Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 25, 2023

CASE NO(S).: OLT-22-004216

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

Applicant/Appellant: CSG Limited Partnership

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

Description: To permit the development of two large industrial buildings comprising warehouse space and ancillary offices

Reference Number: ZBA1-22-KD

Property Address: 282A County Highway No. 5 Hwy

Municipality/UT: Brant/Brant

OLT Case No.: OLT-22-004216

OLT Lead Case No.: OLT-22-004216

OLT Case Name: CSG Limited Partnership v. Brant (County)

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: CSG Limited Partnership

Subject: Site Plan

Reference Number: SP3-22-DN

Property Address: 282A County Highway No. 5 Hwy

Municipality/UT: Brant/Brant

OLT Case No.: OLT-22-004217

OLT Lead Case No.: OLT-22-004216

Heard: August 8, 2023 by Video Hearing

APPEARANCES

Parties	Counsel
CSG Limited Partnership Applicant/Appellant	N. Smith J. De Marinis
Stremma (St. George) GP Inc.	G. O’Brien M. Flowers (in absentia)
County of Brant	R. Welchman J. Zuidema (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON AUGUST 8, 2023 AND ORDER OF THE TRIBUNAL

1The Tribunal convened a Settlement Hearing to consider the appeals of a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act (“Act”) and Site Plan (“SP”) approval pursuant to s. 41(12) of the Act due to the failure of the County of Brant to make a decision within the statutory time frames for the property municipally addressed as 282A County Highway No. 5, County of Brant (“Subject Property”).

2The Subject Property is located within the St. George Primary Settlement Area and to the south of County Highway No. 5. The property is generally rectangular in shape with a total area of approximately 36 hectares (“ha”), and just over 20 metres (“m”) of frontage on County Highway No. 5. The lands are presently cultivated for agricultural use and contain wooded areas, watercourses, associated floodplains and wetland areas located both on and adjacent to the Subject Property.

3The abutting residential parcels along County Highway No. 5 have direct access onto Highway 5 with rear yard amenity spaces backing onto the Subject Property. The industrial area immediately to the east includes a variety of industrial uses fronting onto local municipal roads on partial services. The adjoining vacant agricultural land abutting the Subject Property forms part of the larger employment area that is planned within St. George with no active development applications underway at this time.

PARTY AND PARTICIPANT STATUS

4Two Case Management Conferences (“CMCs”) were convened where Stremma (St. George) GP Inc. (“Stremma”) was granted Party status with respect to both of the CSG Limited Partnership (“CSG”) appeals.

5At the CMCs, the following persons were granted Participant Status for the CSG appeals:

(a) Karen Downey

(b) Howard K. Hussey

(c) Howard R. Hussey Sr.

(d) Andrea Bazzard

(e) Laurie Muche

(f) Michael Laman

(g) John Heymans

(h) Cherilyn and Grant MacDonald

(i) Eleanor Durnford

(j) Raymond Brian Archer

(k) Douglas and Barb Parker

(l) Betty-Lou and David Warmington

(m) Don Tilma, Greg Oldham, Frank Salamone and Jim Muche (jointly)

6There were no other requests for Participant or Party Status received or considered.

MOTION BROUGHT BY THE COUNTY OF BRANT

7The County served and filed a Notice of Motion which was considered at the CMCs which sought “a determination by the Tribunal that it will not schedule hearings on the merits of the appeals in OLT Lead Case Nos. OLT-22-004216 and OLT-22-004258, while County Interim Control By-law 88-22 continues to be in effect.”

8The Tribunal considered the submissions and ordered that the motion to not schedule hearings on the merits of the CSG Appeals and the Stremma Appeals while Interim Control By-law No. 88-22 continues to be in effect was denied.

9The Tribunal scheduled an eight-day merit hearing to commence on August 8, 2023.

PROPOSED SETTLEMENT

10Prior to the commencement of the scheduled merit hearing, Counsel for CSG Limited Partnership (“CSG”) and Counsel for the County of Brant (“County”) advised the Tribunal that their clients had reached a proposed settlement.

11Correspondence was filed with the Tribunal by Counsel for Stremma (St. George) GP Inc. (“Stremma”) confirming that the proposed settlement would not be contested by their client.

12The Parties jointly requested that the scheduled merit hearing be converted to a one-day settlement hearing to be convened on August 8, 2023. This request was administratively granted by the Tribunal.

13The proposed settlement requests approval of a ZBA to permit a Light Industrial (M2) Zone including a specialized parking ratio, two phases of Holding provisions, the introduction of a Natural Heritage (NH) Zone and conditional Site Plan Approval for Phase 1.

14The proposed settlement includes a Phase 1 building for warehousing and logistic uses with an ancillary administrative office. Phase 1 comprises a total building Gross Floor Area (“GFA”) of approximately 60,957 square metres (“m²”). The intended use of the Subject Property is characterized as “dry industrial”. Municipal water will be extended to serve the building. A private sewage disposal system will be provided.

LEGISLATIVE TESTS

15The Tribunal, in carrying out its responsibilities, shall have regard to matters of Provincial interest as set out in s. 2 of the Planning Act.

16A decision of the Tribunal in respect of any authority that affects a planning matter, shall be consistent with the Provincial Policy Statement, 2020 (“PPS”) and shall conform with or shall not conflict with the Growth Plan for the Greater Golden Horseshoe, 2020 (“GP”) as set out in s. 3(5) of the Act.

17Any decision of the Tribunal shall be made pursuant to s. 24(1) of the Act, in that where an Official Plan (“OP”) is in effect, no by-law shall be passed for any purpose that does not conform therewith.

EVIDENCE

18The Tribunal qualified James Webb to provide expert opinion evidence in the discipline of land use planning with respect to the proposed ZBA and conditional Site Plan Approval requested within the proposed settlement. Mr. Webb, in providing his evidence, referenced the Joint Document Book entered as Exhibit 1.

19Mr. Webb advised the Tribunal that the applications underwent a series of consultations including early public consultation through a virtual Public Meeting on February 1, 2022. Further consultation occurred at an in-person Open House on April 28, 2022. Mr. Webb advised that he had reviewed the Participant Statements filed with the Tribunal, and that his review of these Participant Statements and input from the public consultations were considered by him in forming his planning opinion.

Matters of Provincial Interest, Planning Act (“Act”)

20Mr. Webb advised that he reviewed s. 2 of the Act for the purpose of having regard for the relevant matters of Provincial interest in reviewing the applications. In particular, Mr. Webb identified s. (a) the protection of ecological systems, including natural areas, features and functions, (f) the adequate provision and efficient use of transportation, sewage, and water services, (m) the protection of the financial and economic well-being of the province and its municipalities, (o) the resolution of planning conflicts involving public and private interests, and (q) the appropriate location of growth and development. Mr. Webb provided his opinion that the ZBA and conditional SP Approval requested by the proposed settlement, have had sufficient regard to the matters of Provincial interest.

Provincial Policy Statement (“PPS”)

21Mr. Webb reviewed his analysis related to the consistency of the requested ZBA and conditional SP Approval with the PPS. Mr. Webb provided his opinion that the proposal is consistent with the Settlement Area Policies of s. 1.1.3 of the PPS, as the property is within a designated settlement area which is the intended location to focus growth and development. Mr. Webb explained that the proposed employment uses will maintain the pattern for a mix of land uses within the settlement area that is appropriate for, and efficiently uses the available and planned infrastructure and public service facilities. Mr. Webb emphasized that as stated by PPS s. 1.6.2, planning authorities are to promote green infrastructure to complement traditional infrastructure. Mr. Webb advised that the proposed development implements a range of innovative design measures for elements including stormwater management, use of low impact development initiatives, and the delineation and protection of existing natural heritage features and systems all of which are included as defined forms of green infrastructure. Mr. Webb advised the Tribunal that consistent with the Natural Heritage Policies of Section 2.1, the appropriate environmental studies have been completed in consultation with the Grand River Conservation Authority and County staff. Mr. Webb concluded that the ZBA and conditional SP Approval, as requested by the proposed settlement, are in his opinion, consistent with the PPS.

Growth Plan for the Greater Golden Horseshoe (“GP”)

22Mr. Webb reviewed his analysis of the conformity of the planning instruments requested by the proposed settlement with the GP. Mr. Webb stated that in accordance with s. 2.2.1, the Subject Property is within a designated settlement area with municipal services in place and planned to accommodate the development. He opined that the proposal conforms with s. 2.2.5 Policy for Employment Areas, in that it will implement employment uses including warehousing and accessory offices. Mr. Webb provided his opinion that the requested ZBA and conditional Site Plan Approval are in conformity with the Growth Plan.

County of Brant Official Plan (“OP”)

23Mr. Webb noted that the Subject Property is located within the St. George Primary Urban Settlement Area Boundary, and is designated as Employment by Schedule A-2 Land Use Plan for St. George and Natural Heritage designations on Schedule C-2 in the OP.

24Mr. Webb indicated that the Subject Property is designated Greenfield Area with a minimum density target of 40 residents and jobs combined per ha. Mr. Webb advised that the anticipated density is in the range of 42 jobs per ha which is marginally above this minimum density target.

25Mr. Webb pointed out the potential for compatibility issues with adjoining sensitive land uses associated with the large volume of truck traffic proposed. He advised that supporting studies to address the potential for adverse effects such as noise, vibration, lighting, and visual impacts in accordance with the OP policies and the MOECP land use compatibility guidelines have been completed and demonstrated, that the planned development will not create incompatibilities with the adjacent residential land uses.

26Mr. Webb explained that the Subject Property is subject to Site Specific Policy Area 22 (“SSPA-22”) which recognizes the opportunity to develop dry industrial uses on partial services. Mr. Webb provided his opinion that the proposal meets the intent as a dry industrial use, as the principal source of wastewater is related to domestic purposes and minimal wastewater is produced from industrial processing, washing, cooling or other purposes.

27Mr. Webb provided his opinion that the ZBA and conditional SP Approval requested by the proposed settlement conform to the County of Brant OP.

County of Brant Zoning By-law (“ZBL”)

28Mr. Webb indicated that he had regard for the policies of the OP therefore, the Light Industrial (M2) and Natural Heritage (NH) Zones are appropriate for the Subject Property as requested by the proposed settlement.

29Mr. Webb stated that the proposed development of the property for warehouse buildings, surface parking, truck parking, truck staging areas, and landscaped areas comply with the regulations of the M2 Zone, with the exception of on-site parking. He provided his opinion that the ZBA includes a site-specific parking ratio which aligns with best practices and avoids a significant oversupply of parking based on the operational needs of the proposed warehouse use.

30Mr. Webb outlined the proposed two Holding Provisions identifying specific conditions required to implement a phased approach to site development. He explained that the requirements to be satisfied prior to the lifting of the Holding for development, includes final Site Plan Approval, construction and transfer of a future municipal street, infrastructure requirements and confirmation of appropriate servicing.

31Mr. Webb indicated that the ZBA implements planned employment uses within the boundaries of a settlement area where partial services are available. He advised that the ZBA implements dry industrial uses suitable to the available and planned services, and has had appropriate regard for the adjoining uses to ensure sensitive land uses are protected. Mr. Webb provided his opinion that the ZBA requested by the proposed settlement meets all the required tests and represents good land use planning.

32Mr. Webb stated that the SP and conditions will provide for the appropriate and orderly development of the property, implement detailed matters of land use compatibility, infrastructure, landscaping, traffic improvements, and protect the natural environment. Mr. Webb provided his opinion that the conditional SP approval requested by the proposed settlement meets all the required tests and represents good land use planning.

33Mr. Webb provided his concluding land use planning opinion that the ZBA and conditional SP as requested by the proposed settlement,

• Have had appropriate regard for the applicable matters of provincial interest under Section 2 of the Planning Act,
• Are consistent with the Provincial Policy Statement,
• Conform to the Growth Plan for the Greater Golden Horseshoe; Are in conformity with the County of Brant Official Plan, and,
• Represent good land planning.

TRIBUNAL FINDINGS

34The Tribunal accepts the uncontested planning opinion evidence of James Webb in its entirety and finds that the ZBA and conditional SP Approval (included as Attachment 1) implementing the proposed settlement, meets all relevant tests of s. 2 of the Act, the Provincial Policy Statement, the Growth Plan, are in conformity with the OP, represent good planning, and are in the public interest.

35The authority to lift the Holding provisions upon satisfaction of the conditions, remains with the County of Brant and similarly the final Site Plan Approval upon satisfaction of the conditions, remains with the County of Brant. If any difficulties implementing the conditions arise, the Tribunal may be spoken to.

36The Tribunal finds that the ZBA and conditional SP Approval, included as Attachment 1, satisfies the required legislative tests, and are approved with reasons that include the following:

a. The proposed Light Industrial and Natural Heritage Zones implement the land use designations and policies of the County of Brant OP,

b. The Holding Zone provisions will ensure that the development will proceed in an orderly phased manner with respect to transportation, natural heritage, stormwater management and adequate servicing.

c. The SP conditions will ensure the implementation of compatible development related to environmental, noise, and transportation considerations.

ORDER

37THE TRIBUNAL ORDERS that,

1. The Appeal is allowed in part, and By-law No. 61-16 of the County of Brant is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the County of Brant to assign a number to this by-law for record keeping purposes,

2. The Site Plan prepared by JRI Architects dated May 12, 2023, is approved subject to the conditions set out in Attachment 1 to this Order.

“astrid J. Clos”

Astrid J. CLOS

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

Ontario Land Tribunal OLT-22-004216 Decision Issued on August 8, 2023 Order Issued on August 25, 2023

BY-LAW NUMBER xxx-23 –

• of -

THE CORPORATION OF THE COUNTY OF BRANT

To amend By-Law Number 61-16, the Zoning By-Law for the County of Brant, as amended, Corporation of the County of Brant, 282A Highway #5, South Dumfries, County of Brant.

WHEREAS Zoning By-Law Amendment Application ZBA1-22-KD from WEBB Planning Consultants, Agent on behalf of CSG Property Inc., Applicant/ Owner of SOUTH DUMFRIES CONCESSION 2 PART LOT 11 REGISTERED PLAN 2R7162 PART OF PART 1 REGISTERED PLAN 2R7600 PARTS 4 AND 5, County of Brant, in the geographic Township of South Dumfries, located at 282A Highway #5 proposing to change the zoning on the subject lands as follows:

1. ‘Agriculture (A)’ to ‘Light Industrial (M2) - Special Exemption (M2-xx)’ with a site specific provision to permit a modified parking ratio for the warehouse use of 1 space per 160 square metres to implement the current County of Brant Official Plan Employment Lands Designation, as identified on the ‘Schedule A’ Zoning Map;
2. ‘Agriculture (A)’ to ‘Natural Heritage (NH)’ to implement the findings and recommendations of the Environmental Impact Study, as identified on the ‘Schedule A’ Zoning Map;
3. That a ‘Holding Provision (h-xx1)’ be applied to the western portion of the subject lands as identified on the ‘Schedule A’ Zoning Map, subject to condition(s) included to facilitate orderly, phased development; and
4. That a ‘Holding Provision (h-xx2)’ be applied to the eastern portion of the subject lands as identified on the ‘Schedule A’ Zoning Map, subject to condition(s) included to facilitate orderly, phased development.

AND WHEREAS the Planning Act empowers a municipality to pass By-Laws prohibiting the use of land and the erection, location and use of buildings or structures, except as set out in the By- Law;

AND WHEREAS this By-Law is in conformity with the Official Plan for the County of Brant

(2012);

AND WHEREAS the Planning and Development Committee of the Corporation of the County of Brant has recommended approval of this By-Law;

AND WHEREAS the Council of the Corporation of the County of Brant deems it to be desirable for the future development and use of the lands described above;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF

BRANT HEREBY ENACTS as follows:

1. THAT Schedule ‘A’ of By-Law Number 61-16, is hereby amended by changing portion of the subject lands from ‘Agriculture (A)’ to ‘Light Industrial (M2) - Special Exemption (M2-xx)’ with a site specific provision to permit a modified parking ratio for the warehouse use of 1 space per 160 square metres,

2. THAT Schedule ‘A’ of By-Law Number 61-16, is hereby amended by changing portion of the subject lands from ‘Agriculture (A)’ to ‘Natural Heritage (NH)’

3. THAT Schedule ‘A’ of By-Law Number 61-16, is hereby amended by applying a ‘Holding Provision (h-xx1)’ be applied to the western portion of the subject lands as identified on the ‘Schedule A’ Zoning Map, subject to the following condition(s) included to facilitate orderly, phased development:

a. That development of the Subject Lands be subject to Site Plan Control Approval to the satisfaction of the County of Brant.

b. That the development includes the conveyance of a future north/south municipal road connection extending from Highway #5 to the south limits of the proposed development in accordance with the County of Brant Master Transportation Plan, accepted Traffic Impact Study, and any other supporting documents available. The southerly extent of the municipal road construction to be illustrated on the approved Site Plan.

c. That the development includes the construction and conveyance of the future stormwater management facility, and protected woodlands.

d. That any external road improvements associated with the proposed development, identified as recommendations within the accepted Traffic Impact Study be completed to the satisfaction of the County of Brant.

e. That development of the Subject Lands demonstrates the availability of existing and/or planned infrastructure and services such as: established legal storm outlet, extension of partial services (water only) and accommodation of private sanitary system to the satisfaction of the County of Brant.

4. THAT Schedule ‘A’ of By-Law Number 61-16, is hereby amended by applying a ‘Holding Provision (h-xx2)’ be applied to the eastern portion of the subject lands as identified on the ‘Schedule A’ Zoning Map, subject to the following condition(s) included to facilitate orderly, phased development:

a. That development of the Subject Lands be subject to Site Plan Control Approval to the satisfaction of the County of Brant.

b. That the development demonstrates the ability to establish a future secondary road connection to the existing industrial subdivision to the east and further extension of the north/south municipal road, as required, in accordance with the County of Brant Master Transportation Plan, accepted Traffic Impact Study and any other supporting documents available.

c. That any external road improvements associated with the proposed development, identified as recommendations within the accepted Traffic Impact Study be completed to the satisfaction of the County of Brant.

d. That the development of the Subject Lands demonstrates an ability to provide an appropriate level of servicing based on existing and/or planned infrastructure to the satisfaction of the County of Brant.

e. That the uses permitted on these lands are subject to this holding provision include existing uses, conservation and uses associated with providing private sanitary and stormwater services.

Ontario Land Tribunal OLT-22-004216 OLT-22-004217 Decision Issued on August 8, 2023 Order Issued on August 25, 2023

RE: Conditional Approval of Site Plan Application – SP3-22-KD 282A Highway #5. St. George, County of Brant CSG Property Limited Partnership (“Owner”)

Site Plan Application SP3-22-KD proposing development on the subject lands municipally known as 282A Highway #5. St. George, County of Brant, has been received and considered by The Corporation of the County of Brant (“County”) Development Services Department.

The proposed development consists of one (1) industrial warehouse building with a total gross floor area of 60,957 square metres including 3,047 square metres of office space, 399 surface parking spaces, 16 barrier free parking spaces, 130 loading spaces and 165 trailer parking spaces.

Site Plan Application SP3-22-KD is conditionally approved by the Director of Planning on DATE as outlined on Site Plan Drawing SP101, Revision 8, May 12, 2023. This conditional approval is based on the circulation and preliminary review by the County of Brant and external commenting agencies of the completed ‘Site Plan Control Documents’ outlined in Section A, subject to any changes / modifications or revisions required in order to satisfy and/or implement the conditions of approval and registration of the Development Agreement pursuant to Section 41 the Planning Act, R.S.O. 1990, c.P.13. as listed in Section C below.

Section A – Site Plan Control Documents

The ‘Site Plan Control Documents’ consist of the various technical drawings, studies and reports requested by the County of Brant as part of the required Pre-Consultation meeting. Additional information, drawings, studies and reports may be required to be provided in support of the technical review prior to granting final Site Plan Approval.

The ‘Site Plan Control Documents’ consist of the following:

1. Application for Zoning By-law Amendment
2. Application for Site Plan Approval;
3. Planning Justification Report, prepared by WEBB Planning Consultants;
4. Site Plan, prepared by JRI Architects;
5. Elevation & Rendering drawings, prepared by JRI Architects;
6. Revised Site Plan (May 12, 2023)
7. Fire Route & Signage (refer to Site Plan);
8. Landscape Plan, prepared by MSLA Associates;
9. Noise Study, completed by Aercoustics;
10. Environmental Impact Study, completed by Dougan & Associates;
11. Addendum to the Environmental Impact Study(May 31, 2022)
12. Geomorphological Assessment, prepared by Geoprocess Research Associates;
13. Functional Servicing Report, prepared by Meritach Engineers;
14. Stormwater Management Report, prepared by Meritech Engineers;
15. Servicing, Lot Grading & Drainage, Erosion & Sed Control Plans – refer to FSR;
16. Construction Management Plan, prepared by Meritach Engineers;
17. Transportation Impact Study, prepared by JD Engineering;
18. Addendum to the Transportation Impact Study (June 1, 2022)
19. Parking Analysis – refer to TIS;
20. Truck Turning Plan - refer to TIS;
21. Geotechnical Study, prepared by GHD Limited;
22. Hydrogeological Study, prepared by GHD Limited (submitted under separate cover);
23. Archaeological Assessment, Lincoln Environmental Consulting Corp
24. Photometric Plan, prepared by Lapas Consulting Engineers;
25. Legal Survey, prepared by Speight Van Nostrand & Gibson Limited.
26. Compatibility Mitigation Study, completed by Aercoustics;

The ‘Site Plan Control Documents’ documents listed above may require further revisions and/or additions to satisfy the conditions of approval as outlined in ‘Section C’.

A list of the final, County accepted and approved ‘Site Plan Control Documents’ will be included on a schedule within the Development Agreement to be registered on title following the granting of final Site Plan Approval.

Section B – Site Alteration & Without Cost and Free of Encumbrances/Easements

If necessary, prior to final site plan approval and the commencement of any tree removal, grubbing, grading and/or importing of fill on the site or exporting of fill off the site, the Owner agrees to:

1. Obtain the Planning approvals necessary in order to permit the proposed land use.
2. Obtain a Site Alteration Permit as per the requirements of By-Law #82-22, as amended.
3. Consent to and/or convey any required easements, road widening, daylight triangles, etc. identified to the County, Ministry or Public Utility without cost and free of encumbrance.

Section C – Section 41 Conditions of Site Plan Approval

Prior to final Site Plan Approval for the proposed development, the Owner agrees to fulfil the following conditions of approval. The ‘conditions of approval’ have been established based on a first submission technical circulation of the ‘Site Plan Control Documents’ as outlined in ‘Section B’ to internal and external commenting departments and agencies.

Conditions of Approval

1. That the subject lands be designated and zoned appropriately prior to the granting Site Alteration and Site Plan Approval.

2. That the Owner submit final versions of the technical drawings, studies, and reports in support of the proposed development requested by the County identified as the ‘Site Plan Control Documents’ as outlined in ‘Section A’, for review to the satisfaction of the County.

3. That the Owner acknowledge that this conditional site plan approval applies only to Phase 1 of site development as outlined on Site Plan Drawing SP101, Revision 8, May 12, 2023.

Site Plan, Elevation and Renderings

4. To submit a final detailed ‘Site Plan’ demonstrating detailed site design and zoning compliance for review to the satisfaction of the County. Changes to the Site Plan shall be permitted only in response to comments received as part of review of related ‘Site Plan Control Documents’ and to satisfy the Conditions of Site Plan Approval contained herein.

5. The Site Plan shall include the Fire Route and associated signage, proposed locations of Fire Hydrants and connections.

6. The Site Plan shall indicate the location and function of snow storage, garbage storage and garbage collection.

7. To submit final ‘Elevation & Rendering Drawings’ providing a representation of the proposed building design and the implementation of architectural elements and materials which enhance break up the extended façade of the building to the satisfaction of the County.

8. To submit final ‘Elevation & Rendering Drawings’ providing a representation of the area between the north building face and Highway #5. The ‘Elevation & Rendering Drawings’ should provide an accurate depiction of the proposed access, parking area, drive aisle, existing vegetation to be protected, proposed landscaping, noise wall and any elevation changes / berms proposed in relation to the existing residential land uses which abut the proposed development.

Environmental

9. That the Developer/Owner submit an ‘Environmental Impact Study’ Addendum to the Study prepared by Dougan and Associates dated May 31, 2022, on the results of amphibian call survey and breeding bird surveys, and if applicable that the site plan be updated to reflect recommendations as a result of the updated studies.

10. That the Developer/Owner provide written confirmation from the MECP on whether a permit or additional mitigation is required for species at risk. If a permit or mitigation is required, that written approval be provided or plans updated.

11. That the Developer/Owner submit and implement an Environmental Implementation Plan in accordance with Appendix 3 in the County Environmental Impact Studies and Environmental Implementation Plans Terms of Reference Submission Guidelines, and in accordance with the Environmental Impact Study prepared by Dougan and Associates dated May 31, 2022 to the satisfaction of the County. The plan shall include, but may not be limited to:

a) Timing of implementation measures.

b) A cost estimate for implementation measures.

c) A sediment and erosion control plan.

d) A tree preservation and protection plan.

e) An ecological restoration and enhancement plan.

f) A pre-construction, construction, and post-construction maintenance and monitoring plan for at least, 24 months post implementation of the planting plan.

g) Confirmation that engineering drawings such as grading and stormwater management are in accordance with recommendations in the Environmental Impact Study. Where applicable recommendations shall be implemented on revised plans.

h) Confirmation that the building, landscaping and lighting design is in accordance with bird friendly best practices, such as that provided in the Toronto Green Standard. Where applicable recommendations shall be implemented on revised plans.

12. That the Owner satisfy the following comments provided by the Grand River Conservation Authority (GRCA) to the satisfaction of GRCA and the County:

a) The Environmental Impact Study (EIS) addendum shall address outstanding stormwater management concerns. The addendum must include a summary and review of updated information on the final proposed discharge rates and construction dewatering plans, by Dougan and Associates.

b) The Environmental Impact Study (EIS) addendum shall reflect the findings of the hydrogeological assessment and the preliminary stormwater management report. The need for a monthly wetland water balance assessment that considers surface and groundwater inputs to the offsite wetlands must be confirmed. The EIS will need to verify that the proposed development will have no negative or adverse impact on the hydrologic function of the offsite wetlands or watercourses.

c) The water balance analysis must be updated once the post-development drainage areas and the SWM design, including Low Impact Development (LID) sizing, have been finalized.

13. That it be established through this condition that a Stage 2 Archaeological Assessment was conducted on November 26th, 2021, under archaeological consulting license P1131 issued to Matthew Haruta, MSc, of LEC by the MHSTCI. No archaeological resources were identified during the Stage 2 archaeological assessment of the study area, and as such no further archaeological assessment of the property is recommended.

Landscaping

14. To submit a final Landscape Plan established in connection to and in accordance with the required recommendations of the Environmental Impact Assessment, Ecological Management Plan and Tree Protection and Preservation Plan for review to the satisfaction of the Parks and Forestry Division and the County.

15. Tree Protection and Preservation shall be established in accordance with the County’s Tree Protection Guide.

16. The Landscape Plan shall show planting and surfacing details for all areas not covered by buildings, structures, loading areas or parking areas; for review to the satisfaction of the Parks and Forestry Division and the County.

17. To show on the required Landscape Plan, planting and surfacing details for the portion of all adjacent public property located between sidewalks, curbs or streets and the Owner’s property line so as to ensure a contiguous landscaped area between the public streets and the Owner’s proposed development to the satisfaction of the Parks and Forestry Division and the County.

18. The Landscape Plan shall indicate the number of quantities within a plant list consisting of invasive-free species appropriate for growth within Southern Ontario.

19. The Landscape Plan shall include construction details of all fencing and visual barriers as indicated on the Site Plan to the satisfaction of the Parks and Forestry Division and the County.

20. That a maintained, 2.5 metre looped pedestrian pathway around the storm water pond creating space that is attractive, safe, and accessible for all users, to be utilized in the future to provide linkages to parks, greenspaces and other naturalized areas. The trail access shall remain under private ownership until such time that conveyance of such lands to the County are complete. The pathway shall be incorporated into the required Landscape Plan. Species selection should include non-invasive, native plant material with consideration given to growth rates and those that function to enhance erosion control, shade, filtering, habitat creation, etc.

21. That the ‘tree lot’ as identified on the ‘Site Plan’ located in the southwest corner, adjacent to the proposed storm water management area be conveyed to the County as part of the future conveyance of the road, storm water management area and associated 0.3 metre reserves, daylight triangles, etc.

22. That the Owner be required to pay to the County’s Parkland Dedication Reserve cash-in-lieu contribution for park dedication equal to (2% or 5% or 1 ha/per 500 units) of the value of the lands in accordance with County’s Parkland Dedication Policy and approved Fees and Charges.

Site Lighting

23. To submit a final Site Lighting/ Photometric Plan, for review to the satisfaction of the County.

a) The drawings provided should include a table summarizing the illuminance values showing, for example, the maximum illuminance, the average illuminance, the minimum illuminance, the “average to minimum uniformity” ratio. The values provided should be limited to what is provided in the parking lots and not include values beyond the parking lot limits.

b) The summary table of illuminance values should include the recommended illuminance levels and uniformities for parking lots recommended by IES for a parking lot of this nature and its intended use. The recommended illuminance levels referenced should take into consideration the mix of pedestrian and vehicular activity.

c) The summary table should show that the illuminance values provided in the design comply with the recommended illuminance levels referenced for a parking lot of this nature.

d) The Site Lighting/ Photometric Plan shall design and implement the appropriate lighting levels, details and notations to ensure ‘dark sky compliance’, avoidance of glare, dark spots and shadowing.

e) The Site Lighting/ Photometric Plan shall ensure no light is being transmitted towards or across property lines, specifically towards abutting residential land uses or across vacant agricultural parcels.

Land Use Compatibility

24. To submit a final ‘Compatibility Mitigation Study’ for the proposed development with recommendations, for review to the satisfaction of the County.

25. To submit a final ‘Noise Impact Assessment’ for the proposed development with recommendations for noise control mitigation, for review to the satisfaction of the County.

26. Noise control mitigation and attenuation methods shall be established based on recommendations outlined in the ‘Noise Impact Assessment’ and in accordance with the required recommendations of the Environmental Impact Assessment, Ecological Management Plan and Tree Protection and Preservation Plan surrounding sensitive land uses.

27. To submit the design and construction details associated with the proposed noise wall, which shall form part of the technical drawing set accepted as the ‘Site Plan Control Documents’, for review to the satisfaction of the County.

28. That the Owner acknowledge that prior to issuance of a Building Permit, the County may require early construction and installation of noise control mitigation and attenuation methods as a tool to mitigate the impact of construction on surrounding sensitive land uses.

Drainage, Grading and Stormwater Management

29. Prepare and submit a detailed Grading and Drainage Control Plan, including infiltration of rooftop runoff where soil conditions permit, showing drainage details for the subject property, abutting properties and public rights-of-way so as to ensure compatible drainage, and to show thereon all existing and proposed connections to the municipal storm sewer, and all detailed erosion and sediment control features; all to the satisfaction of the (Director of Development Engineering, GRCA, Long Point Conservation Authority, MECP, and Ministry of Transportation).

30. Prepare and submit a Hydrogeological Report, to the satisfaction of the GRCA and County.

31. Prepare and submit a Geotechnical Report, to the satisfaction of the GRCA and County.

32. Prepare and submit a Geomorphological Assessment, to the satisfaction of the GRCA and County.

33. Prepare and submit a Dust Control Plan, to the satisfaction of the County.

34. Prepare and submit a Stormwater Management Plan and Report, identifying a legal outlet to the satisfaction of the GRCA and County.

35. The Stormwater Management Plan and Report shall implement the recommendations of the required Hydrogeological Report with respect to Water Balance and Low Impact Development.

36. Submit to the satisfaction of the Director of Development Engineering a detailed engineering design for stormwater management, or to receive from the Director of Development Engineering an exemption from this requirement.

37. Submit to the satisfaction of the Grand River Conservation Authority (GRCA) an updated erosion threshold analysis that includes the erosion threshold exceedance analysis.

38. Submit to the satisfaction of the Grand River Conservation Authority (GRCA) an updated Storm Water Management Report report that includes the site discharge rates, as well as on-site stormwater storage requirements.

39. Submit to the satisfaction of the Grand River Conservation Authority (GRCA) details associated with off-site impacts from discharge of additional runoff volume and identify the extent of flooding that will be increased upstream of the railway line.

Services / Utilities

40. Prepare and submit a Functional Servicing Report, identifying a legal outlet to the satisfaction of the County of Brant.

41. Prepare and submit a Site Servicing Plan showing the connections to the municipal servicing system for municipal water supply.

42. To obtain Environmental Compliance Certificate(s) approval from the MECP for the private sewage disposal systems and provide written copies of approvals to the County’s Chief Building Official.

43. In accordance with Section 53 of the Ontario Water Resources Act an Environmental Compliance Approval is required to the satisfaction of the County for the following:

a) An Environmental Compliance Approval for sewage works will be required by the MECP for the on-site oil grit separator; and

b) An Environmental Compliance Approval for sewage works will be required by the MECP for the on-site storm water management pond;

44. The Site Plan Agreement shall include the requirements of the Hydro Service provider be satisfied prior to registration and final approval. To this end, the following matters are to be addressed:

a) The Owner/Applicant will be required to enter into an Agreement with the Hydro Service provider to establish the terms and conditions of electrical service, including the financial requirements for servicing the proposed development.

b) The Owner/applicant must grant easements to the Hydro Service provider’s satisfaction.

c) The Owner/Applicant will be responsible for all costs associated with relocation of existing electrical plant if required as a result of this development.

d) That the County of Brant be advised by the Hydro Service provider that their conditions have been satisfied.

45. The Site Plan Agreement shall include the requirements of Bell Canada be satisfied prior to registration and final approval of all or any part of the Subdivision. To this end, the following matters are to be addressed:

a) The Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for Telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with the existing Bell Canada facilities or easements, the Developer/Owner shall be responsible for the relocation of such facilities or easements.

46. That the Owner acknowledge a requirement to connect to future sanitary services at the time that they become available and payment of the connection fees including the equivalent of the sanitary sewer development charge.

47. Bell Canada requires one or more conduit or conduits of sufficient size from each unit to the room(s) in which telecommunication facilities are situated and one or more conduits from the room (s) in which the telecommunication facilities are located to the street line, if required.

48. The Site Plan Agreement shall require Canada Post to advise the County that they are satisfied with the servicing arrangements between the Developer/Owner and the Canada Post.

Traffic

49. To submit a final Traffic Impact Study (TIS) for review to the satisfaction of the County and the Ministry of Transportation (MTO).

50. That the on-site parking be provided in accordance with the completed Parking Analysis and in compliance with the approved site specific Zoning By-Law Amendment to the satisfaction of the County.

51. To submit a final Truck Turning Plan, for review to the satisfaction of the County.

52. That prior to final MTO approvals, Highway improvements identified as required by the TIS must be completed. Any Highway improvements required shall be completed to the satisfaction of MTO prior to occupancy.

53. That the Owner acknowledge that any highway improvements identified as required as a result of the development are the financial responsibility of the Owner and/or in accordance with the County’s Development Charges Background Study, and to the satisfaction of the County.

Signage

54. Any/all signage proposed as part of the development is required to comply with the County’s Sign By-Law.

55. Any/all signage visible from Brant Road (Provincial Highway #24), including temporary development signs, must be identified on the plans, must conform to MTO policies and guidelines, and will require a valid MTO Sign Permit before installation.

Conveyances & External Works

56. The Owner, shall be required to undertake any servicing and/or road upgrades on Highway #5 along the property frontage and beyond, that may be required by the County or MTO as a result of this development, including but not limited to reconstruction, urbanization, curbing, municipal services and appurtenances, additional turning lanes, bike lanes, sidewalk, boulevard features, drainage features, intersection improvements, signalization and/or widening all at the Owner’s sole cost and/or in accordance with the County’s Development Charges Background Study, and to the satisfaction of the County.

57. That prior to registration of the agreement, the identified road allowances, road widening, 0.3 metre reserves and daylighting triangles, stormwater management facility and tree lot area, as indicated on a deposited reference plan, shall be conveyed, free and clear of all encumbrances at no cost to the County.

Related Approvals

58. Obtain any Planning Act approvals necessary in order to permit the proposed land use from the County of Brant.

59. Obtain any Environmental Compliance Approvals (ECA), as required, from the Ministry of the Environment, Conservation and Parks.

60. Obtain any Building and Land Use Permits, as required, from the Ministry of Transportation (MTO).

61. Obtain any Development Permits, as required, from the Grand River Conservation Authority (GRCA).

Cost Estimate(s)

62. To submit a final Cost Estimate for 100% of the total cost of all "on-site development works" to be completed, for review to the satisfaction of the County.

63. To submit a final Cost Estimate for 100% of the total cost of all "external-site development works" to be completed, for review to the satisfaction of the County.

64. To submit a final Cost Estimate for 100% of the total cost of all "landscaping works" to be completed, for review to the satisfaction of the County.

65. To submit a final Cost Estimate for 100% of the total cost of all works in accordance with the "Environmental Implementation Plan" to be completed, for review to the satisfaction of the County.

66. The final, County accepted and approved Cost Estimates, as outlined above, shall be referenced in a schedule within the ‘Site Plan Control Agreement Document’.

Securities

67. Prior to granting Site Plan Approval and execution of the ‘Site Plan Control Agreement Document’, the Owner shall provide securities for the performance, in accordance with the associated ‘Site Plan Control Agreement Document’.

68. The Owner shall lodge with the County an irrevocable Letter of Credit, Cash or Certified Cheque in favour of the County, in an amount equal in the aggregate to 50% of the estimated cost of all “on-site development works”, "landscaping works" and "Environmental Implementation Plan", excluding buildings, as identified within the ‘Site Plan Control Agreement Documents’ to a maximum of $250,000.00 for each individual Cost Estimate completed.

69. The Owner shall lodge with the County an irrevocable Letter of Credit, Cash or Certified Cheque in favour of the County, in an amount equal in the aggregate to 100% of all “external site development works” required to be performed within road allowance as identified within the ‘Site Plan Control Agreement Documents’.

70. Any security held by the County under this Agreement shall be released after completion, to the satisfaction of the County, of construction of works as identified within the ‘Site Plan Control Agreement Documents’ and as required by the ‘Site Plan Control Agreement’.

Registration of Agreement(s)

71. The Owner agrees that a ‘Site Plan Control Agreement’ shall be prepared by the County in accordance with the ‘Site Plan Control Agreement Documents’ and registered against the title to the subject development lands, at the expense of the Owner and following acknowledgement and direction by the County, the Owner shall register said Agreement forthwith and register all required Postponements immediately thereafter, following execution by all parties and the adoption of the authorizing by-law by Council, if applicable. The Owner shall provide the County with details of such registration upon completion of same. The Owner is responsible for all costs associated with said registration and searches.

72. That the required ‘Site Plan Control Agreement’ include consideration for an External Works Agreement where necessary as determined by and to the satisfaction of the County.

73. That any/all additional administrative requirements associated with the execution of the required ‘Site Plan Control Agreement’ (eg. Confirmation of Insurance and Professional Liability) be completed.

Special Condition(s)

In addition to the foregoing conditions, the following special condition(s) are/is also part of this approval:

74. That the Owner acknowledge that any of the ‘Site Plan Control Agreement Documents’ completed in support of this development application may be subject to ‘peer review’ by a third-party reviewer, coordinated by the County at the expense of the Owner.

75. That the Owner acknowledge that in the event the conditions associated with this approval have not been completed, within two (2) years from the date of conditional site plan approval, the approval shall lapse. Prior to the approval lapsing, a request for an extension, may be made directly to the County’s Director of Development Planning, with written justification. The Owner is responsible for making this request and ensuring the conditional site plan approval does not lapse. The Director of Development Planning will consider the request in light of current requirements and:

a) May deny the request;

b) May grant the request; or

c) May grant the request with revisions or additional conditions.

<Draft Section 41 Agreement to follow>

DRAFT Section 41 Agreement

Once you have satisfied all the conditions set out in Sections A and B above and the Section 41 Development Agreement (herein described below) has been executed and returned to the County of Brant Development Planning Division in a form that can be registered, the County will grant final Site Plan Approval. The County’s required Section 41 Development Agreement includes all the following:

1. PROPERTY IDENTIFICATION

1.1. The Owner’s lands are described on the attached Schedule ‘A’, Description of Lands (hereinafter referred to as the “Land” or the “Property”) and shown on the Site Plan attached to Schedule ‘B’ Site Plan Control Agreement Documents.

2. DEFINITIONS

2.1. OWNER shall include the registered Owner or Owners in fee simple, from time to time, of the Land described in Section 1 of this Agreement and/or their respective heirs, executors, administrators and assigns and in addition to its accepted meaning, shall mean and include an individual, an association, a partnership or an incorporated company, and wherever the singular is issued herein, it shall be construed as including the plural.

2.2. COUNTY shall mean The Corporation of the County of Brant.

2.3. MECP shall mean the Ministry of Environment, Conservation and Parks.

2.4. SITE PLAN AGREEMENT DOCUMENTS mean the documents listed in Schedule ‘B’ to this Agreement.

3. VEHICULAR INGRESS AND EGRESS

3.1. The Owner agrees to restrict the means of vehicular ingress and egress to and from the Land described in Section 1 to the location marked on the Site Plan included in Schedule ‘B’ Site Plan Control Agreement Documents and agrees that any construction required for the development between the traveled portion of the street and the Land shall be constructed by the Owner at the Owner’s expense and to the specifications of the County.

3.2. The Owner agrees to ensure that a proper Fire Route as identified and described by the County Fire Chief is established and maintained on the Land to provide adequate access, at all times, for all emergency vehicles and equipment.

3.3. The Owner agrees to construct a municipal road connection from Highway 5 to the southerly limit of the Subject Lands. The interim municipal road will terminate in a temporary cul-de-sac as illustrated on the final Site Plan, to the satisfaction of the County.

4. GRADING AND DRAINAGE

4.1. Site grading and drainage shall be established and maintained by the Owner in accordance with the requirements of the County.

4.2. The Owner agrees to provide written Final Completion Certificate and as-constructed drawings from the design engineer that all grades and elevations as shown on the approved lot grading plan, attached hereto as part of Schedule ‘B” Site Plan Control Agreement Documents, have been complied with within one year of occupancy and prior to the release of any securities.

4.3. The Owner agrees that for the development of the Land, the Owner shall provide for the collection and management of all surface waters originating on and/or passing through the Land to the satisfaction of the County.

4.4. The Owner acknowledges that portions of the parking lot and loading dock area are proposed to act as a storm water ponding area for certain storm events and as such the subject lands will experience occasional flooding as per the design of this development.

4.5. The Owner shall provide, maintain, repair and replace private stormwater management infrastructure as shown on the Schedule ‘B’ Site Plan Agreement Control Documents to provide for the collection and management of all surface waters originating on and/or passing through the Land.

4.6. The Owner agrees to permit the County to enter the Land to inspect all private stormwater management infrastructure for the purposes of verifying that storm flows are controlled on site, as intended.

4.7. The Owner is responsible for the routine maintenance and inspection of private stormwater management infrastructure, including inspection and removal and disposal of accumulated waste. The Owner acknowledges that portions of the Land may serve as stormwater ponding areas for certain storm events.

4.8. The Owner will submit to the County, promptly upon the County’s request, detailed records of routine maintenance and inspections of the private stormwater management infrastructure.

4.9. Through execution of this Agreement, the County has accepted the Site Plan Agreement Control Documents, which are attached hereto as Schedule ‘B”, indicating the proposed location of all buildings, driveways, landscaping, buffering, fencing, lighting, parking/loading areas and the proposed grading for and drainage of the development area, any storm water management area, servicing, including any private sewage system and/or water supply, and which are required to be completed to the satisfaction of the County prior to the issuance of a Building Permit.

5. CONSTRUCTION

5.1. Upon registration of this Agreement, the Owner agrees to have all works completed two (2) years from the date of execution of this agreement. Extensions may be granted by the County, in its sole discretion, upon written request and justification by the Owner.

5.2. The Owner agrees that all construction shall conform in all respects to the Schedule ‘B’ Site Plan Control Agreement Documents, or such other site plan as may be approved by the County within the parameters of Section 41 of the Planning Act, RSO 1990, as amended. The Owner agrees that any and all landscaping, tree planting, buffering, earth berms and fencing shall be constructed, installed and/or planted in accordance with Schedule ‘B’ Site Plan Control Agreement Documents and continued to be monitored maintained for a period of 2 (two) years prior to the full release of any securities. Following full release, such items shall be continue to be maintained by the Owner to the satisfaction of the County.

5.3. The Owner agrees that all works are to be completed in accordance with the drawings and documents accepted by the County.

5.4. The Owner agrees to provide, to the satisfaction of the County, digital copies of drawings of as constructed conditions confirming that construction of all works shown on the Schedule ‘B’ Site Plan Control Agreement Documents and required by this Agreement have been fully and completely installed and constructed in accordance with Schedule ‘B’ Site Plan Control Agreement Documents and this Agreement prior to final release of securities.

6. TREE PRESERVATION & REMOVALS

6.1. The Owner agrees to provide a Tree Inventory and Protection Plan completed by a Certified Arborist to show all existing trees and intended treatment (protection or removal) within and adjacent to the development area and to obtain approval thereof from the Manager of Parks and Forestry.

6.2. All tree removals will require 2:1 replacement planting on site OR cash-in-lieu compensation if planting replacement is not feasible. The per tree cost for compensation will be per the County’s Fees and Charges By-law (as amended).

7. PARKING, LOADING, OPEN STORAGE

7.1. The Owner agrees to provide parking spaces and loading spaces, together with any open storage, in accordance with and as required by the County’s Zoning By-law, as amended and Schedule ‘B’ Site Plan Control Agreement Documents.

8. REFUSE

8.1. The Owner agrees that provisions for the removal of garbage and recyclables at the Property are the responsibility of the Owner and garbage and recyclables placed by the curb will not be collected by the County in accordance with County Policy, or as otherwise arranged through application with the County.

9. SERVICING

9.1. Services located on private property do not necessarily meet the County’s minimum requirements for municipal infrastructure. The Owner acknowledges and agrees that all services located on the Property are to be owned and operated in perpetuity by the Owner.

9.2. The Owner agrees to apply for and obtain any and all approvals for any servicing requirements respecting water supply, storm sewers, sanitary sewers, entrances and road cut provisions from the County prior to the registration of this Agreement.

9.3. The Owner agrees to contact the appropriate hydro authority having jurisdiction over the Land with respect to any electrical service requirements prior to the registration of this Agreement.

9.4. The Owner agrees to permit the County to enter the Property and turn off any water curb stop in the event of non-payment of water charges in accordance with the County of Brant Water By-Law 116-06 (as amended).

9.5. The Owner acknowledges and accepts that the available fire flows within the municipal water distribution system to be supplied by the County of Brant along the frontage of the subject lands is 56.8 L/s for 2 hour duration at 140 kpa (measured at ground level at the property line). The Owner acknowledges and accepts that any requirement for fire flows, at this time or any time in the future, in excess of this number shall be the responsibility of the Owner. Should the 56.8 L/s for 2 hour duration at 140 kpa (measured at ground level at the property line) municipal fire flows not be sufficient to satisfy the Owner’s requirements, that the Owner be required to undertake the appropriate measures to augment private fire water supply at their sole expense and the approval of the County. Noting that any works to enhance the fire flow on the subject lands must be to the satisfaction of the County, including the requirement to not cause a pressure less than 140 kPa at ground level at any point in the distribution system. Note that current characteristics of water supply and demand may result in higher flow and pressure than described herein; however, different conditions of water supply and demand prevailing at another point in time may result in lesser flow and/or pressure than is currently being experienced.

9.6. Where water infrastructure (dedicated piping, oversized piping, private fire hydrants, sprinkler water feed piping, etc.) is provided for fire protection, the Owner shall vigorously flush all piping and appurtenances semi-annually (spring and fall). Flushing to be coordinated with the County of Brant’s watermain maintenance program. The date, time, volume of water flushed and comments regarding flow and the characteristics (colour, odour, etc.) shall be reported in writing to the County’s Water Division within one week of performing the work. Piping to be flushed at minimum 0.91 m/sec for at least three volumes of water in the pipe from the municipal watermain connection to the reduced pressure double backflow preventor or until water runs clear with free chlorine residual equal to that in the municipal watermain, whichever is less. Also, flush private fire hydrant and lead, if one is to be constructed, to same standards. Water infrastructure not adequately flushed (having velocity in the pipe of at least 0.91 m/sec) during normal operations shall also be flushed semi-annually. Flushing shall include all infrastructure up to and just past any backflow prevention devices provided in the system.

9.7. All private fire hydrants (if applicable) are to be fire hydrant red with black Storz cap (if applicable).

9.8. The Owner shall exercise, inspect and maintain private fire hydrants (if applicable) to NFPA standards.

9.9. Reduced pressure double backflow preventor (Watts 909 or equivalent) required in “Proposed Industrial Building”, as shown on Schedule ‘B’ Site Plan, upstream of any other connections.

9.10. The Owner shall be required to complete the following testing: 1. annual distribution system flushing and private hydrant operation and maintenance; and 2. annual leak detection testing. The above noted testing shall be carried out using proper methods and shall be conducted by qualified individuals approved by the County. The Owner shall submit a report detailing the testing methods, amount of water used, conclusions and recommendations within two weeks of completion of the testing.

9.11. The Owner agrees to permit qualified individuals approved by the County to access the sanitary sampling manhole at any time the County deems necessary.

9.12. The Owner is responsible for the operation and maintenance of the sanitary service connection in accordance with Schedule ‘B’ Site Plan Control Agreement Documents, all applicable MECP standards, the County of Brant Development and Engineering Standards and the County of Brant Sanitary Sewer Use By-Law (as amended)

9.13. The Owner shall not direct or discharge any discharge, other than sanitary effluent, to the sanitary sewer system. The Owner shall not discharge rain water collection devices, sump pump discharges or perimeter ground water collection systems into the sanitary sewer lateral. If connections allowing ground water or rain and/or snow melt are installed, the Owner will be required to promptly remove them at the Owner’s expense and provide the County written documentation, signed by a professional engineer, confirming this work has been completed.

9.14. The Owner is responsible for the operation and maintenance of the storm sewer service connection in accordance with Schedule 'B' Site Plan, all applicable MECP standards, the County’s Development and Engineering Standards and the County’s Storm Sewer Use By-Law (as amended).

9.15. That the Owner is required to connect to future sanitary services at the time that they become available including payment of the connection fees including the equivalent of the sanitary sewer development charge.

10. PAVING, DUST CONTROL

10.1. The Owner agrees to pave with asphalt any areas on the Land as identified in Schedule ‘B’ Site Plan Control Agreement Documents to a standard acceptable by the County. Proper dust control measures shall be undertaken by the Owner to the satisfaction of the County for those areas that are not hard surfaced and that may generate dust from time to time as a result of weather conditions and vehicular and/or equipment traffic.

10.2. That the Owner acknowledge that prior to issuance of a building permit, the County of Brant may require early construction and installation of noise control mitigation and attenuation methods as a tool to mitigate the impact of construction on surrounding sensitive land uses.

11. DEVELOPMENT CHARGES

11.1. The Owner agrees to make payment, if any, of development charges pursuant to the Development Charges By-law immediately upon release of Building Permits.

12. OCCUPANCY OF BUILDINGS

12.1. The Owner agrees to complete all of the terms of this Agreement prior to any use and/or occupancy of the building and/or property, notwithstanding receipt of any “Certificate of Inspection Re: Readiness for Occupancy”, that may be issued by the County as a result of the Owner completing construction of the building itself pursuant to the Ontario Building Code.

13. SECURITY

13.1. The Owner shall provide security for the performance, in accordance with this Agreement, of all of the Owner’s obligations under this Agreement and the following provisions shall apply:

13.2. Upon the execution of this Agreement, the Owner shall lodge with the County an irrevocable Letter of Credit, cash or certified cheque in favour of the County, in an amount equal in the aggregate to (1) 50% of the estimated cost of all site works, excluding buildings, as shown on the Schedule ‘B’ Site Plan Control Agreement Documents and (2) 100% of all works performed in the municipal road allowance as shown on the Schedule ‘B’ Site Plan Control Agreement Documents, to a maximum of $250,000.00, in accordance with the accepted cost estimate as shown on Schedule ‘D’ Securities.

13.3. The amount of the security to be provided shall be based on cost estimates prepared by the Owner’s consulting engineer as reviewed and accepted by the County or as amended by the County, to a maximum of $250,000.00, as shown on Schedule ‘D’ Securities.

13.4. The facilities and works required by this Agreement shall be provided and maintained by the Owner at the Owner’s sole risk and expense and to the satisfaction of the County; and, in default thereof, in addition to any other remedies which may be available to the County, the provisions of Section 446 of the Municipal Act, 2001, shall apply for the purpose of securing rectification of the default.

13.5. The Owner agrees that the County shall have the right at any time and from time to time to (1) enter upon the Land for the purposes of monitoring compliance with this Agreement and the Site Plan Control Agreement Documents (2) to make such tests and inspections as the County, acting reasonably, deems necessary (3) to make and/or request and obtain any document, contract, plan, specification, record or other document or thing which, in the County’s sole opinion, may be desirable to obtain in order to facilitate monitoring and inspection, and, (3) if the County shall deem it advisable, to engage technical consultants to assist in the performance of any monitoring or inspection. The cost of such technical consultants, if engaged, shall be recoverable from the Owner forthwith on demand provided that such costs are supported by proper invoices and copies provided to the Owner. The County shall comply with all laws, rules and regulations while on the Land.

14. REALIZING UPON SECURITY

14.1. In addition to any other remedy which the County may have against the Owner for breach of this Agreement, the County may, at any time and from time to time, realize upon and enforce any security available to it under this Agreement and use the funds derived therefrom to pay the cost of doing any work or thing in respect of which the Owner is in default, or to recover such costs if the County has done such work or thing prior to realizing upon and enforcing the security. If the funds derived from the security exceed the amount due to the County, the excess shall be refunded to the Owner when the work required of the Owner by this Agreement and the Site Plan Control Agreement Documents have been completed to the reasonable satisfaction of the County; but, if there is a deficiency, the same shall be recoverable from the Owner forthwith upon demand. The County shall provide to the Owner an accounting of any costs in connection with the foregoing.

14.2. Any security held by the County under this Agreement shall be released after completion, to the satisfaction of the County, of construction of works as shown on the Schedule ‘B’ Site Plan Control Agreement Documents and as required by this Agreement. Prior to the release of final security, and subject to Section B(10 (i)), the Owner shall satisfy the County by:

14.2.1. Providing to the County a Final Completion Certificate issued by a qualified professional certifying that construction of all works shown on the Site Plan Control Agreement Documents and required by this Agreement have been fully and completely installed and constructed in accordance with the Schedule ‘B’ Site Plan Control Agreement Documents and this Agreement; and

14.2.2. Providing to the County one (1) digital copy of drawings of as constructed conditions in accordance with clause 5.4 of this Agreement.

14.2.3. Providing to the County, CCTVs video of all pertinent infrastructure related to the Subject Lands.

14.3. So long as the Owner is not in default under this Agreement, the amount of the security provided as required by this Agreement may be reduced from time to time, to an amount which, in the opinion of the County, is adequate to secure the faithful performance of the remaining obligations of the Owner hereunder; provided that no release of security or reduction in such Letter of Credit shall be made until there is first filed with and approved by the County a certificate issued by the Owner and by the Owner's Engineer as to the value of that part of the obligations of the Owner which have been completed to the date of the certificate and as to the cost of completing the remaining obligations of the Owner hereunder; and provided further that the amount of the Letter of Credit security required by this Agreement shall not be reduced to less than FIVE THOUSAND ($5,000.⁰⁰) DOLLARS until the County is in a position to release all security as contemplated by paragraph 13.2, above; and provided that the second and each subsequent request for partial release of securities is subject to the Site Plan Control Inspection fee of $500.00.

15. REMEDIES

15.1. In addition to any other remedy, which the County may have against the Owner for breach of this Agreement, the County, at its option, may adopt and pursue any one or more or all of the following remedies:

15.1.1. Enter and re-enter the Land and complete any part of all of the works associated with the drainage and grading in respect of which there has been default and may recover the cost of so doing from the Owner;

15.1.2. Make any payment, which ought to have been made by the Owner and recover the amount thereof from the Owner; and

15.1.3. Do any other thing required of the Owner by this Agreement and recover the cost of so doing from the Owner provided that the County shall give the Owner at least five (5) business days prior notice.

15.2. The Owner understands and agrees that the entry upon the Land by the County or the doing of anything by the County as authorized by this agreement shall not in any way relieve the Owner of the obligations of the Agreement.

15.3. The Owner covenants and agrees that neither it nor any of its agents, servants, officers or contractors shall interfere in any way with anything done or authorized to be done pursuant to this Agreement by the County.

15.4. In addition to any other remedy which the County may have against the Owner for breach of this Agreement, the County may bring action to restrain or to compel specific performance of all or any part of this Agreement and for damages.

16. REGISTRATION

16.1. The Owner agrees that this Agreement shall be registered against the title to the Land as described on the attached Schedule ‘A’ Description of Lands , in the appropriate Land Titles Office for the intent and purpose that this Agreement and all of the Owner’s covenants and obligations herein shall run with the land. At the expense of the Owner and following acknowledgement and direction by the County, the Owner shall register said Agreement forthwith and register all required Postponements immediately thereafter, following execution by all parties and the adoption of the authorizing by-law by Council, if applicable. The Owner shall provide the County with details of such registration upon completion of same. The Owner is responsible for all costs associated with said registration and searches.

16.2. The Owner agrees to provide to the County a solicitor’s certificate of title in a form acceptable to the County’s Legal Department upon execution of this Agreement.

16.3. The Owner agrees that any future alterations/changes and/or expansions to any component of the Site Plan Control Agreement Documents shall require a new application for Site Plan Control, and a subsequent amendment to this Agreement. However, the County agrees that any minor modification to the Site Plan Control Agreement Documents shall, at the discretion of County staff, not warrant such application, provided the intent of this Agreement is not compromised.

17. OWNER’S TITLE

17.1. The Owner represents and warrants to the County that, at the date of this Agreement and at the date of the registration of this Agreement upon title, the Owner is and will be the Owner in fee simple of the Land free of all liens and encumbrances, save and except for those items described on Schedule ‘C’ attached hereto.

18. OTHERS WITH TITLE INTERESTS

18.1. The Owner agrees to obtain and register a discharge or a consent and postponement of any encumbrances on the Land, at its sole expense. The Owner acknowledges that it is the intent of this requirement that any such prior encumbrancer will postpone its rights or interest which it may have in the Land, so that this Agreement shall give the County priority and take effect as though executed and registered prior to the creation of such right or interest of such party by the execution and registration of any mortgage or other encumbrances creating or defining such right or interests. Any consent and postponement by a mortgagee of the Lands shall be in the form and substance satisfactory to the County and shall be annexed to this Agreement prior to the execution of this Agreement by the County.

19. NOTICE

19.1. The Owner hereby agrees to reimburse the County for any loss, costs, actions and damages incurred or suffered by the County for or by reason of, or on account of the construction, maintenance or existence of buildings, structures and/or improvements to the Lands. The County shall notify the Owner by written notice of particulars of all such loss, actions, costs and damages, and in the event that such are not paid by the Owner within thirty (30) days from the date of mailing of the notice, same may be added to the Tax Collector’s Roll and collected in the same manner and with like remedies as taxes under the Municipal Act, 2001.

19.2. Where any notice is required to be given by one party to this Agreement to another party to this Agreement, such notices shall be given by prepaid registered mail, e-mail, or by being delivered to the person to whom it is to be given at the appropriate address set out below:

19.3. County of Brant,

Mat Vaughan, Director of Development Planning,

Paris Service Area Office, 66 Grand River Street North,

Paris ON N3L 2M2

mat.vaughan@brant.ca

19.4. Wade Dobbin

CSG Property Limited Partnership

185 The West Mall, Suite 860

Toronto ON M9C 5L5

wdobbin@panattoni.com

19.5. It is mutually agreed that notices shall be deemed effective:

19.5.1. at the date and time of delivery for in person delivery;

19.5.2. the following day for email; and

19.5.3. the day following the deposit of said notice in Her Majesty’s Post Office for prepaid registered mail

20. INSURANCE

20.1. Prior to the execution of this Site Plan Control Agreement, the Owner shall purchase and maintain insurance against all damages or claims for damage with a financially sound and reputable insurance company satisfactory to The Corporation of the County of Brant. The Owner shall provide a Certificate of Insurance to The Corporation of the County of Brant annually evidencing the insurance coverage required prior to the registration of this Agreement and hereafter annually on the insurance renewal date.

20.2. The Owner’s insurance shall be primary.

20.3. The insurance premium for the required insurance must be prepaid for a period of not less than one (1) year. The insurance policy must provide that it is not cancellable unless prior notice by mail has been received by The Corporation of the County of Brant from the insurer not less than thirty (30) days prior to the cancellation date.

20.4. All parties must agree to immediately notify the other parties of any occurrence, incident, or event which may reasonably be expected to expose any of the parties to liability of any kind in relation to the development.

20.5. The issuance of such insurance policy or policies shall not be construed as relieving the Owner from responsibility for any other or larger claims in excess of such policy or policies, if any, for which the Owner may be held responsible. Such insurance policy or policies shall be in a form acceptable to the County and, without limiting the generality of the foregoing, shall provide:

20.5.1.1. Commercial General Liability Insurance, underwritten by an insurer licensed to conduct business in the Province of Ontario, for a limit of not less than $5,000,000.00 per occurrence, an aggregate limit of not less than $10,000,000.00 within any policy year, with respect to completed operations and a deductible of not more than $100,000.00. The policy shall include an extension for a standard provincial and territorial form of non-owned automobile liability policy including SEF 94 and SEF 96 with minimum limits of $2,000,000.00 per occurrence. This policy shall add “The Corporation of the County of Brant” as an additional insured and shall include but not be limited to coverage as follows:

20.5.1.2. Cross-liability and severability of interest

20.5.1.3. Blanket Contractual

20.5.1.4. Products and Completed Operations

20.5.1.5. Premises and Operations Liability

20.5.1.6. Personal Injury Liability

20.5.1.7. Contingent Employers Liability

20.5.1.8. Owner and Contractors Protective Broad Form Property Damage

20.5.2. The policy shall include 30 days’ notice of cancellation.

20.5.3. Automobile Liability Insurance

20.5.3.1. Automobile Liability insurance covering third party property damage and bodily injury, including accident benefits as may be required by applicable laws arising out of any licensed vehicle owned or leased by Owner in connection with this Agreement with an inclusive limit of liability of two million dollars ($2,000,000.00).

20.5.4. Professional Liability Insurance

20.5.4.1. Should the work involve professional design, the Owner shall ensure that any Professionals hired shall carry Professional Liability Insurance in the amount not less than $2,000,000.00 providing coverage for acts, errors and omissions arising from their professional services performed under this Agreement. The policy SIR/deductible shall not exceed $100,000.00 per claim and if the policy has an aggregate limit, the amount of the annual aggregate shall be in an amount of not less than $4,000,000.00. The policy shall be underwritten by an insurer licensed to conduct business in the Province of Ontario and acceptable to The Corporation of the County of Brant. The policy shall be renewed for 3 years after Agreement termination. A certificate of insurance evidencing renewal is to be provided each and every year. If the policy is to be cancelled or not renewed for any reason, 30 days notice of said cancellation or non-renewal must be provided to The Corporation of the County of Brant. The Corporation of the County of Brant has the right to request that an Extended Reporting Endorsement be purchased by the (Professional) at the (Professional’s) sole expense.

20.5.5. Primary Coverage

20.5.5.1. The “Owner’s” insurance shall be primary coverage and not additional to and shall not seek contribution from any other insurance policies available to the County.

20.5.6. Certificate of Insurance

20.5.6.1. The Owner shall provide a Certificate of Insurance evidencing coverage in force at least 10 days prior to Agreement commencement and annually thereafter for the entire duration of the agreement.

21. INDEMNIFICATION

21.1. The Owner shall defend, indemnify and save harmless THE CORPORATION OF THE COUNTY OF BRANT its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Owner, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Agreement. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the Owner in accordance with this Agreement and shall survive this Agreement.

21.2. The Owner further agrees to defend, indemnify and save harmless THE CORPORATION OF THE COUNTY OF BRANT from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever arising out of or related to the Owner’s status with WSIB. This indemnity shall be in addition to and not in lieu of any proof of WSIB status and compliance to be provided by the Owner in accordance with this Agreement and shall survive this Agreement.

22. SPECIAL PROVISIONS

22.1. This Agreement and everything contained herein shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the parties hereto.

22.2. The Owner shall not call into question directly or indirectly in any proceeding whatsoever in law or in equity or before any court or administrative tribunal the right of the County to enter into this Agreement and to enforce each and every term of this Agreement and this clause may be asserted and pleaded as an estoppel against the Owner in any such proceeding.

22.3. Notwithstanding the foregoing, if at any time during the currency of this Agreement, it is found by any court of competent jurisdiction, by any administrative tribunal or ministry of government that this Agreement or any part thereof is ultra vires the County or otherwise void or invalid then no obligation, liability or duty of any nature or kind whatsoever, whether in law or in equity shall be imposed upon the County to carry out any part of this Agreement so found to be ultra vires, void or invalid.

22.4. If any term of this Agreement shall be found to be ultra vires the County or otherwise void, invalid or unenforceable, such term shall conclusively be deemed to be severable and the remainder of this Agreement, mutatis mutandis, shall be and remain in full force and effect.

22.5. This Agreement is to be interpreted in accordance with the laws of the Province of Ontario. Any dispute or issue raised between the parties as to the interpretation or effect of this Agreement or any part of this Agreement is to be determined or resolved by proceedings taken before a court of competent jurisdiction in Ontario.

22.6. The Owner agrees that the County shall have the right to enter upon the Land from time to time to ensure that the terms of this Agreement and any zoning by-law amendment duly adopted by the County are being fully complied with. The Owner agrees that all deficiencies shall be corrected forthwith to the satisfaction of the County.

22.7. Any and all easements required by the County shall be provided free and clear of encumbrances and to the sole satisfaction of the County.

22.8. The Developer agrees to accept, as required, lands deemed surplus to the County to facilitate access to the Land.

22.9. The provisions of this Agreement have been mutually prepared by the Parties and each Party has had the opportunity to consider each and every term in this Agreement (which the Parties consider reasonable and valid). Should any aspect of this Agreement be brought before a judicial or quasi-judicial hearing, this Agreement will be read, reviewed, and interpreted without regard to contra proferentem, and that the rule contra proferentem does not apply with respect to the interpretation of this Agreement.

22.10. The Parties shall execute diligently and expeditiously such further documents and take such further action as may be reasonably required in order to implement and give full legal force and effect to the terms and conditions of this Agreement.

22.11. This Agreement may be executed in counterparts, in original or electronic form, each of which shall be deemed to be an original, and all of which shall constitute one and the same document and shall only be binding and effective when executed by or on behalf of the Parties.

22.12. The Owner acknowledge and agree that the Owner has been afforded the opportunity to obtain independent legal advice (at the Owner’s own cost) and confirm by the execution and delivery of this Agreement that the Owner has either done so or waived the Owner’s right to do so in connection with entering into this Agreement.

22.13. Schedules attached to this Agreement (including their respective attachments, if any) form an integral part of this Agreement and are incorporated herein by reference.

<end of the draft Development Agreement>

At this time the County’s Agreement Coordinator will be preparing the formal Section 41 Development Agreement for subsequent execution by the Owner. They will be in contact with you to arrange for the pickup/mailing of the prepared Development Agreement. However, if you have any questions or concerns with the conditions of this Site Plan Approval in Principle or required Section 41 Development Agreement conditions, please contact Alyssa Seitz at alyssa.seitz@brant.ca.

Once the conditions set out in Section C have been completed, and the Section 41 Development Agreement has been executed and returned to the Agreement Coordinator in a form that can be registered, final Site Plan Approval will be granted. The Agreement Coordinator will then proceed to register the Agreement. Once this registration occurs, a Building Permit may then be issued.

Also attached for your information is a summary of conditions for Site Plan Approval and the contacts related to each. If you have questions with respect to the conditions for Site Plan Approval, please contact Dan Namisniak, Senior Planner at dan.namisniak@brant.ca.

Yours truly,

Mat Vaughan, BES, MPlan, MCIP, RPP, CMIII

Director of Development Planning

cc: Email: Richard Weidhaas, Chief Building Official

Don Cunningham, Director of Development Engineering

Rob Walton, General of Manager of Operations

Dan Namisniak, Senior Planner

Alyssa Seitz, Agreement Coordinator, Development Planning