Schout Communities Inc. v. Fort Erie (Town), 2025 CanLII 127698

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE:

December 5^th, 2025

CASE NO.:

OLT-24-001136

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

Applicant and Appellant:

Schout Communities Inc.

Subject:

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

Description:

To permit townhouse dwellings

Reference Number:

350303-0040

Property Address:

3770 Hazel Street

Municipality/UT:

Fort Erie/Niagara

OLT Case No.:

OLT-24-001136

OLT Lead Case No.:

OLT-24-001136

OLT Case Name:

Schout Communities Inc. v. Fort Erie (Town)

BEFORE:

KURTIS SMITH

Friday, the 5^th

MEMBER

day of December, 2025

THIS MATTER, in respect of the lands at 3770 Hazel Street in the Municipality of Fort Erie/Niagara Falls, having come for a Case Management Conference on February 28, 2025 before the Ontario Land Tribunal (“Tribunal”) and the Tribunal having issued a Decision/Order on March, 21, 2025; and

THE TRIBUNAL having been advised by the Parties on October 30, 2025 that a full uncontested settlement had been reached, on consent;

AND THE TRIBUNAL having been advised by all Parties to this matter that the Parties have agreed upon a revised Draft Plan of Vacant Land Condominium (“Revised Proposal”) for the lands known municipally as 3770 Hazel Street, in the Town of Fort Erie (“Subject Lands”);

AND THE TRIBUNAL being further advised that the Revised Proposal was considered and reached agreement by Town of Fort Erie through the execution of Minutes of Settlement on November 6, 2025;

AND THE TRIBUNAL being in receipt of and having reviewed and considered the uncontested opinion evidence contained in the affidavit of Emily Elliott, sworn on November 20, 2025;

AND THE TRIBUNAL hereby recognising Ms. Elliott, a Registered Professional Planner having 15 years of professional land use planning experience and having been previously qualified by the Tribunal as an expert in land use planning, as once again being qualified to provide the Tribunal with expert opinion evidence in the area of land use planning;

AND THE TRIBUNAL recognising that the affidavit of Ms. Elliott reflects the Draft Plan of Vacant Land Condominium that will result in the creation of 93 townhouse dwelling units and common elements;

AND WHEREAS Ms. Elliott’s affidavit confirms for the Tribunal that the Revised Proposal:

• Has appropriate regard for the matters of provincial interest as set out in s. 2 of the Planning Act, R.S.O. 1990, c. P.13, as amended;

• Conditions for Draft Plan are reasonable, having regard to the nature of the development proposed, pursuant to s 51(25);

• Is consistent with the Provincial Planning Statement, 2024;

• Conforms to the Regions Official Plan;

• Conforms to the Towns Official Plan, including the Ridgeway Thunder Bay Secondary Plan;

• Conforms to the Council-adopted but not in effect Towns Official Plan 2025;

• Satisfies the requirements of the Towns Zoning By-law;

• Represents good planning; and

• Is in the public interest.

THE TRIBUNAL ORDERS that the appeal by Schout Communities Inc. (“Appellant”) pursuant to s. 51(34) of the Planning Act is allowed, in part.

THE TRIBUNAL ORDERS that the Draft Plan of Condominium attached hereto as Attachment A is approved, in principle, contingent upon satisfaction of the following pre-requisite matters attached hereto as Attachment B.

THE TRIBUNAL ORDERS that pursuant to subsection 51(56.1) of the Planning Act, the Town of Fort Erie shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of condominium for the purposes of subsection 51(58) of the Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.

The Tribunal may be spoken to concerning any issues arising from the implementation of this Interim Order.

“Matthew D.J. Bryan”

Matthew D.J. Bryan

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

ATTACHMENT A

ATTACHMENT B

CONDITIONS OF DRAFT PLAN APPROVAL

3770 Hazel Street Draft Plan of Vacant Land Condominium

October 2025

The conditions of final approval and registration of the 3770 Hazel Street Plan of Vacant Land Condominium by Schout Communities Inc. File No. 350303-0041 in the Town of Fort Erie are as follows:

1. That this approval applies to the 3770 Hazel Street Plan of Vacant Land Condominium, Lot 42 Plan 500 Bertie; Part Lot 23 Concession 2 Lake Erie Bertie being Part 1 on 59R15291, prepared by Donald G. Chambers dated February 21, 2023 showing 13 blocks intended for a total of 93 townhouse dwellings, private roads and 47 visitor parking spaces.

2. That the applicant/developer submit an undertaking that the Condominium Corporation will enter into an assumption agreement with the municipality, once the condominium plan has been registered, which requires the Condominium Corporation to assume the maintenance and responsibilities contained in the Condominium Agreement and that the Condominium Corporation will not object to the registration of the agreement.

3. That immediately following the registration of the Condominium Plan the Condominium Corporation enter into an assumption agreement with the Municipality which requires the Condominium Corporation to:

a) Assume the maintenance and responsibilities outlined under the Condominium Agreement to be approved by the Town of Fort Erie.

b) Provide to the Town security deposits as necessary to ensure completion of all outstanding works.

4. The Owner prepare a draft reference plan indicating the proposed parts for the 1.8m road widening to be conveyed to the Town in the location as set out in the Draft Plan of Vacant Land Condominium (October 2025) by Schout Communities Inc. File No. 350303-0040 for review and approval by Town Staff, prior to its deposit in the Land Registry Office.

5. The Owners agree that immediately following the registration of the Condominium Plan, the Owner shall convey the 1.8m road widening along Belleview Boulevard to the Town, free and clear of any mortgages, liens, and encumbrances, to the satisfaction of the Town of Fort Erie.

6. That in accordance with By-law 69-08 Policy for Parkland Dedication, the owner shall pay to the Town of Fort Erie cash in lieu of parkland dedication an amount equal to 5% of the value of the land to the satisfaction of the Town.

7. That the owner shall agree in writing to satisfy all the requirements, financial and otherwise, of the Town of Fort Erie concerning the provision of roads, watermain, sewers, drainage, storm water management, daylight triangles, sidewalks, fire hydrants, streetlighting, including the upgrading of existing services and the restoration of existing roads damaged during the development of the Plan of Condominium. For greater certainty, the Applicant will not be required to improve and urbanize with curb and gutter the subject land frontages and/or the Hazel Street/Belleview Boulevard intersection.

8. That the owner agrees to deed any and all easements that may be required for access utility and drainage purposes be granted to the appropriate authorities and utilities free and clear of any mortgage liens or encumbrances.

9. That all roads within the development shall be private roadways.

10. Construction vehicle access shall be limited to and from Hazel Street, throughout the development’s construction process, until full build-out is completed. Access through the existing residential neighbourhood roads shall be prohibited.

11. The Owner prepare a draft reference plan indicating the proposed parts for storm sewer access and maintenance needs, and a 4.50m x 4.50m daylight triangle for review and approval by Town Staff, prior to its deposit in the Land Registry Office.

12. The Owner identify and transfer to the Town, free and clear of any mortgages, liens, and encumbrances, the storm sewer and access easements, and the 4.50m x 4.50m daylighting triangle, the daylighting triangle to be further dedicated by way of by-law as Public Highway Hazel Street.

13. Existing site entrances not proposed for reuse shall be removed and reinstated to the current standard with road side ditching, 50mm top soil, and sod or seed, to the Town’s satisfaction.

14. The Owner agrees to construct a 1.50m wide concrete sidewalk along Belleview Boulevard in the location as set out in the Draft Plan of Vacant Land Condominium (October 2025) by Schout Communities Inc. File No. 350303-0040, to the satisfaction of the Town of Fort Erie, at 100% Owner costs.

15. A Transportation Impact Study be prepared and certified by a Professional Transportation Engineering Consultant, for review and approval, to the satisfaction of the Town of Fort Erie, and any recommendations noted, be implemented as part of the development of the plan of condominium.

16. That the design drawings for the municipal water system, sanitary sewer system and storm water drainage systems, including stormwater management, to service this development be submitted to the Town of Fort Erie for review and approval.

17. The Owner shall have the water distribution system and appurtenances designed by a Professional Civil Engineer in accordance with the Town’s standards, as amended, and constructed to the Town’s satisfaction.

18. The Owner submits to the Town for review and approval a revised Functional Servicing Report prepared and certified by a licensed Professional Civil Engineer with respect to the development’s sanitary sewer proposal and proposed peak flows, to the Town’s satisfaction.

19. The Owner shall have the sanitary sewer system and appurtenances and any required improvements to the existing downstream system, if any, designed by a Professional Civil Engineer in accordance with the Town’s Standards, as amended, and be constructed at the cost of the Owner, to the Town’s satisfaction.

20. The Owner shall be advised that additional sanitary sewer flow monitoring, post development, may be required, at the site limits, to confirm the site’s sanitary sewer systems have been constructed with the intent that no wet weather flows are conveyed from the site to within the Town’s sanitary sewer system, at 100% Owner costs.

21. A Stormwater Management Report be prepared, certified, and implemented for this development by a Professional Civil Engineer in accordance with the Town’s Standards, as amended, to the Town’s satisfaction.

22. The storm system be designed to accommodate residential foundation weeping tile drainage via sump pump discharge either directly to the on-site system, or indirectly to grade at the front yards or rear yards only, not the side yards.

23. The Owner have their Consulting Engineer provision for the design and construction of a storm sewer outlet from Hazel Street to the north limit of the property in accordance with the Fort Erie Storm Drainage Master Plan by Kerry T. Howe 1994, and the Owner be responsible to front-end the design and construction costs associated, inclusive of Engineering, Contract Administration, Inspection, Continency, and HST. The Town shall make reasonable efforts to pay the Town’s share of applicable as-constructed costs, to be further determined through the Plan of Condominium process and agreement.

24. The Owner’s Consulting Engineer adhere to and submit the required documents applicable to the Town’s Consolidated Linear Infrastructure program.

25. That the Condominium agreement include a clause requiring that each agreement of purchase and sale state that "Roof downspouts shall discharge only to the ground surface via splash pads to the front / rear yards.”

26. A Master Grading Control Plan shall be prepared by a Professional Civil Engineer in accordance with the Town Standards, as amended, to the Town’s satisfaction.

27. The Condominium agreement between the Owner and the Town of Fort Erie contain provisions whereby the Owner agrees to implement the approved Master Lot Grading Plan to the Town’s satisfaction.

28. An Erosion & Sediment Control Plan be prepared by a Professional Civil Engineer in accordance with the Town Standards, as amended, to the Town’s satisfaction.

29. A Construction Impact Mitigation Strategy outlining how the proponent intends to address the construction impact mitigation principles as they relate to the site development and surrounding external areas required for municipal improvements, be submitted for review and approval, to the Town’s satisfaction.

30. The Owner submits to the Town the required fees for Engineering, Inspection, Service Connections, and Water testing fees, and construction securities for performance obligations, to the Town’s satisfaction.

31. The Owner submits to the Town the digital data for infrastructure connections, in accordance with the Town of Fort Erie’s Standards, and the actual costs of construction of all assets to be assumed by the Town through the Condominium agreement, to the Town’s satisfaction.

32. The Owner’s Engineering Consultant be responsible to provide engineering inspection in order to provide adequate certification of the works required to install Municipal services on and off-site to develop the lands, to the Town’s satisfaction.

33. The Owner’s Geotechnical Engineering Consultant be responsible for providing adequate compaction testing and certification of the works required to install Municipal services on and off-site to develop the lands, to the Town’s satisfaction.

34. The Owner’s Engineering Consultant submit to the Town all relevant and required Construction and Geotechnical Testing and Inspection Records and Reports, to the Town’s satisfaction.

35. The Owner shall submit to the Town a site lighting and photometric design prepared by a Professional Electrical Engineer, for review and acceptance to the Town’s satisfaction.

36. That if final approval is not given to this plan within three years of the approval date and no extensions have been granted, draft approval shall lapse. If the owner wishes to request an extension to the draft period, a written explanation with reasons why the extension is required, together with a resolution from the local municipality must be received by the Region prior to the lapsing date.

37. That the condominium agreement contain wording wherein the owner agrees to implement the mitigation measures and recommendations found in the Environmental Impact Study (EIS) prepared by GeoProcess Research Associates (dated February 21, 2023), including but not limited to:

a) That vegetation removals be undertaken between October 1st and March 14th, outside of both the breeding bird nesting period and active bat season. A survey for active bird nests should be conducted prior to any vegetation removal or site alteration planned to occur during this window.

b) That any security lighting to be installed on buildings should be downward facing and directed away from natural areas to minimize ambient light exposure to the adjacent natural areas.

c) That no construction materials or equipment be located, even on a temporary basis, within the Significant Woodland buffers.

d) That road and driveway runoff be diverted away from the Significant Woodlands into Catchment 201, so salt runoff is not expected to have any impact either. Snow storage should be located where runoff is into Catchment 201.

e) That once construction activities are complete, any exposed or disturbed soils are to be seeded with an appropriate seed mix (i.e., Ontario Seed Company 8220 or equivalent) within approximately 30 days of the area being inactive.

f) That in order to suppress dust, areas of bare soil should be moistened with water during construction activities to ensure that the amount of dust produced within the subject property is reduced. Topsoil locations should be in areas of lesser wind exposure and away from natural features and their buffers.

g) That all municipal street trees planted on the subject lands be restricted to native species.

38. That permanent rear-lot fencing be provided adjacent to the natural heritage features, to the satisfaction of the Niagara Region. A no-gate bylaw is recommended to reduce human encroachment and limit the movement of pets into the adjacent natural areas.

39. That an Erosion and Sediment Control (ESC) Plan be prepared for review and approval by the Niagara Region. All ESC measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site.

40. That a Grading Plan be provided to the satisfaction of Niagara Region demonstrating that no grading within the natural heritage features and/or their buffers will occur. The Grading Plan shall designate specific locations for stockpiling of soils and other materials which will at a minimum be outside of the natural heritage features and their buffers.

41. That a Tree Preservation Plan (TPP) be provided to the satisfaction of the Niagara Region. The TPP shall be prepared by a qualified professional, preferably by a Certified Arborist or qualified member of the Ontario Professional Foresters Association, in accordance with Niagara Region’s Woodland Conservation By-law.

42. That a Restoration Plan be prepared to the satisfaction of the Niagara Region incorporating the recommendations found in the EIS, prepared by GeoProcess Research Associates (dated February 21, 2023). The Plan should incorporate dense plantings of native trees and shrubs that complement the adjacent vegetation communities. The removal of invasive species should also be incorporated, as appropriate. The Landscape/Restoration Plan should be completed by a full member of the Ontario Association of Landscape Architects (OALA).

43. That the developer provide securities to the Town of Fort Erie in the form of a Letter of Credit in the amount of the estimated cost as approved by Niagara Region for the restorative plantings required in accordance with the above conditions and that the condominium agreement include provisions whereby the developer agrees that the Town may draw on the Letter of Credit, if required, to ensure installation of the plantings.

44. That an Ecological Monitoring Plan be prepared to the satisfaction of Niagara Region. At a minimum the plan should monitor and assess the success of the restorative plantings and invasive species removals. The Report is to be submitted to Regional Growth Management and Planning department, with attention to Environmental Planning, developmentplanningapplicaitons@niagararegion.ca by September 1st of years 1 through 3. The Report should also include photographs and advise actions necessary to address any deficiencies.

• Note. The monitoring should take place upon the initiation of any development and/or site alteration and continue up to and including 3 years from full build out.

45. That a Photometric Plan be provided to the satisfaction of the Niagara Region that illustrates all proposed street lighting be downward facing and shielded to prevent light spillage into the surrounding natural area. The Plan should be Dark Sky Association (IDA) compliant.

46. That the Owner prepare an information package for new homeowners outlining the importance of the adjacent natural heritage features and steps they can take to protect the natural environment. This information package is to be reviewed and approved by the Niagara Region. The package should be provided as an appendix to all offers and agreements of purchase and sale for units within the condominium development.

47. That the condominium agreement contain wording wherein the Owner agrees to implement the approved Erosion and Sediment Control Plan, Grading Plan, Stormwater Management Plan, Tree Preservation Plan, Restoration Plan, Ecological Monitoring Plan and Photometric Plan.

48. That the following warning clause be included in the Condominium Agreement between the Owner and the Town with respect to the potential discovery of archaeological resources:

“Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting

archaeological resources must cease immediately, the Archaeology

Programs Unit of the Ontario Ministry of Citizenship and Multiculturalism (MCM) (416-212-8886) must be notified, and a licensed archaeologist is required to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists.

In the event that human remains are encountered during construction, all activities must cease immediately and the Niagara Regional Police

Service as well as the Cemeteries Regulation Unit of the Ministry of

Government and Consumer Services (416-326-8800) must be contacted. In situations where human remains are associated with archaeological resources, MCM should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.”

49. That the Owner provides a written acknowledgement to Niagara Region Growth Management and Planning stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the Owner.

50. That the Owner provides a written undertaking to Niagara Region Growth

50.Management and Planning stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium shall contain a clause indicating that servicing allocation for the condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement between the Owner and the Town.

51. That prior to final approval for registration of this plan of condominium, the Owner shall submit the design drawings [with calculations] for the new sanitary sewers required to service this development to the Region to confirm the capacity in the Nigh Road Sewage Pumping Station.

52. That prior to final approval engineering drawings including a cross section of the proposed watermain crossing the Regional forcemain on Hazel Street be provided for review and approval by Niagara Region’s Engineering Staff.

53. That prior to approval of the final plan or any on-site grading, the Owner shall

53.submit a Detailed Stormwater Management Plan for the condominium and the

53.following plans designed and sealed by a qualified Professional Engineer in

53.accordance with the Ministry of the Environment, Conservation and Parks

53.documents entitled Stormwater Management Planning and Design Manual March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to Niagara Region Growth Management and Planning for review and approval:

a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site

b) Detailed erosion and sedimentation control plans.

54. That the Condominium Agreement between the Owner and the Town of Fort Erie contain provisions whereby the Owner agrees to implement the approved plan(s) required in accordance with the condition above.

55. That the Owner/Developer ensure, throughout all phases of development, that all streets and development blocks can provide an access in accordance with the Niagara Region’s Corporate Policy and By-laws relating to the curbside collection of waste and recycling. Where a through street is not maintained, the owner/developer shall provide a revised draft plan to show an appropriate temporary turnaround to permit Regional waste collection services.

56. That the Owner/Developer for the proposed condominium and the commercial site to the south will be required to complete the indemnity agreements to allow trucks to move through both sites for collection.

57. Individual property Owners who enter into an Indemnity Agreement with Niagara Region are responsible for notifying future owners of the Indemnity Agreement requirements. The following warning shall be included in all agreements and offers and agreements of purchase and sale for each property to survive closing:

• “Purchasers are advised that a properly executed Indemnity Agreement must be submitted from the private property owner(s) or property management company with signing authority to Niagara Region in order to maintain waste collection services on private roadway(s) and/or property(ies)”.

58. That in order to accommodate Regional Waste Collection service, waste collection pads are required to be provided by the Developer for 8 of the units identified as Units 21-24 and Units 67-70 on the ‘Site Plan’ drawing prepared by MHBC Planning, Urban Design & Landscape Architecture, dated July 17, 2023.

59. The Owner is advised that some of the proposed development’s internal roads do not meet the requirements of Niagara Region’s Corporate Waste Collection Policy and, therefore, in order to receive Regional collection residents will be required to bring their containers to their designated waste collection pads for collection. The following clause should be included in the Site Plan Agreement/ Condominium Agreement and inserted into all Offers and Agreements of Purchase and Sale or Lease for the 8 units identified as Units 21-24 and Units 67-70 on the ‘Site Plan’ drawing prepared by MHBC Planning, Urban Design & Landscape Architecture, dated July 17, 2023:

• “Owners/Purchasers/Tenants are advised that they will need to bring their waste and recycling containers to their designated waste collection pad on their designated collection day in order to receive curbside collection”.

60. The owner shall complete to the satisfaction of Canada Post:

a) Include on all offers of purchase and sale, a statement that advises the prospective purchaser:

i. that the home/business mail delivery will be from a designated Centralized Mail Box.

ii. that the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales.

b) The owner further agrees to:

i. work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision.

ii. install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes

iii. identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision.

iv. determine the location of all centralized mail receiving facilities in co-operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations.

c) Canada Post's multi-unit policy, which requires that the owner/developer provide the centralized mail facility (front loading lockbox assembly or rear-loading mailroom [mandatory for 100 units or more]), at their own expense, will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space.

Clearance of Conditions

Prior to granting approval of the final plan, the Town will require written confirmation from the following agencies that their respective conditions have been met satisfactorily:

♦ Town of Fort Erie for Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 , 35 & 36.

♦ Niagara Region for Conditions 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58 & 59.

♦ Canada Post for Condition 60.

1. THE LANDS REQUIRED TO BE REGISTERED UNDER THE LAND TITLES ACT:

a) Section 160(1) of the Land Titles Act which requires all new plans to be registered in the Land Titles system.

b) Section 160(2) allows certain exceptions.

2. WATER AND SEWER SYSTEMS

Inauguration or extension of a piped water supply, a sewage system or a storm drainage system is subject to the approval of the Ministry of Environment under Section 52 and 53 of the Ontario Water Resources Act, R.S.O. 1990.

3. CONVEYING

As the land mentioned above be conveyed to the Municipal Corporation may be more easily described in the conveyance by reference to a registered plan than by “metes and bounds” be it suggested that the description be so worded and be it further suggested the owner give to the Municipality an undertaking to deposit with the Clerk a properly executed copy of the conveyance concurrent with the registration of the plan.

4. In order to assist agencies listed above in clearing the conditions of final approval and registration of the plan, it may be useful to forward executed copies of the agreement between the owner and the Town to these agencies. In this instance this copy should be sent to:

Valentina Escobar

Development Planner

Niagara Region

Phone: (905) 980-6000 ext. 3352

Email: devtplanningapplications@niagararegion.ca

Andrew Carrigan

Officer, Delivery Planning

Canada Post

Phone: (226) 268-5914

Email: Andrew.Carrigan@Canadapost.ca

5. REVIEW OF CONDITIONS

The applicants are advised that should any of the condition appear unjustified or their resolution appear to be too onerous they are invited to bring their concerns to Council’s attention. Council will consider a request to either revise or delete conditions.

6. CLEARANCE OF CONDITIONS

Prior to granting final approval, the Town of Fort Erie must be in receipt of written confirmation that the requirements of each condition have been met satisfactorily and that all fees have been paid to the satisfaction of Niagara Region.

7. CONDOMINIUM AGREEMENT

Prior to final approval for registration, a copy of the executed Condominium Agreement for the proposed development shall be submitted to Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that a copy of the draft agreement be provided in order to allow for the incorporation of any necessary revisions prior to execution.

Note: Clearance requests shall be submitted to the Region in accordance with the Memorandum of Understanding, which stipulates that requests for formal clearance of conditions are to be received and circulated to the Region by the local municipality. The local municipality is also responsible for circulating a copy of the draft agreement, and the Region is unable to provide a final clearance letter until the draft agreement is received. The Region is committed to reviewing submissions related to individual conditions prior to receiving the formal request for clearance. In this regard, studies and reports (one hard copy and a PDF digital copy) can be sent directly to the Region with a copy provided to the local municipality.