CORRECTION NOTICE

OLT CASE NO(S).:

OLT-22-004179

DECISION ISSUE DATE(S):

February 29, 2024

CORRECTION NOTICE ISSUE DATE:

March 22, 2024

RE: Riverview Highlands (St. George) Holdings Ltd. v. Brant (County)

Correction to: the Appearances List to add a Party, Losani Homes (1998) Ltd. and their Legal Counsel, William Liske

Originally:

Corrected to:

APPEARANCES:

APPEARANCES:

Parties

Counsel

Parties

Counsel

Riverview Highlands (St. George) Holdings Ltd.

Courtney Boyd

Riverview Highlands (St. George) Holdings Ltd.

Courtney Boyd

County of Brant

Brian Duxbury

County of Brant

Brian Duxbury

Losani Homes (1998) Ltd.

William Liske

“Euken Lui”

EUKEN LUI 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.

ISSUE DATE:

February 29, 2024

CASE NO(S).:

OLT-22-004179

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

Applicant/Appellant:

Riverview Highlands (St. George) Holdings Ltd.

Subject:

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

Description:

To permit a residential development with single- detached residential dwellings, a multiple- residential block, and neighbourhood commercial

Reference Number:

ZBA-18-RA

Property Address:

70 and 72 Beverly Street West

Municipality/UT:

County of Brant

OLT Case No.:

OLT-22-004179

OLT Lead Case No.:

OLT-22-004179

OLT Case Name:

Riverview Highlands (St. George) Holdings Ltd.

v. Brant (County)

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

Applicant/Appellant:

Riverview Highlands (St. George) Holdings Ltd.

Subject:

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

Description:

To permit a residential development with single- detached residential dwellings, a multiple-

residential block, and neighbourhood commercial

Reference Number:

PSI-18-RA

Property Address:

70 and 72 Beverly Street West

Municipality/UT:

County of Brant

OLT Case No.:

OLT-22-004180

OLT Lead Case No.:

OLT-22-004179

Heard:

February 5, 2024 in writing

APPEARANCES:

Parties

Counsel

Riverview Highlands (St. George)

Courtney Boyd

Holdings Ltd.

County of Brant

Brian Duxbury

DECISION DELIVERED BY S. DEBOER AND ORDER OF THE TRIBUNAL

Link to the Order

INTRODUCTION

1The Tribunal had originally scheduled a five-day hearing to hear the merits of the appeals by Riverview Highlands (St. George) Holdings Ltd. (“Appellant”) concerning the County of Brant’s (“County”) failure to make a decision on the Zoning By-law Amendment Application (“ZBA”) and the subsequent Plan of Subdivision Application (“PSA”) for the property municipally known as 70 and 72 Beverly Street West (“Site”).

2Prior to the commencement of the hearing, the Tribunal received correspondence from the Parties, in advance of the merit hearing, advising that the settlement on the issues has been reached and the Parties were making a request to the Tribunal that the merit hearing be converted to a hearing on the planning merits of the settlement proposal.

3In accordance with Rule 12 of the Tribunal’s Rules of Practice and Procedure, the Tribunal convened the proceedings as a written hearing on the terms of the settlement.

STATUTORY REQUIREMENTS

4When considering appeals filed pursuant to s. 34(11) and s. 51(24) of the Planning Act (“Act”), the Tribunal must have regard to the matters of provincial interest as set in s. 2 of the Act. Section 3(5) of the Act requires decisions of the Tribunal affecting planning matters to be consistent with the Provincial Policy Statement, 2020 (“PPS”) and, in this case, conform to the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”). In this particular matter, the Tribunal must take under consideration conformity to the County’s

Official Plan (“COP”), the St. George Area Study (“Area Study”) and the Country’s Official Plan Amendment No. 8 (“OPA 8”).

5In consideration of the statutory requirements set out above, the Tribunal must also be satisfied that the Application is in the public interest and represents good land use planning.

SITE DESCRIPTION AND SURROUNDING AREA

6The Site consists of two plots of land, 70 and 72 Beverly Street. The Site is located in the southwest quadrant of St. George, at the intersection of Beverly Street and Main Street. The Site is of irregular shape with a frontage of approximately 52.8 metres (“m”) on Beverly Street and varying depths of approximately 520 m. The total Site size is approximately 8.8 hectares (“ha”). The Site generally slopes from northwest to southwest by a total height of 12 m. A 1-to 2-m wide tributary of Fairchild Creek through a small valley on the west and southern portion of the property.

7To the north of the Site are one-and two-storey single detached dwellings. To the east and south of the Site, are agricultural uses and to the west is one single detached dwelling fronting onto Beverly Street.

8A public school is located on the north side of Beverly Street and the St. George Arena is located approximately 475 m north of the Site.

HISTORY OF THE APPLICATIONS

9The applications date back to November 2015, when the pre-application package was submitted to the County for consideration. The application included 35 single detached dwellings, one block for multiple residential purposes, a mixed-use block, an open space block and one block for future development.

10On March 19, 2018, applications for the ZBA and PSA were submitted with similar uses as the pre-application package. On April 10, 2018, the applications were deemed complete and circulated for commentary. On July 3, 2018, the applications were presented to the County’s Planning Advisory Committee for information purposes. The Applications were appealed to the former Local Planning Appeal Tribunal (“LPAT”) where the applications were put on hold by LPAT. During the time these applications were on hold at LPAT, the County’s OPA 8 was approved by the County and was appealed to the LPAT. OPA 8 provided further policies to ensure an efficient development of St. George and would implement the Area Study. The LPAT approved OPA 8 on November 20, 2020.

11Once the decision on OPA 8 was finalized by LPAT, the applications were reactivated on the County level and a new submission was made on July 6, 2021. This new submission included a revised PSA based on the circulation comments and planning analysis from OPA 8.

12On June 8, 2022, another submission was completed to the County. This submission included revisions based on the commentary received from the 2021 submission and circulation. On July 25, 2022, the Applicant appealed the Applications to the OLT due to a lack of a decision by the County.

THE HEARING

13Before the Tribunal was the following document, which was entered as an Exhibit:

• Exhibit 1 - Final Joint Document Brief

14Included in the Exhibit were the Agreed Statement of Facts, the Witness Statement of Brenda Khes and the proposed Draft Order.

15After review of the Exhibit, the Tribunal qualifies Ms. Khes as an expert in the area of land use planning pertaining to this matter.

SETTLEMENT PROPOSAL BEFORE THE TRIBUNAL

16The Applications before the Tribunal include a revised ZBA and PSA. The ZBA revises the zoning from “A” “Agricultural” and “R2” “Residential”, which includes single detached and semi-detached dwellings. The ZBA revisions would allow for single detached dwellings, a mixed-use block, a pedestrian trail access block and a block for the protection of natural heritage. The specific changes to the ZBA are as follows:

• Holding Provision Special Exception Residential Singles (h-R1-X);

• Holding Provision Special Exception Residential Multiple High Density (h-RM3- 22);

• Holding Provision Special Exception Residential Multiple High Density (h-RM3- XX);

• Natural Heritage (NH); and,

• Special Exception Natural Heritage NH-10 Zone.

17It was the opinion of Ms. Khes that these requested changes will allow for the development of the PSA including 33 lots for single detached dwellings, one block of high-

density townhouses, one block for mixed-use, one block for a public trail, and four blocks for public street access.

Planning Instruments Before the Tribunal

18The Planning Instruments would revise the Site to the designation of “Residential Singles R1-52” for the single detached dwellings and rezone the townhouse block to “Density RM3-28 Zone”. Other requested zoning changes include a “Natural Heritage (NH) Zone”, a “Recreational Facilities (OS2) Zone” and a “Heritage System (NH-10) Zone”.

19The PSA includes a “H” holding provision to the entire Site until the conditions of the PSA have been met. It was Ms. Khes’ opinion that the proposed ZBA and PSA before the Tribunal are appropriate and allow for a responsible development of the lands.

Planning Context

20With regard to the planning instruments before the Tribunal, it was Ms. Khes’ opinion that the instruments are consistent or comply with the legislative acts that apply to these Applications. Ms. Khes took the Tribunal through the specific legislative requirements that pertained to the Applications.

Planning Act (“Act”)

21Ms. Khes gave her opinion that the Applications do have proper regard to matters of Provincial interest as set out in s. 2 of the Act. The Applications have regard to the following items included in s. 2 but not limited to:

a) The protection of ecological systems, including natural areas, features and functions;

b) The projection of the agricultural resources of the Province;

c) The conservation and management of natural resources and the mineral resource base;

d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest;

e) The supply, efficient use and conservation of energy and water;

f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;

g) The minimization of waste;

h) The orderly development of safe and healthy communities;

i) h.1)the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies;

r) The promotion of built form that,

(i) is well-designed,

(ii) encourages a sense of place, and

(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant;

22In Ms. Khes’ opinion, the Applications ensure protection to a “Natural Heritage System” ensuring the protection of significant woodland features. The Applications provide mitigation measures and monitoring of the said natural heritage system and water resource features. The Applications are within an area that has been designated for urban growth and will add anywhere from 96 to 120 housing units to the County’s housing supply. The Site’s location is within St. George’s designated urban area and will optimize the use of the existing public services including public schools, parks, recreational facilities and proposed municipal services. Ms. Khes reaffirmed that the Applications have regard to matters of Provincial interest as per s. 2 of the Act.

Provincial Policy Statement, 2020 (“PPS”)

23Concerning the PPS, it was Ms. Khes’ opinion that the Applications are consistent with the PPS by meeting policies inter alia such as s. 1.1.1 pertaining to Healthy and liveable communities, s. 1.1.3.1 pertaining to Settlement Areas, s. 1.1.3.2 pertaining to Land use patterns, s. 1.4.3 pertaining to appropriate ranges and mixes of housing and s. 1.6 pertaining to Municipal services. Ms. Khes’ opinion is that the Applications support long-term economic prosperity by optimizing land uses and the existing and planned municipal services while protecting natural heritage areas including woodlands located on and adjacent to the Site.

Growth Plan for the Greater Golden Horseshoe, 2020 (“Growth Plan”)

24With regards to the Growth Plan, it was Ms. Khes’ opinion that the Applications conform to the Growth Plan by meeting the requirements Policy 1.2.1 concerning how land is developed, managed and protected, Policy 2.1 concerning the optimization of existing urban land supply, Policy 2.2.2 concerning Delineated built-up Areas, and Policy

3.2 concerning efficient use of public infrastructure to support growth and integrated planning.

Country of Brant Official Plan (“COP”) and Official Plan Amendment No. 8 (“OPA 8”)

25Ms. Khes gave her opinion that the Applications represent a logical and efficient extension of the County’s services and will avoid any large tracts of land from being “trapped” between existing urban development areas. Ms. Khes gave her opinion that the Applications are in a Prime Urban Settlement Area and this Prime Settlement Area will remain an area of focus and growth until 2031. Policy 2.2.4 of the COP requires residential growth in the completion of an Area Plan to establish densities that will meet designated Greenfield density targets. Ms. Khes opined that the Applications, specifically, the PSA demonstrates how the residential growth will occur.

26As for OPA 8, it was Ms. Khes’ opinion that OPA 8 implements a clear servicing strategy, which allows for a controlled development to occur on the Site. OPA 8 includes specific policies that employ a controlled allocation of servicing through development approvals and phasing for the Site’s development. It was Ms. Khes’ opinion that the phasing policies included in OPA 8 represents that appropriate, controlled development will occur on the Site contiguously with the expansion of the County’s services. OPA 8 introduces a mix of housing policies for any development, including the Applications before the Tribunal. This mix of housing must include a range of the following housing options:

(i) Single and semi-detached units – 60% to 70%

(ii) Townhouse units – 10% to 20%

(iii) Multiple units (e.g. stacked townhouse, apartments) – 10% to 20%

27In Ms. Khes’ opinion, the Applications do allow for these housing options to be met, as such, the Applications conform to the OP and OPA 8.

28Concerning OPA 8 Transportation Policies, it was Ms. Khes’ opinion that the Applications conform to the specific policies including provisions concerning road networks, the proposed pedestrian and cycling network, which capitalizes on natural heritage features.

29Regarding the OPA 8 Natural Heritage Policies, Ms. Khes opined that the Applications conform to the modified C-2 Area Study including the completed Scoped Environmental Impact Study (“EIS”), which demonstrated that no negative impacts would result to the natural heritage system as a result of the Applications. Ms. Khes noted that the Grand River Conservation Authority (“GRCA”) recommended in the Area Study that a 10-m buffer be established from the woodland dripline to adequately protect the Significant Woodland and associated Significant Wildlife Habitat. In Ms. Khes’ opinion, the revised PSA before the Tribunal demonstrates the recommended 10-m buffer that will be implemented thus satisfies the concerns of the GRCA.

30Adjacent to the Site are two existing propane facilities of the western side of St.

George. These facilities are subject to the Technical Standards and Safety Authority

(“TSSA”). Concerning the risk associated with these two facilities, the Risk Contour Study was completed in March 2017, demonstrated to the risk of having a residential development within 340 m of the closest propane facility would result in a one-in-a-million worst-case scenario. It was Ms. Khes’ opinion that the risk involved with the Applications concerning the two propane facilities generally conform to the policies of the COP and OPA 8.

Overall Opinion

31It was Ms. Khes’ opinion that the Applications before the Tribunal have regard of provincial interest as per s. 2 of the Act. The Applications have demonstrated their consistency with the PPS and conforms to the Growth Plan.

32Additionally, it was Ms. Khes’ opinion that the Applications before the Tribunal conform to the COP including the OPA 8. The proposed Applications are in the public interest as they provide needed housing supply to the County and the Applications represent good land use planning.

FINDINGS AND ANALYSIS

33The Tribunal has reviewed the materials of the Applications and the land instruments presented. Based on the uncontroverted evidence in support of the Applications presented by Ms. Khes, the Tribunal agrees with the professional opinions of Ms. Khes pertaining to the planning instruments presented.

34The Tribunal finds that the Applications and planning instruments presented to the Tribunal are a matter of provincial interest as per s. 2 of the Act.

35The Tribunal finds that the planning instruments as presented are consistent with the PPS. The planning instruments conform to the Growth Plan and conforms to the COP and OPA 8.

36The Tribunal finds that the planning instruments are appropriate, are in the public interest and represent good land use planning. The Tribunal finds that the planning instruments should be approved in the form presented to the Tribunal.

ORDER

37THE TRIBUNAL ORDERS that the Appeals are allowed in part and the County of Brant By-law No. 61-16 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.

38THE TRIBUNAL ORDERS that the Appeal is allowed and the Draft Plan of Subdivision shown on the plan prepared by GSP Group dated September 28, 2023, comprising of 70 and 72 Beverly Street West, in the County of Brant is approved as set out in Attachment 2 to this Order.

39AND THE TRIBUNAL ORDERS that pursuant to section 51(56.1) of the Planning Act, the County of Brant shall have the authority to clear the Conditions of Draft Plan Approval as set out in Attachment 3 and to administer final approval of the Plan of Subdivision for the purposes of section 51(58) of the Planning Act. In the event there are any difficulties implementing any Conditions of Draft Plan

Approval, or if any changes are required to be made to the Draft Plan, the Tribunal may be spoken to.

“S. deBoer”

S. DEBOER MEMBER

Ontario Land Tribunal

Website: www.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

BY-LAW NUMBER XXX-23

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THE CORPORATION OF THE COUNTY OF BRANT

To further amend By-Law Number 61-16, being the Comprehensive Zoning By-Law for the County of Brant, as amended.

GSP Group, on behalf of Riverview Highlands (St. George) Holding Ltd.

70-72 Beverly Street West

WHEREAS Section 34 of The Planning Act authorizes the council of the County of Brant to pass By-Laws restricting the use of land and the erecting, locating, or using of buildings or structures, for or except for such purposes as set out in the Comprehensive Zoning By- Law, including that the Comprehensive Zoning By-Law may be amended.

AND WHEREAS Zoning By-Law Amendment Application ZBA5-18-RA was received from GSP Group on behalf of Riverview Highlands (St. George) Ltd., Part of Lot 8, Concession 2, Geographic Township of South Dumfries, and Part of Lot 6, Block H, Registered Plan 81, County of Brant, being all of PINs 320360498 and 320360250 and municipally known as 70-72 Beverly Street West, in the County of Brant, proposing to amend the Comprehensive Zoning By- law for the County of Brant, being By-law 61-16 as amended.

AND WHEREAS the application to amend the Comprehensive Zoning By-Law for the County of Brant seeks to change the present zoning of 70-72 Beverly Street West with respect to permissions for residential, commercial, and natural heritage zoning, as well as to apply a holding provision related to wastewater servicing capacity.

AND WHEREAS this application to amend the Comprehensive Zoning By-Law for the County of Brant is in conformity with the policies of Official Plan for the County of Brant (2012).

AND WHEREAS the Ontario Land Tribunal deems such an amendment to the County of Brant Zoning By-Law to be desirable for the future development and use of these lands.

NOW THEREFORE THE ONTARIO LAND TRIBUNAL HEREBY ENACTS AS FOLLOWS:

1. THAT Zoning By-Law 61-16, as amended, is hereby further amended insofar as the zoning of the subject lands as illustrated on Schedule 'A' attached to and forming part of this By-law, to be changed from the present Residential Singles and Semis (R2) and Agricultural (A) zoning to Special Exception Residential Singles (R1-52), Special Exception Residential Multiple High Density (RM3-26 and RM3-28), Open Space (OS2), Natural Heritage (NH), Special Exception Natural Heritage (NH-10), Recreational Facilities (OS2), and Special Exception Holding Provision Overlay (h-21).

2. THAT Section 8.7 "Special Exceptions RM3 Zone" of By-Law 61-16, as amended, is hereby further amended to add the following site-specific provisions:

RM3-26 (Block 35, 70-72 Beverly Street)

Notwithstanding any provision of this By-law to the contrary, within any area zoned RM3- 26 on Schedule "A" attached hereto, in addition to the uses permitted the RM3-22 zone the following uses shall be permitted:

Page 1 of 3

a) The permitted uses of the Neighbourhood Commercial (C1) and Mixed-Use Commercial (C5) Zones subject to the C5 Zone requirements, except that such a mixed-use building shall be subject to the following site-specific standards:

i. Lot Area (Minimum)

ii. Lot Frontage (Minimum)

1,800 square metres

30 metres

All other applicable provisions of the By-Law shall continue to apply;

3. THAT Section 8.7 "Special Exceptions RM3 Zone" of By-Law 61-16, as amended, is hereby further amended to add the following site-specific provisions:

RM3-28 (Block 34, 70-72 Beverly Street)

Notwithstanding any provision of this By-law to the contrary, within any area zoned RM3- 28 on Schedule "A" attached hereto, the provisions of RM3-22 Zone shall apply with the following exception:

a) A minimum street setback of 3 metres shall be permitted provided no part of the structure used as a garage is closer than 5m to the street, and

b) No minimum driveway width shall be required.

All other applicable provisions of the By-Law shall continue to apply;

4. THAT Section 15.1 Holding "h" Zone Provisions, Table 15.1.1, is hereby amended by adding the number attributed to this By-Law under the "By-Law No." column to apply the h-21 holding provision overlay to all lands zoned R1-52, RM3-26 and RM3-28 by this By- law.

5. THAT except as may have been amended by preceding regulations, the lands illustrated on Schedule 'A' attached to and forming part of this By-Law shall be subject to all other applicable regulations as set down in By-law 61-16, as may be further amended.

6. THAT the Ontario Land Tribunal authorizes the County of Brant, upon approval of this By-Law, to apply a By-Law Number to this By-Law for administrative purposes.

7. THAT this By-Law shall come into force on the final authorization thereof by the Ontario Land Tribunal subject to compliance with the provisions of The Planning Act, R.S.O., 1990, as amended from time-to-time.

This By-Law has been authorized and enacted as part of the decision rendered on Ontario Land Tribunal Case Number OLT-22-004179, issued on _

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15 OLT-22-004179

ATTACHMENT 2

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ATTACHMENT 3

3. That a Subdivision Agreement shall not be registered until all external infrastructure and services required for all or any phase of the Development are in place including but not limited to road improvements; municipal infrastructure including water supply, treatment and conveyance; sewage treatment and wastewater conveyance infrastructure; storm water conveyance and legal outlets. For the purpose of this condition, services being in place means that the infrastructure exists and is operational to the satisfaction of the County and that capacity in such infrastructure has been formally allocated by the County for use in connection with the plan. Phasing will be required to comply with the St. George Water/Wastewater Servicing Allocation Policy to be developed in 2024.

4. That the "h" holding zones shall not be removed and no building permits shall be issued until all external infrastructure, conveyance of any required road widening and services required for all or part of the Development are 'In Place' (as defined in Condition 3 including municipal water supply, treatment infrastructure, storm water and legal outlet, and sewage treatment and waste water infrastructure.

5. That removal of the "h" zoning provisions from the Subject Lands and/or the registration of the Subdivision is to be to the sole satisfaction of the County, including compliance with all the zoning regulations associated with the proposed zones.

6. That the Developer/ Owner acknowledges that the County must Complete a Municipal Class EA, at the sole cost of the Developer/ Owner or the Land Owner's Group, for the trunk sanitary sewer required to be constructed from the St. George Waste Water Treatment Facility to the Subject Lands. "Complete" means that the Municipal Class EA has been approved by Council, that the thirty (30) day review period has expired and subsequently that approval by the Ministry of Environment, Conservation and Parks has been issued. The Development shall be developed on full municipal services, including sanitary sewers, municipal water, urban storm water management practices and urban roads; and, following receipt of notice from the Local Planning Appeal Tribunal of the draft approval of the Subdivision, the Developer/ Owner shall negotiate with the County in the Development Agreements, financing arrangements which are satisfactory to the County and under which all costs associated with the design and construction of any required infrastructure are to be paid for by the Developer/ Owner, to the sole satisfaction of the County.

7. That the Development Agreements shall include provisions that all easements and blocks required for utilities, servicing and drainage purposes, both internal and external to the Development, including any easement required to convey storm water to a legal outlet, shall be granted and conveyed by the Developer/ Owner to the County and/or other appropriate authorities for nominal consideration free and clear of all encumbrances.

8. That the Developer / Owner provide the necessary easements and/or street dedications to the County for the extension of services from this Subdivision to the limits of the Subdivision at such time as requested by the County.

9. That the road allowances, road widenings and daylighting triangles, as determined by the County for all or part of the Subdivision, and as indicated on the Draft Plan shall be dedicated as public highways at no cost to the County, be constructed to the sole satisfaction of the County, and be free and clear of all encumbrances.

10. That the proposed streets be named to the sole satisfaction of the County and that 75% of the names shall be selected from the list of names of War Veterans, as provided by the County.

11. That 10% of the total number of lots/units proposed in the Subdivision shall be graded to meet the accessibility standards of the Ontario Building Code and Accessibility for Ontarians with Disabilities Act (AODA), as amended or updated to the date of the execution of any Development Agreements.

12. That prior to any site preparation, topsoil removal, grading, tree cutting or vegetation removal , the Developer/ Owner shall address the following items to the sole satisfaction of the County and the Grand River Conservation Authority (the "GRCA") where appropriate and pursuant to current legislation, in order to maintain, restore and enhance the natural heritage system and implement recommendations in the Environmental Impact Studies:

a. The Developer / Owner acknowledges and agrees that the construction of the Subdivision shall be in accordance with the recommendations of the March 20, 2018 Scoped Environmental Impact Study, or as amended, and the 2013 St. George Area Study - Natural Heritage Study Report prepared by Natural Resource Solutions Inc. which was prepared on behalf of the Developer/ Owner for the Subdivision.

b. Prior to any site preparation, topsoil removal, grading, tree cutting or vegetation removal, the Developer/ Owner shall submit, an Environmental Implementation Plan in accordance with the County of Brant Environmental Impact Studies (EIS) and Environmental Implementation Plans (EIP) Terms of Reference Submission Guidelines, that includes details on preservation, replacement and restoration plantings, mitigation measures and monitoring for the natural heritage system and water resource system including buffer areas to be retained. The Environmental Implementation Plan is to implement recommendations from the supporting Environmental Impact Studies as noted in clause (a) in addition to feedback from GRCA for the property and includes, but not be limited to, the following:

i. An update to the Environmental Impact Study, as required, on species at risk to ensure compliance with the Endangered Species Act and Species at Risk Act, as amended or updated to the date of the execution of any Development Agreements.

ii. A feature water balance be prepared to the satisfaction of the County of Brant and Grand River Conservation Authority. The water balance shall be interpreted as part of the EIP and the EIP shall include recommendations to mitigate any impacts.

iii. A site water balance be completed to the satisfaction of the County of Brant and Grand River Conservation Authority.

iv. A Tree Inventory and Preservation Plan (prepared by a Certified Arborist in accordance with the County of Brant Tree Protection Guide and approved by the County) specifying vegetation to be removed and retained. Mitigation measures to be implemented prior to, during and after construction to protect the natural heritage system including the buffer areas.

v. A Tree Compensation Plan shall be provided for any trees injured or destroyed. Where individual trees are removed with a diameter at breast height of 10cm or greater, the number of replacement trees shall be at a ratio equal to or greater than (A) two times the amount of trees Injured or Destroyed; (B) a ratio approved through an Environmental Impact Study, Environmental Implementation Plan, or similar; or (C) a ratio as established by guidelines approved by the Municipality.

vi. A native planting replacement and restoration plan for the natural heritage system including the buffer areas to include native trees, shrubs, plants, and seed mixes.

vii. An Erosion and Sedimentation Control Plan.

viii. A Spill Response Plan.

ix. A plan to remove and control invasive non-indigenous plant species.

x. A monitoring plan for the woodland and watercourses (pre, during and post construction), including recommendations for improvements, mitigation measures and implementation of recommendations made in the EIS.

xi. An Environmental Stewardship Plan including a homeowner information package and interpretive educational signage to be installed along trails in buffer areas and adjacent to significant features such as wildlife habitat.

xii. A pre-construction and post-construction, maintenance and monitoring program for the ecological management measures.

4

c. The Developer/ Owner shall provide a detailed cost estimate and financial securities for the completion of work to be completed as part of the Environmental Implementation Plan. Prior to servicing the Subject Lands, the Developer/ Owner shall submit a letter of credit to secure the completion of the required preservation, enhancement, and mitigation measures. The planting replacement and restoration plan approved as part of the Environmental Implementation Plan is to be initiated within 6 months of completion of servicing and completed according to the timelines identified in the approved Environmental Implementation Plan. The maintenance period of ecological enhancement and preservation measures will be for a period agreed upon to the sole satisfaction of the County and the GRCA.

d. Prior to any land clearing, grading or other site alteration, the Developer/ Owner shall install protective fencing, along the setback perimeter of the natural heritage system including the buffer areas within the Subject Lands to ensure no disturbance to the watercourses, valleys, vegetation and

woodlands to be retained.

e. Vegetation clearing associated with the Subdivision construction shall be in compliance with the Migratory Birds Convention Act, as amended or updated to the date of the execution of any Development Agreements, in that no clearing of vegetation on site is to occur during the bird breeding season (April 1 to August 31) unless it can be ascertained in writing by a qualified expert that no birds covered by the Act are observed to be breeding within or adjacent to the affected area.

f. Tree removal associated with the Subdivision construction shall be timed to avoid the bat active season from May 1 to September 30 to avoid impacts to individual species at risk bats that may be using the lands.

g. Prior to any site preparation, topsoil removal, grading, tree cutting or vegetation removal, the Developer/ Owner shall ensure compliance with the Endangered Species Act, as amended or updated to the date of the execution of any Development Agreements.

h. The Subdivision Agreement shall require the Developer/Owner to construct the subdivision in keeping with the recommendations of the March 2018 Scoped Environmental Impact Study, the October 2013 St. George Area Study Natural Heritage Study Report prepared by Natural Resource Solutions Inc., and the Environmental Implementation Plan to the sole satisfaction of the County and GRCA.

i. The Development Agreements shall include a provision that prior to the issuance of occupancy permits for the adjoining lots /blocks, the Developer/ Owner shall install permanent chain link fencing, along the common property boundary within 15 centimeters of the buffers of Open Space Block 36.

j. The Development Agreements shall include a provision that prior to the registration of the all or any part of the Subdivision, the Developer/ Owner shall install educational interpretive signage as per the Environmental Implementation Plan.

k. The Development Agreements shall include a provision that the Developer/ Owner prepare and include in all Agreements of Purchase and Sale a Homeowner Environmental Stewardship Brochure describing the natural attributes of the Subdivision and the importance of good stewardship practices to ensure the long-term health and sustainability of the watercourse and woodland. The Brochure shall highlight the advantages and responsibilities of a home or landowner living in the natural area.

l. The Development Agreements shall include that post construction maintenance and monitoring, as detailed in the Environmental Implementation Plan, shall be undertaken by the Developer/ Owner for at least 24 months from the date of substantial completion of the development, being the date when 90% has been completed. Once satisfactory maintenance and monitoring are completed by the Developer/ Owner, the County will assume any further monitoring, as warranted. The required transfer of the natural heritage blocks to the County shall not take place, following registration of the plan, until the Environmental Implementation Plan is implemented to the sole satisfaction of the County and the GRCA.

13. That prior to final registration of the Subdivision, the Developer/ Owner shall ensure that the Subject Lands are free and clear of all encumbrances related to the archaeological sites noted below. The County will consider the lands to be "free and clear" once copies of the compliant Stage 3 archaeological assessment and Stage 4 archaeological mitigation reports (as necessary) and copies of the Ontario Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) compliant letters for each report are provide to the County. To this end, the following matters are to be addressed, to the sole satisfaction of the County:

a. The Developer/ Owner shall retain an archaeologist, licensed by the MHSTCI under the provisions of the Ontario Heritage Act (R.S.O 1990, as amended or updated to the date of the execution of any Development Agreements) to complete further archaeological assessment and mitigation requirements for the Subject Lands.

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b. Nine (9) archaeological sites as identified in the Stage 1-2 archaeological assessment completed by Archaeological Services Inc. in February 2011, on behalf of the Developer / Owner retain further cultural heritage value or interest ("CHVI") on the Subject Lands and require Stage 3 archaeological assessment. The nine (9) archaeological sites are: AhHB-189, AhHb-190, AhHb-194, AhHb-197, AhHb-199, AhHb-200, AhHb-201, AhHb-209, and AhHb-210.

c. Where feasible for the development, archaeological sites should be avoided and protected from development impacts. A Stage 3 avoidance and protection plan shall be prepared for applicable archaeological sites as identified during the Stage 1-2 archaeological assessment for the Subject Lands. The avoidance and protection plan will be developed in accordance with the MHSTCI's 2011 Standards and Guidelines for Consultant Archaeologists, as amended or updated to the date of the execution of any Development Agreements.

d. Where avoidance and protection is not feasible, the applicable archaeological sites shall be subject to Stage 3 archaeological assessment to further evaluate CHVI. Stage 3 archaeological assessment shall be completed in accordance with the MHSTCI's 2011 Standards and Guidelines for Consultant Archaeologists, as amended or updated to the date of the execution of any Development Agreements.

e. Where archaeological sites subject to Stage 3 assessment continue to retain CHVI and require Stage 4 mitigation of development impacts, the Developer/ Owner shall first consider avoidance and protection of the archaeological site. A Stage 4 avoidance and protection plan shall be prepared for applicable archaeological sites as defined during Stage 3 archaeological assessment for the Subject Lands. The avoidance and protection plan will be developed in accordance with the MHSTCI's 2011 Standards and Guidelines for Consultant Archaeologists, as amended or updated to the date of the execution of any Development Agreements.

f. Where Stage 4 mitigation of development impacts by avoidance and protection is not feasible, the applicable archaeological sites shall be subject to Stage 4 mitigation by excavation. Stage 4 mitigation by excavation shall be completed in accordance with the MHSTCI's 2011 Standards and Guidelines for Consultant Archaeologists, as amended or updated to the date of the execution of any Development Agreements.

g. No demolition, construction, grading, or other soil disturbances shall take place on the subject property prior to the County receiving the relevant MHSTCI compliant letters for the nine (9) archaeological sites indicating that the MHSTCI's archaeological licensing and technical review requirements have been satisfied. However, based on the preparation of Stage 3 and/or Stage 4 avoidance and protection plans, some demolition, construction, grading, or other soil disturbances may be permitted in specific areas of the Subject Lands provided avoidance and protection buffers have been adequately identified and demarcated and applicable work is monitored, as required, by a licensed archaeologist.

h. Engagement with Indigenous communities interested in the Subject Land is required in accordance with the MHSTCI's 2011 Standards and Guidelines for Consultant Archaeologists, as amended or updated to the date of the execution of any Development Agreements and their Engaging Aboriginal Communities in Archaeology: A Draft Technical Bulletin for Consultant Archaeologists in Ontario, as amended or updated to the date of the execution of any Development Agreements. At minimum, it is expected that the Six Nations of the Grand River and the Mississaugas of the Credit First Nation will be included in the archaeological engagement process. The County anticipates that other Indigenous communities may express interest in the Subject Lands and the Developer/ Owner shall consider further accommodation for engagement with such groups and communities.

i. No site alterations or soil disturbances of the Subject Lands shall be permitted on any protected portions as identified in the Stage 3 or 4 avoidance and protection plan.

14. That no earth moving, tree removal, grubbing activities and any other site works shall be undertaken on the Subject Lands until the Developer/ Owner has entered into the Development Agreements. No servicing of the Development or any other work will be permitted without the execution and registration of the Development Agreements which includes provision for security and $5.0 million public liability insurance and all required provincial and agency approvals. This works prohibition excludes normal maintenance and those interim grading and servicing works which are specifically permitted by a Site Alteration Permit and/or Pre-Servicing Agreement entered into with the County. In order for the Developer/ Owner to undertake any interim grading and servicing works under such a Site Alteration Permit and/or Pre- Servicing Agreement, the following items must be addressed and/or provided to the sole satisfaction of the County:

a. Archaeological Potential Report and Assessment and proof that it has been accepted by the Ontario Ministry of Heritage, Sport, Tourism and Culture Industries;

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b. Detailed servicing, drainage and grading plan for the Subject Lands;

c. Interim stormwater control plan for the Subject Lands;

d. Erosion and sediment control plan for the Subject Lands;

e. Public Works permit (if applicable);

f. Interim road care plan;

g. Haul Road Designation if materials are to be removed from the Subject Lands;

h. Hydrogeological and geotechnical reports;

i. Dust control plan;

j. Securities to address and implement any necessary measures noted in the above plans and reports;

k. Liability Insurance; and,

l. Environmental Implementation Plan

m. Conservation Authority Permit, if applicable;

n. Environmental Compliance Approvals, if applicable;

o. Form 1 - Record of Watermains Authorized as a Future Alteration

15. That prior to any interim grading and servicing works under a Site Alteration Permit and/or Pre-Servicing Agreement under Condition 14, the Developer/ Owner provides a full report on the archaeological significance of the Subject Lands in accordance with Condition 13, and the County is advised by letter from the Ontario Ministry of Heritage, Sport, Tourism and Culture Industries that the Ministry is satisfied and has no objection to the development of the Subdivision or to its final approval for registration. Even if there is no Site Alteration Permit and/or Pre- Servicing Agreement, this requirement will also be addressed in all Development Agreements.

16. That prior to any interim grading and servicing works under a Pre-Servicing Agreement under Condition 14, the Developer/ Owner provides an Environmental Implementation Plan to the County. Even if there is no Pre-Servicing Agreement, this requirement will also be addressed in all Development Agreements.

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17. That the Development Agreements shall satisfy all of the County's requirements, financial and otherwise, concerning the provisions and installation of associated municipal works both within and external to the Subject Lands and may include but not limited to securing the works to be done by an irrevocable letter of credit and payment of municipal fees, development charges, road works, street lights, underground services, drainage works, storm water management, fencing, parkland development, landscaping and other matters that may be specified by the County.

18. That the Development Agreements shall provide that, prior to any grading or construction on the Subject Lands and the final approval for registration of the Subdivision, the Developer/ Owner shall submit and obtain approval from the County and from the GRCA of the following plans and reports:

a. A detailed Stormwater Management Report in accordance with the 2003 Ministry of Environment, Conservation and Parks Report entitled, "Stormwater Management Practices, Planning and Design Manual", as amended or updated to the date of the execution of any Development Agreements. The report will also address the need to convey storm waters to a proper legal drainage outlet, to the sole satisfaction of the County, in consultation with the GRCA;

b. The Stormwater Management Report shall include a design for the conveyance of Regional Storm flows, as determined by the 2003 Ministry of Environment, Conservation and Parks Report entitled, "Stormwater Management Practices, Planning and Design Manual", and the County's Development and Engineering Standards, both as amended or updated to the date of the execution of any Development Agreements, from Beverly Street West/Highway #5 in the vicinity of Street A. The design shall be coordinated with the County's requirements of the adjacent development and good engineering practice;

c. An erosion and siltation control plan must be prepared in accordance with the Erosion and Sediment Control Guide for Urban Construction prepared by Toronto and Region Conservation Authority, 2006 as amended or updated to the date of the execution of any Development Agreements;

d. Detailed lot grading and drainage plans;

e. An Application for Permission pursuant to the GRCA's Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, Ontario Regulation 150/06 as amended or updated to the date of the execution of any Development Agreements, if required;

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f. The Developer/ Owner shall prepare a Hydrogeological Report, to the sole satisfaction of the County and the GRCA, that contains the results of a groundwater quality and quantity monitoring program identifying the baseline conditions of water quality, quantity and groundwater levels a minimum of two years in advance of the start of construction for the Subdivision. The Developer will agree to implement recommendations of the Report. In addition, any additional costs incurred by the County for their existing monitoring program as a result of the proposed works shall be borne by the Developer/ Owner.

g. The Developer/ Owner shall prepare an Environmental Implementation Plan, to the sole satisfaction of the County and the GRCA, as outlined in Condition 12, that more thoroughly demonstrates how the recommendations outlined in the Environmental Impact Studies and other supporting technical studies will be implemented. The Environmental Implementation Plan shall identify the opportunities to maintain, restore and improve the natural heritage system in addition to the hydrologic conditions within the woodland and watercourse features.

19. That the Development Agreements will include a requirement that the Developer/ Owner shall ensure that no stockpiles of fill shall be placed or any overland drainage patterns be altered on the west, east and south sides of the Subject Lands within 30 meters of the property boundary unless otherwise approved by the County. That all stockpiles shall be encircled with appropriate silt fence. The height of any stockpiles of fill shall not exceed 6 meters in height. Any stockpile with greater than a 2 to 1 slope shall be fenced and such areas shall be posted as being dangerous.

20. That the Development Agreements shall require that the Developer/ Owner is to maintain the Subject Lands in a safe and satisfactory condition, free of debris, weeds and other such materials, until the Subdivision is fully developed and all servicing that has been installed is assumed by the County as contemplated by the Development Agreements.

21. That the Development Agreements shall provide that each offer of purchase of any or all of the Subdivision shall contain a caution to the purchaser of the following:

a. That no alteration of the drainage plan for the property or surrounding properties is permitted without the express written approval of the County;

b. That no buildings or structures, including but not limited to any dwelling, accessory structure, fence, swimming pool, shall be erected on or over any easement required due to this Development; and

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c. That the purchaser on occasion may be subject to noise, odour and dust and other normal farm practices due to the proximity of existing agricultural operations.

22. That the Development Agreements shall require that the Developer/ Owner engage the services of a qualified Landscape Architect to develop a landscaping program to meet County requirements as outlined in the Official Plan and for the landscaping of the Development, including lands within the municipal right of way, and trail blocks. Any planting materials shall be of native species in accordance with the County's Recommended Plant Species list.

23. That the Development Agreements shall require that, prior to registration of the Subdivision, the telecommunications, natural gas supply, electrical utilities and any other public utility company are to advise the County that they are satisfied with the servicing arrangements between the Developer/ Owner and the telecommunications, natural gas supply, electrical utilities and any other public utility company.

24. That the Development Agreements shall include provisions so that the requirements of Bell Canada are satisfied prior to registration and final approval of the Subdivision. To this end, the following matters are to be addressed:

a. The Owner shall agree in the Development Agreements, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for Telecommunication services. Easements may be requires 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.

b. 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.

25. That the Development Agreements shall include provisions so that the requirements of Energy+ Inc. GrandBridge Energy Inc. and Hydro One are satisfied prior to registration and final approval of the Subdivision. To this end, the following matters are to be addressed:

a. The Owner/Applicant will be required to enter into Agreements with GrandBridge Energy or Energy+ Inc. and Hydro One to establish the terms and conditions of electrical service, including the financial requirements for servicing the residential units in the plan.

b. The Owner/applicant must grant easements to the satisfaction of GrandBridge Energy or Energy+ Inc. and Hydro One.

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c. That the County of Brant be advised by GrandBridge Energy or Energy+ Inc. and Hydro One that our conditions have been satisfied.

26. That the Development Agreements shall include provisions so that the requirements of the GRCA are satisfied prior to registration and final approval of the Subdivision. To this end, the following matters are to be addressed prior to final approval of the Subdivision:

a. The Developer/ Owner clearly identifies and quantifies the changes to the water budget and hydroperiod of the woodland and watercourses to demonstrate there will be no negative impacts on the hydrology and ecologic function of the woodland and watercourse.

b. The Developer/ Owner shall develop and implement a monitoring program, to the sole satisfaction of the County and the GRCA where appropriate and pursuant to current legislation, as part of the Environmental Implementation Plan. The monitoring program shall assess the efficacy of recommended mitigation measures, including restoration and enhancement efforts. The monitoring period must cover the preconstruction, during construction and post construction stages. Feature specific thresholds shall be established to determine when adaptive management actions will be implemented, should they be required, to remedy impacts to features and functions of the woodlands and watercourses.

27. That the Development Agreements shall require that, prior to registration of the Subdivision, Canada Post is to advise the County that it is satisfied with the servicing arrangements between the Developer/ Owner and the Canada Post.

28. That the Development Agreements shall include language to ensure that the Developer/ Owner is responsible for the decommissioning of any boreholes drilled on the Development as part of a hydrogeological investigation, or for any other subsurface investigation and for decommissioning any wells located on the Development in accordance with the requirements of the Ontario Water Resources Act and Ministry of the Environment, Conservation and Parks guidelines; and for any additional steps as may be required in order to obtain and forward to the County a certificate of a licensed Professional Engineer certifying such decommissioning has been done on the Development.

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29. That the Development Agreements shall provide for the Developer/ Owner's consent to the County, at the County's sole discretion, employing the services of a peer review consultant to review all reports along with all engineering drawings related to infrastructure and transportation systems relating to the Subdivision, and possible off-site impacts related to such infrastructure and the transportation systems on the surrounding neighbourhoods. At the time of the execution of the first of the Development Agreements, the Developer/ Owner shall pay any and all such peer review costs incurred by the County to that date and, in the Development Agreements, the Developer/ Owner shall commit to paying all such peer review costs incurred by the County thereafter. In connection with these peer reviews, the County will provide the Developer/ Owner with a schedule of peer review consultant rates and sufficient billing details for each peer review task.

30. That prior to the final registration of the Subdivision, the Developer/ Owner shall have a qualified professional engineer prepare a Noise Study to the sole satisfaction of the County. The scope of the study shall be developed in consultation with the County. To this end, the following matters are to be addressed:

a. That the Developer/ Owner shall have a qualified engineer investigate the need for acoustical shielding along Beverly Street West/Highway #5 for proposed development and the recommendations contained in the Noise Study be implemented through the Development Agreements, to the sole satisfaction of the County. Should such shielding be necessary, it shall be built to the sole satisfaction of the County at the expense of the Developer. The need for noise attenuation for new development shall only be considered as a last resort and after giving consideration to increased setbacks from noise sources and appropriate zoning adjacent to noise sources. Any noise barriers shall be located on the lands being developed and not on the municipal road allowances, and shall be maintained by the Developer/ Owner and subsequent owners.

b. The traffic and road noise analysis in the Noise Study shall be completed using Ontario Road Noise Analysis Method for Environment and Transportation (ORNAMENT) or the STAMSON Model.

c. The Development Agreements shall provide that each offer of purchase of the Subdivision shall contain a caution to the purchaser that no alteration of the acoustical shield for the property or surrounding properties, and/or building or buildings, is permitted without the express written approval of the County. Also, maintenance and replacement of any acoustical shielding shall be at the sole cost and responsibility of the landowner.

d. The Development Agreements shall include the following "warning clause", as required:

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i. Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.

31. That the Development Agreements shall provide that, prior to any work commencing on the Subject Lands, save and except grading and servicing works permitted by a Site Alteration Permit and/or Pre-Servicing Agreement under Condition 14, the Developer/ Owner must confirm that sufficient wire-line communication, telecommunication infrastructure is available within the Subject Lands to provide communication/telecommunication service for the Development. In the event that such infrastructure is not available, the Development Agreements shall require the Developer/ Owner to pay for the connection to and/or extension of the existing communication, telecommunication infrastructure.

32. That the Development Agreements shall include provisions so that the requirements of the County, in consultation with the GRCA where appropriate, have been satisfied prior to the final approval of the Subdivision. To this end, the following matters are to be addressed:

a. That the Developer/ Owner installs trees at a minimum of 1 tree per lot frontage and 2 trees per lot flankage, being 50mm in caliper DBH, and of a native species as listed in the County's Recommended Plant Species List, to the sole satisfaction of the County.

b. That the Developer/ Owner be required to reconstruct all roads to the sole satisfaction of the County of Brant if installing underground services. The cost of the rehabilitation of the roads and the installation of services beyond those which are accounted for in the Development Charges Background Study will be the sole financial responsibility of the Developer/ Owner.

c. All costs for the reconstruction urbanization, additional turn lanes, sidewalk, boulevard features, drainage features, intersection improvements, signalizations, roundabouts and/or widening of Beverly Street West/Highway #5, required to facilitate the development beyond those which are accounted for in the Development Charges Background Study and identified in the May 16, 2013 Traffic Assessment and February 28, 2022 Traffic Brief, , will be the sole financial responsibility of the Developer/ Owner.

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d. The Developer / Owner is to pay for and install street lighting that is to be located along the proposed streets/intersections and Beverly Street West/Highway #5, as required and to the sole satisfaction of the County. The Developer/ Owner will be required to regrade the frontages of the Subject Lands to ensure that a sight distance consistent with the TAC Manual, as amended or updated to the date of the execution of any Development Agreements, is provided and to allow for proper road drainage.

e. Relocation of any existing infrastructure, such as but not limited to, hydro poles and Bell pedestals, shall be at the sole expense of the Developer/ Owner.

f. The Developer/ Owner will be required to provide and install underground services (including the burial of existing hydro services or new hydro services required for the development) to the sole satisfaction of the County.

g. The Developer / Owner shall be responsible for the relocation of any streetlights along Beverly Street West/Highway #5, that are deemed necessary by the County due to the development of the Subject Lands.

h. The Developer / Owner shall construct a sidewalk on Beverly Street West/Highway #5 along the frontage of the entire property connecting to the existing sidewalk westerly on Beverly Street West/Highway #5 at Scott Street.

i. The Geotechnical Investigation shall encompass all of the Subject Lands and be to the sole satisfaction of the County, in consultation with the GRCA.

j. The Hydrogeological Investigation shall encompass all of the Subject Lands and shall be acceptable to the County, in consultation with the Ministry of the Environment, Conservation and Parks.

k. The Developer/ Owner acknowledges that the County will prepare, at the sole expense of the Developer / Owner, an update to the St. George Water Distribution System Model to determine if there is adequate water supply and pressure for fire protection and potable water to accommodate the Development.

l. The Developer/ Owner acknowledges that the County will prepare, at the sole expense of the Developer / Owner, an update to the St. George Waste Water Servicing System Model to determine if there is adequate capacity in the sanitary servicing system to accommodate the Development.

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m. The Developer/ Owner will provide to the County and Operations & Maintenance Manual and 10-Year Maintenance Plan, including budgetary cost estimates following the approval of the design package for the Stormwater Management Ponds and/or LID infrastructure.

n. The Developer/ Owner shall design and construct to County standards:

i. all on-site and off-site storm water conveyance and Storm Water Management Facility including a legal outlet for storm water; and,

ii. all on-site and off-site sewage conveyance and sewage treatment facilities; and,

iii. all on-site and off-site water supply and conveyance system facilities; and,

iv. all on-site and off-site transportation facilities and/or any improvements capable of servicing the Development. In the Development Agreements the Developer/ Owner will agree to pay for and to post security to cover the cost of all maintenance and repairs of such facilities until the expiration of all maintenance periods provided for in the Development Agreements and until such facilities are accepted and assumed by the County under the terms of the Development Agreements. If necessary, as determined by the County, the County will install, operate, maintain some or all of such facilities services at the Developer/ Owner's expense and if this is necessary the Developer/ Owner will enter into an agreement with the County for this purpose until such facilities are accepted and assumed by the County under the terms of the Development Agreements.

o. The Developer/ Owner shall be responsible for providing the County with the necessary data, in a format required by the County, to ensure compliance with PSAB 3150.

p. Approval of the drawings for the Subdivision shall be in accordance with this Schedule and the draft conditions of approval of the Subdivision and such requirement shall be included in the Development Agreements and shall be consistent with the County's Development and Engineering Standards and good engineering practices.

q. That the Developer/Owner shall be responsible for all winter maintenance, including costs, until the County has assumed the roads within the Plan of Subdivision.

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33. Prior to the final registration of the Subdivision, the Developer/ Owner shall have a qualified professional engineer prepare an update to the May 16, 2013 Traffic Assessment and February 28, 2022 Traffic Brief, in the form of an addendum or a new study, as determined by the County at its sole satisfaction, providing an analysis of traffic flow within the Subdivision as well as key area intersections and area roadways. The scope of the study shall be developed in consultation with the County. All costs associated with the preparation and submission of the study will be at the sole expense of the Developer / Owner.

a. An updated study shall be required prior to registration of of the subdivision should a period of greater than 5 years pass from the date of the draft plan approval.

b. The updated study shall take into account the development of Empire Communities (St. George) Ltd. lands as well as Losani Homes (1998) Ltd., Riverview Highlands (St. George) Holdings Ltd., Brant Star Developments Ltd., 2482074 Ontario Inc. and any other applicable developments in accordance with the County's Traffic Impact Study guidelines, as amended.

c. The study shall include a description of the trip distribution having regard for past area studies, existing traffic and recommendations of the County's Transportation Master Plan (as amended or updated to the date of the execution of any Development Agreements) and completed Class EAs.

d. The updated study shall identify required road and intersection improvements required to accommodate the proposed development with guidance on the timing of those improvements based on the number and location of lots constructed.

e. The updated study shall provide for the proposed development, the required subdivision staging, traffic signage, pavement markings, parking restrictions, and traffic calming measures in accordance with the County's Brant Safe Streets Program and the County's Development and Engineering Standards, as amended. These works will be the sole financial responsibility of the Developer/ Owner.

f. The updated study shall include an analysis of the Subdivision internal road network, with guidance on implementing the recommendations of the County's Transportation Master Plan (as amended or updated to the date of the execution of any Development Agreements) and any Class EAs completed in regards to the transportation network in the area of St. George.

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34. That prior to the final registration of the Subdivision, the Developer/ Owner shall provide to the General Manager of Development Services or its designate, through an Ontario Land Surveyor, a written confirmation that all proposed lots, blocks and units meet the minimum lot and/or unit area and frontage requirements of the County's applicable Zoning By-Law, as amended or updated to the date of the execution of any Development Agreements.

35. That the Development Agreements shall require the Developer/ Owner to deposit Mylars and digital copies of the Plan of Subdivision, to the sole satisfaction of the County. The digital copies shall be submitted in ESRI compatible format, such as shapefile or file geodatabase.

36. That prior to the final registration of the Subdivision, the Developer/ Owner's surveyor shall submit to the County horizontal coordinates of all boundary monuments for the approved Subdivision, to the sole satisfaction of the County.

37. That the Development Agreements shall include provisions for the completion and maintenance of all works in accordance with the approved plans and reports set out in this Schedule or in the conditions of draft approval for the Subdivision.

38. That the Development Agreements shall be registered by the Developer/ Owner against the lands to which each applies and the Developer/ Owner shall provide the County with the required notice and documentation of such registration.

39. That at any time prior to final approval of the Subdivision, the County may ask for additional information or material that the County may consider it needs.

40. That the County's Development Charges and Surcharges are payable in accordance with the applicable County Development Charges By-Law, as amended or updated to the date of the execution of any Development Agreements.

41. That the Development Agreements shall provide that, at any time and from time to time prior to final approval of the Subdivision and specifically at the time of registration of the Subdivision, the Developer/ Owner shall provide proof to the County that the requirements of the Environmental Protection Act, as amended or updated to the date of the execution of any Development Agreements have been complied with.

42. That the Developer/ Owner provides cash-in-lieu of parkland dedication to the County of Brant in accordance with the Parkland Dedication By-law and the Official Plan.

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43. That the Developer/ Owner shall design and establish the trails network, to the sole satisfaction of the County and the GRCA prior to the registration of the Subdivision.

44. That the Developer/ Owner shall provide a Parking Plan for each phase/stage of the Subdivision to the County for approval prior to the final registration of the plan.

45. That the Subject Lands be appropriately zoned for their intended use prior to final approval of the Draft Plan.

46. That prior to final approval of the Subdivision, the Developer/ Owner shall enter into one or more cost sharing or similar agreements with other developers of abutting lands or other development lands in close proximity, known as the "Land Owners Group" to ensure the provision of, or funding for the community and common facilities (such as, without limitation, municipal services and public roads) as required by the County and also with regard to any other cost sharing obligations reflected within these conditions. An executed copy of such agreement shall be provided to the County. It is understood and acknowledged by the Developer/ Owner that the County shall retain the absolute discretion to determine the specifications required for the construction of all community and common facilities that will be subject to such agreement. The Developer/ Owner acknowledges and agrees that the County shall not be obligated, required or demanded to release the Subdivision or any phase thereof until the Developer/ Owner has obtained and provided a certificate confirming that it has entered into such cost sharing agreements or made alternative arrangements and satisfied any obligations outlined in the cost sharing agreements to the satisfaction of the escrow agent or Trustee of the Land Owners Group.

47. That the Developer/Owner install fencing to be determined through detailed Engineering Review, to the satisfaction of the County.

48. At least 90 days prior to final approval of the Subdivision, the County of Brant is to be advised in writing by the Developer/ Owner, as to the manner by which Conditions 1 through 56 have been satisfied.

49. Pursuant to Section 51(32) of the Planning Act, draft plan approval, together with all conditions, shall lapse three (3) years from the date of the granting of original draft plan approval by the Local Planning Appeal Tribunal, should final approval not be given.

50. The Developer/ Owner agrees to notify the County at least six (6) months in advance of the lapse date for any phase of the Subdivision of its intention with respect to seeking an extension of the applicable approval. This condition will be diligently reviewed by the County should the Developer/ Owner intends to extend the lapsing date.

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51. That prior to the final approval of the Subdivision, the Developer/ Owner may apply for a Conditional Building Permit to allow for a maximum of five (5) Model Homes and/or a temporary sales trailer to be constructed on the Subject Lands, subject to the requirements of a Building Permit application and the execution of the County's agreement as to establishment of such model homes.

NOTES TO DRAFT PLAN APPROVAL:

a. It is the Developer/ Owner's responsibility to fulfill the conditions of draft plan approval and to ensure that the required clearance letters are submitted to the County of Brant by the appropriate agencies.

b. The final plan approved by the County of Brant must be registered within 30 days of final clearance by the County or the County may withdraw its approval pursuant to Section 51 (59) of the Planning Act.

c. As noted above in the conditions, the County will require registration of the Development Agreements against the Subject Lands, to which it applies, as notice to prospective purchasers and in priority to the registration of any and all other agreements, security interests, liens, Charges, mortgages or other instruments.

d. The Developer/ Owner shall be responsible for notifying the County of Brant at least six (6) months in advance of any lapse date of its intention with respect to the extension of draft plan approval of the Plan of Subdivision.

e. For certainty, any reference to final registration of the Subdivision shall refer to that portion of the Subject Lands which the Developer/ Owner is seeking to have registered at that particular time and not the entirety of the lands owned by the Developer/ Owner.

P:115052 - Beverly Street St Georgeldocuments\05 OLT Hearing\Witness Statements\Appendix 6 Final Conditions of Draft Plan Approval - Riverview Highlands Dec 11 2023.docx

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