Fowler Construction Company Ltd. v. Ramara (Township), 2023 CanLII 76842

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 17, 2023

CASE NO(S).: OLT-22-002101 (Formerly) PL190391

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant:

Fowler Construction Company Ltd.

Subject:

Request to amend the Official Plan - Refusal or request by Township of Ramara

Description:

To permit the expansion of the existing licensed quarry area

Property Address/Description:

7723 Rama Road

Municipality:

Township of Ramara

Approval Authority File No.:

OP-1/17

OLT Case No.:

OLT-22-002101

Legacy Case No.:

PL190391

OLT Lead Case No.:

OLT-22-002101

Legacy Lead Case No.:

PL190391

OLT Case Name:

Fowler Construction Company Ltd. v. Ramara (Township)

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

Applicant and Appellant:

Fowler Construction Company Ltd.

Subject:

Application to amend Zoning By-law No. 2005-85 - Refusal of Application by Township of Ramara

Description:

To permit the expansion of the existing licensed quarry area

Property Address/Description:

7723 Rama Road

Municipality:

Township of Ramara

Approval Authority File No.:

Z-8/17

OLT Case No.:

OLT-22-002101

Legacy Case No.:

PL190392

OLT Lead Case No.:

OLT-22-002101

Legacy Lead Case No.:

PL190391

PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A. 8, as amended

Referred by:

Katie O’Connell

Objector:

Greg Armstrong

Objector:

Marilyn Armstrong

Objector:

William Armstrong

Objector:

Gary Bennett; and others

Applicant:

Fowler Construction Company Ltd., James Gordon

Subject:

Application for a Class A licence for the removal of aggregate

Description:

To permit the expansion of the existing licensed quarry area

Reference Number:

License No. 626271

Property Address:

Part Lot 40, Concession Broken Front

Municipality:

Township of Ramara

OLT Case No.:

OLT-22-002101

Legacy Case No.:

MM200028

OLT Lead Case No.:

OLT-22-002101

Legacy Lead Case No.

PL190391

BEFORE:

P. TOMILIN ) Friday, the 11^th MEMBER ) day of August, 2023

THIS MATTER having come before the Tribunal for a hearing on February 22 to March 16, 2022 and the Tribunal having issued an interim Decision and Order dated April 29, 2022 allowing the Appellant’s appeal and withholding its final Order pending:

(a) Confirmation that the Zoning By-law Amendment is in a form satisfactory to the Township;

(b) Confirmation that the Appellant, the Township of Ramara and the County of Simcoe have entered into an agreement to secure the traffic camera to be installed at the intersection of Switch Road and Rama Road and the Trucker Safety Protocol attached as Schedule “C” to the Tribunal’s interim Decision and Order; and

(c) Confirmation that the Appellant has revised its application to the Minister of Natural Resources and Forestry (formerly the Minister of Northern Development, Mines, Natural Resources and Forestry) for a Site Plan Amendment for the Existing Fleming Quarry to incorporate the modifications to the Existing Quarry Site Plans as set out in the Reply Witness Statement of Brian Zeman dated February 7, 2022;

AND WHEREAS the Tribunal received confirmation on March 21, 2023 that the Zoning By-law Amendment is in a form satisfactory to the Township and that the Appellant had revised its application to the Minister of Natural Resources and Forestry for a Site Plan Amendment for the Existing Fleming Quarry to incorporate the modifications to the Existing Quarry Site Plans as set out in the Reply Witness Statement of Brian Zeman dated February 7, 2022;

AND WHEREAS the Appellant, the Township of Ramara and the County of Simcoe have executed a Traffic Safety Agreement dated July 11, 2023 including the Trucker Safety Protocol, which is attached as Schedule “A” to this Order;

THE TRIBUNAL ORDERS that the Zoning By-law Amendment attached as Schedule “B” is approved and Zoning By-law 2005.85 is amended accordingly;

THE TRIBUNAL ORDERS that the Official Plan Amendment attached as Schedule “C” is approved and the Official Plan for the Township of Ramara amended accordingly; and

THE TRIBUNAL ORDERS that the Minister of Natural Resources and Forestry is directed to issue a Category A, Class 2 licence subject to the ARA Site Plan attached as Schedule “D”.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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.

SCHEDULE “A”

TRAFFIC SAFETY AGREEMENT

THIS AGREEMENT is made as of the 11^th day of July, 2023.

BETWEEN:

THE CORPORATION OF THE COUNTY OF SIMCOE

(“County”)

• and -

THE CORPORATION OF THE TOWNSHIP OF RAMARA

WHEREAS: ( “Township”)

• and -

FOWLER CONSTRUCTION COMPANY LTD.

(“Fowler”)

A. Fowler applied to the Minister of Northern Development, Mines, Natural Resources and Forestry (“Minister”) for a Category 2, Class A licence under the Aggregate Resources Act (the “Licence”) to permit the operation of a quarry located at Part of Lot 40, Broken Front Concession, Geographic Township of Rama, Township of Ramara, County of Simcoe (the “Quarry”).

B. As part of the licensing process, Fowler applied to the Township for an official plan amendment (“OPA”) and zoning by-law amendment (“ZBA”) to permit the operation of the Quarry.

C. On July 22, 2019, the Township refused the OPA and ZBA applications based in part on residents’ concerns about traffic safety at the intersection of Switch Road and Rama Road.

D. Switch Road is a road within the jurisdiction and ownership of the Township and Rama Road is a road within the jurisdiction and ownership of the County. There is a stop sign located on Switch Road at the intersection with Rama Road.

E. On February 22, 2022, to March 16, 2022, the Ontario Land Tribunal (“OLT”) held a hearing into Fowler’s appeals of the Township’s refusals of the OPA and ZBA application, and into the application for the Licence.

F. In its decision dated April 29, 2022, the OLT ordered that the OPA and ZBA were approved and ordered the Minister to issue the Licence. The OLT withheld its final Order pending confirmation from Fowler that Fowler, the County and the Township

• 2 -

have entered into an agreement to secure a traffic camera system to be installed at or near the intersection of Switch Road and Rama Road and a Trucker Safety Protocol. Fowler, the County and the Township (collectively, the “Parties”) have agreed to set out and to be bound by the terms and conditions contained in this Agreement.

NOW THEREFORE IN CONSIDERATION of the covenants herein contained and the sum of Ten ($10.00) Dollars paid by each of the County, the Township and Fowler and other good and valuable consideration, the receipt and sufficiency of which each party hereby acknowledges, the parties hereto agree as follows:

1. Recitals

The above recitals are true and incorporated as terms of this Agreement.

2. Schedules

The following schedules are attached hereto and incorporated into and form part of this Agreement:

Schedule A: Camera location Schedule B: Camera specifications Schedule C: Trucker Safety Protocol

3. Installation and Operation of Traffic Camera System

The Parties agree that within 60 days of execution of this agreement, Fowler shall install a traffic camera compliance system (the “Traffic Camera System”) at the location shown on Schedule A which will be:

(a) Capable of identifying and recording vehicles egressing the Quarry site and which would be the subject of the compliance assessment and incident reporting;

(b) equipped with Automatic Number Plate Recognition technology in accordance with the specifications shown in Schedule B;

(c) capable of confirming whether a vehicle made a complete stop; and

(d) capable of generating an incident report.

The County and the Township hereby consent to the installation of the Traffic Camera System at the location shown on Schedule A.

Fowler will ensure that the Traffic Camera System is operational from 5:00 a.m. to 8:00

p.m. Mondays through Fridays and from 5:00 a.m. to 1:00 p.m. Saturdays during the period from May 1 through December 31 or whenever shipping takes place from the Quarry outside these dates and times.

• 3 -

4. Infractions and Discipline

Fowler agrees that it will assign a member of its staff to review incident reports generated from the Traffic Camera System as they are received. Should an incident report show that an independent contractor failed to stop at the intersection of Switch Road and Rama Road, Fowler will take the following disciplinary action:

(a) First infraction: written warning identifying the observed infraction;

(b) Second infraction: one week suspension from the Quarry; and

(c) Third infraction: one year suspension from the Fleming Quarry

Should an incident report show that a Fowler employee failed to stop at the intersection of Switch Road and Rama Road, Fowler will discipline the employee in accordance with Fowler’s progressive discipline policy.

5. Reporting

During the period from May 1 to December 31 or whenever shipping takes place from the Quarry outside these dates and times when the Traffic Camera System is operational, Fowler will provide reports on infractions and disciplinary actions taken to the Township on a monthly basis or at such lesser frequency as may be agreed between the Parties. Fowler will provide reports to the County for information only on a quarterly basis. Fowler will also review the infraction and disciplinary reports with the Community Liaison Committee (“CLC”) at a frequency determined by the CLC. Such reports will not include personal identifying information of persons subject to disciplinary action.

These should include trend reports, showing month-by-month results for the following:

(a) System downtime (the percentage of time, based on operating hours, not 24 hours);

(b) The number of licence plates successfully matched to registry;

(c) The number of unreadable licence plates;

(d) The number of infractions; and

(e) A breakdown of the infractions (i.e. first, second, or third infraction).

There will be a minimum six (6) months of preservation of footage from the collection date of video clips of vehicle compliance, which shall be logged by date and time.

The training materials for the third party overseas analysts should be provided to the parties to this agreement and to the CLC.

• 4 -

6. Review System

For the first two years of operation of the Quarry, the Township will have the right to attend at the Quarry on two separate occasions during the period identified in section 3, above, to perform a review of the operation of the Traffic Camera System. If the reviews during the first two years of operation disclose a deficiency in the operation of the Traffic Camera System or incident reporting, then the reviews will continue to take place twice per year.

Once there have been two years of operation of the Quarry with satisfactory reviews, the Township will have the right to attend to perform the review once every five years. If a review during this five year period discloses a deficiency in the Traffic Camera System or incident reporting, then the reviews will take place once per year until a satisfactory review has taken place, at which time the reviews will revert to once every five years.

The review will be carried out by an independent transportation engineer, the identity of whom will be agreed upon in advance by Fowler and the Township (the “Third Party Reviewer”). The Township will not be required to provide Fowler with advance notice of the Third Party Reviewer’s attendance at the Quarry for this purpose.

The Third Party Reviewer will be entitled to obtain the Traffic Camera System data, videos and reporting in a useable form that allows the Third Party Reviewer to reproduce the quarry vehicle data capture, vehicle identification matching and compliance processes, and which coincides with the resultant incident report for any day within a period of 30 days prior to the request. The Third Party Reviewer will produce a written report of his/her conclusions as to whether the Traffic Camera System is operating as designed and whether the incident reporting is sufficient. This report will be provided to both the Township and Fowler.

If the Third Party Reviewer determines following the review that there is a deficiency in the operation of the Traffic Camera System or the incident reporting, Fowler and the Township will meet to discuss how to address the deficiency.

Fowler will reimburse the Township’s costs of the Third Party Reviewer on a time and materials basis to a maximum total amount of $5,000.00 per review.

7. Maintenance/Repairs

Fowler will maintain the Traffic Camera System in working order. In the event that the Traffic Camera System ceases to function for any reason, Fowler will install a backup camera within 48 hours.

If the Traffic Camera System is not functioning properly for twenty-four (24) hours or more, Fowler will notify the Township. Until such time as the backup camera is installed, Fowler will ensure traffic at the Quarry is monitored by one of the following methods, at its discretion:

(a) a Fowler employee;

(b) a third party security company; or

• 5 -

(c) another method satisfactory to the Township.

The Parties acknowledge and agree that the County shall have no responsibility whatsoever for the installation, maintenance, repair or monitoring of the cameras being installed under this Agreement.

The Township and Fowler hereby indemnify and save the County harmless for any and all damages, including property damage and personal injury related directly or indirectly to any breach of the terms of this Agreement by the Township or Fowler.

8. Trucker Safety Protocol

Fowler agrees to implement the Trucker Safety Protocol (“Protocol”) found at Schedule C and to provide copies of the Protocol to all independent trucking contractors attending at the Quarry as well as all employees of the Quarry. Fowler will post the Protocol on its website.

The Parties agree that the Protocol may be amended from time to time based on information derived from the infraction reports as well as input from the CLC.

9. Changes to Technology

Fowler shall have the right at its sole discretion to upgrade the Camera as technology evolves and improves, so long as any upgraded Camera meets the requirements of this Agreement.

10. Term of Agreement

Subject to section11, this Agreement shall enure for the lifetime of the Quarry.

11. Termination

This Agreement shall terminate in the following circumstances:

(a) if the Licence is surrendered or revoked, but not if the Licence is transferred to a new owner;

(b) if the intersection of Switch Road and Rama Road is reconstructed to include a northbound acceleration lane which requires a vehicle to yield rather than to stop at the intersection; or

(c) on any date mutually agreed upon by the parties in writing.

12. Notice

All notices or other communications required by this Agreement shall be in writing and delivered personally or by electronic communication to the applicable address set forth below, or as the same may be changed by any party hereto upon twenty-four (24) hours prior written notice to the other:

• 6 -

(a) Fowler:

1206 Rosewarne Drive, PO Box 630 Bracebridge, ON P1L 1T9

Attention: James Gordon Email: jgordon@fowler.ca

(b) The County:

1110 ON-26

Midhurst, ON L9X 1N6

Attention: Christian Miele

Email: Christian.Meile@simcoe.ca

(c) the Township:

2297 Highway 12

PO Box 130

Brechin, ON L0K 1B0

Attention: Jennifer Connor, CMO, AOMC Email: jconnor@ramara.ca

13. Representation and Warranty

Fowler, the County and the Township each represent and warrant that they have the full right, power and authority to enter into this Agreement.

14. Successors and Assigns

This Agreement shall be binding upon and enure to the benefit of each of the Parties hereto and their respective successors, permitted assigns and successors in title. Fowler covenants and agrees that before transferring the Licence to any person, Fowler will obtain from the transferee a fully executed Undertaking to be Bound by this Agreement.

15. Entire agreement

This Agreement, and all schedules attached hereto, constitutes the entire agreement between the parties with respect to its subject matter. There are no oral or written representations, warranties, covenants, understandings or agreements relating to the subject matter of this Agreement which are not fully expressed herein.

• 7 -

16. General

(a) This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario and each of the parties hereby irrevocably attorns to the jurisdiction of the Courts of the Province of Ontario.

(b) This Agreement may be executed in any one or more counterparts, and by email, PDF or facsimile signature each of which when delivered and so executed will be deemed to be an original and all of which together will constitute one and the same document.

(c) Time shall be of the essence of this Agreement and every part thereof.

(d) This Agreement shall be read with all changes in gender and number required by the context.

(e) No amendment or modification of this Agreement shall be effective unless executed in writing by all parties hereto.

(f) The headings contained in this Agreement are for convenience of reference only, and shall not affect the interpretation of this agreement.

(g) Nothing in this Agreement shall be construed to make the parties hereto partners or joint venturers or render either party liable for the debts and obligations of the other.

(h) Each party hereto will promptly execute and deliver such further consents, documents, agreements and assurances, and take such further actions, as the other party may from time to time reasonably require in order to more effectively carry out and give effect to the intent and purpose of this Agreement.

(i) If for any reason whatsoever any term, covenant or condition of this Agreement or the application hereof to any person, firm or corporation or circumstance is to any extent held or rendered invalid, unenforceable or illegal, then such term, covenant or condition:

(i) shall be deemed to be independent of the remainder of this Agreement and to be severable and divisible therefrom, and its invalidity, unenforceability or illegality shall not affect, impair or invalidate the remainder of this agreement or any part thereof; and

(ii) shall continue to be applicable to and enforceable to the fullest extent permitted by law against any person and circumstance other than those as to which it has been held or rendered invalid, unenforceable or illegal.

[signature pages follow]

IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above.

FOWLER CONSTRUCTION COMPANY LTD.

Per: Name:

Title:

Per: Name:

Title:

THE CORPORATION OF THE COUNTY OF SIMCOE

Per: Name:

Title:

Per: Name:

Title:

I/We have the authority to bind the corporation

THE TOWNSHIP OF RAMARA

Per: Name:

Title:

Per: Name:

Title:

I/We have the authority to bind the corporation

SCHEDULE “A”- CAMERA LOCATION

Rama and Switch Road

Intersection Investigation

Legend

Licence Boundary

County of Simcoe Easement

Date

March 2023

Sources

2018 aerial photography from County of Simcoe GIS Parcel fabric from Municipal Property Assessment Corporation

(Parts 3 & 6 of 51R-37815)

Scale - 1:2000

0

30

60

Meters

Limit of Extraction

Fleming Quarry

Additional Land Owned by Licensee

Remaining Parts of 51R-37815

N:\Brian\1515A - Fowler - Fleming Quarry Expansion Lands\Drawings\Figures\Rama and Switch Road Investigation - June 2022\CAD\1515A - Rama and Switch Road Investigation.dwg

Part of Lots 38 & 39, Broken Front Concession Geographic Township of Rama

Township of Ramara County of Simcoe

Parcel Fabric (white)

SCHEDULE “B” – CAMERA SPECIFICATIONS

3230 Switch Road

Video Based Stop-Analysis Platform

July 13, 2022

Table of Contents

System Functionality 2

Mav-Systems IQ:250 Intelligent ANPR 3

Outdoor IP All Weather Camera & DVR System 5

Solar Power Array & Batteries 5

Netgear 4G LTE Modem 6

APPENDIX A 7

APPENDIX B 8

APPENDIX C 9

System Functionality

The proposed video based stop-analysis platform will incorporate the following components:

• Ground based fixed open rack solar panel array and LiPro (lithium ion) battery to independently producing sufficient AC current year round to power cameras, storage devices and LTE modem;

• Power panel including 8 LiPro batteries rated at 240 Amp, and one DC to AC inverter;

• Fixed Mav-Systems IQ:250 Intelligent ANPR (Automatic Number Plate Recognition) camera;

• Outdoor IP all-weather security camera and DVR storage device; and

• LTE modem.

It is proposed that the ANPR and Outdoor IP camera will be mounted on a fixed pole (hollow section steel) anchored by concrete footing. The ground based solar array will be installed within close proximity to the camera pole and run current directly to a power panel via an electrical conduit. The power panel will be fixed to the pole in a small steel cabinet.

The system will function as follows. The Mav-Systems ANPR camera will detect vehicles approaching the intersection by detecting the license plate. License plate capture will include one full view image of the truck, an infrared image of the license plate, a color image of the license plate, as well as a text based representation of the license plate. The camera will be powered by 12V DC directly from the power panel, and be connected via LTE modem. The camera is capable of transmitting image and LPR data via LTE directly Spectrum servers, where the image, LPR data, and timestamp are automatically stored in a database.

3230 SWITCH ROAD 2

The outdoor IP based all-weather security camera will be running 24-7, year round, and record video onto a large DVR drive. The DVR drive and LTE modem will be powered by the AC inverter connected to the battery in the power panel. Spectrum will then extract remotely only the sections of video matching the time ranges captured from the ANPR camera to avoid large amounts of video transfer over LTE modem, and avoid personnel having to retrieve, swap and then FTP or mail in hard drives to Spectrum for analysis.

Videos will be clipped based on the time stamps produced by the ANPR camera to include the vehicle ingress, stop and egress from the stop bar position. Each video clip for each vehicle detected by the ANPR camera will be reviewed manually overseas by a third party processing firm, and classify whether the vehicle came to a full stop, rolling stop or no stop. Observations will be recorded in a text field and added to the database record. A final report for each vehicle detection will be provided in PDF format (Appendix A) including a url link to the video clip matching the report.

Mav-Systems IQ:250 Intelligent ANPR

Spectrum Traffic has successfully deployed the Mav-Systems Rapier IQ:250 camera in various license plate capture studies throughout Ontario. A product sheet for the camera is provided in Appendix B. The camera is calibrated on site to search for license plates within a fixed capture area in the field of view. The onboard processor constantly scans images searching for recognizable license plates. Once a license plate is identified, the infrared and photographic digital image of the vehicle is tagged, timestamped and transmitted via LTE modem to Spectrum's servers in JSON ( Java Script Object Notation) format. Figure 1 below shows a sample of a vehicle capture.

3230 SWITCH ROAD 3

Figure 1 - ANPR Image Capture Sample

3230 SWITCH ROAD 4

Outdoor IP All Weather Camera & DVR System

Video will be recorded at the approach via a 4K IP bullet camera mounted to the pole. The video will record at 4K Video Resolution 3840x2160 pixels at 30fps. Video will be stored onto an NVR (network video recorder). The NVR will have a storage capacity of 12TB. Videos will be rotated every 30 days after clips have been extracted via LTE modem.

Solar Power Array & Batteries

The solar power array will incorporate two Q-Cell Solar Panels rated at 480W each (Appendix C). Based on the solar radiance at the proposed site, the panels will generate a minimum 44kWh AC in December and maximum 144kWh AC in May. The estimated power consumption of the system including all components is

15-20kWh / month. The system has been intentionally oversized by a factor of 2X to prevent power loss during prolonged periods of insufficient sunlight, particularly during the winter.

The battery bank will be housed in a steel cabinet attached to the fixed camera pole. The batteries are LiPro batteries (8 cells) and provide 240 Amp-hours of energy when full charged. The batteries will be constantly charged during the day by the solar panel array, however can operate the system for approximately 7 days with no recharge.

3230 SWITCH ROAD 5

Netgear 4G LTE Modem

Communications with the camera will be via a Netgear 4G LTE modem. The modem will allow the ANPR camera to transmit image and license plate data in real time to Spectrum's servers. The specifications for the camera are listed below.

NETGEAR 4G LTE Modem with Two Gigabit Ethernet Ports – Instant Broadband Connection.

Wireless Standard Radio Frequency

Brand NETGEAR

Series NETGEAR

Item model number LB2120-100NAS

Product Dimensions 11.94 x 9.91 x 3.05 cm; 181.44 Grams

Item dimensions L x W x H 11.9 x 9.9 x 3 centimeters

Voltage 220 Volts

3230 SWITCH ROAD 6

APPENDIX A

Example Final Report

3230 SWITCH ROAD 7

S P E C T R U M T R A F F I C D A T A

Vehicle Stop Analysis Report

Switch Rd & Rama Rd, Washago ON

August 1, 2022 - 13:12:07

Entrance Time

13:11:03

Exit Time

13:12:43

Stop Type

FULL STOP

Stop delay

30 sec

License Plate

AS 57757

Notes

n/a

Video URL

http://aws.amazon.com/spt_videos/TYL221XC_2022-10-01_131207.mp4

Page 1

www.spectrumtraffic.com

APPENDIX B

Mav-Systems IQ:250 Intelligent Specification

3230 SWITCH ROAD 8

Automated License Plate Recorder OD Studies Made Easy

Overview

Spectrum is a leader in Canada in the deployment of automated license plate capture technologies. Our fleet of Mav-Systems Automated Number Plate Recognition (ANPR) cameras are versatile, mobile and cost effective. On board processing of license plate images means fast and accurate results. Spectrum has developed several applications using ANPR data including origin-destination studies, retail market studies as well as travel time studies.

On Board Processing

The Mav-Systems IQ:250 ANPR camera features on board processing, making it our most effective automated license plate solution to date. The proprietary analytics engine has been calibrated specifically for use in Ontario maximizing the read rate from 70% up to 90% passing volume.

Mobile Platform

Spectrum's ANPR solution can be rapidly deployed by the roadside using our fixed pole or tripod mount platforms without the need for external power.

Dual Camera Mode

The advanced dual mode infrared and ccd colour camera offers HD image quality captures, motorized zoom (3m up to 50m) and up to 8m lane width plate detection.

Plate Matching

Spectrum offers advanced automated plate matching through Spectrum AC. This makes the task of developing origin-destination matrices seamless.

LTE Connectivity

Each IQ:250 camera can be fitted with an optional mobile LTE modem allowing realtime monitoring. The LTE modem provides connectivity to the Mav-Systems web based interface, allowing our team to login from anywhere, anytime.

APPENDIX C

Q-Cell 480 W Panel Specification

3230 SWITCH ROAD 9

Q.PEAK DUO L-G8.3

415-430

ENDURING HIGH PERFORMANCE

MOD:27898 photon.info/laboratory

Q.PRO-G2 235

Best polycrystalline solar module 2014

YIELD SECURITY

174 modules tested

Q.ANTUM TECHNOLOGY: LOW LEVELISED COST OF ELECTRICITY

Higher yield per surface area, lower BOS costs, higher power classes, and an efficiency rate of up to 20.3 %.

INNOVATIVE ALL-WEATHER TECHNOLOGY

Optimal yields, whatever the weather with excellent low-light and temperature behaviour.

ENDURING HIGH PERFORMANCE

Long-term yield security with Anti LID Technology, Anti PID Technology1, Hot-Spot Protect and Traceable Quality Tra.Q™.

EXTREME WEATHER RATING

High-tech aluminium alloy frame, certified for high snow (5400 Pa) and wind loads (2400 Pa).

A RELIABLE INVESTMENT

Inclusive 12-year product warranty and 25-year linear performance warranty2.

STATE OF THE ART MODULE TECHNOLOGY

Q.ANTUM DUO combines cutting edge cell separation

and innovative 12-busbar design with Q.ANTUM Technology.

1APT test conditions according to IEC/TS 62804-1:2015, method B (−1500 V, 168 h)

2See data sheet on rear for further information.

THE IDEAL SOLUTION FOR:

Rooftop arrays on commercial / industrial buildings

Ground-mounted solar power plants

Format 81.9 in × 40.6 in × 1.38 in (including frame) (2080 mm × 1030 mm × 35 mm)

Weight 54.0 lbs (24.5 kg)

MECHANICAL SPECIFICATION

Front Cover 0.13 in (3.2 mm) thermally pre-stressed glass with anti-reflection technology

Back Cover Composite film

Frame Anodized aluminum

Cell 6 × 24 monocrystalline Q.ANTUM solar half cells

Junction Box 2.09-3.98 in × 1.26-2.36 in × 0.59-0.71 in

(53-101 mm × 32-60 mm × 15-18 mm), IP67, with bypass diodes

Cable 4 mm² Solar cable; (+) ≥ 55.1 in (1400 mm), (−) ≥ 55.1 in (1400 mm)

Connector Stäubli MC4-Evo2, Hanwha Q CELLS HQC4, Amphenol UTX, Renhe 05-8, JMTHY JM601A; Tongling Cable01S-F, IP68 or Friends PV2e; IP67

1.38" (35 mm)

DETAIL A 1.0" (25.5 mm)

0.63" (16 mm)

0.33" (8.5 mm)

DETAIL B 0.98" (25 mm)

0.39" (10 mm)

0.28" (7 mm)

ELECTRICAL CHARACTERISTICS

MINIMUM PERFORMANCE AT STANDARD TEST CONDITIONS, STC1 (POWER TOLERANCE +5 W / −0 W)

Power at MPP1

PMPP

[W]

415

420

425

430

m

Short Circuit Current1

ISC

[A]

10.69

10.74

10.78

10.83

mu

Open Circuit Voltage1

VOC

[V]

48.59

48.84

49.09

49.33

ini

Current at MPP

IMPP

[A]

10.18

10.22

10.27

10.31

Voltage at MPP

VMPP

[V]

40.77

41.08

41.39

41.70

Efficiency1

≥ 19.4

≥ 19.6

≥ 19.8

≥ 20.1

MINIMUM PERFORMANCE AT NORMAL OPERATING CONDITIONS, NMOT2

Power at MPP

PMPP

[W]

310.8

314.5

318.3

322.0

um

Short Circuit Current

ISC

[A]

8.61

8.65

8.69

8.72

nim

Open Circuit Voltage

VOC

[V]

45.82

46.05

46.29

46.52

Mi

Current at MPP

IMPP

[A]

8.01

8.05

8.08

8.12

Voltage at MPP

VMPP

[V]

38.79

39.09

39.38

39.67

¹Measurement tolerances PMPP ± 3 %; ISC; VOC ± 5 % at STC: 1000 W/m², 25 ± 2 °C, AM 1.5 according to IEC 60904-3 • ²800 W/m², NMOT, spectrum AM 1.5

100

98

95

90

85

80

75

0

5 10

15 20

At least 98 % of nominal power during first year. Thereafter max. 0.54 % degradation per year. At least 93.1 % of nominal power up to 10 years. At least 85 % of nominal power up to

25 years.

All data within measurement toleranc- es. Full warranties in accordance with the warranty terms of the Q CELLS sales organisation of your respective

25 country.

110

100

90

80

200 400 600 800 1000

IRRADIANCE [W/m²]

*Standard terms of guarantee for the 10 PV companies

with the highest production capacity in 2014 (as at: September 2014)

YEARS

Typical module performance under low irradiance conditions in comparison to STC conditions (25 °C, 1000 W/m²)

Max. Test Load, Push / Pull3

3See Installation Manual

[lbs / ft2] 113 (5400 Pa) / 50 (2400 Pa)

on Continuous Duty

(−40 °C up to +85 °C)

QUALIFICATIONS AND CERTIFICATES PACKAGING INFORMATION

UL 1703, CE-compliant, IEC 61215:2016, IEC 61730:2016,

Application Class II, U.S. Patent No

Number of Modules per Pallet 29

(254141)

Pallet Weight

1687 lbs (765 kg)

Note: Installation instructions must be followed. See the installation and operating manual or contact our technical service department for further information on approved installation and use of this product.

Hanwha Q CELLS America Inc.

400 Spectrum Center Drive, Suite 1400, Irvine, CA 92618, USA | TEL +1 949 748 59 96 | EMAIL inquiry@us.q-cells.com | WEB www.q-cells.us

SCHEDULE “C” – TRUCKER SAFETY PROTOCOL

Attention: Freight Vendors, Customers & Fowler Employees Subject: Fleming Quarry – Trucker Safety Protocol

Please remember to have respect and courtesy for the community when picking up products at Fowler Construction Company Ltd.’s (“Fowler”) Fleming Quarry (the “Fleming Quarry”).

All drivers are reminded that the surrounding roads are used by cyclists, pedestrians and school bus routes and caution should be taken at all times. Fowler takes trucking safety very seriously and the community has identified ongoing concerns with traffic from our Fleming Quarry operation. This includes independent haulers and our own employees. The primary concerns identified relate to:

• Failure to make a complete stop at the intersection of Switch Road and Rama Road;

• Failure to utilize the identified haul route for the Fleming Quarry;

• Failure to tarp loads leaving the Fleming Quarry; and

• Arriving prior to the Fleming Quarry opening and idling in the surrounding community.

These actions are unacceptable to the company and will not be tolerated. As a result, Fowler has developed the following Trucker Safety Protocol which will take effect immediately. Failure to comply will result in disciplinary action and suspension from the site in accordance with the below provisions.

Fleming Quarry Site rules:

• All vehicles accessing the Fleming Quarry are to obey all aspects of the Highway Traffic Act,

including posted speeds and traffic signs;

• Specifically, all cars and trucks leaving the Fleming Quarry must stop at the stop sign at the intersection of Switch Road and Rama Road. Fowler will be installing a camera at this intersection, subject to permission from the County of Simcoe. The camera will be capable of recording licence plates and confirming whether the truck/vehicle completed a full stop. Incident reports will be prepared daily;

• Aggregate trucks entering and exiting the site must follow the designated haul route. The haul route to the Fleming Quarry follows Simcoe County Road 169 to Rama Road to Switch Road. The haul route leaving the Fleming Quarry follows Switch Road to Rama Road to Simcoe County Road 169. All haul trucks are required to use this route unless they are making a local delivery. Please see the attached map to provide more clarity. Fowler will be installing a new camera at its entrance/exit that is capable of recording licence plates and confirming whether the truck followed the approved haul route, except for those making local deliveries and an incident report will be prepared daily;

1206 Rosewarne Drive, P.O. Box 630, Bracebridge, Ontario, P1L 1T9

Phone: (800) 268-7687 www.fowler.ca Fax: (705) 645-5025

• All loaded aggregate trucks must cover their loads before leaving the Fleming Quarry. This will be enforced by our scale house staff and trucks will not be permitted to leave the site until their load has been tarped;

• Shipping from the Fleming Quarry starts at 6 a.m. Monday to Saturday. Under no circumstances should trucks arrive at the site before 6 a.m. Trucks are not permitted to park on Rama Road, Switch Road or other surrounding roads at any time, especially prior to the site opening each morning. Fowler staff that open the Fleming Quarry each morning will record licence plates of trucks found parking on surrounding roads prior to 6 a.m.

Recording and Disciplinary Actions:

Fowler has assigned staff member(s) responsible for reviewing the daily camera reports and implementation of the following disciplinary actions.

During the operating season, Fowler shall provide monthly reports on infractions and disciplinary action taken to the Township of Ramara. The County shall be entitled to copies of any reports that are produced regarding the use of the camera, if requested.

The Trucker Safety Protocol, infraction and disciplinary reports shall be reviewed with the Community Liaison Committee (“CLC”).

The Trucker Safety Protocol shall be updated as required based on the infraction reports and input from the Community Liaison Committee.

The following disciplinary actions will be taken for independent contractors who fail to obey the above noted site rules:

• First infraction: written warning identifying the observed infraction;

• Second infraction: one week suspension from the Fleming Quarry; and

• Third and any subsequent infraction(s): one year suspension from the Fleming Quarry.

Fowler employees who fail to observe traffic laws at the intersection of Switch Road and Rama Road will be subject to Fowler’s Progressive Discipline Policy. At a minimum, and based on the employee’s compliance record, discipline will progress from a written warning, followed by a suspension and ultimately this may lead to termination of employment.

The above Trucker Safety Protocol has been prepared for the benefit and safety of haulers, employees and the community.

A copy of this Trucker Safety Protocol shall be posted on our website at https://www.fowler.ca/fleming- quarry/

The Haul Route is highlighted in blue:

SCHEDULE “B”

THE CORPORATION OF THE TOWNSHIP OF RAMARA

BEING A BY-LAW TO AMEND ZONING BY-LAW #2005.85

(7723 RAMA ROAD)

WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, provides for the enactment of zoning by-laws and amendments thereto;

AND WHEREAS Bylaw 2005.85 for the Township of Ramara is amended as it relates to Part of Lot 40, Concession Broken Front, Geographic Township of Rama, Township of Ramara, known as 7723 Rama Road;

AND WHEREAS the provisions of this By-law conform to the Ramara Official Plan;

NOW THEREFORE the By-law is enacted as follows:

1. THAT Schedule “A”, Maps C4 and C5 of Zoning Bylaw 2005.85 is hereby further amended by rezoning from “Rural (RU)” to “Mineral Aggregate Extraction Exception 12 (MAE-12)” of this Bylaw.

2. THAT That Section 19.(3) Special Provisions is amended by adding the following subsection:

“MAE-12 (Maps C4 and C5)

Notwithstanding subsection (1), an asphalt plant, concrete plant and aggregate transfer station are not permitted as uses ancillary to a Licenced Pit or Licenced Quarry in the MAE-12 zone.

All other relevant provisions of this Bylaw shall apply.”

3. THAT Schedule "A", Map C4 and C5 attached hereto, does and shall form part of this By-law.

4. THAT this Bylaw shall come into force and take effect on the date the Ontario Land Tribunal issues its final order for Case No. OLT-22-002101, subject to the provisions of Section 34 of the Planning Act, as amended.

SCHEDULE “C”

AMENDMENT NO. XX

TO THE

OFFICIAL PLAN OF

THE TOWNSHIP OF RAMARA

AMENDMENT NO. XX TO THE OFFICIAL PLAN OF

TOWNSHIP OF RAMARA

PART A – THE PREAMBLE

1. Purpose of the Amendment

The purpose of this Amendment is to change the land use designation shown on Schedule “A” attached, from “Rural” to “Mineral Aggregate Extraction Area” to permit the licensing of a quarry.

2. Location

The Amendment is specific to the lands located in Part of Lot 40, Concession Broken Front, Geographic Township of Rama, Township of Ramara, known as 7723 Rama Road.

3. Basis of the Amendment

The Official Plan of the Township of Ramara currently designates the subject land as “Rural”. The applicant has made an application to amend the Official Plan to permit the licensing of the subject land as a quarry under the Aggregate Resources Act. There is a companion amendment to the Ramara Zoning Bylaw 2005.85. Only those lands that are proposed to be licensed are designated as “Mineral Aggregate Extraction Area”. The area subject to this Amendment is 8.7 hectares (21.5 acres). The subject property has 280 metres of frontage along Rama Road.

PART B – THE AMENDMENT

All of the Amendment entitled PART B – THE AMENDMENT consisting of the attached text and the schedule constitute Amendment No. XX to the Official Plan of the Township of Ramara.

1. Schedule “A” entitled Land Use Plan is hereby amended by designating approximately 8.7 hectares (21.5 acres) located in Part of Lot 40, Concession Broken Front, Geographic Township of Rama, Township of Ramara as “Mineral Aggregate Extraction Area” instead of “Rural”, as shown on Schedule “A” attached hereto.

2. Amendment No. XX shall be implemented by means of a Zoning Bylaw Amendment enacted pursuant to the provisions of Section 34 of the Planning Act.

3. The provisions of the Official Plan of the Township of Ramara, as amended, shall apply in regard to the interpretation of this Amendment.

PART C – THE APPENDIX

The following appendices do not constitute part of Amendment No. XX, but are included as information supporting the Amendment.

1. MHBC letter to Township Staff requesting Pre-consultation meeting dated March 13, 2017.

2. Township Pre-consultation meeting summary dated April 6, 2017.

3. County of Simcoe Pre-consultation meeting comments dated July 4, 2017.

4. MHBC letter and correspondence to County of Simcoe regarding Pre-consultation comments dated August 2017.

5. MHBC letter to County of Simcoe regarding County Official Plan Significant Woodland policies dated October 16, 2017.

6. Planning Report prepared by MHBC dated ____, 2017.

7. Water Resources Report prepared by Golder Associates Ltd. dated _____, 2017.

8. Natural Environment Report prepared by Riverstone Environmental Solutions Inc. dated ________, 2017.

9. Archaeological Assessment prepared by Golder Associates Ltd. dated _______, 2017.

10. Noise Impact Analysis prepared by Valcoustics Canada Inc. dated _______, 2017.

11. Blasting Impact Analysis prepared by Explotech Engineering Ltd. dated _________, 2017.

12. Traffic Study prepared by TMIG dated ________, 2017.

13. D4 Landfill Impact Assessment prepared by Terraprobe Inc. dated _______, 2017.

14. Aggregate Resources Act Site Plans for the existing quarry prepared by MHBC dated ___________, 2017.

15. Aggregate Resources Act Site Plans for the proposed extension prepared by MHBC dated __________, 2017.

SCHEDULE “D”