York right-of-ways shall not be the responsibility of The Regional Municipality of York; and
d) that any landscaping provided on The Regional Municipality of York right-of-way by the Owner or the area municipality for aesthetic purposes must be approved by The Regional Municipality of York Transportation and Works Department and shall be maintained by the area municipality with the exception of the usual grass maintenance.
22.15 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Regional Transportation and Works Department to construct sidewalks along the east side of the Woodbine Avenue By-Pass across the full frontage of the subject lands.
22.16 The Owner shall agree in the subdivision agreement, in wording satisfactory to the Regional Transportation and Works Department, to advise all potential purchasers of the future transit services along Woodbine Avenue By-Pass. This can be achieved through distribution of information/marketing materials at sales offices and appropriate notification clauses in purchase agreements.
22.17 Prior to Final Approval the Owner shall
provide a signed copy of the subdivision agreement to the Regional
Transportation and Works Department, outlining all requirements of the Regional
Transportation and Works Department.
22.18 The Owner shall provide a solicitor's
certificate of title to the Region's Corporate and Legal Services Department,
to the satisfaction of the Regional Solicitor, at no cost to the Region, with
respect to the conveyance of lands to The Regional Municipality of York.
22.19 The
Owner shall enter into an agreement with the Region of York, agreeing to
satisfy all conditions, financial and otherwise, of the Regional Corporation;
Regional Development Charges are payable prior to final approval in accordance
with By-laws DC-0005-2003-050
and # DC-0005(a)-2005-060.
23. Toronto
and Region Conservation Authority
23.1 Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the Owner shall:
a) submit a detailed engineering report for the review and approval of the Toronto and Region Conservation Authority (TRCA), that describes the storm drainage system (quantity and quality) for the proposed development of the subject lands, and how it will comply with the East Cathedral MESP. This report shall include:
· Plans illustration 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?
· stormwater management techniques which may be required to control minor or major flows;
· appropriate Storm Water Management Practices (SWMP’s) to be used to treat storm water, 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;
· proposed method for controlling or minimizing erosion and siltation on-site and in downstream areas during and after construction;
· location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 158, the Authority’s Fill, Construction & Alteration to Waterways Regulation;
· Overall grading plans for the subject lands.
23.2 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 referred to in the report(s), as required in Condition 23.1.
b) to obtain a permit for the works described in Condition 23.1 above.
c) to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Toronto and Region Conservation Authority.
24. External Clearances
Prior to release for registration of the draft plan of subdivision, clearance letters, containing a brief statement detailing how conditions have been met, will be required from authorized agencies as follows:
(a) The Regional Municipality of York Planning Department shall advise that their conditions and requirements have been satisfied.
(b) The Toronto and Region Conservation Authority shall advise that their conditions and requirements have been satisfied.
(c) Bell Canada shall advise that Conditions 12.1 to 12.3 inclusive have been satisfied.
(d) Canada Post Corporation shall advise that Conditions 13.1 to 13.3 inclusive have been satisfied.
(e) Enbridge Consumers Gas shall advise that Condition 14.1 has been satisfied
(f) The Ministry of Transportation Ontario shall advise that Condition 15.1 has been satisfied.
(g) Powerstream shall advise that Condition 16.1 has been satisfied
(h) The Ministry of Tourism, Culture and Recreation shall advise that Conditions 19.1 and 19.2 have been satisfied.
Q:\Development\Planning\APPL\SUBDIV\05
009154 Cathedraltown phase II\draft plan conditions-Cathedral Town Phase II -
draft 2.doc