HomeMy WebLinkAboutPSD-030-13 Clatington REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 10, 2013 Resolution#: 13 By-law#:
Report#: PSD-030-13 File#: PLN 7.6
Subject: INFORMATION FOR NEW HOME BUYERS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-030-13 be received;
2. THAT the revised New Home Sales Facilities Policy (Attachment 2) be approved; and
3. THAT all interested parties listed in Report PSD-030-13 and any delegations be advised
of Council's decision.
CA
Submitted by: Reviewed by.
David . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
CS/CP/df
4 June 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-030-13 PAGE 2
1. BACKGROUND
1.1 On June 25 2012, the General Purpose and Committee received Report PSD-034-012
recommending that the Ontario Municipal Board approve applications for Official Plan
Amendment, Draft Plans of Subdivision and rezoning submitted by Smooth Run
Developments and Brookfield Homes for development in North Newcastle Village
Neighbourhood.
In addition to the various resolutions related to the development applications Committee
added the following the resolution:
"THAT the developer or sales agent must provide all potential home purchasers
a printed notice, separate from purchase and sales agreements, of the train
whistle information and related noise they will expect to hear, including proximity
to the train tracks and the timing of train whistles."
1.2 At the subsequent Council Meeting, the following resolution was passed:
"THAT staff be directed to report on information to be disclosed by developers to
new homebuyers specifically relating to potential impacts of other land uses
within the area such as train whistles and location of zoos."
1 .3 Staff have taken this opportunity to review the role of the Municipality in ensuring
accurate information is provided to potential home purchasers/homeowners at the time
of their purchase. This report is to advise Council of the current requirements imposed
on developers to disclose information to new home purchasers, to discuss some
challenges in the enforcement of these requirements and to recommend changes to
improve current policies and procedures.
1.4 An important consideration in this topic is the extent of the Municipality's role in
consumer protection. The federal government has the primary role in consumer
protection with legislation in force through the Competition Bureau of Canada, for false
or misleading marketing practices. There is the Tarion Warranty Corporation, the
building industry organization designated to operate the Ontario New Home Warranties
Plan Act. Real estate professionals and lawyers have a role in protecting purchasers
and they too have governing bodies.
1.5 The Municipality is not responsible for ensuring all the information is provided to a new
home purchaser nor does have the authority or resources to regulate the various parties
involved. The Municipality's involvement should be limited to public education regarding
the arrangements with the developers, who actually enter into a subdivision agreement
with the Municipality, These education measures avoid future misunderstandings that
become the Municipality's problem after the purchaser takes possession of the home.
REPORT NO.: PSD-03013 PAGE 3
2. CURRENT REQUIREMENTS TO DISCLOSE INFORMATION TO NEW HOME
BUYERS
2.1 There are two ways in which the Municipality requires developers/builders to disclose
certain information to new homebuyers. They are:
• Warning clauses and notices in Agreements of Purchase and Sale; and
• Marketing and Display Material in Sales Facilities.
2.2 Warnin Clauses and Notices
2.2.1 Warning clauses in Agreements of Purchase and Sale are utilized to advise potential
purchasers of a condition or conditions which may affect the daily enjoyment and/or
activities in and around their dwellings. They can be specific to a lot or can be used to
advise the potential purchaser of a broader impact.
2.2.2 Warning clauses may be imposed by the Municipality of Clarington or at the request of
an external agency, such as the Region of Durham or the public or separate school
board at the time of draft approval of a plan of subdivision or site plan.
The warning clauses typically are used where applicable for issues identified through
the review of the draft plan and added into the conditions of Draft Approval. Those
issues are noted below:
• Noise, odour and other impacts from a farming operation or a zoo;
• Train whistles;
• Grading conditions and retaining walls;
• Noise and/or vibration which may exceed the Ministry of Environment sound level
criteria and require mitigation; and
• School site which may not be built upon for several years, if at all, depending on
available funding from Ministry of Education.
Additional warning clauses may be added once the details of the subdivision unfold
through the review of the engineering drawings. A list of the most commonly used
warning clauses is shown on Attachment 1.
2.2.3 In addition, the standard subdivision agreement contains Notices applicable to the entire
subdivision that the developer/builder is required to include in an Agreement of
Purchase and Sale, these often include:
• On-street parking provisions of the Municipality of Clarington Traffic By-law.
• Type of mail service and location of mail boxes;
• Gate Access to Municipal Open Space; and
• Potential location and maintenance of any fencing installed by the developer.
2.2.4 The warning clauses and notices are incorporated into the subdivision/site plan
agreement between the Municipality of Clarington and a developer. The agreement is
registered on title for each lot and block within the phase that is being registered. The
REPORT NO.: PSD-430-13 PAGE 4
agreement requires the developer to add the relevant warning clauses and notices in
the Agreement of Purchase and Sale for each lot or unit.
2.3 Marketing and Display Material in Sales Facilities
2.3.1 In October 2001, Council expressed concerns with the accuracy of information being
provided by developers and builders to potential purchasers. In response, staff prepared
and Council approved a "New Home Sales Facilities" policy. The policy requires the
developer/builder to provide certain information to the new home purchaser about the
subdivision itself and the surrounding existing and future land uses.
In the sales office, the following is to be provided:
i) A Land Use Plan of the approved plan of subdivision with information correctly
identifying future surrounding land uses in conformity with the Clarington Official
Plan and Zoning By-law, and the engineering facilities (sidewalks, community
mail boxes, park fencing etc.) in accordance with the approved Engineering—
General Plan;.
ii) The Engineering -- General Plan as approved by the Director of Engineering
Services; and
iii) A poster from the Municipality regarding municipal contacts for enquiries from
potential home purchasers.
In addition, the policy requires Staff to inspect the sales office once annually to ensure
the above noted information is adequately displayed.
2.3.2 In addition to the policy, the standard subdivision agreement requires the developer to
erect a sign on the subject site that displays a plan of the development that illustrates all
roads, lots or blocks within the Plan of Subdivision. This plan shall identify the future
housing types and distribution of each type, the location of parks, open space blocks,
schools or commercial blocks proposed on lands as well as all future uses of lands
which abut the property as identified in the Municipality's Official Plan and/or approved
draft plans in the vicinity.
2.3.3 Although currently not in the policy, Staff have been requesting the developer to provide
a copy of the marketing material, particularly for larger developments with multiple
phases to determine if the information provided about the subdivision and surrounding
land uses are clearly and correctly depicted and displayed. Staff do not comment on
marketing themes, pictures and graphics unless they are misleading.
3. CHALLENGES
3.1 Ensuring that a new home buyer is fully informed about the purchase of a new home is
challenging. Some of those challenges are:
REPORT NO.: PSD-030-13 PAGE 5
• Timing of Sale
The Planning Act allows a developer/builder to offer homes for sale once draft
approval is issued. This is common practice since sales are used to test the market
for a housing product and generate funds for the project prior to final approval and
registration of the plan. The marketing program is often advanced far ahead of any
subdivision agreement with the Municipality which means Staff do not always have
an opportunity to review the marketing material to determine if the land use map
adequately depicts surrounding land uses or prepare the warning clauses and
notices in the agreement which should then be placed in the Agreements of
Purchase and Sale prior to a developer commencing their marketing.
• Dissemination of information between the developer and sales agents
The subdivision agreement is between the developer and the Municipality. The
developer, however, may sell lots to a builder, which staff may not be aware of until
building permits are submitted to the Municipality by the builder. The builder may
have purchased the lots in advance of the subdivision agreement being negotiated
between the developer and the Municipality or may not be familiar with the
requirements of the subdivision agreement and launch their own marketing program
without being aware of the requirements to post a Land Use Plan or about warning
clauses.
Sales agents, although licensed by the Ontario Real Estate Council, may not be as
well versed in details of the subdivision agreement as the developer and may not
provide fulsome or detailed information.
• Print and Social Media
Builders have traditionally used print media (i.e. This Week, Toronto Star or Globe
and Mail) or radio to advertise their homes. In addition, flyers are distributed door-to-
door or inserted in the newspaper. Now, websites and social media are increasingly
used to market new homes. Monitoring all of these advertising is virtually impossible.
• Informing buyers of resale homes
Warning clauses and notices in Agreements of Purchase and Sale only benefits the
buyer of a new home in a subdivision, since in most circumstances the subdivision is
not built at the time of purchase which means the purchaser buys based on the
information provided by the sales agent and printed material.
However, informing the resale buyer of warning clauses and notices becomes more
difficult, because although subdivision/site plan agreements are registered on title,
the Solicitor acting on behalf a purchaser may not fully read the subdivision
agreement, and advise his/her client of any concerns.
REPORT NO.: PSD-030-13 PAGE 6
•
Multiple Points of Sale and Reuse of Sales Pavilions
Typically, sales pavilions require site plan approval. This is an opportunity for staff to
review their marketing material. It is difficult to monitor sales pavilions due to a
variety of factors:
• Sales offices can be re-used by various developer/builders. Once a sales office
receives site plan approval and is established, it then can be vacated by one
builder and re-used by others without the need for site plan approval or a building
permit. In this instance, staff are not aware that a new builder is marketing from
an existing facility and therefore the marketing material may not be provided to
staff.
• Many developers have multiple projects, sometimes in different municipalities.
Thus a sales pavilion may be at the site of the subdivision but increasingly they
could be off-site. Homes could be sold out of a sales pavilion in Oshawa, for
example, even if there is a sales pavilion in Clarington.
• Lots may be purchased by a small custom home builder who does not sell from a
sales office therefore a land use plan may not be provided to purchaser.
• Given the workload, it is difficult for staff to monitor the information provided in
sales pavilions. This is seen as a lesser priority than moving an approved draft
plan through to final approval or dealing with new applications.
4. REVIEW OF MUNICIPAL BEST PRACTICES
4.1 In staff's review of our current policies and procedures, staff reviewed the practices
across some other GTA municipalities. A summary of the information gathered is
contained in Table 1.
Table 1
Summary of Practices in Other Municipalities
Municipality Policy and/or Procedure
City of Oshawa • The City provides the developer with two Exhibits. They form
schedules to Agreements of Purchase and Sale. The
schedules show the Official Plan designation and zoning of all
lands within 120 metres of the Draft Plan.
• The exhibits are displayed in a visible location in the sales
office.
• Staff do not inspect sales offices.
Town of Whitby In the sales office:
• Map of Zoning By-law and Official Plan designations for the
area 120 feet from the Plan of Subdivision.
REPORT NO.: PSD-030-13 PAGE 7
Municipality Policy and/or Procedure
o Map showing location of public parks and walkways within the
Plan of Subdivision.
Map showing the location of all sidewalks, above ground
utilities and fencing.
• A display poster indicating municipal contact information as
follows:
Engineering design, lot grading, utility coordination;
Approved land uses, zoning, official plan designations;
• Location and design of parks;
Location and information of existing or proposed schools;
and
Staff do not inspect sales offices.
Town of Milton . Developer/builder is required to provide a copy of Agreements
of Purchase and Sale to staff for review to ensure the warning
clauses and notices have been added.
Staff do not inspect sales offices.
City of Vaughan . The Owner is required to post a community or block plan in
the sales offices, which is approved by the Planning
Department. The plan shows the proposed development in the
context of the broader community.
• Staff does inspect the sales office.
City of Burlington . Staff do not review the marketing material.
o Staff do not inspect sales offices.
Clarington's policy and procedures are similar in many ways to other GTA municipalities
and, in fact, are more fulsome than many. However, some changes are recommended.
These are reviewed in Section 5.
5. PROPOSED CHANGES
5.1 The two requirements identified in Section 2 of this report are somewhat effective in
ensuring that first time purchasers are informed about the home they intend to purchase
and the surrounding area. In response to the Council resolution, the policies and
procedures have been reviewed and some changes are recommended. These are
discussed below.
5.2 New Schedules to Purchase and Sale Agreements
Subdivision and site plan agreements are legally binding agreements between the
Municipality and the developer. The agreement requires the developer to include
warning clauses and notices in Agreements of Purchase and Sale. This ensures that
there is disclosure of any adverse conditions or nuisances that may affect a new home
buyer.
REPORT NO.: PSD-030-13 PAGE 8
Once registered on title, the developer/builder and sales agents should review all
aspects with respect to an Agreement of Purchase and Sale with a new homebuyer.
Being registered on title provides opportunity for the resale purchasers, to do their due
diligence prior to buying. Homebuyers have a responsibility to review the registered
agreement, understand it and be comfortable with it and any conditions including
warning clauses prior to finalizing a purchase.
Proposed Changes
• As part of our customer service initiative arising from the Developers Roundtable,
the Municipal Solicitor and staff have been working to simplify the wording of
subdivision and site plan agreements. The revised format will reposition the
warning clauses and notices from the body of the agreement and place them on
separate schedules to the agreement. This proposed change will make them easier
to locate and ensure all the warning clauses/notices are in one place. The
developer can simply attach the schedules from the subdivision agreement to the
Agreements of Purchase and Sale.
• The second proposed change is to require the developer/builder to attach to all
Purchase and Sale Agreements attach an exhibit, prepared by the Municipality, that
shows the long term land use from the Municipality's Official Plan or a Secondary
Plan. This plan will show the Official Plan designation of all lands within 500 metres
of the approved draft plan.
• Staff will now require the developer/builder to provide staff with the standard
Agreement of Purchase and Sale for review to ensure all warning clauses, notices
and the exhibit are attached prior to issuance of the first building permit.
5.3 Consumer Information Guide Website
In an effort to assist new homebuyers in making an informed decision when buying a
new home, Staff prepared a guide entitled Buying a Home in Clarington. AGuide to
what you should know and ask. The guide is intended to help new homebuyers identify
what they should know before buying a new home in Clarington and help them make an
informed decision. The Guide has been posted on the Municipality's website. A hard
copy is shown on Attachment 3.
Staff are planning to use the context of "Buying a New Home In Clarington" as a basis
for periodic social media messages issued on the Municipality's Facebook page.
5.4 Revisions to the New Home Sales Facility Policy
• Information in the Sales Office
The policy will continue to require the sales office to include a Land Use Plan that
accurately shows information about that development and surrounding uses,
however, the requirement to post the Engineering General Plan and a poster about
contact information at the Municipality for more information on various aspects of
the development are removed.
REPORT NO.: PSD-030-13 PAGE 9
The requirement to display the Engineering Drawings has been removed for two
reasons, the drawings are rarely displayed since they are very technical in nature
appearance are difficult to read and do not fit in with the marketing theme, and
secondly they may be difficult to interpret to the untrained individual and therefore
the information on the drawings may be misinterpreted. The policy will now require
the contact information to be displayed on the Land Use Plan.
• Enforcement
The current policy states that staff may withhold building permits or the release of
occupancy deposits unless the marketing material is submitted.
Under the provisions of the revised Ontario Building Code (OBC), the Chief Building
Official must issue building permits where all applicable law has been met. Prior to
2007 the term "applicable law" was not defined. Changes to the Building Code now
state that applicable law includes the execution of an agreement, however, the
terms or conditions therein are not considered applicable law. A subdivision
agreement is not applicable law according to the Ontario Building Code. Therefore,
a building permit must be issued if the permit is complete and complies with
applicable law, specifically zoning. As such, the ability to withhold building permits
in keeping with the policy is not enforceable.
• Inspection of Sales Pavilions
Although time consuming, Staff will continue to inspect sales offices to ensure the
Land Use Plan is posted.
5.5 Community Events
Municipal staff could take a more proactive approach with housing consumers by
attending certain community events, such as a booth at the 2014 Clarington Home and
Garden Show. The event is focused on home improvements, some of which may
require either permits for alterations to the site or building. Staff could explore
attending this event, on a trial basis to determine if this is an effective way of reaching
out to the new homebuyer or homeowner.
Funds would have to be incorporated into the 2014 budget.
6. CONCURRENCE - The Director of Engineering Services and the Municipal Solicitor
concur with the recommendations contained in this report.
7. CONCLUSIONS
7.1 Purchasing a home is one of the most significant financial decisions people will make.
Due diligence prior to making such a decision is important. It is ultimately up to the
consumer to undertake the appropriate research. Monitoring business practices is not a
REPORT NO.: PSD-030-13 PAGE 10
municipal function and it is staff's opinion that role of the Municipality in protecting the
consumer should be limited.
7.2 Reviewing marketing materials and inspecting sales offices are time consuming relative
to effectiveness. Whereas including warning clauses/notices in subdivision agreements
and ensuring that they are included in the Agreements of Purchase and Sale help to
notify the new home buyer of various aspects of the home or neighbourhood. This is a
more practical role for the municipality.
The resale buyer should be aware of what they are buying by inspecting the home and
exploring their neighbourhood prior to purchasing a resale home.
7.3 There are other mechanisms that homeowners can take action on if they have concerns
about information provided to them by the developer/builder and their agents, such as
seeking action through the title insurer, Tarion for home warranty issues, the
Competition Bureau of Canada for false or misleading representations or through the
Real Estate Council of Ontario or with respect to the Law Society of Upper Canada for
failure to adequately inform their client of warning clauses and notices.
7.4 Staff in the Planning Services and Engineering Services Department are more than
willing to answer questions and provide information to potential purchasers, whether at
the counter, on the phone or by email. In addition, the new home buying guide will
provide questions and answers that purchasers may not have considered, but could
impact the enjoyment of their home.
7.5 It is respectfully recommended that the revised Policy in Attachment 2 be APPROVED.
CONFORMITY WITH STRATEGIC PLAN — Not applicable
Staff Contact: Cynthia Strike, Principal Planner
Attachments:
Attachment 1 - Warning Clauses/Notices
Attachment 2 - Amendment to New Home Sales Facility Policy
Attachment 3 - Information for Home Buyers
List of interested parties to be notified of Council's decision:
BILD —Building Industry and Land Development Association
Attachment 1
To Report PSD-030-13
Common Warning Clauses found Subdivision or Site Plan Agreements
The following warning clauses may found in Agreements of Purchase and Sales. They
may be general warning clauses are specific to a dwelling unit/lot.
1. General Warning Clauses
• "Purchasers and/or tenants are notified that there are existing farm
operations nearby and they will not object, complain or seek legal action
against nuisances such as noise, odour, dust or illumination resulting from
normal farming practices"
• "Purchasers and/or tenants are notified that despite measures to attenuate
noise caused by the adjacent railway, whistling from oncoming trains may be
heard on a regular basis, Train whistling protocol is regulated and enforced
by Transport Canada"
• "Due to the proximity of this plan to the Bowmanville Zoo, purchasers should
be aware that noises and odours made by the animals may interfere with
some activities of the dwelling occupants and they shall not object, complain
or seek legal action against such nuisances."
• "The Purchaser acknowledges that the lot and/or block shall be graded by the
purchaser's builder in accordance with plans approved by the Municipality of
Clarington and that issues regarding quality of workmanship should be directed
to the purchaser's builder. Such lot and/or block grading may be required to
accommodate drainage from surrounding lands and may include swales,
slopes, retaining walls and where applicable sewers and catchbasins on
easements. In order to accommodate existing constraints such as existing
topography, existing physical features on adjacent lands the final grading
design may vary from the Municipality's guidelines as determined appropriate
by the Director of Engineering Services, The purchaser should be aware that
these measures may limit the use of certain areas of their property and must
satisfy themselves with respect to the final grading of their lot and/or block."
• "Purchasers and/or tenants of lots or units are advised that parkland may not
be fully developed at the time of occupancy. The timing of parkland
development and the programming of parkland are at the discretion of the
Municipality."
2. Typical Warninq Clauses for Homes specificalIV identied in a Noise Repo .
• Lot X, as shown on Drawing No. Project No. , now identified as
Lot X on the draft 40M-Plan:
O "Purchasers are advised that despite the inclusion of noise abatement
features within the development area, sound levels from road traffic
may be of concern, occasionally interfering with some activities of the
dwelling occupants as the sound level will exceed the Ministry of
Environment's noise criteria."
"This dwelling unit was fitted with a central air conditioner to allow the
windows and exterior doors to remain closed, thereby achieving indoor
sound levels within the limits recommended by the Ministry of
Environment. (Note: The location and installation of the outdoor air
conditioning device should be done so as to comply with the noise
criteria of MOE Publication NPC-215, Residential Air Conditioning
Devices and thus minimize the noise impacts both on and in the
immediate vicinity of the subject property.)"
"An acoustical barrier (fence) has been/will be constructed on this lot to
help reduce outdoor noise levels in the rear yard. This fence is not to
be tampered with or removed by the homeowner."
3. Warning Clauses from School Boards
• "Purchasers and/or tenants are advised that while an elementary school
site/secondary school site has been reserved within the approved draft plan
of subdivision for the District School Board School
that it may not be constructed and used as an Elementary School
site/secondary school site. All potential purchasers are further advised that
an existing District School Board will be
used to accommodate all public /separate elementary pupils until such time
as any new Elementary School/Secondary School can be constructed within
the draft plan. If a new Elementary School is not constructed within the
approved draft plan, pupils will be accommodated at an existing
elementary/secondary school.
4. Warning Clauses from Canadian Pacific/National Railway
• "Purchasers and tenants are warned of the existing of Canadian Pacific
Railway's operated right-of-way; the possibility of alterations to or an
expansion of its rail facilities thereon in the future, including the possibility
that the Railway may expand its operation, which expansion may affect the
living environment of the residents notwithstanding the inclusion of noise and
vibration attenuating measures in the design of the subdivision and individual
units, and that the Railway will not be responsible for complaints or claims
arising from the Railway's use of its facilities and/or operations."
• "Despite the noise control features implemented within the development
and/or within the individual dwelling units, noise levels from the adjacent
Canadian Pacific Railway may occasionally interfere with some activities of
the dwelling occupants."
• "Purchasers and tenants are notified that the berm, fencing and other noise
attenuation measures are not to be tampered with or altered and further that
the Owner shall have the sole responsibility for and shall maintain these
measures to the satisfaction of Canadian Pacific Railway."
Attachment 2
To Report PSD-030-13
PLANNING SERVICES DEPARTMENTAL POLICY
SUBSECTION: SUBDIVISIONS SUBJECT: NEW HOME SALES FACILITIES
PSD-SUB001
APPROVED BY: Council DATE APPROVED/ UPDATED: May 31, 2013
PURPOSE:
To ensure that accurate information is provided to new homebuyers in new home sales facilities
with regard to future land uses and that warning clauses/notices are provided in Agreements of
Purchase and Sale.
POLICY:
1. NEW HOME SALES FACILITIES shall include sales trailers, pavilions, model homes and
offices used for the purpose of selling new homes within a plan of subdivision.
DEVELOPER shall mean the party which has executed a subdivision/site plan
agreement with the Municipality or is the development company which is the
successor in title to that Agreement.
BUILDER shall mean any party which has purchased lots from the developer for the
purpose of constructing and selling homes.
LAND USE PLAN shall mean a plan prepared by the Planning Services Department and
provided to the Developer/Builder of the approved draft plan of subdivision or approved site
plan with information that correctly identifies the future surrounding land uses in conform
with the then current consolidation of the Clarington Official Plan and Zoning By-law and
the engineered facilities (sidewalks, community mail boxes, parks, etc.) in accordance with
the approved Engineering-General Plan.
EXHIBIT shall mean a map from the Clarington Official Plan which shows the long term
approved land uses with 500 metres of the subject site.
2. All new home sales facilities require site plan approval.
3. The Developer/Builder shall:
i) Upon the issuance of Draft Approval from the Director of Planning Services, erect
and maintain a sign on the Development Site and in the Sales Office which shows a
Land Use Plan and contact information, as approved by the Director of Planning
Services; and
MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT
L'Administration\REPORTSM13 RepertsQune 10.13 GPA.doc\PSD-030-13-Attachment 2.doc
SUBSECTION: SUBDIVISIONS SUBJECT: NEW HOME SALES FACILITIES
PSD-SUB001
APPROVED BY: Council DATE APPROVED/ UPDATED: May 31, 2013
ii) Add an Exhibit to the Agreements of Purchase and Sale.
iii) The developer shall submit the standard Agreement of Purchase and Sale to Staff
which includes the warning clauses/notices and the Exhibit prior to the issuance of
the first building permit.
4. Any marketing material shall include the approved Land Use Plan.
5. Municipal staff shall inspect new home sales facilities at least once annually to ensure that
all material is correctly displayed and conforms with municipal approvals.
MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT
]MdministrationWEPORTSMU Reports\June 10-13 GPA.doc1PSD-030-13-Attachment 2.doc
_ Attachment 3
To Report PSD-030-13
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This brochure is intended to help you identify what you should know before you buy a new home in Clarington
and help you make an informed decision. The information provided here may also be a benefit to you if you are
purchasing a resale home in Clarington.
It Is Important for you to get answers to the questions below,before you purchase a new home.
rho following pages will provide you with more detalled information on why these questions are important.
About Your
Neighbourhood About Your Street About Your Lot About Your Community
• Where are the nearest • Will I have a sidewalk on • Is a paved driveway • How does development
schools? my side of the street? included with my new happen in my community?
• Will the"future school' • When will the roads and house? • Where are the fire
shown on the sidewalks be completed? • What can I build on my stations?
neighbourhood plan • Will there be much mud i property? . Who maintains the roads,
actually be built? and dust and if so,for • Will my lot be fenced? bridges and sidewalks?
• Will my children be bused how long? . What are the • What do l need to know
to school? • Will there be utility requirements for garages, ':, about being a responsible
• What are the local transit boxes in my front yard? driveways and parking pet owner in Clarington?
services? • Is there on-street parking I'i spaces? • What recreational
• What is planned for the and what are the speed • When will my lot be activities are in my
empty field behind my lot? limits7 sodded? community?
• What other development • When is garbage day? • What noise sources
is planned/proposed • Where will mail be should I be aware of?
nearby? picked up? • What do I need to know
• Will there be a park about grading and
nearby? drainage on my property?
• What is the purpose of the
nearby Stormwater
Management Pond?
• Is my subdivision assumed
and what does this mean?
Read your Purchase and Sale Agreementl
Your Purchase and Sale Agreement is a legal document and before you sign it you should take time to review the
details carefully with your lawyer including any warning clauses and notices attached to the Agreement.
If you are paying a premium for your lot, ask your builder or a representative from the new home sales office for details
on what will be provided for the premium and ensure the premium is clearly defined in your Purchase and Sale
Agreement.
Prepared by the Planning Services Department
March 2013 Page 1
j About Your Neighbourhood.,. What is planned for the Undeveloped Land
Schools facilities
around your Home
A wide variety of uses may be planned for vacant land in
Schools on designated sites in your neighbourhood are not your neighbourhood, such as apartment buildings,
guaranteed. Although the Municipality of Clarington institutional facilities, stores, offices or industrial
� approves future school sites in conjunction with the school buildings. In addition, applications to change land uses
boards, the respective school board decides unilaterally can be made at any time.
whether a school will be built or not. If the school board
chooses not to proceed with building a school, the property If you are interested in what might be developed in your
may be sold and used for other purposes. Attendance at neighbourhood, please speak with a Planner at the
schools in the areas that still have to be constructed is also Planning Services Department,
not guaranteed. Students may be accommodated in
temporary facilities or directed to schools outside of the You can contact the Planning Services Department by
area. visiting the Municipal Administrative Centre (MAC), 3`d
Floor Planning Counter, by phone at 906-623-3379 or
For information on bussing and a listing of existing schools via email at planningC+)clarington net ■
and those planned in the near future you should contact the
Spaces
S p d Open an en
applicable school board: Par P
Kawartha Pine Ridge District Public School Board OR P-ar_ks
Peterborough Victoria Northumberland and Clarington Parkland in the area where you are hoping to buy a
Catholic District School Board home may not be fully designed at the time your
Purchase and Sale Agreement is signed and may not be
If you purchase a lot near a school site please note that fully built until several years after you move in.
temporary facilities such as portables for extra students may
be located on the school property close to your house and Neighbourhood parks are intended for neighbourhoods
® some school areas may be lit at night. You will also notice while community parks will usually contain lighted
increased traffic during morning drop-off and afternoon sports fields and serve a number of neighbourhoods.
District parks serve the entire municipality.
pick-up times.
Your school may be serviced b Crossing Guard. T Parks may contain a variety of active and passive
y y a s g he
placing of Crossing Guards is determined using the method recreational uses such as soccer, softball, basketball play
developed by the Institute of Transportation of Engineers
areas,water features and possibly a parking lot.
expressed in percentage of the studied time where school
children will experience delay or difficulty in crossing a r.
street. Clarington adopted 50% as the threshold for the
introduction of an Adult School Crossing Guard. ■ -
Roads to and from your home
The type of road that your house is on will determine the
amount and type of traffic you can expect.
For information on roads please contact our Engineering
Services Department or email them at
engineering @clarington.ri_et. ■ Open Spaces
Public Transit If your lot is next to a woodlot, trail, hydro/gas corridor,
Public Transit is managed by the Regional Municipality of sloxm'Prater management Pond, buffer or stream, please
Durham. For information on transit routes in Clarington, recognize that these are public spaces and there may be
I fares,specialized transit and rider information visit pedestrian and/or cycling traffic through the areas.
http://www.durhamregiontransit.com/mapsLpages/ Some of these areas may have lighting installed.
Clarington.aspx ■ Although these lands may be directly behind or beside
your lot, these areas may not be used for individual
sheds or play equipment.
Prepared by the Planning Services Department
March 2013 Page 2
r
About Your Neighbourhood...Continued About Your Street...
Prior to the Municipality assuming the subdivision, the
Becaus� these areas are intended to be maintained in a developer will request a final inspection of all public
natural state, grass and weed cutting will not occur. services and will correct all deficiencies to the
Please respect their environmental significance. Municipality's satisfaction. Once the maintenance period
has expired the developer may request assumption of the
subdivision. Clarington Council then approves the
assumption of the subdivision and the associated
municipal services. ■
.Sidewalks
I If your street has sidewalks it is the homeowner's
>;. responsibility to remove snow and ice for any sidewalk
abutting their lot.
Call or visit the Engineering Services Department
(Engine-erinq(@clarington.net) with your street name and
lot number and they will be able to advise whether or not
sidewalks are planned for your side of the street and their
location.■
If you have a fence that was installed by a developer that
separates your lot from a municipal open space area or Utilities andServiees
I park, the fence is located entirely on municipal property The subdivision developer arranges for the provision and
and you are not allowed to install a gate in the fence or installation of underground electrical, gas supply, cable
alter the fence in any way. television, telephone, and mail distribution systems with
To learn more about parks and open spaces in your the local utilities.
neighbourhood contact the Engineering Services The Engineering Services Department can advise you of
Department at engineering@clarington.neA. ■ the proposed locations for utility boxes, hydro vaults and
SubdivlslonAgreement super mail boxes. Homeowners should contact Canada
A Subdivision Agreement is a registered document clearly Post with respect to super mail box assignment and
defining the developer's obligations to the Municipality obtaining keys. ■
of Clarington for the construction of roads, sewers, Parking
watermains, parks,open spaces, and other services in your Before you purchase your home ensure that there will be
Subdivision, and may contain warning clauses and special ample parking for your personal vehicles keeping in mind
conditions or requirements that may affect your lot. Your
that in Clarington vehicles cannot be left on the street for
lawyer should review the agreement with you prior to more than 3 hrs., cannot park on the street from 3:00 am
finalizing the purchase of your home.■ to 5:00 am and may not interfere with snow removal.
Assumption of Subdivisions
If your vehicle must be parked on the street for more than
Your developer is responsible for the maintenance of all 24 hrs.,you must obtain an On Street Parking Permit.
municipal services that were constructed from the
commencement of the subdivision construction to the Contact the Municipal Law Enforcement Division for
date the subdivision is assumed by the Municipality. ■ more information at bylawenforcement@clarington.net
f rid r 'orl I ilnifs
f I All roads within the Municipality of Clarington have a 50
kph speed limit unless otherwise posted. ■
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March 2013 Page 3
Water, waste, composting and recycling About Your Lot...
The Regional Municipality of Durham is responsible for Fences
municipal water and sanitary sewers as well as waste and Before you build a fence,you should know that there are
recycling. Information on waste and recycling collection
maximum fence height requirements for bath the back
can be found at Region of D_uihan - Works_ - Waste and front yard of your property.
Management. For information on water billing, hydrants
or water quality visit the R_egi_on of Durham - Works - The type of fence can vary depending on your
neighbouring property type; if it is a neighbouring
house then talk to your neighbour about sharing the
In Clarington, there is a 4 garbage bag limit that can be cost of the fence. In some instances your developer and
placed on the curb at any one time. If you find you have builder may have/or will be installing a required fence
extra trash due to your move or at any time you can buy as a condition within the Subdivision Agreement. Some
Garbage bag tags from: of these fences may not be altered,and will be set out in
• Municipal Administrative Centre a Warning Clause within your Agreement of Purchase
+ Garnet B. Rickard Recreation Complex and Sale.
I �
• South Courtice Arena Please read our"Putting Up A Fence"brochure for more
6 0 Courtice Community Complex details when you plan to install a fence.
a Newcastle& District Recreation Complex
If you are intending on installing a swimming pool in
• Clarington Fitness Centre ■ the future, ask the Building Division staff for details on
Paved Driveways the required fences around a pool. To review the
Check your Purchase and Sale Agreement to see if Municipality's Pool Enclosure By-law, contact the
complete driveway paving is included with your purchase. Clerks Department at clerks @clarinoo_o._flet. ■
If not,the responsibility is yours.As there are underground Garages, Driveways and Parking Spaces
services that may settle with time, it is advised that you not Plan ahead for garage space according to the type of
pave for at least a year or two after your house is built.The vehicles you drive. The minimum standards for garage
Municipality ensures the portion within the Municipality's sizes may not fit some of the larger trucks or sport utility
road allowance is paved by the builder. Driveway widths
vehicles.
are approved by the Municipality at the Building Permit
j stage, and may not be altered. ■ The Zoning By-law requires a minimum of one or two
What can I,build on my proper
yy} outdoor parking spaces for your residence dependent
�j an your lot width.
® Additions, sheds, pools, gazebos, garages or play
equipment: Any structure you add to your property must Please contact the Planning Services Department prior
comply with the Zoning By-law and meet the Ontario to making any changes to your driveway or adding hard
Building Code. The size, type and location of your landscaping to your property. ■
structure is regulated by the Zoning By-law and can vary larlds'cq b
between urban and rural properties. !
The developer is responsible for sodding all urban lots
More detailed information can be found in our"Accessory and either sodding or seeding all rural areas. Street
Buildings and Structures" brochure. trees will be planted on the road allowance. Private
home owners may not plant anything in the boulevard.
We urge you to visit the Municipal Administrative Centre Please contact the Municipality if the street tree dies
to speak directly to both Planning Services and the and needs replacement. Screen planting and fencing
Building Division before constructing or submitting a will be provided by the developer between residential
building permit application. ■ uses and other uses. If your home abuts a walkway,
school, park or open space, the fencing provided may
be chain link. ■
Prepared by the Planning Services Department
March 2013 Page 4
Noise Sources and Warnings At the time of your house purchase (if your home is
purchased new), you may pay a grading deposit to the
Residents who are new to Clarington should be aware builder to ensure that you do not adversely affect or
that for reasons of safety, train whistling occurs alter the grading of your lot prior to assumption of the
municipally-wide. Purchasers who are new to the area subdivision by the Municipality. Homeowners should
may wish to consider this factor when deciding on the check their Purchase and Sale Agreement as to when the
location of their new home, builder will return the deposit. The builder is legally
responsible to refund the deposit to the new homeowner
If your new home is located on a road which carries as per the agreement.
large volumes of cars and trucks, you may also
experience noise from traffic. Building Permits for decks and pool enclosures may not
be issued until the lot grading is certified by the
All Builder/Homeowner Purchase and Sale Agreements developer's Professional Engineer.■
include purchaser warning clauses, where necessary, to
alert new homeowners of potential issues regarding About Your Community...
their subdivision (noise, odour, tree preservation,
fences, etc.). These warning clauses should be carefully How does development happen in your
reviewed with your solicitor. ■ community?
Individual Lot Drainage/Grading The Planning Services Department establishes planning
Your lot will be graded by your builder to comply with policy which provides a framework for the growth and
the Municipal standards. If your lot contains a drainage development of the municipality. The—Official-Plan is the
Swale (ditch) you must not fill it in or change it in any main policy document which determines the overall land
use patterns and describes what is considered to be
way as this affects the drainage of your lot as well as
good planning for the community. The Official Plan
that of neighbouring properties, establishes the general locations of parks, schools,
houses apartments stores,offices and industrial uses.
All new development including subdivisions and changes
in land use (rezoning) must conform to the policy
"! :�_ li• 7Z direction established in the Official Plan. The main
principles guiding development in the community are
w; established long before specific applications for the
development of your neighbourhood have been
submitted. ■
How can you participate?
The Official Plan is reviewed every five years to ensure
that it continues to reflect the growth and development
objectives of the community as well as those of the
If your lot has a rear catchbasin (to collect surface province and the region. Residents are encouraged to
drainage and transfer it to the local storm sewer) then participate in this review as changes may be introduced
the Municipality has an easement over your property to that could alter land uses in your neighbourhood. Please
allow for access to this area for future maintenance; as visit the Official Plan Rev_i_ew website for more
such you must not build on this easement A rear yard information on how to get involved.
catch basin keeps water away from your house and Are you concerned or do you have questions about land
distributes water and drainage patterns around your use near your home? Contact the Planning Services
neighbourhood. Department before you finalize the purchase of your
home. B
Prepared by the Planning Services Department
March 2013 Page 5
fire and Emergency Services Home Warranties
Clarington has 5 fire station locations one each in Home builders are required to provide purchasers
Bowmanville, Newcastle, Orono, Courtice and with statutory warranty protection from Tarion for a
Enniskillen. period of seven years. Purchasers of resale homes that
For information on fire safety or open air burning and are less than seven years old will also be entitled to
burn permits visit EEmeigency_and_Fire Services or email the warranty coverage. For details on the warranty
your questions to fire @cLarington.net
visit www.tarion.c—m ■
i
I i
i
Maintenance of Municipal Infrastructure
The Clarington Operations Department is responsible
for maintaining the municipality's roadways, bridges,
sidewalks, streetlights, storm sewers, drainage
facilities, and sports fields. The Operations
I Department also looks after the Municipality's winter
program which includes snow ploughing, street snow
removal, and municipal sidewalk snow removal
through the Sidewalk & Windrow Snow Clearing
program for Seniors and Disabled individuals.
For information or if you have questions contact the
Operations Department at operations @clarington-.net
N
i— Animals and House Pets
i
The Municipality's Responsible Pet Owners By-law
specifies the number of dogs and cats that can be kept
on your property, and stipulates that animals must be
kept on a leash outdoors (except at designated leash-
free parks). It also requires owners to practise "stoop
and scoop". For more information on animal control visit
the Animal Services web-page. ■
Recreat/onalActivitlesin yourcommunity Our Municipal Administrative Centre is located at:
ce Street
p
Teem Temeran eran
Clarington provides a variety of recreation, leisure and 40 0 ON
cultural opportunities to meet all of your lifestyle needs.
As you get closer to the time you move in, you may be (905) 623 3379 www.claringtonnet
interested in these resources to help you become more
familiar with your new community.
Recreation and Leisure Guide Operations Department:
R-ecteation Facilities Our Operations Facility is located at:
I Tourism Visitors Guide 2320 Taunton Road
Listing of Colnmunity-Clubs, Libraries, Museums and More Hampton
Listing of Community Clubs, Libraries,_M,_-useums and More ■ (905) 623-3379 www.claA!-ngton.net
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March 2013 Page 6