Parks and Open Space Agreement (TEC)
Development or redevelopment of lands within Markham are subject to the parkland conveyance and/or payment in lieu of parkland and Community Benefits Charges, with some exceptions, according to the Planning Act and Markham’s plans, strategies and bylaws.
The Parks and Open Space Agreement process facilitates the conveyance of parkland according to the Parkland Dedication By-law-2022-102 and s.42 of the Planning Act.
The ‘Parks Plan’ and the City of Markham Official Plan establishes parkland provision target, parkland hierarchy and recommend acquiring future parkland on the readily developable land for active forms of parkland to meet needs for sports fields, sport courts, splash pads, children’s playgrounds and other facilities being sought by the public.
Integrated Leisure Master Plan identifies parkland needs, service improvements and future facility provision strategies.
Landowners are encouraged to complete a form and submit required documents to initiate a Parks and Open Space agreement, soon after receiving pre-application consultation checklist.
The Parks and Open Space Agreement will also facilitate the following land conveyances:
- Greenway lands conveyance for protection of NHS according to the Planning Act and OP Policies
- Open Space- Multi use Trail for active transportation purposes according to the Planning Act and Active Transportation Master Plan and OP Policies
‘Terms of Reference for Parks Planning and Development’ provide guidance for completing base park development.
Base park development is a direct developer contribution according to the 2022 Development Charges Background Study.
Prior to the approval of a site plan seek approval of the following:
- Draft reference plan showing parkland block
- Base park design including Park Conceptual Plan/ facility fit, grading and drainage, site servicing, electrical connection etc.
- Estimated costs
- Draft Agreement
Prior to the issuance of any building permits provide the following:
- Executed ‘Parks and Open Space’ Agreement
- Securities/ Letter of Credit for parkland conveyance and/or base park development
The agreement process has provisions for a developer build park to address complexities of urban parks located within intensifications areas. The applicants are encouraged to construct the proposed park as a developer-build park and the following may be required prior to issuance of any building permits:
- Approved Detailed Park design, construction documents and cost estimate
A Building Permit cannot be issued and construction cannot begin unless the City and the Landowner have signed an agreement.
- Pre-Application Consultation
A Pre-Application Consultation Meeting is required prior to the submission of any applications. Land owner(s) and their applicant are encouraged to meet with Parks Planning staff prior to the Pre-Application Consultation Meeting for Official Plan Amendment, Zoning Bylaw Amendment and/or site plan to learn about the City’s parkland conveyance requirements to help inform the conceptual site plans. At the Pre-Application Consultation Meeting, Staff will confirm the parkland conveyance requirements and identify the submission requirements for requesting a Parks and Open Space Agreement. Following the meeting, Staff will issue a Checklist to the applicant that identifies the submission requirements for a Parks and Open Space Agreement.
- Application Submission
The applicant submits the application via ePLAN with all the plans and documents identified in the Checklist issued by the City.
After receiving an application, a Development Technician will conduct a preliminary ‘Prescreen Review’ task to ensure that the required plans and documents have been successfully uploaded. The Development Technician will also ensure all submitted plans and documents meet the City’s ePLAN Submission Standards. You will also be required to submit a completed Parks and Opens Space Agreement Application Form.
Note: The submission does not become an application with the benefit of a review timeline until it passes the City’s ‘Prescreen Review’ process.
For more information on how to submit an application, please refer to the following documents:
- ParksOS ePLAN Quick Reference Guide [coming soon]
- Application Circulation
Once the application has passed the City's prescreen review, the Development Technician will prepare the circulation and forward to the assigned reviewers, internally for review. Staff will work with the applicant to resolve issues identified during the review. If applicable, the applicant will revise and resubmit plans and documents for review.
- Agreement Execution
The park and open space agreement needs to be executed and securities identified in the agreement will need to be paid prior to issuance of any building permits.
- Parkland Conveyance
Conveyance of parkland and/or open space will follow the timelines identified in the park and open space agreement.