Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 17, 2025 CASE NO(S).: OLT-24-001237

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

Applicant and Appellant: Losani Homes (1998) Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a residential community with a range and mix of housing types. Reference Number: PZ-09-22 Property Address: 544 Shellard Lane Municipality: Brantford OLT Case No.: OLT-24-001237 OLT Lead Case No.: OLT-24-001237 OLT Case Name: Losani Homes (1998) Ltd. v. Brantford (City)

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

Applicant and Appellant: Losani Homes (1998) Ltd. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a residential community with a range and mix of housing types. Reference Number: 29T-22502 Property Address: 544 Shellard Lane Municipality: Brantford OLT Case No.: OLT-24-001238 OLT Lead Case No.: OLT-24-001237

Heard: Written

APPEARANCES:

Parties	Counsel
Losani Homes (1998) Ltd. ("Losani/Applicant/Appellant")	Jennifer Meader
City of Brantford	Jessica De Marinis Geoff Daley
Shellbrant Developments Ltd.	Meaghan McDermid

DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This Decision and Order arises from the Settlement documents received regarding the appeals filed by the Appellant pursuant to s. 34(11) and s. 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, on the failure of the City of Brantford Council to make a decision on an application for a Zoning By-law Amendment ("ZBA") and a draft Plan of Subdivision ("DPS").

2The Subject Land is municipally known as 544 Shellard Lane located in the southwestern portion of the City.

3The Site-Specific ZBA and DPS seek to permit a residential community with a range and mix of housing types including street townhouses, block townhouses, back-to-back townhouses, and multiple residential buildings. The revised DPS provides for approximately 273 townhouse units of various formats, and 216 units in multiple residential apartment buildings, for a total of approximately 489 units on the Subject Lands and provides for a trail connection, outdoor amenity space, open space, and stormwater management facilities, as well as public road connections to Shellard Lane and the adjacent emerging residential development to the east.

4The Tribunal received correspondence that a settlement on the ZBA and DPS had been reached between the Parties. The Parties made a request that the Tribunal review the settlement materials and approve the proposed planning instruments via a written settlement Decision.

5In accordance with Rule 21.1, Power to Hold Hearing Events by Written Submissions in the Tribunal's Rules of Practice and Procedure, which states:

6The Tribunal may conduct the whole or any part of a hearing event in writing, unless a party satisfies the Tribunal that there is good reason for not doing so. Notice of a written hearing will be sent only to the known parties and participants.

LEGISLATIVE FRAMEWORK

7When considering appeals filed pursuant to sections 34(11) and 51(34) of the Act, the Tribunal must have regard to matters of provincial interest as set out in section 2 of the Act. Decisions of the Tribunal affecting planning matters must conform to the Provincial Planning Statement, 2024 ("PPS 2024"), and in this matter, to the City of Brantford Official Plan ("OP").

SITE CONTEXT AND HISTORY OF THE APPLICATION

8The land comprises of a total area of 9.383 hectares ("ha") (23.23 acres) and are currently used for agricultural purposes, with no buildings or structures. The surrounding area is characterized as an emerging community with a planned elementary school, library, community centre and park. Planned amenities in the area include a sports complex, cricket pitch, soccer field, pickleball courts, multi-use court, walking trails, playgrounds, splash pad and other facilities.

9The initial DPS included five blocks for multiple residential development, a stormwater management block, a trail connection, open space blocks and a new collector road extending from the adjacent plan of subdivision and connecting to Shellard Lane. The initial applications proposed approximately 618-706 units.

10The Applications were revised several times through resubmissions to the City. The final version of the DPS dated June 16, 2025, continues to include five blocks for multiple residential development, a stormwater management block, a trail connection, open space blocks and a new collector road extending from the adjacent plan of subdivision and connecting to Shellard Lane. The final version of the DPS has been designed to accommodate approximately 489 units with a net density of 65.6 units per ha and 152.3 people and jobs per ha.

11The applications were appealed in December 2024 on the basis of a non-decision by Brantford City Council.

PLANNING EVIDENCE

12The Tribunal had before it the written Affidavit of Emily Elliott a full member of the Canadian Institute of Planners and the Ontario Professional Planners Institute and a Registered Professional Planner in Ontario. She is a land use planner with 15 years of experience and has been directly involved in providing planning services with respect to the Subject Lands since 2010. The Tribunal considers her qualified to provide opinion evidence in Land Use Planning.

[Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)

13Having reviewed the planning rationale from Ms. Elliot the Tribunal finds that the Applications have regard for matters of provincial interest by protecting natural areas, features and functions located on the Subject Lands as well as having all natural heritage features and appropriate buffers contained within the Open Space blocks.

14The Proposed Development represents the phased progression of a residential development in a greenfield area of the City adequately serviced through municipal water, wastewater and stormwater services as well as the extension of a Collector Road through the Subject Lands to its terminus at Shellard Lane.

15The Subject Lands are considered to be an appropriate location for growth and development and designed to accommodate a range of multiple residential unit types, including townhouses, back-to-back townhouses and apartments, which will contribute to the range and mix of housing types offered in the City.

16The Proposed Development will promote a well-designed built form that includes a high quality, attractive and vibrant public space and supports the future expansion of public transit facilities within this area of the City.

Plan of Subdivision Application s. 51(34)

17In her written Affidavit Ms. Elliot states that the DPS has been designed as an integrated community that is comprised of blocks intended for multiple residential development, trails, open space, stormwater management facilities which will blend seamlessly with the adjacent community.

18It was Ms. Elliott's opinion that the DPS has been designed to contribute to a complete, vibrant and healthy community which connects network of streets, sidewalks and trails that provide attractive streetscapes and enhance overall connectivity. Densities generally intensify from the internal public road, with street fronting townhouses and direct driveway access, to higher density residential blocks located to the northwest limit of the site, and east of the public road.

19With reference to Section 51(24,) within her written testimony, Ms. Elliot demonstrated that DPS meets the criteria under Sections 51 (24) subsection (a) through (m).

20Section 51(25) Attachment 3 to this Decision outlines more specifically the Conditions proposed. The Tribunal agrees with the opinion of Ms. Elliot in her written submission that the Conditions are reasonable and relevant given the nature of the proposed development.

Provincial Planning Statement (2024)

21The Subject Lands are located within a settlement area and are considered to be within a designated growth area. Land use patterns within the proposed development is based on densities and a mix of land uses which efficiently use land and resources; optimize existing and planning infrastructure and public service facilities; support active transportation and are transit supportive and establishes a proposed density of approximately 152.3 residents and jobs per ha, which exceeds the target of the PPS 2024.

City of Brantford Official Plan ("OP")

22The Tribunal read that the settlement proposal ensures there will be no negative impact on the natural heritage features or their functions. The Proposed Development represents an efficient form of development in the City's greenfield area that is adequately serviced with municipal infrastructure and reflects the logical extension of the community.

23The Proposed Development includes a range of housing types, including townhouses, back-to-back townhouses, and an apartment which will contribute to the diversity of housing in the area that proximate to a range of amenities and services, including public parks planned on lands to the east, as well as the planned community centre, school, library and sports complex.

24The DPS accommodates a multi-modal transportation system that includes a new Minor Collector Road designed with sidewalks on both sides and opportunities for bike lanes and expansion of future public transit infrastructure. The proposed road provides access to Shellard Lane which features a multi-use trail and bus-stops. Further, a trail connection is proposed to the adjacent public trail.

25The northern portion of the Subject Lands are identified as being within Core Natural Areas. Section 4.2.ii. provides that the Core Natural Areas provide an important structural element throughout the entire City, and generally identify areas where development will be prohibited in order to protect significant natural heritage features and their associated ecological functions. Development is not proposed within the portion of the Subject Lands that forms part of the Core Natural Areas. All natural heritage features, and associated buffers, are within Open Space Blocks on the DPS.

26Blocks 1, 2, 3 and 4 are proposed to be developed with a combination of street, block and back-to-back townhouses which will be a maximum of three storeys in height. Townhouse dwellings are considered to be either Low-or Mid-Rise Residential buildings, per section 5.2.1c) and g) of the Official Plan.

27Blocks 1 and 3 are proposed to be developed with street townhouse dwellings which will have individual accesses on Street A, which is designed as a Minor Collector Road. Blocks 2 and 4 are proposed to be developed with block and back-to-back townhouses which have access to a private road connected to Street A. Section 5.2.1g) provides that townhouse dwellings are considered to be mid-rise buildings.

28Block 5 is proposed for High-Rise Residential buildings. Block 5 is planned to be developed with two eight storey buildings containing 216 units. Block 5 is located at the northeast corner of Shellard Lane and the proposed Street A and is of a sufficient size to accommodate adequate landscaping, amenity features, buffering and on-site parking and waste collection.

29The portions of the Subject Lands that are within the Floodplain are almost entirely within Open Space Blocks. As development is not proposed within the floodplain, there will be no risk to the public associated with the floodplain.

30The Tribunal finds that the proposed development will result in a new neighbourhood that is pedestrian friendly and integrated with the surrounding planned community and the natural heritage system. The proposed development conforms to the Brantford Official Plan.

City of Brantford Zoning By-law

31On September 24, 2024, City Council passed a new Comprehensive Zoning By-law No. 124-2024 which zones the Subject Lands as Greenfield Neighbourhood Low Rise and Core Natural. Through correspondence prior to Council's passing of the new CZBL, the Appellant requested revisions to the CZBL to reflect the proposed zoning for the subdivision, with appropriate site-specific regulations. Those requested revisions were not implemented in the CZBL.

32The proposed site specific ZBA seeks to rezone the Subject Lands from Greenfield Neighbourhood Low-Rise ("GNLR"), Open Space ("OS") and Core Natural ("N") zoning to new zoning categories with appropriate site-specific regulations to facilitate development of the DPS.

33The Tribunal finds that the proposed zoning reflects land use designations of the Official Plan and establishes appropriate zones and regulations to facilitate the development of the DPS as follows:

[34] The ZBA proposes to zone the Subject Lands as follows: a. Blocks 1 and 3 are proposed to be zoned GLNR-20 b. Block 2 is proposed to be zoned GLNR-21 c. Block 4 is proposed to be zoned GLNR-22 d. Block 5 is proposed to be zoned Residential High Rise ("RHR")-15 e. Blocks 6-8 are proposed to be zoned N f. Block 9, the stormwater management facility, is proposed to be zoned OS

Conclusion

35The Tribunal having considered the written uncontested planning opinion evidence of Emily Elliot in support of the settlement, is satisfied that the ZBA and DPS meet all applicable statutory tests and is in the public interest and constitutes good planning.

36The Tribunal finds the proposed DPS Conditions are reasonable, relevant and necessary when considering the nature of the Proposed Development.

37The Tribunal notes that Losani appealed to the Tribunal on the basis of a failure to make a decision on the ZBA and DPS, is the appeal before the Tribunal and of which have been assigned Ontario Land Tribunal ("OLT") File Nos. OLT-24-0001237 and OLT-24-0001238 ("Private Appeals").

38It was noted that Losani also appealed the City's CZBL No. 124-2024 , that has been assigned OLT Lead Case No. OLT-24-001085 which was scoped site-specifically to lands owned by Losani, including the Subject Lands, on a without prejudice basis through Tribunal Order, dated July 24, 2025.

ORDER

39THE TRIBUNAL ORDERS THAT that Losani's Comprehensive Zoning By-law appeal is allowed, in part and without prejudice to the remaining appeals of the City's Comprehensive Zoning By-law.

40THE TRIBUNAL ORDERS THAT the Zoning By-law Amendment is approved in accordance with Attachment 1 attached hereto, in the format of, and as an amendment to, the new Comprehensive Zoning By-law No. 124-2024 (OLT Lead Case No. OLT-24001085). The Tribunal authorizes the municipal clerk of the City of Brantford to format and assign a number to this By-law for record keeping purposes.

41THE TRIBUNAL ORDERS THAT the appeal is allowed, and the draft plan shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited dated September 29, 2021, comprising Part of Blocks 4 and 5 Kerr Tract, Township of Brantford in the City of Brantford Regional Municipality of Brant, set out in Attachment 2 is hereby approved subject to the Conditions of Draft Plan Approval which are set out in Attachment 3 to this Order.

42THE TRIBUNAL ORDERS THAT pursuant to subsection 51(56.1) of the Planning Act ("Act"), that the City of Brantford shall have the authority to clear the Conditions of Approval found at Attachment 3 and give final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act, subject to subsection 51(56.2) of the Act.

43The Tribunal may be spoken to should any matters arise respecting the implementation of this Order.

"D. Chipman"

D. CHIPMAN 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

ZONING BY-LAW AMENDMENT

EXPLANATORY NOTE TO BY-LAW No. XX-2025

This By-law amends the new Comprehensive Zoning By-law, known as By-law No. 124- 2024. This By-law applies to the lands which are located at 544 Shellard Land. The lands have an area of approximately 9.7 ha and currently have no existing buildings. This amendment will facilitate the development of a residential subdivision consisting of approximately 495 residential units, comprised of 35 street townhouses fronting onto a public road, 240 street and back-to-back townhouses fronting onto a private road, and 220 apartment dwelling units housed within two 30 m tall apartment buildings.

File No.: PZ-09-22 Applicant: Losani Homes (1998) Ltd.

BY-LAW No. XX-2025 OF

THE CORPORATION OF THE CITY OF BRANTFORD

By-law to amend By-law No. 124-2024, the Comprehensive Zoning By-law for the City of Brantford, as amended, being a By-law to regulate the use of lands and the location, erecting and use of buildings and structures in the City of Brantford.

WHEREAS the Council of The Corporation of The City of Brantford desires that By-law No. 124-2024, as amended, be further amended as hereinafter set out;

AND WHEREAS such an amendment will be within the terms and intent of the City of Brantford Official Plan;

NOW THEREFORE the Council of The Corporation of the City of Brantford, under the provisions of Section 34 of the Planning Act R.S.O 1990, c. P.13, hereby enacts that Comprehensive Zoning By-law 124-2024, as amended, be further amended as follows:

1. THAT Schedule A Zone Maps be amended as illustrated in Figure 1 and changed from "N" and "GNLR" to "GNLR-20", "GNLR-21", "GNLR-22", "RHR-15", "OS" and "N" for 544 Shellard Lane.

Figure 1

2. THAT Section 7.5.3 be amended by adding the following:

"GNLR-20 – 544 Shellard Lane Special Provisions

• Street Townhouses
• Minimum rear yard: 6.0 metres
• Maximum building height: 12.5 metres
• All other requirements of the By-law shall apply."

GNLR-21 – 544 Shellard Lane Special Provisions

• Street Townhouses (no direct access to a public street)
• Minimum lot frontage: 5.48 metres
• Notwithstanding the minimum lot frontage requirements, no more than 20% of the units may have a minimum lot frontage of less than 5.48 metres and no less than 4.6 metres.
• Minimum lot area: 110 metres squared
• Minimum rear yard: 5.0 metres
• Minimum private amenity space: 23 metres squared
• Maximum building height: 12.5 metres
• Minimum front yard to the main wall: 4.5 metres
• Section 7.5.2c) shall not apply
• Back to Back townhouses (no direct access to a public street)
• Minimum lot area: 74 metres squared
• Minimum lot depth: 12.4m
• Maximum building height: 12.5 metres
• Minimum front yard to the main wall: 4.5 metres
• Section 7.5.2c) shall not apply
• All other requirements of the By-law shall apply.

GNLR-22 – 544 Shellard Lane Special Provisions

• Street Townhouses (no direct access to a public street)
• Minimum lot frontage: 5.48 metres
• Notwithstanding the minimum lot frontage requirements, no more than 30% of the units may have a minimum lot frontage of less than 5.48 metres and no less than 4.6 metres.
• Minimum lot area: 110 square metres
• Minimum rear yard: 5.0 metres
• Minimum private amenity space: 23 square metres
• Maximum building height: 12.5 metres
• Minimum front yard to the main wall: 4.5 metres
• Section 7.5.2c) shall not apply
• Back to Back townhouses (no direct access to a public street)
• Minimum lot area: 74 square metres
• Minimum lot depth: 12.4 metres
• Maximum building height: 12.5 metres
• Minimum front yard to the main wall: 4.5 metres
• Section 7.5.2c) shall not apply
• All other requirements of the By-law shall apply."

3. THAT Section 7.8.3 be amended by adding the following: "RHR-15 – 544 Shellard Lane Special Provisions

• Apartment Dwellings
• Notwithstanding anything to the contrary, Sections 7.8.2a) and e) shall not apply.
• Notwithstanding Table 5.13.a long-term bicycle parking spaces shall be required at a rate of 0.25 spaces per dwelling unit.
• Maximum building height: 30 m
• All other requirements of the By-law shall apply."

4. THAT this By-law shall become effective from and after the date of passing thereof.

Attachment 2

PROPOSED DRAFT PLAN OF SUBDIVISION

Attachment 3

CITY OF BRANTFORD DRAFT PLAN OF SUBDIVISION CONDITIONS

Conditions Relating to Draft Plan of Subdivision 29T-22502

1. This approval applies to the Draft Plan of Subdivision ("Plan") prepared by MHBC Planning Ltd., dated June 16, 2025, for a total of 12 Blocks as listed below:

• Blocks 1 and 3: Up to 35 Street Townhouse dwelling units fronting onto a public road;
• Blocks 2 and 4: Up to 240 Street and Back-to-Back Townhouse dwelling units fronting onto a private road
• Block 5: Apartment buildings consisting of up to 220 dwelling units;
• Block 6: Trail;
• Blocks 7-8: Open space;
• Block 9: Stormwater management;
• Blocks 10-12: Reserves (0.3m); and
• Street 'A'.
• A 7.5 m x 7.5 m daylight triangle at the northeast quadrant of
• Shellard Lane at Street 'A'

2. Unless otherwise stated, all conditions listed below shall be addressed to the satisfaction of the City and at no cost to the City of Brantford, sometimes referred to by these Conditions as the "City" or "municipality".

3. The Owner shall agree to enter into and register on title to the lands of the Draft Plan, a Subdivision Agreement with the City of Brantford, to the satisfaction of the Commissioner of Community Development.

4. The Owner shall agree to provide all easements (either as temporary or permanent), and convey all lands, as may be required for but not limited to access, infrastructure, utility or drainage purposes to the appropriate authority, to the satisfaction of the Commissioner of Community Development.

5. The Owner shall agree to convey to the City as shown on the Final Plan, Block 6 as a trail, Blocks 7-8 for Open Space purposes and Block 9 for a Stormwater management facility. Said conveyances to be in fee simple and free of encumbrances, and upon conveyance shall not be landlocked, which may require the consolidation of adjacent Blocks and shall include provision for access to the Blocks to the satisfaction of the City.

6. Prior to registration, the final plan of subdivision shall include a detailed lotting plan for Blocks 1 and 3 within the draft plan, to the satisfaction of the Commissioner of Community Development.

7. Each phase of the plan of subdivision shall not be registered until the Owner submits a draft of the registered "M" Plan showing the final lot layout for all lots, and lot-less blocks, to the satisfaction of the Commissioner of Community Development.

8. The Owner agrees to provide a Phasing Plan for the review and approval of the Commissioner of Community Development and the Fire Chief, if the registration is planned to be phased. The phasing plan shall provide for a mix of dwelling unit types and shall ensure that no development shall occur on a street exceeding 250 metres in length without the provision of a second municipal access constructed to the satisfaction of the Commissioner of Community Development, and the Fire Chief. The owner shall further agree to the following: a. The Owner agrees that the first phase shall include all lands to be conveyed to the City of Brantford. b. The Owner agrees that the first phase shall include the construction of all of Street A between Shellard Lane and the future Strickland Avenue roundabout and related infrastructure to the satisfaction of the Commissioner of Community Development. The Owner agrees that where infrastructure is required to be installed outside of the Phase to be registered, the Owner shall provide to the City easements as required by and to the satisfaction of the Commissioner of Community Development.

9. The Owner shall agree that all units shown within the Draft Plan will be connected to full municipal services, to the satisfaction of the Commissioner of Community Development.

10. The Owner shall agree to satisfy all requirements, financial and otherwise, of the City of Brantford, including those related to the following matters: a. Municipal services. b. Lot grading. c. Drainage. d. Stormwater management in accordance with current Provincial guidelines, and low impact stormwater management development practices including stringent control of storm discharge from the development including spill containment. e. The implementation of infiltration practices in the overall Stormwater Management scheme to maintain the existing water balance/ groundwater regime and to protect groundwater dependent natural features. f. Boulevard tree planting internal and external to the Plan. g. Engineering Plan and Profile Drawings. h. Protection and maintenance of Environmental Features i. Curbs, gutters, and sidewalks on both sides of municipal roads in accordance with the requirements of the City inclusive of connection to Shellard Lane. j. Prepayment in perpetuity toward the future maintenance costs of any required retaining walls on municipal lands. k. An electrical design from a consulting engineer to be provided to GrandBridge Energy for review and approval. l. A lighting plan showing the proposed street light locations and details regarding the proposed light standards, including any required illumination of walkway blocks and trail connections. m. CPTED Principles for all proposed lands to be conveyed to the City including but not limited to landscaped area's, stormwater management pond, trail connection, etc., n. Implementation of the Trail on Block 7 including a connection to the existing trail external to the plan. o. Secure utilities (hydro, telecommunication and gas) necessary to service the Plan. p. Control of erosion, sediment and dust during and post construction. q. Payment of applicable Development Charges. r. Notification of purchasers of the applicable development charges. s. The responsibility to decommission any wells or septic systems in accordance with current Provincial guidelines. Noise and Vibration attenuation.

Roads

11. The Owner shall agree to construct Street A to the satisfaction of the Commissioner of Community Development.

12. The Owner shall agree that all road allowances shown on the Draft Plan will be designed in accordance with the current requirements of the City of Brantford, including the ability to accommodate different modes of transportation, and will be dedicated to the City as public highways and named to the satisfaction of the Commissioner of Community Development.

13. The Owner shall agree to the following right of way widths as shown on the draft plan: Street A 24.5 metres

14. The Owner shall agree to provide Street A as a continuous 24.5m Right of Way and that Street A is aligned with Gillespie Drive. Should the Owner be required to acquire lands to the south/west of the plan, the Owner shall be responsible financially or otherwise to provide all legal plans and documents as may be required to transact on said lands.

15. The Owner shall agree to construct all roads to the satisfaction of the Commissioner of Community Development. Vehicular access to Blocks 2 & 4, shall be private driveways, aligned at the centerline of each other along Street 'A' to the satisfaction of the Commissioner of Community Development.

16. The Owner shall be responsible for constructing and implementing all necessary traffic improvements in accordance with the recommendations of the municipally approved Traffic/Transportation Impact Study or as deemed necessary during detailed design of the subdivision, and as per current requirements of the City of Brantford, to the satisfaction of the Commissioner of Community Development.

17. Prior to registration and at their expense, the Owner shall provide a transportation management plan for the subdivision to the satisfaction of the Commissioner of Community Development, and agrees to the following: a. Provide and install all temporary pavement markings and regulatory traffic and street identification signage, deemed necessary for safe passage prior to the commencement of any building or the erection of any structure in accordance with City Specifications or Standards. It shall be noted that all pavement markings related to pedestrian crossovers must be visible in order for the pedestrian crossover to be enforceable under the Highway Traffic Act, and as such a durable marking product is suggested; b. Provide and install all permanent regulatory, warning, informational and parking signage or devices prior to the occupancy of any dwelling unit by their respective owners or tenants; c. Provide and install all permanent transverse markings using approved durable material; d. Maintain on an annual basis or as required by the Commissioner of Community Development, at the Owners expense, all pavement markings. e. Provide any reserved cycling lane signage and install pavement markings immediately following the final lift of asphalt.

18. a. The Owner shall agree and be responsible for submission of the Transportation Design Study, and the construction and implementation of all necessary transportation improvements, including but not limited to Vision Zero principles, those identified in the Transportation Master Plan or other relevant studies with the timing for said construction to be completed as required, to the satisfaction of the Commissioner of Community Development. b. Traffic calming measures identified by staff on the approved plans such as speed cushions and raised pedestrian crossovers must be installed and coordinated based on occupancy and cannot be put off until top lift of asphalt is installed, since there could be a significant time lapse between these events.

19. The Owner shall agree to cover 50% of the installation costs of traffic control signals at the intersection of Shellard Lane at Street 'A'/ Gilespie Drive, including pavement markings and signage, with the timing of said improvements to the satisfaction of the Commissioner of Community Development.

20. Prior to submission of the Final Plan, the Owner shall agree to identify all required 0.3m reserves and daylight triangles on the Final Plan, and shall agree to convey these in fee simple, free of encumbrance and at no cost to the municipality to the satisfaction of the Commissioner of Community Development. Note: daylight triangles are to be conveyed to the City as part of the public right of way.

21. The Owner shall agree to show on the Final Plan and convey to the City all 0.3 metre road reserves as follows to the satisfaction of the Commissioner of Community Development: a. Along all daylight triangles shown on the plan inclusive of 45.7m minimum reserve tails on each side of the daylight triangle at Shellard Lane and Street A; b. Along the Block 2 frontage to Street A save and except for one (1) opening for proposed driveway access; c. Along the Block 4 frontage to Street A save and except for one (1) openings for proposed driveway access and one (1) opening for emergency access. d. Blocks 2 & 4 shall have the driveways aligned at the centerline where intersecting Street 'A'

22. That prior to submission of the Final Plan, the Owner shall agree to prepare and submit an On-Street Parking Plan that provides on-street parking at a minimum ratio of one on-street parking space for every two freehold dwelling units along Street 'A' to the satisfaction of the Commissioner of Community Development. The Owner further agrees that On-Street Parking shall be evenly distributed through the Draft Plan, to the satisfaction of the Commissioner of Community Development.

23. That the Owner shall agree to provide and install two (2) transit pads and bus shelters, with the locations to the satisfaction of the Commissioner of Community Development. The Owner further agrees that if it is determined by the City that the installation of transit pads and bus shelters does not coincide with the Corporation's Transit planning forecast, that the Owner pay to the Corporation the sum of monies agreed to by the Owner and the Commissioner of Community Development for the installation of said Transit Pads and Bus Shelters in lieu of installing such.

24. That the Owner shall agree and be responsible for traffic calming initiatives and/or Cash in Lieu of traffic calming, or refundable securities in an amount not to exceed $20,000.00 to ensure any necessary traffic calming improvements can be accommodated for at no cost to the City, either installed by the Public Works Commission, or installed by the Owner to the satisfaction of the Commissioner of Community Development.

Servicing, Grading, Geotechnical & Stormwater Management

25. The Owner agrees than, prior to registration of any phase within the plan, to enter into a landowner agreement with the owner of the adjacent lands to the north/east (West Brant Heights Subdivision) as it relates to servicing, stormwater management, roads, earthworks, and other infrastructure, as required, to the satisfaction of the General Manager, Public Works.

26. The Owner shall agree to prepare and submit for the approval of the Commissioner of Community Development, an Engineering Site Servicing Plan showing all proposed grading and servicing. In addition, the Owner shall agree to pay for any servicing improvements off-site, consistent with local service policies or master servicing plan, necessitated to service the subject lands, including the upgrading of all (if any) undersized conveyance infrastructure.

27. The Owner shall agree to enter into an Easement agreement for any easement regarding the City's stormwater infrastructure, to the satisfaction of the Commissioner of Community Development. Any Storm Water Management easement along the northern limits of Block 3 and 4 shall result in a maximum ultimate width of 10 m.

28. The Owner shall prepare Engineering Plan & Profile drawings to be submitted for review and approval to the satisfaction of the Commissioner of Community Development.

29. The Owner shall agree to the City's Consultant undertaking water and sanitary modeling to determine if there is sufficient capacity and that there will be no negative impact on the City's distribution system to the satisfaction of the Commissioner of Community Development. The Owner will be required to pay for all costs of the modeling prior to the modeling being completed. The Owner further agrees to be responsible, financial and otherwise, for the implementation of all modeling recommendations required for the development of the plan.

30. The Owner shall prepare and submit for the approval of the Commissioner of Community Development, a detailed Final Servicing Report (FSR) in accordance with current provincial and City guidelines.

31. The Owner shall prepare, and submit for the approval of the Commissioner of Community Development, a detailed Stormwater Management Report and Plan, in accordance with the City of Brantford Consolidated Linear Infrastructure Environmental Compliance Approval guidelines and associated design criteria and current provincial guidelines to address quality, quantity attenuation, water balance and thermal requirements.

32. The Owner agrees to construct, the proposed storm water management (SWM) facilities required in connection with this development. The Owner further agrees to maintain on a regular basis, and as required, the said storm water management facilities, at no cost to the municipality, to the satisfaction of the Commissioner of Community Development, until assumption of all contributing subdivisions. a. The SWM facility shall be designed with the same principles as West Brant Heights Subdivision (Quality, Quantity, Erosion Threshold Unitarian Discharge rates, Thermal, etc.) b. The Owner shall design and construct a continuous 5 m wide minimum maintenance access road from a municipal street for large vehicles (tri-axle and vacuum trucks) to safely enter and exit the SWM facility block in a forward manner.

33. The Owner agrees to prepare an operation and maintenance manual in accordance with City of Branford Consolidated Linear Infrastructure Environmental Compliance Approval Number 063-S701 and current provincial guidelines including the Provincial Water Quality objectives, for any proposed storm water management facilities and appurtenances, to the satisfaction of the Commissioner of Community Development, and provided to the municipality prior to final assumption of pond for maintenance purposes by the municipality. The Owner further agrees to provide a ½ Day field training day to review the SWM Facility and Operation and Maintenance manual/procedures with City Staff.

34. The Owner agrees to establish and undertake a monitoring program for stormwater management, specifically addressing quality and quantity control as well as temperature for a minimum period of 2 years post development and to administer the monitoring program until final assumption, to the satisfaction of the Commissioner of Community Development.

35. The Owner shall prepare and submit a geotechnical report to the satisfaction of the Commissioner of Community Development, which evaluates the requirements for engineered fill, footing design, foundation type, soil consolidation and settlement monitoring, servicing and road design. a. The Owner further agrees to undertake a settlement monitoring program for the lands inclusive of Street A and provide report back to the city in the prescribed intervals as determined within the settlement monitoring program requirements.

36. The Owner shall prepare and submit a hydrogeological report to the satisfaction of the Commissioner of Community Development., which evaluates the groundwater regime (inclusive of the seasonally high groundwater elevation), provides recommendations as it relates to water balance and opportunities for implementation of Low Impact Development Stormwater Management techniques and recommendations for building construction.

37. The Owner shall ensure that all residential basements will be 1.0 metres above the high groundwater level to the satisfaction of the Commissioner of Community Development.

38. The Owner shall prepare and submit detailed lot grading and drainage plans, to the satisfaction of the Commissioner of Community Development.

39. The Owner shall agree that no grading, removal of soil, trees or other vegetation, or the construction or placement of any other works, shall take place on any lands in accordance with Site Alteration By-law 29- 2023 and without the written approval of the Commissioner of Community Development.

40. Prior to any grading or construction on the site and prior to registration of the plan, the Owner shall submit an erosion and sedimentation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction, to the satisfaction of the Commissioner of Community Development. The Erosion and Sediment Control Plan must be prepared in accordance with the 'Erosion and Sedimentation Control Plan Design Requirements' as contained in the Toronto and Region Conservation Authorities "Erosion and Sediment Control Guide for Urban Construction" published in 2019.

41. The Owner shall provide a qualified inspector satisfactory to the Commissioner of Community Development, to inspect the site during all phases of development and construction including grading, servicing and building constructions. The inspector shall monitor and inspect erosion and sediment control measures and procedures, in accordance with the approved Erosion and Sedimentation Control Plan. The inspector shall report on its findings to the City on a monthly basis or as required by the Commissioner of Community Development.

42. That the Owner shall provide to the Commissioner of Community Development, a report prepared by a qualified engineer and/or geoscientist following completion of the storm water management facilities, that details how any measures required to control stormwater quantity, quality, thermal mitigation and achieve a water balance have been constructed, and report on the performance expected from the facilities based on as built conditions.

43. The Owner agrees that any proposed final grading shall eliminate retaining walls, unless approved otherwise by the City. Construction details and notes, materials descriptions, location and dimensions including top and bottom of wall elevations, heights and length of all retaining walls approved by the City shall be provided in the detailed engineering plans and be stamped by a professional engineer registered in the Province of Ontario. The approved retaining walls shall include drainage systems with positive outlets, shall not permit surface drainage to drain over the top of wall and where there is an option shall be located on private property instead of public property. a. The Owner acknowledges and agrees that circumstances which the City would consider publicly owned retaining walls are only for the preservation of environmental features (Trees, NHS, etc.)

44. Where there is a retaining wall proposed on public lands and approved by the Commissioner of Community Development, the Owner shall agree to provide the City with a one-time financial contribution for future maintenance, repair and any future replacement of the proposed retaining walls. This fee shall be fee contribution based on a present value cost and a 50-year life cycle as approved by the Commissioner of Community Development.

45. Where there is a retaining wall proposed on private lands and approved by the Commissioner of Community Development, the Owner shall agree that all components of the wall including, but not limited to, the granular base foundation support, drainage pipes and fencing required for development of lots and blocks within the Plan must be located completely within private property. The Owner further agrees that property owners will own the walls and have full responsibility for the required maintenance, repair or replacement of the retaining walls.

46. The Owner shall, prior to the construction of the proposed water supply system, submit a Ministry of the Environment, Conservation and Parks "Form 1 – Record of Watermains - Authorized as a Future Alteration", and appropriate supporting information, to the Corporation. The Application must be approved by the Corporation prior to construction of the proposed water supply system.

Parkland, Open Space and Landscaping

47. The Owner shall prepare and submit for the approval of the Commissioner of Community Development, an Arborist Report, and a Tree Inventory and Preservation Protection Plan in accordance with current provincial and City policy.

48. The Owner agrees to carry out and implement the recommendations contained in the Arborist's Report and Tree Protection Plan at the Owner's expense, to the satisfaction of the Commissioner of Community Development. The Owner further acknowledges that a component of the Tree Protection Plan shall demonstrate that additional grading measures are explored to ensure the maximum retention of existing trees on and adjacent to the site.

49. The Owner shall submit a Vegetation Management and/ Protection Plan, for the lands that will be impacted and any external lands which are subject to disturbance under the provisions of this approval prior to any disturbance or grading of the site and prior to registration of the Final Plan; the above noted study / plan shall identify all existing trees and vegetation proposed to be removed or impacted as a result of the development of the subject lands and include re-planting / restoration requirements, to the satisfaction of the Commissioner of Community Development. The Owner should be made aware that the City of Brantford Tree Bylaw (94-2024) will apply to trees located within City Owned Lands, and the Private Tree By-law (95-2024) will apply to trees as identified in the by-law for any removal or disturbance to trees.

50. The Owner shall agree to provide/implement a tree replacement ratio as per Schedule B of respective tree bylaws 94-2024 and 95-2024 for all applicable trees which are removed, disturbed or damaged as a result of the development, as confirmed by a qualified Arborist, replacement trees shall be planted by the Owner within the Plan or at other locations approved by the City. If extenuating circumstances do not allow for the complete implementation of this requirement and where the City is in agreement that all other reasonable options have been exhausted, cash in lieu may be provided to secure the requirement to the satisfaction of the Commissioner of Community Development

51. The Owner shall agree to provide/implement a tree replacement ratio of 1:1 where Tree By-laws 94-2024 and 95-2024 do not apply, to the satisfaction of the Commissioner of Community Development. This ratio represents for every one (1) tree that is removed, disturbed or damaged as a result of the development, as confirmed by a qualified Arborist, one (1 )tree shall be planted by the Owner within the Plan or at other locations approved by the City. If extenuating circumstances do not allow for the complete implementation of this requirement and where the City is in agreement that all other reasonable options have been exhausted, cash in lieu may be provided to secure the requirement to the satisfaction of the Commissioner of Community Development.

52. The Owner shall agree to provide and implement a Post-Construction Tree Monitoring Plan to ensure the health, vitality and structure of retained trees (inclusive of Boundary and neighboring trees) on and adjacent to the site. The Post-Construction Tree Monitoring Plan shall be prepared by a qualified Arborist to the satisfaction of the Commissioner of Community Development.

53. That the Owner shall provide a contribution towards parkland dedication in the form of either cash-in-lieu of parkland or parkland at a rate of 5% in accordance with Section 42 of the Planning Act, R.S.O. 1990 and City of Brantford By-law 139-2022, as amended or its successor.

54. The Owner shall agree to submit detailed grading and landscape/restoration plans prepared by a certified Landscape Architect and implement grading and landscaping plans for the Open Space Blocks, Trail Block, Stormwater Management Facility Block and any lands which are disturbed as a result of the development of the Plan (Internal or External to the Plan) as well as 'As Built' grading plans for said Blocks to the satisfaction of the Commissioner of Community Development. a. Landscaping and Restoration plantings shall have regards for both the Environmental Impact Study and Environmental Implementation Report recommendations, including but not limited to, the planting of a diversity of native species and provision of habitat for local wildlife. b. Landscaping and Restoration plans shall enhance environmental linkage and features of the D'Aubigny Creek Wetland Complex to reduce fragmentation of these features and their associated ecological benefits.

55. The Owner shall agree to maintain in accordance with current City standards the Open Space Blocks, Trail Block and Stormwater Management Facility Block, to the satisfaction of the Commissioner of Community Development, until such time as the City assumes the said Blocks.

56. The Owner shall agree to install fencing to the City's current standard along all residential property lines that abut lands to be conveyed to the City, and in any other locations determined by the City, to the satisfaction and in accordance with the timing schedule agreed to by the Commissioner of Community Development. The Owner further acknowledges that there shall be no gates or informal access points permitted into the Open Space Blocks that will be conveyed to the City.

57. That prior to Final Approval, the Owner shall agree to provide, at the Owner's expense, an appropriate paved pedestrian trail/walkway, within Block 6 and connecting to adjacent lands, to the satisfaction of the Commissioner of Community Development. A detailed trail/development plan must be submitted for approval by the Commissioner of Community Development prior to registration of the Final Plan.

58. The Owner shall agree to construct the trail/walkway within Block 6 and connecting to adjacent lands at their expense, in accordance with the timing schedule agreed to by the Commissioner of Community Development and shall bear responsibility for all costs related to the design and construction of the trails/walkways.

59. The Owner shall agree to provide and install, to the satisfaction of the Commissioner of Community Development, the following: a. Informational signage explaining the use and function of the Stormwater Management facility at all Street Frontages once Rough Grading is completed (Two (2) signs will be required). b. interpretive signage relating to the natural features, including but not limited to wetlands, woodlands and wildlife/wildlife habitat which exist in the area. Two (2) signs will be required for D'Aubigney Creek Wetland Complex, Two (2) signs will be required for D'Aubginey Creek, One (1) sign will be required for woodlands and One (1) sign will be required for wildlife/wildlife habitat. c. Stormwater Management Safety Signage around the stormwater management facility at all street frontage and walkway entrances once rough grading is completed (4 Total "Stay off the Ice" signs and 4 Total Pond Safety Signs)

60. The Owner shall agree to submit a street tree planting plan, prepared by a Landscape Architect, in accordance with current City standards and at their expense provide boulevard trees along the streets as well as replacement plantings within the areas identified as Open Space to the satisfaction of the Commissioner of Community Development.

Natural Heritage

61. The Owner implement the recommendations contained in the Environmental Impact Study (EIS), prepared by Geoprocess Research Associates, dated November 12, 2024, at the Owner's expense, to the satisfaction of the Commissioner of Community Development.

62. Prior to any grading or construction on or in relation to the Plan and prior to registration of the Plan, the Owner shall submit for approval by the Commissioner of Community Development an Environmental Implementation Report (EIR) which shall be comprehensive and integrate information from disciplines including hydrogeology, ecology, climate change impacts and hydrology/stormwater management. The EIR shall include recommendations from the Environmental Impact Study and D'Aubigney Creek Subwatershed Studies.

63. The Owner shall carry out and implement the recommendations contained within the Environmental Implementation Report (EIR) at the Owner's expense, to the satisfaction of the Commissioner of Community Development. a. The Owner further acknowledges and agrees that a component of the EIR shall provide for an invasive species management plan which regards the Ontario Invasive Plant Council's best practices for any NHS lands, NHS Compensation lands, Wetland or Woodland buffers, Wetlands, and Woodlots, Trails and Stormwater Management Ponds and that the Owner shall be responsible financial and otherwise for the implementation of the invasive species management plan as directed by the City. b. The Owner further acknowledges that specific mitigation measures pertaining to limiting residual effects of wildlife being subject to construction noise be recommended and shall indicate placement of limits on construction at sunrise and sunset. c. The Owner further acknowledges that impacts to trees and other vegetation and associated buffers within or adjacent to the subject property (i.e. including but not limited to City Owned property) associated with grading servicing or others works are identified, along with any associated mitigation and /or restoration practices. d. The Owner acknowledges that restoration plantings shall include both Eastern Hemlock (Tsuga Canadensis) and Butternut (Juglans cinerea) trees species (pure, no hybrids or cultivated varieties) as species to be planted on landscaping plans within the Provincially Significant Wetland Setback/Buffer zone as identified in Map 5 of the Environmental Impact Statement. e. The Owner acknowledges that bat habitat mitigation measures shall include both removals of snags outside of May 1 to September 30th (maternity season and spring/fall emergence and swarming seasons) and the provision of two (2) bat boxes within the 10-meter woodland setback. f. The Owner acknowledges that bird habitat mitigation measures shall include vegetation and tree clearing between October 1st – April 30th to avoid impacts to breeding birds and that locations for bird boxes and avian perch poles are proposed within the woodland and Provincially Significant Wetland Setbacks. g. The Owner acknowledges that a vegetated 10-meter woodland buffer is designed, provided and planted to mimic natural successional edges using successional bands for significant woodlands retained within Open Space Block 8. h. The Owner acknowledges that restoration must be proposed in lieu of encroachment to the 30-meter wetland buffer within Open Space Blocks 7 and 8 from grading and shall be designed to be naturalized with native species to continue to function as a buffer from the development. i. The Owner acknowledges that Open Space blocks currently consisting of open grasses are to be designed such that they are enhanced by the planting of native meadow species to support pollinators and that mowing of areas shall be avoided.

64. The Owner shall provide a qualified environmental inspector to inspect the site during all phases of development and construction including grading, servicing and building construction. The Environmental inspector shall monitor and inspect compliance with the approved monitoring programs contained within the EIR to the satisfaction of the Commissioner of Community Development.

65. The Owner shall agree to undertake the mitigation measures identified in the Environmental Implementation Report at the Owner's expense. Should the monitoring programs identify any adverse impacts as a result of the subdivision development and construction the Owner shall be responsible for developing and implementing a remediation plan subject to the approval of the City and any other appropriate regulatory bodies (i.e. The GRCA, MNRF, MECP, etc.).

66. The Owner shall agree to be responsible for the costs of maintenance of the landscape works on municipal lands, until such time the subdivision agreement has been assumed.

67. Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a. A detailed Stormwater Management Report in accordance with the 2003 Ministry of Environment Report entitled, "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Functional Servicing & Stormwater Management Report (Revised December 2023, S. Llewellyn & Associates Limited Consulting Engineers) b. Detailed Lot Grading and Drainage Plans showing existing and proposed grades. c. An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d. The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit from the GRCA prior to any grading within the regulated area.

Other

68. The Owner shall produce and distribute a Community Information Pamphlet, including (but not limited to) information regarding the community land uses, fencing, trails, Natural Heritage Blocks and Compensation Areas, parks, stormwater management facilities, parking restrictions, community mailbox locations, future neighboring land uses, environmental features within adjacent open spaces and other information that may be requested by the Commissioner of Community Development.

69. The Owner shall obtain owner authorization of all lands where development is proposed, to the satisfaction of the Commissioner of Community Development.

70. The Owner shall provide an updated Noise Impact Study and implement the recommendations of the Noise Impact Study at their expense for blocks not subject to a future site plan control application, to the satisfaction of the Commissioner of Community Development. a. The Owner further acknowledges and agrees that a noise impact study shall assess the impacts of internal collector roads within the plan and provide additional warning clauses and mitigation as may be required. b. The Owner shall assess Shellard Lane Traffic to a 2051 horizon within the required noise impact study.

71. The Owner agrees that prior to issuance of a building permit, the Owner shall provide to the City, certification from a qualified acoustical consultant that any required noise control measures have been incorporated into the builder's plans.

72. That prior to Final Approval, the Owner shall agree to provide certification by an Ontario Land Surveyor confirming that the proposed blocks are in conformity with the provisions and requirements of the City of Brantford Zoning By-law 124-24, as amended, or its successor.

73. That prior to Final Approval of this Plan, the Commissioner of Community Development is to confirm that the appropriate zoning is in force and effect to reflect the intended uses of the land within the Draft Plan.

74. The Owner shall provide a clearance letter from the Ministry of Tourism, Culture, and Sport verifying that their requirements have been satisfied as an Archaeological Study was conducted, and that all recommendations of that study were carried out, especially concerning a stage 3 assessment.

75. The Owner agrees to include in all Offers of Purchase, Sale or Lease related to property within the Plan of Subdivision clauses informing future purchasers and tenants of the following: a. No alteration of the drainage plan for the property or surrounding properties is permitted without the express written approval of the City of Brantford; b. That on-street parking shall be limited in terms of location and duration; c. That all future maintenance and repair of retaining walls on individual lots shall be the responsibility of the purchaser; d. That all future maintenance and repair of rear yard catch basins and leads, on individual lots shall be the responsibility of the purchaser; e. There shall not be any gates or informal access points to fences backing onto the Stormwater Management Block, Trail Block or Open Space Blocks; f. This dwelling unit has been fitted with a forced air heating system and the ducting was sized to accommodate central air conditioning. Installation of central air conditional will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the criteria of the Municipality and the Ministry of the Environment and Climate Change unit which will allow windows and exterior doors to remain closed, ensuring that the indoor sound levels are within the Ministry of the Environment's noise criteria; g. If required, purchasers / tenants are advised that due to the proximity of Shellard Lane, sound levels from time to time may be audible; h. If required, purchasers/ tenants are advised that properties can be situated on a designated bus route, as required by Brantford Transit; and, i. That bussing may be required to transport children from within this subdivision to elementary and secondary schools. j. To maintain water balance for these lands and as part of the drainage plan noted in a) above, specific infrastructure will be required. All water balance infrastructure that are installed on private property will require future maintenance or replacement by the property owner and the City of Brantford assumes no responsibility, financial or otherwise for these systems; k. That their Lot may contain a tree within the front yard which composes part of the overall streetscaping plan and shall not be removed without prior consent of the City. Maintenance of trees shall be the responsibility of the purchaser l. Block 1, as shown on the plan, that public access is provided to the south of this lot (Trail connection)

76. The Owner shall agree to be responsible for the costs of electricity required for illumination of streetlights from when building permits are first requested until such time the subdivision agreement has been assumed.

77. The Owner shall agree to provide to Enbridge Gas Inc. (formerly Union Gas Ltd) the necessary easements and/or agreements required by Enbridge for the provision of gas services for this project, in a form satisfactory to Enbridge.

78. The Owner shall agree to the satisfaction of Bell Canada the following: a. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. b. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost c. The Owner is to provide Bell Canada with servicing plans/CUP at their earliest convenience to planninganddevelopment@bell.ca to confirm the provision of communication/telecommunication infrastructure needed to service the development. d. It shall be noted that it is the responsibility of the Owner to provide entrance/service duct(s) from Bell Canada's existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure.

79. The Owner shall agree to the satisfaction of Canada Post, the following: a) Canada Post will provide mail delivery service to this development through centralized Community Mail b) If the development includes plans for (a) multi-unit building(s) with a common indoor entrance with 3 or more units, the developer must supply, install and maintain a mail panel or Mail room with 100 units within these buildings to Canada Post's specifications. c) Please provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin so that we can plan ahead for the build of the Community Mailboxes. Finally, please provide the expected installation date(s) required for the CMB(s) to be installed.

80. The Owner shall agree to implement a waste management strategy with Canada Post to address litter and "junk mail" in proximity of temporary mailbox locations, to the satisfaction of the Commissioner of Community Development.

81. Prior to final approval, the City must be advised, in writing, by the Grand River Conservation Authority how Condition 67 has been satisfied.

82. Prior to final approval, the City must be advised in writing, by the Ministry of Tourism, Culture, and Sport, how Condition 74 has been satisfied.

83. Prior to final approval, the City must be advised, in writing, by Enbridge Gas Inc., how Condition 77 has been satisfied.

84. Prior to final approval, the City must be advised, in writing, by Bell Canada, how Condition 78 has been satisfied.

85. Prior to final approval, the City must be advised, in writing, by Canada Post, how Condition 79 has been satisfied.

86. Pursuant to Section 51(32) of the Planning Act, R.S.O. 1990, Draft Plan Approval, together with all conditions, shall lapse as follows: a. For the first phase, four (4) years from the date of the granting of Draft Plan Approval, unless extended by the City; and, b. For any subsequent phases, four (4) years after the date of Final Approval of the preceding phase.

87. Prior to final approval the City must be advised in writing, by the Owner, how Conditions 1 to 86 inclusive have been satisfied.