Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 18, 2023

CASE NO(S).: OLT-22-003963

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Claridge Homes (Maple Grove) Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: Proposed Zoning By-law and Subdivision applications to create a 196-unit subdivision

Reference Number: D02-02-18-004

Property Address: 1981 Maple Grove Road

Municipality/UT: Ottawa

OLT Case No: OLT-22-003963

OLT Lead Case No: OLT-22-003963

OLT Case Name: Claridge Homes v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Claridge Homes (Maple Grove) Inc.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: Proposed Zoning By-law and Subdivision applications to create a 196-unit subdivision

Reference Number: D07-16-18-0010

Property Address: 1981 Maple Grove Road

Municipality/UT: Ottawa

OLT Case No: OLT-22-003964

OLT Lead Case No: OLT-22-003963

Heard: April 5, 2023 by video hearing

APPEARANCES:

Parties	Counsel
Claridge Homes (Maple Grove) Inc.	Emma Blanchard
City of Ottawa	Kristina Mahon

MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON APRIL 5, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal is in respect of appeals brought by Claridge Homes (Maple Grove) Inc. (“Applicant”) following the failure of the City of Ottawa (“City”) to render a decision, within the statutory timeframes, for two applications: (a) for a Zoning By-law Amendment (“ZBA”); and (b) for approval of a Draft Plan of Subdivision (“DPS”) (together the “Applications”). The appeals are brought pursuant to s. 34(11) and s. 51(34) of the Planning Act (“Act”) respectively.

2Pursuant to a Tribunal decision dated October 26, 2022, the matter had originally been scheduled for a five-day merit hearing which was to have started on April 27, 2023. The Parties, however, came to an agreement on all outstanding issues (“Proposed Settlement”) and the present settlement hearing was scheduled by the Tribunal. The Proposed Settlement is now before the Tribunal for approval.

3The uncontested evidence in support of the Proposed Settlement was provided by Gregory Winters, retained by the Applicant, who was qualified as an expert in land use planning. Mr. Winters’ written evidence, in the form of an Affidavit made on March 29, 2023, including various attachments, was marked as Exhibit 2.

SUBJECT LANDS

4The Applications were filed with the City to implement a development proposal for approximately 7.58 ha of vacant lands known municipally as 1981 Maple Grove Road in the City (“Subject Lands”). Under its revised proposal, the development consists of six semi-detached dwellings, 174 townhouse dwellings and 32 back-to-back townhouses, as well as a 0.59 ha public park and four new streets (“Proposed Development”).

5The Subject Lands are bound by Stittsville Main Street to the north, 1919 and 1939 Maple Grove Road to the east, Maple Grove Road to the south and Stittsville Main Street to the west.

6A ZBA is required to rezone the Subject Lands from Development Reserve – DR to Residential Third Density, Subzone 3 – R3Z for the future residential portion, and Open Space – 01 for the future public park, in accordance with the City’s Zoning By-law 2008-250.

EVIDENCE AND ANALYSIS

7Although this was a settlement hearing, the Tribunal must nevertheless be satisfied that the Applications meet all legislative tests. In particular, the Tribunal must be satisfied that the Applications: (a) have regard to matters of provincial interest in s. 2 of the Act; (b) are consistent with the Provincial Policy Statement 2020 (“PPS 2020”); (c) conform to the City’s Official Plan (OP) of 2003 and the Kanata West Concept Plan 2005 (“Kanata West Concept Plan”); and (d) have regard to the City’s OP of 2022 . In addition, the Tribunal must be satisfied that the revised DPS application has regard to the criteria set out at s. 51(24) of the Act.

8Mr. Winters testified that, in his professional opinion, the Applications met all the legislative tests.

9For the reasons set out below, the Tribunal accepts this evidence and finds same.

Matters of Provincial Interest

10In his oral evidence, Mr. Winters testified that the Applications had regard to matters of provincial interest. He noted that Subject Lands are adjacent to an existing urban area, are not agricultural and are close to a future light rail train station. The Proposed Development is an orderly and natural progression of the existing urban development pattern which will optimize the use of existing municipal and other infrastructure. He also testified that ecological, archeological and transportation matters have been addressed through appropriate studies provided to the City.

PPS 2020

11Mr. Winters testified that the Proposed Development is consistent with the applicable policies of the PPS (2020) because it is situated within a settlement area, represents an efficient land use pattern, includes a mix of residential types as well as park and open space, and avoids environmental or public health and safety concerns.

12Moreover, he opined that, as demonstrated by the technical studies prepared and filed in support of the Applications, the Proposed Development will not impact any natural heritage, water, agricultural, mineral, and cultural heritage, and archaeological resources.

City’s OP 2003 and 2022

13Mr. Winters explained that the Applications were filed in 2018 when the OP adopted by the City in 2003 was in force and in effect. The Applications must, in his view, be evaluated against the applicable policies of the OP (2003).

14Mr. Winters testified that the Proposed Development conforms to the applicable policies of the OP (2003) because it includes many types of housing including detached dwellings, townhouse dwellings, back-to-back townhouse dwellings at a low to medium density, as well as greenspace through a public park. Also, it consists of a modified grid street pattern that is compact and provides access to transit and a public park. He also noted that it is supported by all technical studies required by the City in accordance with s. 4 of the OP (2003).

15A new OP was adopted by Ottawa City Council on November 24, 2021 and was approved by the Ministry of Municipal Affairs and Housing with modifications on November 4, 2022. Mr. Winters explained that since OP (2022) is now in full force and effect, it is also relevant to consider the applicable policies of the current Official Plan. He noted that the Subject Lands are designated as a Neighbourhood on Official Plan Schedule B5 – Suburban (West) Transect (2022).

16Mr. Winters testified that the Proposed Development conforms to the applicable policies of the OP (2022) because it consists of a low to medium density with low-rise building types and contributes to 15-minute neighbourhoods through a planned arrangement of streets, blocks, and a greenspace that creates a sense of place and orientation. It will include a range of residential built forms including a full range of low-rise housing options.

17Mr. Winters explained that there is no material difference for the purpose of this proceeding between the 2003 and 2022 OPs. The Tribunal agrees with his conclusions. However, the Tribunal is of the view that, based on the Clergy Principle, the appropriate statutory/public interest test is to ensure that the Applications “conform with” the OP (2003) which was in force at the time of the Applications, and should otherwise “have regard” to the OP (2022).

Kanata West Concept Plan

18Mr. Winters testified that the Regional Official Plan Amendment #9 (ROPA 9) was enacted on October 11, 2000, to expand Ottawa’s urban area by approximately 725 ha. This expansion was aimed primarily at addressing the need for an adequate supply of land to meet the anticipated growth of the high technology sector. Through ROPA 9, the forty-two landowners within the expansion area were given the responsibility of developing a Concept Plan for the area. The Kanata West Concept Plan was later amended in 2005. The Kanata West Concept Plan (2005) was developed to establish a vision for these lands, which would guide future subdivisions and development applications including with respect to the Subject Lands.

19Mr. Winters explained further that local plans establish more detailed policies to guide growth and change in specific areas or neighbourhoods. Local plans adapt and implement the overall planning approach of the Official Plan but may deviate from specific policies to fit local contexts. The Applications must be considered against the applicable policies of the Kanata West Concept Plan (2005).

20The Subject Lands are designated as Residential Area B on the Kanata West Concept Plan.

21Mr. Winters testified that the Proposed Development conforms to the applicable policies of the Kanata West Concept Plan because it includes many types of housing including detached dwellings, townhouse dwellings, back-to-back townhouse dwellings at a low to medium density, as well as greenspace through a public park. Moreover, it features a modified grid street pattern with sidewalks provided on some streets to provide connections to destinations throughout the neighbourhood and community including the public park.

22Mr. Winters also explained that the Kanata West Concept Plan area was designed to be transit supportive with the extension of transit from the Kanata Town Centre to the NHL hockey arena. A transit corridor was protected through the center of the Kanata West Concept Plan which now forms part of the future Ottawa light rail train system. The Proposed Development accommodates local transit to connect to the future light rail train system.

[Sections 51(24)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html#sec51subsec24_smooth) and [51(25)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html#sec51subsec25_smooth) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)

23Mr. Winters reviewed the criteria set out in s. 51(24) applicable to the proposed Subdivision application and concluded had it had appropriate regard to those criteria. In particular, he opined, as noted above, that the application has no impact on matters of provincial interest, conforms with the City's OP 2003 and 2022, conforms to Kanata West Concept Plan, is suitable for its intended purpose and can utilize existing infrastructure. He also noted that the Subject Lands are situated on land designated for development and that the future greenspace will be dedicated to the City as a future public park within the community. The Tribunal accepts his evidence and opinion and finds same.

24The Proposed Settlement envisages Conditions of Approval pursuant to s. 51(25) of the Act. Based on Mr. Winters’ evidence, the Tribunal finds these conditions to be reasonable in the circumstances. Mr. Winters explained that the conditions were conditions generally imposed by the City, along with unique (but not extraordinary) conditions that reflect the given circumstances of the Proposed Development. The Tribunal notes that these Conditions of Approval are to be cleared by the City. The final approval of the plan of subdivision will rest with the City.

CONCLUSION

25Based on the foregoing uncontested evidence, the Tribunal finds that the Proposed Development and the Applications: (1) have regard to matters of provincial interest pursuant to s. 2 of the Act; (2) are consistent with the PPS pursuant to s. 3(5)(a) of the Act; (3) conform to the OP 2003 and the Kanata West Concept Plan pursuant to s. 24(1) and 51(24)(c) of the Act; (4) have regard to OP 2022; (5) otherwise also have regard to the criteria set out in s. 51(24) of the Act; and (6) constitute good planning. Furthermore, considering the settlement is endorsed by the City, the Tribunal makes its findings while exercising appropriate regard for the decision of the City pursuant to s. 2.1(1)(a) of the Act.

ORDER OF TRIBUNAL

26The Tribunal Orders that:

i. The appeal pursuant to s. 34(11) of the Act is allowed and the City of Ottawa’s By-law No. 2008-250, as amended, is amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the City of Ottawa to assign a number to this by-law for record keeping purposes.

ii. The appeal pursuant to s. 51(34) of the Act is allowed and the draft plan shown on the plan, prepared by Annis, O’Sullivan, Vollebekk Ltd., dated March 28, 2023, in Attachment 2 is approved subject to the fulfilment of the conditions set out in Attachment 3.

iii. Pursuant to s. 51(56.1) of the Act, the City of Ottawa shall have the authority to clear the conditions of draft plan approval of the plan of subdivision and to administer final approval of the plan of subdivision for the purposes of s. 51(58) of the Act. If there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.

“Jean-Pierre Blais”

JEAN-PIERRE BLAIS MEMBER

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Attachment 1

Amendment to the City of Ottawa’s By-law No. 2008-250

Zoning By-law 2008-250 is amended as follows:

Rezone the lands shown on the Zoning Key Plan attached as Annex “A” hereto, as follows:

a. Rezone Area A from Development Reserve Zone (DR) to Residential Third Density Zone (R3Z[2625] )

b. Rezone Area B from Development Reserve Zone (DR) to Parks and Open Space Zone (O1)

Annex A

Zoning Key Plan to Amendment to the City of Ottawa’s By-law No. 2008-250

Attachment 2

Draft Plan of Subdivision

Attachment 3

Conditions

The City of Ottawa's conditions applying to the draft approval of Claridge Homes Subdivision (File No. D07-16-18-0010), 1981 Maple Grove Road, are as follows:

This approval applies to the draft plan certified by Andre Roy, Ontario Land Surveyor, dated October 29, 2020 showing 4 streets, 16 residential blocks (1 block for back-to-back towns, 12 blocks for street towns and 3 blocks for semi detached dwellings), 1 pathway block, 1 partial park block and 3 road widening blocks.

This approval applies to the approved conceptual plans and reports in support of the draft plan as follows:

1. 1981 Maple Grove Road Transportation Impact Assessment (TIA) Report Prepared by IBI Group Version 1 Dated October 30, 2018
2. 1981 Maple Grove Road - Transportation Impact Assessment – Addendum 1 Prepared by IBI Group Version 1 Dated February 24, 2021
3. Phase One Environmental Site Assessment 1981 Maple Grove (Stittsville), Ottawa, Ontario Prepared by Golder Associates Version 1 Dated September 2017
4. Preliminary Environmental Impact Assessment and Tree Conservation Report Proposed Maple Grove Subdivision Part Lot 1, Concession 1 Geographic Township of Huntley, Ottawa, ON Prepared by Golder Associates Version 1 Dated December 2017
5. Environmental Noise Impact Assessment Claridge Homes Maple Grove Lands 1981 Maple Grove Prepared by IBI Group Version 1 Dated October 2018
6. Geotechnical Investigation Proposed Residential Development Maple Grove Road Ottawa, Ontario Prepared by Golder Associates Version 1 Dated 2018
7. Stage 1 Archaeological Assessment, 1981 Maple Grove Road, Part of Lot 1, Concession 1, Huntley Township, Carleton County, City of Ottawa, Ontario Prepared by Golder Associates, Version 1 Dated April 9, 2018
8. Stage 2 Archaeological Assessment, 1981 Maple Grove Road, Part of Lot 1, Concession 1, Huntley Township, Carleton County, City of Ottawa, Ontario Prepared by Golder Associates, Dated December 21, 2018
9. Planning Rationale & Integrated Environmental Review Statement Maple Grove Subdivision 1981 Maple Grove Road, Ottawa Prepared by Novatech Version 1 Dated May 2, 2018
10. Assessment of Adequacy of Public Services Claridge Homes Maple Grove Lands 1981 Maple Grove Road Kanata West Prepared by IBI Group Version 5 Dated October 2021

Subject to the conditions below, these plans and reports may require updating and/or additional details prior to final approval.

a)

The Owner agrees, by entering into a Subdivision Agreement, to satisfy all terms, conditions and obligations, financial and otherwise, of the City of Ottawa, at the Owner’s sole expense, all to the satisfaction of the City.

General

1. Prior to the issuance of a Commence Work Notification, the Owner shall obtain such permits as may be required from Municipal or Provincial authorities and shall file copies thereof with the General Manager, Planning, Real Estate and Economic Development Department.

2. Prior to commencing construction, the Owner shall enter into a subdivision agreement with the City. The subdivision agreement shall, among other matters, require that the Owner post securities in a format approved by the City Solicitor, in an amount of 100% of the estimated cost of all works, save and except non-municipal buildings.

The aforementioned security for site works shall be for works on both private and public property and shall include, but not be limited to, lot grading and drainage, landscaping and driveways, roads and road works, road drainage, underground infrastructure and services (storm, sanitary, watermains), streetlights, stormwater management works and park works.

The amount secured by the City shall be determined by the General Manager, Planning, Real Estate and Economic Development Department, based on current City tender costs, which costs shall be reviewed and adjusted annually. Securities for on-site works may be at a reduced rate subject to the approval of the General Manager, Planning, Real Estate and Economic Development Department.

Engineering, Inspection and Review fees will be collected based on the estimated cost of the works (+HST) and a park review and inspection fee will be based on 4% (+HST) of the total value of the park works as noted herein and in accordance with the City's Fees By-law for planning applications (By-law No. 2018-24 or as amended).

3. The Owner acknowledges and agrees that any residential blocks for street-oriented dwelling units on the final Plan shall be configured to ensure that there will be no more than 25 units per block.

4. The Owner acknowledges and agrees that any person who, prior to the draft plan approval, entered into a purchase and sale agreement with respect to lots or blocks created by this Subdivision, shall be permitted to withdraw from such agreement without penalty and with full refund of any deposit paid, up until the acknowledgement noted above has been executed.

The Owner agrees to provide to the General Manager, Planning, Real Estate and Economic Development Department an acknowledgement from those purchasers who signed a purchase and sale agreement before this Subdivision was draft approved, that the Subdivision had not received draft approval by the City. The Owner agrees that the purchase and sale agreements signed prior to draft approval shall be amended to contain a clause to notify purchasers of this fact, and to include any special warning clauses, such as but not limited to Noise Warnings and easements.

5. The Owner, or his agents, shall not commence or permit the commencement of any site related works until such time as a pre-construction meeting has been held with Planning, Real Estate and Economic Development Department staff and until the City issues a Commence Work Notification.

6. The Owner acknowledges and agrees that driveways for ground oriented attached units shall be paired wherever possible to maximize on-street parking and street tree planting opportunities.

7. The Owner acknowledges and agrees to provide elevation drawings of the proposed townhomes prior to registration. This shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

8. The Owner acknowledges of being advised of the on-going Huntmar Drive Widening and Stittsville Main Street Extension Environmental Assessment (EA) Study. At the time of registration, the Owner acknowledges and agrees that all studies and plans, including the design of the intersection of Maple Grove Road and Stittsville Main Street Extension (north/south segment) and the intersection of Stittsville Main Street Extension (north/south and east/west segments) and Derreen Avenue, shall be in accordance with the functional design of the EA.

Should the functional design of the EA not be complete when the Owner is prepared to proceed with registration, the City and Owner agrees that the Owner may implement the preliminary functional design requirements of the EA through the Owner’s detailed design. The Owner and the City agree that the final approvals and registration of the subdivision will not be delayed or withheld due to the status of the EA. This shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

b) .

9. The Owner undertakes, acknowledges and agrees to use best efforts to coordinate all servicing designs with adjacent developments, including 2090 Carp Road, and individual landowners within the Kanata West Owners Group that will be affected by the servicing design of this subdivision. The Owner further agrees to enter into any private cost sharing agreement as may be necessary to ensure servicing is extended to adjacent developments and designed to accommodate future developments that will rely on this infrastructure.

The Owner shall provide written acknowledgements from the adjacent owners to the General Manager, Planning, Real Estate and Economic Development prior to the issuance of commence work notification. This requirement may be waived at the sole discretion of the General Manager, Planning, Real Estate and Economic Development.

The Owner acknowledges and agrees to obtain all necessary clearances and obtain all easements for works being extended through neighboring lands, as required.

Landowners Agreement

10. Prior to registration or early servicing, the owner shall provide the City with a clearance letter from the Trustee of the Kanata West Owners Group Inc confirming that the owner is party to the Kanata West Owners Group Cost Sharing Agreement and all of the obligations, financial or otherwise, of the landowners of this subdivision have been fulfilled pursuant to the agreement.

Zoning

11. The Owner agrees that prior to registration of the Plan of Subdivision, the Owner shall ensure that the proposed Plan of Subdivision shall conform with a Zoning By-law approved under the requirements of the Planning Act, with all possibility of appeal to the Ontario Land Tribunal exhausted.

12. The Owner undertakes and agrees that prior to the registration of the Plan of Subdivision, the Owner shall deliver to the City a certificate executed by an Ontario Land Surveyor showing that the area and frontage of all lots and blocks within the Subdivision are in accordance with the applicable Zoning By-law.

Roadway Modifications

13. The Owner shall pay all expenses associated with all works related to roadway modifications, and shall provide financial security in the amount of 100% of the cost of implementing the required works.

14. The Owner agrees to provide a Development Information Form and Geometric Plan indicating:

a) Road Signage and Pavement Marking for the subdivision; b) Intersection control measure at new internal intersections; and c) location of depressed curbs and TWSIs;

prior to the earlier of registration of the Agreement or early servicing. Such form and plan shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

15. The Owner acknowledges that phases of the subdivision that will trigger a requirement for road modifications on an arterial or major collector road (as identified in the Transportation Master Plan) will not be registered, unless the works are identified in the City’s Development Charges Background Study and By-law, and Council has granted budget approval.

The Owner acknowledges that prior to the registration of each phase of the subdivision, the Owner will demonstrate to the City's satisfaction that no road modifications to an arterial or major collector road will be required unless those works are identified in the City’s Development Charges Background Study and By-law, and Council has granted budget approval.

16. Where traffic calming is identified, the Owner acknowledges and agrees to implement traffic calming measures on roads within the limits of their subdivision to limit vehicular speed and improve pedestrian safety. The Owner further acknowledges and agrees that the detailed design for new roads will include the recommendation(s) from the required supporting transportation studies.

The Owner agrees that traffic calming measures shall reference best management practices from the Canadian Guide to Neighbourhood Traffic Calming, published by the Transportation Association of Canada, and/or Ontario Traffic Manual. These measures may include either vertical or horizontal features (such measures shall not interfere with stormwater management and overland flow routing), including but not limited to:

• intersection or mid block narrowings, chicanes, medians;
• speed humps, speed tables, raised intersections, raised pedestrian crossings;
• road surface alterations (for example, use of pavers or other alternate materials, provided these are consistent with the City’s Official Plan polices related to Design Priority Areas);
• pavement markings/signage; and
• temporary/seasonal installations such as flexi posts or removable bollards.

Specifically, the Owner acknowledges and agrees to implement traffic calming measures on Streets 1, 2 and 3 to discourage cut-through traffic and support pedestrian safety at intersections leading to the park.

17. The Owner acknowledges and agrees to design and construct all local roads in accordance with a 30 km/hr design speed. The Owner further agrees to submit for approval prior to registration or early servicing, whichever comes first, a road geometric plan identifying the required traffic calming elements for 30 km/hr design speed, all to the satisfaction of the General Manager of Transportation.

18. Prior to the first engineering review, the Owner acknowledges and agrees to provide a Traffic Signage and Geometric Road Design Drawings which shall also include traffic calming measures, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development.

Highways/Roads

19. The Owner acknowledges and agrees that all supporting transportation studies and design of all roads and intersections shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

20. The Owner shall retain a licensed or registered professional with expertise in the field of transportation planning and/or traffic operations to prepare a Transportation Impact Assessment. The study shall comply with the City of Ottawa’s Transportation Impact Assessment Guidelines. The Owner agrees to revise the Draft Plan in accordance with the recommendations of the study.

21. The Owner shall provide for temporary turnarounds for all streets terminating at the edge of any phase of development, prior to registration of the Plan. The Owner agrees that it will convey to the City at no cost any temporary easements that may be required in order to establish the temporary turnarounds. For any portion of the temporary turn-around easements that do not form part of the permanent road allowance, the easements shall be released at the expense of the Owner when the easements are no longer required by the City.

22. The Owner shall convey to the City, at no cost to the City, unencumbered road widenings adjacent to the subdivision lands in accordance with the Huntmar Drive Widening and Stittsville Main Street Extension Environmental Assessment Study along the following locations:

• Maple Grove Road;
• Stittsville Main Street extension, east/west segment;
• Stittsville Main Street extension, north/south segment.
• Intersection of Stittsville Main Street Extension (east/west segment) and Stittsville Main Street Extension (north/south segment); and
• Intersection of Maple Grove Road and Stittsville Main Street Extension.

The Owner acknowledges and agrees that the right-of-way cross section may not be equal between abutting owners.

The required widening(s) shall be illustrated on the Draft M-Plan and Final Plan of Subdivision as a dimension from the existing centerline of the public highway to the required widened limit. If it is determined that a widening is not required, the Owner’s Surveyor shall illustrate the distance from the existing centerline of the Public Highway to the existing road limit on the Draft M-Plan and the Final Plan of Subdivision. All of which will be to the satisfaction of the City Surveyor.

Should the functional design of the EA not be complete when the Owner is prepared to proceed with registration, the City and Owner agrees that the Owner may implement the preliminary functional design requirements of the EA through the Owner’s detailed design. The Owner and the City agree that the final approvals and registration of the subdivision will not be delayed or withheld due to the status of the EA. This shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

23. The Owner shall provide site triangles at the following locations on the final plan:

• Local Road to Local Road: 3 metres x 3 metres

At all other locations, to be in accordance with the functional design of the EA for roads connecting to future Stittsville Main Street

24. A 0.3 m reserve adjacent to the widened limit of Stittsville Main Street (north/south segment) shall be indicated on the plan submitted for registration and conveyed at no cost to the City.

25. The Owner agrees to provide a construction traffic management plan for the subdivision prior to the earlier of registration of the Agreement or early servicing. The use of Alon Street for construction traffic shall be avoided as much as feasible. Such plan shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

26. All streets shall be named to the satisfaction of the Director of Building Code Services and in accordance with the Municipal Addressing By‑law or the Private Roadways By-law as applicable.

27. Where land has been dedicated for road widening purposes as part of the planning process, where the Owner receives no financial compensation or in-kind consideration in exchange for the widening, and where the City deems that the land is no longer required for that purpose, the lands may be conveyed back to the original Owner, or its successor in title, for $1.00. The Owner shall be responsible for all costs to complete said conveyance, including administrative fees, unless otherwise determined by the General Manager, Planning, Real Estate and Economic Development Department.

28. The Owner acknowledges that the construction of buildings may be restricted on certain lots and/or blocks until such time as road connections are made so that snowplow turning and garbage collection can be implemented.

29. The Owner shall extend Maple Grove Road from its existing terminus to the future intersection of Maple Grove Road and Stittsville Main Street (north/south segment)

The Owner acknowledges and agrees the sidewalk extension is approximately 64m east of the subject property and is to be located in the ultimate location as indicated in the EA functional design.

The Owner shall use best efforts to enter into any required private cost sharing agreements with adjacent landowners for the extension of the sidewalk on the north side of Maple Grove as required by the functional design contained in the Huntmar Drive Widening and Stittsville Main Street Extension Environmental Assessment Study. This is required in order to provide a continuous pedestrian link for transit and active transportation purposes.

All this shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

The Owner shall submit a cost estimate and the required securities to the satisfaction of the General Manager, Planning, Real Estate and Economic Development prior to registration. The Owner acknowledges agrees that the securities will be held until the sidewalk and road is complete.

c)

30. The Owner shall enter into any required private cost sharing agreements with adjacent landowners for the extension of Stittsville Main Street (east/west segment) fronting this property including sidewalks and cycle tracks, watermain and the closed drainage system associated with this road in accordance with the functional design contained in the Huntmar Drive Widening and Stittsville Main Street Extension Environmental Assessment Study. This shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

The Owner shall submit a cost estimate and the required securities to the satisfaction of the General Manager, Planning, Real Estate and Economic Development prior to registration. The Owner acknowledges agrees that the securities will be held until works are complete.

31. The Owner acknowledges and agrees that grading easement(s) may be required if the construction of Stittsville Main Street (east/west and north/south segments) occurs prior to the construction of the subject subdivision. The subject subdivision will be required to tie into the existing road profile at time of development.

If the construction of the subject subdivision occurs prior to the road construction, the Owner acknowledges and agrees that the development will be raised to the required grade as provided for in the Huntmar Drive Widening and Stittsville Main Street Extension Environmental Assessment (EA) Study.

This shall all be to the satisfaction of General Manager, Planning, Real Estate and Economic Development Department.

d)

32. The Owner acknowledges and agrees that Retaining walls shall not be permitted within the ROW along any street frontages.

Should retaining walls be proposed on private property, the Owner shall insert a clause in each agreement of purchase and sale and shall be registered as a notice on title in respect of all lands which retaining walls have been constructed stating that:

“Purchasers are advised that they must maintain all retaining walls in good repair, including those as constructed by Claridge Homes, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department. The Purchaser agrees to include this clause in any future purchase and sale agreements”.

This shall all be to the satisfaction of General Manager, Planning, Real Estate and Economic Development Department.

Public Transit

33. The Owner shall design and construct, at its expense, Maple Grove Road, which has been identified as transit service route, to Transportation Association of Canada standards, including right-of-way width, horizontal and vertical geometry. The Owner shall design and construct, at its expense, the determined locations for transit passenger standing areas and shelter pads, to the specifications of the General Manager, Planning, Real Estate and Economic Development Department and Transit Services Department. The locations for transit passenger standing areas and shelter pads are:

• North side of Maple Grove, immediately east of Block 3

34. The Owner shall ensure that the staging of the Subdivision, including the construction of dwellings, roadways, walkways, and paved passenger standing areas, or shelter pads, shall occur in a sequence that permits the operation of an efficient, high quality transit service at all stages of development.

35. The Owner shall inform all prospective purchasers, through a clause in all agreements of Purchase and Sale and indicate on all plans used for marketing purposes, that Maple Grove Road and Stittsville Main Street are identified for potential transit services, the bus stops, paved passenger standing areas, or shelters pads and shelters, may be located anywhere along these streets including in front of or adjacent to the purchaser’s lot at any time.

Geotechnical

36. The Owner shall submit a geotechnical report prepared in accordance with the City’s Geotechnical Investigation and Reporting Guidelines and/or Slope Stability Guidelines for Development Applications by a geotechnical engineer or geoscientist, licensed in the Province of Ontario, containing detailed information on applicable geotechnical matters and recommendations to the satisfaction of the General Manager, Planning, Real Estate and Economic Development which include, but are not limited to:

a) existing sub-surface soils, groundwater conditions; b) slope stability (including an assessment during seismic loading) and erosion protection, in addition to any building construction requirements adjacent to unstable slope; c) clearly indicate orientation of any cross-sections used in slope stability analysis and location of center of the slip circle; d) grade raise restrictions on the site and, if appropriate, the impacts this will have on the slope stability; e) design and construction of underground services to the building, including differential settlement near any buildings or structures; f) design and construction of roadway, fire routes and parking lots; g) design and construction of retaining walls and/or slope protection; h) design and construction of engineered fill; i) design and construction of building foundations; j) site dewatering; k) design and construction of swimming pools; l) design and construction of park blocks for its intended uses; and m) in areas of sensitive marine clay soils:

Pathways, Sidewalks, Walkways, Fencing, and Noise Barriers

37. The Owner acknowledges and agrees that all pathways, sidewalks, walkways, fencing, and noise barriers are to be designed and constructed in accordance with City specifications, at no cost to the City, and to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

38. The Owner agrees to design and construct sidewalks at the following locations:

Street	From	To	Location
Street 1	Maple Grove Road	Street 4	east and north sides
Street 1	Street 4	subdivision limit	north side
Street 4 (west segment)	Street 1	Street 4	east side
Street 3	Street 1	Stittsville Main Street	east side
Street 2	Street 1	Stittsville Main Street	east side
Stittsville Main Street Extension (east/west segment)	Subdivision limit	Subdivision limit	south side
Maple Grove Road	Western subdivision limit	Approximately 64m east of eastern subdivision limit	north side

For roads with a right-of-way width of less than 24m, the sidewalk shall be 1.8m in width. For roads with a right-of-way width of greater than 24m, the sidewalk shall be 2.0m in width.

39. The Owner agrees to design and construct, fully accessible, 2.0m metre wide walkway and related works through the length of the public lands, as identified on the draft Plan at in the following location:

• Block 8

40. a) The Owner agrees to design and construct 1.5 metre black vinyl-coated chain link fences in accordance with the Fence By-law at the following locations:

• Block 8

All chain link fencing that separates public lands and residential lots and blocks shall have a maximum opening (the diamond shape area) of no greater than 37 mm in order to comply with the applicable part of the “Pool Enclosure By-Law”.

b) The Owner agrees that any vinyl-coated chain link fence required to be installed with the exception of parks fencing shall be located a minimum of 0.15 metres inside the property line of the private property.

41. a) The Owner agrees to design and construct 1.5 metre black vinyl-coated chain link fences in accordance with the Fence By-law at the following locations:

• Between Park Block 13 and Block 12

All chain link fencing that separates public lands and residential lots and blocks shall have a maximum opening (the diamond shape area) of no greater than 37 mm in order to comply with the applicable part of the “Pool Enclosure By-Law”.

b) The Owner agrees that any vinyl-coated chain link fence required to be installed with the exception of parks fencing shall be located a minimum of 0.15 metres inside the property line of the park. Refer to Parks condition X for details.

42. a) The Owner agrees to design and erect at no cost to the City, noise attenuation barriers, if required, in accordance with City specifications along the blocks fronting the future Stittsville Main Street.

b) The Owner agrees that any noise attenuation barrier required to be installed under this Agreement, shall be located a minimum of 0.30 metres inside the property line of the private property, and the location of the fence shall be verified by an Ontario Land Surveyor, prior to the release of securities for the noise attenuation barrier.

43. The Owner shall insert a clause in each agreement of purchase and sale and shall be registered as a notice on title in respect of all lands which fences have been constructed stating that:

“Purchasers are advised that they must maintain all fences in good repair, including those as constructed by Claridge Homes along the boundary of this land, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department. The Purchaser agrees to include this clause in any future purchase and sale agreements”.

Landscaping/Streetscaping

44. The Owner agrees, prior to registration to have a landscape plan(s) for the plan of subdivision prepared by a Landscape Architect, in accordance with the recommendations contained in the geotechnical report(s), the Tree Conservation Report, and/or the Environmental Impact Statement (if appropriate).

The landscape plan(s) shall include detailed planting locations, plant lists which include species, plant form and sizes, details of planting methods, pathway widths and materials, access points, fencing requirements and fencing materials, other landscape features and gateway features where required.

The Owner agrees to implement the approved landscape plan(s) and bear all costs and responsibility for the preparation and implementation of the plan(s).

The Owner agrees that where sensitive marine clay soils are present, and the geotechnical report has satisfied the applicable conditions of the Tree Planting in Sensitive Marine Clay Soils - 2017 Guidelines, confirmation of adequate soil volumes in accordance with the subject guidelines shall be provided by a Landscape Architect prior to zoning approval.

All of the aforementioned are to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

45. The Owner agrees that for all single detached and semi-detached lots, a minimum of 1 tree per interior lot and 2 trees per exterior side yard lots (i.e. corner lots) shall be provided on the landscape plan(s).

In areas of low/medium plasticity sensitive marine clay soils, the following exceptions in accordance with the Tree Planting in Sensitive Marine Clay Soils - 2017 Guidelines will apply in order to maximize the number of medium size trees:

a) Where abutting properties form a continuous greenspace between driveways, one medium size tree will be planted instead of two small size trees, provided the minimum soil volume can be achieved. In these cases only, for the purposes of determining the minimum number of trees to be planted, one medium size tree that replaces two small trees will be counted as two trees. b) The medium size tree should be planted as close as possible to the middle of this continuous greenspace (in the right-of-way) to maximize available soil volume. c) On larger lots with sufficient soil volume for a medium size tree, one medium size tree will be planted on each lot (or each side of a corner lot), even if the abutting properties form a continuous greenspace between driveways. d) If trees need to be replaced, Forestry staff reserve the right to plant appropriate size trees at one tree per lot.

Along park frontages, the Landscape Plan shall locate trees at a 6-8 metre on-centre separation distance along the full extent of the road right-of-way abutting any park block(s).

Should specific site constraints prevent the required allocation of trees, the remaining number of required trees shall be provided within any proposed park(s), open space or environmental blocks, non-residential road right-of-way frontages, stormwater management facility(s), or other suitable alternative locations, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

46. In areas of sensitive marine clay soils where the six conditions of the Tree Planting in Sensitive Marine Clay Soils – 2017 Guidelines have been met, the following shall be provided:

a) The landscape plan shall include a note indicating that is has been developed as per the geotechnical report(s) (date, author), the letter (date, author), and Map (date, title), to the satisfaction of the General Manager, Planning, Real Estate and Economic Development. b) At the time of tree planting, in addition to providing an F1 inspection form, the Landscape Architect will provide a signed letter indicating that trees have been planted with appropriate soil volume in accordance with the approved Landscape Plan, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development.

Tree Conservation

47. The Owner acknowledges and agrees to abide by the City’s Tree Protection Bylaw, being By-Law No. 2020-340, as amended and that any trees to be removed shall be removed in accordance with an approved Tree Permit and the Tree Conservation Report referenced in Schedule “E” hereto.

48. The Owner acknowledges and agrees to abide by the City’s Tree Protection Bylaw, being By-Law No. 2020-340, as amended and that all retained trees will be protected in accordance with an approved Tree Conservation Report referenced in Schedule “E” hereto.

Parks

49. The Owner covenants and agrees that the parkland dedication requirement has been calculated at the rates established for residential purposes in the Parkland Dedication By-law 2009-95, as amended by the Planning Act, for a dedication requirement of 3,533.3 m². In the event that the number of dwelling units or uses changes, the required parkland dedication requirement will also change. The area of required parkland dedication has been calculated as follows:

Proposed Use	Site Area (m²)	Units / Development	Parkland Dedication Rate	Parkland Dedication (m²)
Singles / Semis / Towns	N/A	212 units	1 ha per 600 dwelling units	3,533.3
Total		212 units		3,533.3

50. In accordance with the Planning Act and the City of Ottawa Parkland Dedication By-law 2009-95, the Owner covenants and agrees to convey Park Block 13, to the satisfaction of the General Manager, Recreation, Cultural and Facility Services Department.

51. The Owner acknowledges and agrees to design and construct at its cost the parkland, identified as Park Block 13 in accordance with City Specifications and Standards. The Owner further agrees to provide design plans and documents as detailed in the Park Development Manual 2ed edition 2017 (and as amended) for the park. The plans and documents will detail the designs, costs and amenities to be provided in the park. The expected cost of the design, construction, review and inspection of the park will be in accordance with the rate per hectare and indexing rate utilized for park development by the City at the time of registration of each phase of development, and shall be referred to as the “Park Development Budget”.

The design plans and documents as well as the final budget for design, construction, review and inspection shall be subject to approval by the City, all to the satisfaction of the General Manager, Recreation, Cultural and Facility Services Department.

52. All Owner obligations associated with the Park Block must be completed to the satisfaction of the General Manager, Recreation, Cultural and Facility Services Department within two years of registration.

In the event that the park construction commences more than two years after the registration of the subdivision phase, which contains the Park Block, the Owner agrees that the Park Development Budget shall be based on the park development rate per hectare in effect at the time of the commencement of the park construction.

53. The Owner acknowledges and agrees that no stormwater management facilities, overland flow routes, and/or encumbrances of any kind, such as retaining walls, utility lines or easements of any kind shall be located on, under, or in front of, dedicated park block.

If encumbrances exist on site, the removal and/or mitigation of the encumbrances shall be the responsibility of the Owner, at the Owner’s expense.

All of the aforementioned are to the satisfaction of the General Manager, Recreation, Cultural and Facility Services Department.

54. The Owner acknowledges and agrees that any encumbrances at, above or below the surface, which are not solely for the benefit of the park, such as retaining walls, utility lines, parking garages, floodplain areas, wildlife and vegetation buffers or easements of any kind on lands, or portion thereof encumbering the design and function of future Park Block must be approved by the General Manager of Recreation, Culture and Facility Services Department, and will not form part of the Planning Act parkland dedication requirements.

55. The Owner agrees the Park Block must be fully developable for its intended use based on a geotechnical report. If any constraints to the development of the Park Block are found, the measures necessary to mitigate the constraints and to provide a subgrade suitable for the intended park uses as identified in the Facility Fit Plan, or if a Facility Fit Plan has not yet been prepared for intended park uses as identified by Parks planning staff, will be undertaken by the Owner. The Owner is solely responsible for the costs of any necessary mitigation measures in addition to the Park Development Budget.

All of the aforementioned are to the satisfaction of the General Manager, Recreation, Cultural and Facility Services.

56. Once a Facility Fit Plan is submitted and after tree protection fencing has been installed accordingly, both as approved by the General Manager, Recreation, Cultural and Facility Services, the Owner may remove vegetation, trees and topsoil from the park to facilitate rough grading of the area. The City agrees that the Owner may stockpile the topsoil either on or off the Park Block.

If the removal of the native topsoil is required, the Owner agrees to provide replacement topsoil, outside of the Park Development Budget, at a sufficient depth and quality for parks as per City Standards for park topsoil. All work shall proceed in accordance with the applicable By-laws.

57. The City acknowledges and agrees that the Owner may use the Park Block outside of the protected park areas for the stockpiling of materials or staging as needed. The Owner agrees to conduct the stockpiling of soils in accordance with O. Reg.406/19: On-site and Excess Soil Management, as amended.

The Owner agrees contaminated soils shall not be stockpiled on future park areas. The Owner agrees to provide to the City documentation of the source and quality of the soils temporarily stored on the future park areas.

The Owner acknowledges and agrees that in the event that the Owner chooses to use the parkland for stockpiling or staging, once this use of the parkland is completed, all materials will be removed from the parkland, soil decompacting works will be performed, and a geotechnical report by a qualified and licensed engineer or geoscientist will be submitted. The geotechnical report shall confirm that the subgrade is suitable for its intended use and that no contaminants have been deposited on the parkland. The geotechnical report must indicate the level of soil compaction on the site and conform to City Standards, to the satisfaction of the General Manager, Recreation, Cultural and Facility Services.

The Owner agrees that any remediation required to the parkland as result of the Owner’s use of the parkland will be at the Owner’s expense and will be in addition to the estimated Park Development Budget calculated at the per hectare rate as indexed and such remediation work shall be completed to the satisfaction of the General Manager, Recreation, Cultural and Facility Services.

58. The Owner further agrees to prepare and submit upon registration, for approval all park plans and documents required as noted in the Park Development Manual 2nd Edition 2017 based on the approved Facility Fit Plan, all to the satisfaction of the General Manager, Recreation, Cultural and Facility Services.

59. The Owner acknowledges and agrees that it is the responsibility of the Owner to fill and rough grade the park where necessary to meet subdivision grades, with clean earth borrow, compacted and levelled within the Park Block accordingly, to provide for positive surface drainage as per the City Standards for Park fill and rough grading as per the approved subdivision grading plan. All at the expense of the Owner.

a) Any fill imported to the Park Block must be conducted in accordance with O. Reg.406/19: On-site and Excess Soil Management, as amended. Documentation of the source and quality of the fill to be imported must be approved by a Qualified Person. Soils must be tested to the minimum parameter list as specified in the excess soils regulation. Importation of soils with no chemical testing will not be permitted. Additional testing may be required by the Qualified Persons as defined in the regulation. b) Copies of all records related to all soils imported to the future park areas must be provided to the City. It is the responsibility of the Owner to fill and rough grade the park where necessary, with clean earth borrow, compacted and leveled within the park block accordingly, to provide for positive surface drainage as per the City Standards for Park Fill and rough grading as per the approved subdivision grading plan. All at the expense of the Owner. All works and fill materials are to be approved by the General Manager, Planning, Real Estate and Economic Development Department prior to being placed on site.

All work shall proceed in accordance with the applicable regulations and according to the current (at time of work) approved City details and specifications.

60. The Owner acknowledges and agrees that it is the responsibility of the Owner to undertake the final grading of the Park Block as per the park working drawings / grading and drainage plan. The final grading will be covered by the Park Development Budget to a maximum of 10% of the park construction cost sub-total. Additional grading beyond 10% of park construction cost will be at the Owner’s expense.

All works and design drawings are subject to the approval of the General Manager, Recreation, Cultural and Facility Services and the General Manager, Planning, Real Estate and Economic Development Departments.

61. Unless otherwise specified the Owner shall provide the following services and utilities to all Park Blocks:

a) A 300mm diameter storm sewer and CB/MH at 2m inside the park property line. b) 150mm diameter sanitary sewer and MH at 2m inside the park property line. c) A 120/240 volt, 200 amperes single phase hydro service at 2m inside the park property line. The Owner is responsible for making all arrangements and coordinating the connection of the new hydro (electrical) service, including costs and inspections, with the respective hydro (electricity) agencies. The Owner is also responsible to ensure the park electricity service(s) is included on the approved CUP drawings.

All works shall be shown on the approved drawings and shall be subject to the approval of the General Manager, Planning, Real Estate and Economic Development Department.

62. The Owner shall install fencing of uniform appearance and quality, with a minimum height of 1.5 m along the common boundary of all residential lots and other lots which abut Park Block. Fences shall be installed 0.15m on the park property side of the common property line, and the location of the fence shall be verified by an Ontario Land Surveyor. All fences must adhere to the City’s fence By-law 2003-462. Fence materials will be of commercial grade and consist of 6-gauge black vinyl coated chain link material and black powder coated schedule 40 pipe rails and posts or an approved alternative.

63. The Owner agrees to provide and install a two-rail post and rail fencing of uniform appearance and quality, with a minimum height of 0.95 m along the Right-of-way of the new arterial road which abut the Park Block to the North. Fences shall be installed 0.15m on the park property side of the common property line, and the location of the fence shall be verified by an Ontario Land Surveyor. The two-rail post and rail fence must adhere to the City’s Standard Detail Drawings.

64. The Owner agrees to provide and install a temporary fencing, with a minimum height of 1.5 m along the Park Block shared property line. Fences shall be installed on the common property line, and the location of the fence shall be verified by an Ontario Land Surveyor.

65. No access from private property to passive public property will be allowed. The Owner shall place the following clause in each Agreement of Purchase and Sale and shall be registered as a notice on title in respect of all Lots and Blocks:

“The Transferee for himself, his heirs, executors, administers, successors and assigns acknowledges being advised that gates accessing public property are not permitted in the fences.”

66. The Owner shall include a clause in each Agreement of Purchase and Sale and shall be registered as a notice on title in respect of all Lots and Blocks which shall provide notification to all purchasers of lands within the Subdivision that parkland within this subdivision and/or already existing in the vicinity of the subdivision may have:

a) active hard surface and soft surface recreational facilities b) active lighted sports fields and other lit amenities c) recreation and leisure facilities d) potential community centre e) library f) day care g) other potential public buildings / facilities / amenities.

67. The Owner acknowledges and agrees that, if the approved park concept design contains amenities proposed by the Owner that exceed the Park Development Budget, and if securities are not retained by the City for these items, the City shall not be responsible for these items in the event that the City must complete the park.

68. The Owner acknowledges and agrees that, following registration of this agreement, the Park Block will be transferred to the City. Notwithstanding said transfer, the Owner acknowledges and agrees that, prior to the assumption of the park by the City, the Owner will retain all liability for the transferred blocks and that said transfer will in no way exonerate the Owner from its responsibility to design and construct the park(s) pursuant to the terms of this agreement.

69. Prior to the acceptance of the Park Block, with substantial wooded area, the Owner agrees to remove any dead, dying or fallen trees and debris from within the Park Block that pose a safety risk. Prior to any removals, the Owner must arrange an inspection of the lands with the City Forester and Park Planner in advance of these works occurring. Any removals/clean-up shall follow best forestry practices.

70. The Owner acknowledges and agrees that existing mature trees, in good condition within the Park Block shall be retained and protected as per the City Tree Protection By-law.

71. The Owner agrees to abide by all appropriate regulations associated with Provincial and Federal statutes for the protection of wildlife, and agrees to undertake any & all mitigation requirements with respect to ministry approvals pertaining to existing and abutting butternut trees in which the protection radius would impact the subdivision.

72. The Owner acknowledges and agrees to erect, at its expense, on the Park Block at locations selected by the General Manager, Planning, Real Estate and Economic Development a professionally painted sign. Sign material, size and installation and construction details shall be to the satisfaction of the General Manager, Recreation, Cultural and Facility Services. The signs shall clearly read, in English and in French:

Future Parkland No Dumping No Removal Soil or Vegetation No Storage of Materials

Parc futur Il est interdit de jeter des déchets Il est interdit d’enlever le sol ou la végétation Entreposage de matériaux interdit

The Owner further agrees to maintain the signs (including graffiti) and such signs shall be removed only with the approval of the General Manager, Recreation, Cultural and Facility Services.

73. Upon registration of the subdivision and transfer of ownership of the Park Block to the City, the Owner agrees to provide:

• a certificate of insurance that names the City of Ottawa as Additional Insured, and
• a letter of credit which covers the full amount of the Park Design and Construction Cost to ensure the work is completed.

The Owner will hereby be granted consent to enter at no cost to complete the work. All is to the satisfaction of the General Manager of Recreation Culture and Facility Services.

74. The Owner acknowledges and agrees that no work within the right-of-way in front of, or around, any boundary of the park will be a park cost. All right-of-way work including, tree planting, topsoil and sod, rail post fencing, and all hard surface work will be at the Owners’ expense.

Where a park plaza or landscape feature extends into the right-of-way as a continual element of the park development, this work may be considered park work at the discretion of the General Manager, Recreation, Cultural and Facility Services.

75. The Owner acknowledges and agrees that if there is a deficiency in the quantity of street trees within the Subdivision, and the Owner and the City mutually agree that those trees shall be planted within the Park Block(s), the supply and installation of those trees shall be at the Owners’ expense, outside of the Park Development Budget.

76. The Owner acknowledges and agrees that the total consulting costs, including all prime consulting, sub-consulting and testing fees, for the design and construction of the Park Block shall not exceed the percentage fee calculation of the park construction budget as recommended by the Ontario Association of Landscape Architects Fee Guide for Landscape Architectural Services, current version (at time of subdivision registration) by type of project (Category = 2; Complexity = Skilled) and shall be to the satisfaction of the General Manager, Recreation, Cultural & Facility Services.

77. The Owner and the General Manager of Recreation, Culture and Facility Services may, if it is mutually beneficial to both parties, enter into an agreement whereby the Owner will provide funding (+HST) to the City for the design and the construction of the Park Block(s). The City will proceed with the design and construction of the park as per the typical city-build park process as described in the Parks Development Manual. The City may need to hire another consultant due to the Conflict of Interest provisions in Section 42 of the Procurement By-law, as follows:

78. 42. CONFLICT OF INTEREST

79. (1) No person shall provide Consulting Services or Professional Services to both the City and a private sector developer on the same or related project. (2008-332)

The timing of the park construction will be at the discretion of the City. The expected cost of the park(s) works to be paid to the city will be based on the rate per hectare and indexing rate utilized for the park development by the City at the time of registration of the phase of development, which includes the park block(s) plus a 5% administrative fee for City forces to execute the project. The funding for park works will be paid to the city at the time of registration for the phase of development, which includes the park block. All standard subdivision conditions associated with the park, including, but not limited to: fencing, fill and rough grading, tree removal and services stubbed to within 2.0 m inside the park block(s) will remain a subdivision cost to be covered by the Owner separate from the park funding.

Environmental Constraints

78. The Owner shall prepare, prior to registration, an Integrated Environmental Review and/or an Environmental Impact Statement, in accordance with the policies of the Official Plan, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

79. The Owner shall prepare, prior to registration, a Phase 2 ESA to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

80. The Owner agrees that prior to registration, early servicing, or other works that would alter the vegetative characteristics of the site, the Owner shall have the environmental impact statement updated as necessary to reflect the final plan as approved, and to address any changes to the anticipated impacts and recommended mitigation measures that may be required as a result of changes to the draft plan, changes in the regulatory context with respect to species at risk, or changes in the known environmental context of the site. This update shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

81. The Owner acknowledges and agrees that the construction of the subdivision shall be in accordance with the recommendations of the Preliminary Environmental Impact Statement and Tree Conservation Report Proposed Maple Grove Subdivision Part Lot 1, Concession 1 Geographic Township of Huntley, Ottawa, ON prepared by Golder Associated (March 2018) and the Addendum to Preliminary Environmental Impact Statement and Tree Conservation Report Proposed Maple Grove Subdivision Part Lot 1, Concession 1 Geographic Township of Huntley, Ottawa, ON prepared by Golder Associates dated October 31, 2018.

82. The Owner agrees to abide by all appropriate regulations associated with Provincial and Federal statutes for the protection of wildlife, including migratory birds and species at risk.

Schools

83. The Owner covenants and agrees that the following clause shall be incorporated into all agreements of purchase and sale for the whole, or any part, of a lot or block on the Plan of Subdivision, and registered separately against the title:

“School accommodation pressures exist in the Ottawa-Carleton District School Board schools designated to serve this development which are currently being addressed by the utilization of portable classrooms and/or by directing students to schools outside their community.”

Stormwater Management

84. The Owner shall provide any and all stormwater reports (list of reports, for example, a Stormwater Site Management Plan in accordance with a Conceptual Stormwater Site Management Plan) that may be required by the City for approval prior to the commencement of any works in any phase of the Plan of Subdivision. Such reports shall be in accordance with any watershed or subwatershed studies, conceptual stormwater reports, City or Provincial standards, specifications and guidelines. The reports shall include, but not be limited to, the provision of erosion and sedimentation control measures, implementation or phasing requirements of interim or permanent measures, and all stormwater monitoring and testing requirements.

The Owner acknowledges and agrees this will include the design and construction of the extension of the storm sewer on Maple Grove Road from the current terminus to Stittsville Main Street (north/south segment).

All reports and plans shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

85. (a) Prior to the commencement of construction of any phase of this Subdivision (roads, utilities, any off site work, etc.) the Owner shall:

i. have a Stormwater Management Plan and an Erosion and Sediment Control Plan prepared by a Professional Engineer in accordance with current best management practices; ii. (if appropriate) provide all digital models and modelling analysis in an acceptable format; iii. have said plans approved by the General Manager, Planning, Real Estate and Economic Development Department, and iv. provide certification through a Professional Engineer licensed in the province of Ontario that the plans have been implemented.

(b) All submissions and any changes made to the Plan shall be submitted to the satisfaction to the City and the Mississippi Valley Conservation Authority. (c) The Owner shall implement an inspection and monitoring plan to maintain erosion control measures.

86. On completion of all stormwater works, the Owner agrees to provide certification to the General Manager, Planning, Real Estate and Economic Development Department through a Professional Engineer, licensed in the province of Ontario, that all measures have been implemented in conformity with the approved Stormwater Site Management Plan.

87. The Owner agrees that the development of the Subdivision shall be undertaken in such a manner as to prevent any adverse effects, and to protect, enhance or restore any of the existing or natural environment, through the preparation of any storm water management reports, as required by the City.

88. The Owner covenants and agrees that the following clause shall be incorporated into all agreements of purchase and sale for the whole, or any part, of a lot or block on the Plan of Subdivision, and registered separately against the title:

“The Owner acknowledges that some of the rear yards within this subdivision are used for on-site storage of infrequent storm events. Pool installation and/or grading alterations and/or coach houses on some of the lots may not be permitted and/or revisions to the approved Subdivision Stormwater Management Plan Report may be required to study the possibility of modification on any individual lot. The Owner must obtain approval of the General Manager, Planning, Real Estate and Economic Development Department of the City of Ottawa prior to undertaking any grading alterations.”

Sanitary Services

89. The Owner agrees to submit detailed municipal servicing plans, prepared by a Professional Civil Engineer licensed in the Province of Ontario, to the General Manager, Planning, Real Estate and Economic Development Department.

The Owner acknowledges and agrees this will include the design and construction of the extension of the sanitary sewer on Maple Grove Road from the current terminus to Stittsville Main Street (north/south segment).

90. Where the Owner is required under this Agreement to provide and install sanitary sewers of a diameter larger and/or at a greater depth than would be required to service the area to be developed, as detailed in the approved plans of this agreement, the Owner shall convey to the City such 0.3m reserves as may be necessary to prevent the Owners and developers of adjacent lands from making connections to the sanitary sewers installed by the Owner, the City will, insofar as it legally may, require other persons connecting to the sewer to pay an equitable share of the cost thereof to the Owner. The amount of payment shall be determined by the General Manager, Planning, Real Estate and Economic Development Department.

91. As the Owner proposes a road allowance(s) of less than 20 metres, and if the Owner also proposed boulevards between 4.0 and 5.0 metres wide, the Owner shall meet the following requirements:

a) extend water, sanitary, and storm services a minimum of 2.0 metres onto private property during installation before being capped; b) install high voltage electrical cable through the transformer foundations to maintain adequate clearance from the gas main; c) provide and install conduits as required by each utility; d) provide and install transformer security walls when a 3.0 metres clearance, as required by the Electrical Code, cannot be maintained. The design and location of the security wall must be approved by the local hydro utility; and e) install all road-crossing ducts at a depth not to exceed 1.2 metres from top of duct to final grade.

Water Services

92. The Owner agrees to design and construct all necessary watermains and the details of water servicing and metering for the lots abutting the watermains within the subject lands. The Owner shall pay all related costs, including the cost of connection, inspection and sterilization by City personnel, as well as the supply and installation of water meters by the City.

93. The Owner shall prepare, at its cost, a hydraulic network analysis of the proposed water plant within the Plan of Subdivision and as it relates to the existing infrastructure. This analysis shall be submitted for review and approval as part of the water plant design submission.

94. The Owner acknowledges and agrees not to permit any occupancy of buildings on the individual Lots described in Schedule "A" until the water plant has been installed, sterilized and placed in service to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

95. The Owner further acknowledges and agrees that the service post, which is the fitting located near the property line that allows access to the shutoff valve, must be visible, raised to finished grade and in working condition in order for the City to turn on the service.

96. The owner acknowledges and agrees to provide a Water Age Analysis prior to registration which reflects their proposed phasing and scheduling. Where required, through this analysis or through testing, the Owner acknowledges and agrees that flushing infrastructure will be installed at no cost to the City, and that the Owner will be responsible for all costs associated with the consumption and disposal of water, as required, to ensure that adequate chlorine residual is maintained throughout the water system, all to the satisfaction of the General Manager, Public Works and Environmental Services

97. The Owner acknowledges and agrees not to apply for, nor shall the City issue, building permits for more than 50 dwelling units (or the equivalent) where the watermain for such units is not looped. Any unit serviced by a looped watermain that is not looped shall be required to have sufficient fire protection, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

98. The Owner acknowledges and agrees to the design and construction of the watermain along the north/south segment of Stittsville Main Street extension from its intersection with Maple Grove Road to the east/west segment of Stittsville Main Street as shown on the approved Kanata West Master Servicing Study, Volume 1 of 2, prepared by Stantec Consulting Ltd., dated June 16, 2006. This shall be designed and constructed prior to the construction of the Stittsville Main Street extension. The Owner further agrees to coordinate the design of such infrastructure with the EA study’s Stittsville Main Street Extension functional design.

The Owner acknowledges and agrees that if this watermain is not installed at the same time as the Owner’s subject development, the Owner shall post securities for the design and construction, which shall not be released until the watermain is installed. Further, the Owner acknowledges and agrees to provide an updated cost estimate and post additional securities at the time of design and construction. This shall be to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

Serviced Lands

99. The Owner shall be responsible for the provisions of the following works, including oversizing and over depth (where appropriate), at its cost, in accordance with plans approved by the General Manager, Planning, Real Estate and Economic Development Department, and/or the Province:

a. Watermains; b. Sanitary Sewers; c. Storm Sewers; d. Roads and traffic plant(s); e. Street Lights; f. Sidewalks; g. Landscaping; h. Street name, municipal numbering, and traffic signs; i. Stormwater management facilities; and j. Grade Control and Drainage.

100. The Owner acknowledges and agrees to design and construct the watermain and storm sewer in Stittsville Main Street (east/west segment) along the entire frontage of the development lands known municipally as 1981 Maple Grove Road. The Owner further agrees to coordinate the design of such infrastructure in accordance with the functional design of the road in the Huntmar Drive Widening and Stittsville Main Street Extension Environmental Assessment Study. The Owner shall enter into any required private cost sharing agreements with adjacent land owners

This shall all be at the Owner’s cost and to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

The Owner shall submit a cost estimate and the required securities to the satisfaction of the General Manager, Planning, Real Estate and Economic Development prior to registration. The Owner acknowledges agrees that the securities will be held until works are complete.

101. The Owner shall not commence construction of any Works or cause or permit the commencement of any Works until the City issues a Commence Work Notification, and only then in accordance with the conditions contained therein.

102. The Owner agrees to provide services oversized and over depth to service lands beyond the limits of the subdivision as required and to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

103. The Owner shall not be entitled to a building permit, early servicing, or commencement of work construction until they can demonstrate that there is adequate road, sanitary, storm, and watermain capacity and any Environmental Compliance Approvals (ECA) necessary are approved. All are to the satisfaction of the General Manager, Planning, Real Estate and Economic Development Department.

104. Hydrogeological Baseline Water Quality Sampling Program

a) Prior to early servicing or registration, whichever is earlier, the Owner shall submit a Hydrogeological Baseline Water Quality Sampling Program, for review and approval by the General Manager, Planning, Real Estate and Economic Development, in accordance with the recommendations of the Revised Desktop Hydrogeological Impact Assessment, Proposed Residential development 1981 Maple Grove Road, prepared by Golder’s Associates, dated June 29, 2021. Prior to contacting the residents, the pre-survey letter is to be reviewed and approved by the General Manager, Planning, Real Estate and Economic Development. b) The Owner acknowledges and agrees that prior to the issuance of a Commence Work Notification, that the Hydrogeological Baseline Water Quality Sampling Program will apply to the following properties and the sampling results sent to the City.:

1895, 1919, 1927 and 1939 Maple Grove Road

c) Any exception will require a thorough rationale documenting why the property could not be sampled.

105. In Case of a Complaint

In the case of a complaint filed with the City with respect to impact on domestic water supply by a residence identified in the Hydrogeological Baseline Water Quality Sampling Program, unless otherwise indicated in writing to the City, the Owner shall provide temporary water supply within twelve (12) hours of a legitimate complaint. The Owner shall retain a hydrogeologist to investigate the cause of the problem and shall submit a report within fifteen (15) working days of the complaint to the General Manager, Planning, Real Estate and Economic Development for review. Should the General Manager, Real Estate, Infrastructure and Economic Development determine that the cause of the problem is the subdivision, the Owner shall provide the residence with a permanent water supply in a timely manner and with equivalent or better quality and quantity, consisting of either:

a) A new well, complete with a pump, piping and all appurtenances required to provide potable water to the house, including abandonment of the existing well; or b) If possible, connection to municipal water, including all associated costs to bring the service to the house, including abandonment of the existing well.

The temporary water supply shall remain in place until the permanent water supply has been provided or the City has determined that the Owner is not responsible.

Utilities

106. The Owner is hereby advised that prior to commencing any work within the subdivision, the Owner must confirm that sufficient wire-line communication /telecommunication infrastructure is currently available to the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner shall ensure, at no cost to the City, the connection to and/or extension of the existing communication / telecommunication infrastructure. The Owner shall be required to demonstrate to the municipality that sufficient communication /telecommunication infrastructure facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication /telecommunication for emergency management services (i.e. 911 Emergency Services).

107. The Owner shall pre-consult with Hydro Ottawa for any proposed reduction to the City of Ottawa three-metre minimum standard setback prior to designing the electrical servicing, as it may affect the electrical servicing design, timeline for installation and cost; this includes any proposed overhang encroachment into the 3m-setback space.

108. The Owner may be required to enter into an Electrical Servicing Agreement with Hydro Ottawa Limited, to the satisfaction of Hydro Ottawa.

109. The Owner may be responsible for a Capital Contribution payment(s) towards a distribution system expansion, if the proposed development requires electrical servicing greater than can be provided by the existing distribution system in the vicinity, either in capacity or in extension limit. This amount shall be in accordance with Hydro Ottawa's Contributed Capital Policy and Conditions of Service.

110. Hydro Ottawa’s standard distribution network is overhead for any voltage system along or through open fields, business parks, rural areas, arterial, major collector and collector roads; any additional premium costs beyond the standard shall be at the Owner’s cost; in all instances, electrical distribution above 27kV shall be via overhead distribution.

111. The Owner shall be responsible for servicing the buildings within the property. Only one service entrance per property shall be permitted.

112. Prior to commencement of any construction activities, the Owner shall inform Hydro Ottawa of any acute shock construction process or rubbelization to be used during construction, and apply Hydro Ottawa's work procedure UDS0022 "Protecting Electrical Distribution Underground Plant & Support Structures from Acute Shock Construction Processes". The Owner shall be responsible for any damage to Hydro Ottawa distribution assets.

113. Hydro Ottawa prohibits any change of grade that results in reduced life expectancy of the asset. Any change in grade of more than 0.3m in the vicinity of proposed or existing electric utility equipment shall be reviewed with Hydro Ottawa.

114. The Owner shall ensure that any landscaping or surface finishing does not encroach into existing or proposed Hydro Ottawa's overhead or underground assets or easement. When proposing to place plantings in proximity of existing power lines, the Owner shall refer to Hydro Ottawa’s free publication "Tree Planting Advice". The shrub or tree location and expected growth must be considered. If any Hydro Ottawa related activity requires the trimming, cutting or removal of vegetation, or removal of other landscaping or surface finishing, the activity and the re-instatement shall be at the Owner’s expense.

115. The Owner acknowledges and agrees that prior to commencing Works identified within the Draft Plan; it shall confirm the proposed development is sufficiently serviced by all necessary utilities. The Owner further agrees to comply with all relevant and existing utility Conditions of Service, construction processes and guidelines. The Owner further agrees it shall be responsible for engaging the providers of any necessary utilities to determine servicing for the proposed development and that it shall be responsible for all costs relating to the relocation, placement and/or upgrade of existing or future utility infrastructure for the proposed development. The Owner shall be required to demonstrate to the satisfaction of the General Manager, Planning, Real Estate and Economic Development that sufficient utility servicing and infrastructure exist to service the proposed development and that communication / telecommunication infrastructure facilities are available, at a minimum, for the delivery of emergency management services.

The Owner acknowledges and agrees to convey, at their cost, any easements as may be required by the necessary utilities and agrees to abide by all conditions of the City’s inhibiting order. The Owner further acknowledges and agrees that such easements shall not be granted on any lands being conveyed to the City, or those proposed to be conveyed to the City, without City’s approval.

Should any lands owned or proposed to be owned by the City be encumbered as a result of these conditions, the Owner shall bear the sole responsibility and costs associated with correcting such actions, including but not limited to the conveyance of additional lands, the relocation of any such easements or infrastructure as may be deemed appropriate by the General Manager, Planning, Real Estate and Economic Development.

d) Fire Services

116. The Owner acknowledges and agrees that if two-hour firewalls, active fire protection measures such as sprinkler systems, and/or minimum building separations are required to comply with the FUS calculation as per the City Design Guidelines for water distribution systems, the Owner shall note any such requirements on the grading plan. The Owner shall, prior to registration, provide certified plans demonstrating the locations of such oversized services and/or oversized plumbing to compensate for low peak hour pressures in the local water distribution system. All are to the satisfaction of the General Manager of Planning, Real Estate and Economic Development Department.

117. The Owner acknowledges and agrees that measures which include, but are not limited to, active fire protection measures such as sprinkler systems, two-hour firewalls that compartmentalize the structure into separate fire areas, and oversized services and/or oversized plumbing shall require the posting of securities to guarantee their installation, prior to registration. The securities will be released upon receiving a letter signed and sealed by a Professional Engineer licensed in the Province of Ontario certifying that construction was carried out in accordance with the approved drawing(s)/plan(s). All are to the satisfaction of the General Manager of Planning, Real Estate and Economic Development Department.

e)

118. The Owner shall insert a clause in each agreement of purchase and sale and shall be registered as a notice on title in respect of all Lots and Blocks wherein the dwelling contains, or intends to contain, a sprinkler system as follows:

“Purchasers are advised that they must maintain the sprinkler system in working order to the satisfaction of the City’s Fire Department. The Purchaser agrees to include this clause in any future purchase and sale agreements.”

119. The Owner acknowledges and agrees that it shall, in the case of insufficient fire flow availability or excessive water age and loss of water disinfectant residual, provide active fire protection options such as sprinkler systems, two-hour firewalls or fire breaks that compartmentalize the structures into separate fire areas, as may be required, to limit the sizing of crescent, dead-end, and other distribution mains to a nominal size of no more that 200mm. All are to be determined by and to the satisfaction of the General Manager of Planning, Real Estate and Economic Development Department.

f) Noise Attenuation

120. The Owner acknowledges and agrees in accordance with the recommendations of 1981 Maple Grove Road Environmental Noise Impact Study, prepared by IBI and dated February 2018, the Owner shall undertake a detailed acoustical assessment prior to registration for traffic noise. This detailed Noise Study shall be prepared by a Professional Engineer, licensed in the province of Ontario to the satisfaction and approval of the General Manager, Planning, Real Estate and Economic Development Department. The Study shall comply with:

i. the City of Ottawa’s Environmental Noise Control Guidelines, as amended; and ii. address, and be in accordance with, the current version of the Association of Professional Engineers of Ontario Guidelines for Professional Engineers providing Acoustical Engineering Services in Land Use Planning.

The study shall provide all specific details on the methods and measures required to attenuate any noise that exceeds the allowable noise limits in locations as determined by the recommendations of the Noise Assessment Study.

The detail noise study shall assess Stittsville Main Street as a major collector road as identified in the Official Plan and use the parameters from Appendix B of the City of Ottawa’s Environmental Noise Control Guidelines for sound level predictions.

121. Where structural mitigation measures are required as a result of the Noise Assessment Study, the Owner shall provide, prior to final building inspection, certification to the General Manager, Planning, Real Estate and Economic Development Department, through a Professional Engineer, that the noise control measures have been implemented in accordance with the approved study.

122. The Owner agrees that all purchase and sale agreements for the whole or any part of the lot/block on the Plan of Subdivision shall contain the following clauses that shall be registered as a notice on title in respect of all Lots and Blocks:

Warning Clause Type A: "Transferees are advised that sound levels due to increasing Maple Grove/Stittsville/Main Street/collector road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the City’s and the Ministry of the Environment's noise criteria."

Warning Clause Type B: "Transferees are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing Maple Grove/Stittsville/Main Street/collector road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the City’s and the Ministry of the Environment's noise criteria."

123. The Owner agrees to design and erect at no cost to the City, noise attenuation barriers, if required, in accordance with City specifications along the blocks fronting the future Stittsville Main Street.

g) Land Transfers

124. The Owner shall convey, at no cost to the City, all lands required for public purposes, including but not limited to, reserves, road widenings, daylighting triangles, walkway blocks, open space blocks, and lands required for parks (or cash-in-lieu thereof) and for stormwater management. In particular, the Owner agrees to convey the following lands:

i. Pathway, Walkway or Servicing Blocks –Block 8 ii. Open Space Blocks – iii. Watercourses (buffer strips/riparian corridors) - iv. Park Blocks –Block 13 v. Storm Water Management Blocks – vi. Road Widening Blocks –Blocks 19, 20 and 21 vii. 0.3 m Reserve Blocks – viii. Daylighting Triangles – ix. Transit Corridors – x. Wetlands –

125. The Owner agrees to convey, at no cost to the City, any easements that may be required for the provision of water and wastewater systems, in addition to underground or overland stormwater drainage systems.

Development Charges By-law

126. The Owner acknowledges that some of the works of the Subdivision are eligible for development charges revenues pursuant to the City’s applicable Development Charges By-law and background study, as well as budget approval by City Council where required. Such contributions are to be determined and agreed to by the City, prior to the commencement of the associated Works or as agreed to by the City. The Owner agrees to enter into any agreements that may be required pursuant to the applicable Development Charges By-law.

127. The Owner shall inform the purchaser after registration of each lot or block of the development charges that have been paid or which are still applicable to the lot or block. The applicable development charges shall be as stated as of the time of the conveyance of the relevant lot or block and the statement shall be provided at the time of the conveyance. The statement of the Owner of the applicable development charges shall also contain the statement that the development charges are subject to changes in accordance with the Development Charges Act, 1997 and the Education Development Charges Act.

128. The Owner acknowledges that for building permits issued after January 15, 2010, payment of non-residential development charges, excluding development charges for institutional developments, may be calculated in two installments at the option of the Owner, such option to be exercised by the Owner at the time of the application for the building permit. The non-discounted portion of the development charge shall be paid at the time of issuance of the building permit and the discounted portion of the development charge shall be payable a maximum of two years from the date of issuance of the initial building permit subject to the following conditions:

a) a written acknowledgement from the Owner of the obligation to pay the discounted portion of the development charges; b) no reduction in the Letter of Credit below the amount of the outstanding discounted development charges; and c) indexing of the development charges in accordance with the provisions of the Development Charges By-law.

The Owner further acknowledges that Council may terminate the eligibility for this two-stage payment at any time without notice, including for the lands subject to this agreement and including for a building permit for which an application has been filed but not yet issued.

For the purposes of this provision, “discounted portion” means the costs of eligible services, except fire, police and engineered services that are subject to 90% cost recovery of growth-related net capital costs for purposes of funding from development charges. The 10% discounted portion, for applicable services, must be financed from non-development charge revenue sources.

“Non-discounted portion” means the costs of eligible services, fire, police and engineered services, that are subject to 100% cost recovery of growth-related net capital costs for purposes of funding from development charges.

Survey Requirements

129. The Owner shall provide the final plan intended for registration in a digital format that is compatible with the City’s computerized system.

130. The Plan of Subdivision shall be referenced to the Horizontal Control Network in accordance with the City requirements and guidelines for referencing legal surveys.

131. The distance from the travelled Centreline of all existing adjacent roads to the subdivision boundary should be set out in the Plan of Subdivision.

Closing Conditions

132. The City Subdivision Agreement shall state that the conditions run with the land and are binding on the Owner's, heirs, successors and assigns.

133. At any time prior to final approval of this plan for registration, the City may, in accordance with Section 51 (44) of the Planning Act, amend, delete or add to the conditions and this may include the need for amended or new studies.

134. The owner shall pay any outstanding taxes owing to the City of Ottawa prior to registration.

135. Prior to registration of the Plan of Subdivision, the City is to be satisfied that conditions 1 to 135 have been fulfilled.

136. The Owner covenants and agrees that should damage be caused to any of the Works in this Subdivision by any action or lack of any action whatsoever on its part, the General Manager, Planning, Real Estate and Economic Development Department may serve notice to the Owner to have the damage repaired and if such notification is without effect for a period of two full days after such notice, the General Manager, Planning, Real Estate and Economic Development Department may cause the damage to be repaired and shall recover the costs of the repair plus the Management Fee under Section 427, of the Municipal Act, 2001, like manner as municipal taxes.

137. If the Plan(s) of Subdivision, including all phases within the draft approved plan of subdivision, has not been registered by April 5th, 2026, the draft approval shall lapse pursuant to Section 51 (32) of the Planning Act. Extensions may only be granted under the provisions of Section 51 (33) of said Planning Act prior to the lapsing date.