ISSUE DATE:

December 10, 2025

CASE NO.:

OLT-24-001165

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

P. 13, as amended.

Applicant/Appellant

First Gulf Corporation

Subject:

Proposed Plan of Subdivision – Failure of Approval

Authority to make a decision

Description:

To propose and develop a multiblock industrial subdivision comprised of industrial buildings and other additions.

Reference Number:

25T-2021002

Property Address:

370, 378, 412 and 436 Garner Road E

Municipality/UT:

Hamilton

OLT Case No:

OLT-24-001165

OLT Lead Case No:

OLT-24-001165

OLT Case Name:

First Gulf Corporation v. Hamilton (City)

BEFORE:

J. INNIS

Friday, the 5th

MEMBER

day of December, 2025

THIS MATTER having come before the Tribunal as a settlement motion in writing and upon reviewing and having considered:

i. the uncontested opinion evidence proffered by Ryan Ferrari, a Registered Professional Planner and full member of the Canadian Institute of Planners, in his comprehensive affidavit sworn November 26, 2025;

ii. participant statements filed with the Tribunal in the names of:

• Mary Love

• Nicole Doro

• Peter Appleton.; and

• William Liske.

noting that none of the aforementioned statements were submitted upon considering the Parties’ revised settlement proposal; and

iii. the minutes of settlement between City of Hamilton and First Gulf Corporation dated November 27, 2025.

AND THE TRIBUNAL understands that the aforementioned sworn evidence of Mr. Ferrari reflects revisions to the application before the Tribunal that were reached through cooperative efforts of all Parties utilizing Tribunal-led mediation;

AND THE TRIBUNAL notes that the revisions undertaken by the Applicant over the course of the proceeding, including multiple resubmissions to address City staff comments, the matters raised on appeal, and the issues explored during mediation, have resulted in a Draft Plan and associated conditions that incorporate the Parties’ agreed-upon refinements. Through that process, the Parties reached resolution on the principal outstanding issues, including transportation infrastructure requirements within and adjacent to the Subject Site, the preservation and enhancement of natural heritage features and associated tree replacement, and the provision of municipal servicing;

AND THE TRIBUNAL further acknowledges the participant statements received in relation to servicing, traffic access, and, predominantly, environmental concerns involving water resources, wildlife, and mature tree removal. While no participant affirmations were filed in support of the revised settlement proposal now before the Tribunal, their statements were reviewed and have assisted in identifying the issues of community interest. The Tribunal is satisfied that the revisions incorporated into the settlement, particularly those relating to transportation infrastructure, natural heritage protection, stormwater management, and tree replacement, appropriately respond to and address the concerns raised by participants;

AND THE TRIBUNAL has been provided with the revised Draft Plan and the associated draft conditions of subdivision, which reflect these agreed-upon refinements and demonstrate an orderly division of the Subject Site into development blocks, natural heritage blocks, stormwater management blocks, municipal rights-of-way, and related incidental blocks. The Tribunal is satisfied that these revisions appropriately address the matters in dispute and form the basis of the Parties’ settlement;

AND THE TRIBUNAL, after reviewing the evidence of Mr. Ryan Ferrari, the Tribunal finds that the Draft Plan of Subdivision, as revised through the proposed settlement, meets all applicable legislative and policy requirements. The Plan conforms with the Urban Hamilton Official Plan and the Airport Employment Growth District Secondary Plan, including preservation of Core Areas and natural features, provision of buffers, and accommodation of prestige employment uses. It complies with Zoning By-law No. 05-200 without amendment and satisfies the criteria of Section 51(24) of the Planning Act, including land suitability, adequate services, and integration with adjacent lands. The Tribunal is further satisfied that the conditions of draft plan approval secure the necessary transportation, servicing, environmental, and tree protection measures, ensuring the proposal can be implemented responsibly. Overall, the proposed settlement represents a fair and appropriate resolution of the appeal and leads to a well-designed form of development.

AND THE TRIBUNAL, having accepted the opinion evidence of Mr. Ferrari as presented in his affidavit, further finds that the subject application, as revised, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, conforms to the Urban Hamilton Official Plan and Zoning By-law No. 05-200, and otherwise reflects principles of good land use planning. Further, the proposed Draft Plan has appropriate regard for the criteria set out in section 51 (24) of the Planning Act, represent good planning, and are in the public interest;

THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, and the draft plan shown on the plan prepared by A.J. Clarke and Associates Ltd. dated October 6, 2025 comprising of the subject lands legally described in ‘Attachment 1’, is approved subject to the fulfillment of the conditions set out in ‘Attachment 2’ to this order;

AND THE TRIBUNAL ORDERS THAT pursuant to subsection 51(56.1) of the Planning Act the City of Hamilton shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision 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.

“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 1 - Legal Description of the Subject Lands

Attachment 2 - Draft Conditions of Approval

Conditions for Draft Plan of Subdivision Approval for 25T-202102

Development Engineering:

1. That the Owner agrees in writing that they will be responsible for the design and construction of the stormwater management (SWM) facility and will maintain the facility entirely at the owner’s expense until it is assumed by the City including the following commitments:

a. To submit an operation and maintenance manual as per the City of Hamilton Operation and Maintenance Report for Stormwater Management Facilities (May 2009);

b. To inspect and monitor the Stormwater management facility upon commencement of construction or pre-grading of the subject lands through to assumption of the facility by the City in accordance with the conditions of ECA issued by MECP;

c. To keep detailed logs concerning Stormwater management facility performance and maintenance, including costs of cleaning and removal of sediment and to submit such logs to the City during pre-grading and construction activities in accordance with the operation manual;

d. To construct, operate, and maintain at the Owner's expense, the Stormwater management facility, in a manner acceptable to the City, including any changes to conditions of the MOE&CC's approval, throughout servicing of all stages of draft plan registration and development of all registered lots and blocks, or until such time as determined by the Director of Growth Management and Chief Development Engineer; and,

e. To remove sediment from the Stormwater management facility attributed to development, carry out a topographic survey, and verify volumetric capacity of the Stormwater management facility prior to release of the Owner's operation and maintenance responsibilities for the Stormwater management facility;

all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

2. That, the Owner acknowledges and agrees in writing, that a detailed stand-alone stormwater management report will be required for Site Plan Application for Blocks 1, 2, 3, 4, 5, 6, 7, 8 and 9 (inclusive) to be prepared by a professional engineer, to the satisfaction of to the Director of Growth Management and Chief Development Engineer. The SWM design shall consider the following:

a. Demonstrate how stormwater quantity and quality controls for the subject development will be handled through the proposed stormwater management (SWM) measures in accordance with the approved subdivision Functional Servicing and Stormwater Management Report, the City of Hamilton Drainage Policy, City of Hamilton Comprehensive Development Guidelines and Financial Policies Manual (current) and the MECP Stormwater Management Planning and Design Manual (2003);

b. Demonstrate how ‘Level 1’ stormwater quality control will be provided for the proposed development considering treatment train design principles using low impact development (LIDs) that are surface-based and incorporate filtration by targeting a minimum infiltration of 10mm of runoff

, and how water balance infiltration target and runoff volume retention target using LIDs will be achieved in accordance with AEGD Sub- Watershed Master Plan, AEGD Eco-Industrial Design Guidelines, and City’s Green Standards and Guidelines for Site Servicing;

c. The on-site infiltration systems shall be designed considering infiltration rate (to be determined based on in-situ infiltration test) with appropriate factor of safety and drawdown time not exceeding 48 hours (although 24- hour drawdown time is preferable);

All to the satisfaction of the Director of Growth Management and Chief Development Engineer.

3. The Owner agrees to complete the necessary transfer deeds to register a combined drainage and access easement with a minimum width of 4.0 meters over a portion of Block 9 in favour of the City of Hamilton, that is going to be used to facilitate the storm outlet for development of the adjacent lands to the south, at their costs, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

4. That , the Owner agrees to complete the necessary transfer deeds to register a 6.0m wide watermain easement within Block 9 in favour of the City of Hamilton, at their costs, and to the satisfaction of the Director of Growth Management and Chief Development Engineer.

5. That, prior to registration of the final plan of subdivision, the Owner shall dedicate Block 13 to the City of Hamilton as a public highway under the Owner’s

Certificate on the final plan of subdivision, to establish the widened limit of Garner Road East at approximately ±18.3m from the centreline of the original road allowance, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

6. That, prior to registration of the final plan of subdivision, the Owner shall dedicate Block 14 to the City of Hamilton as a public highway under the Owner’s Certificate on the final plan of subdivision, to establish the widened limit of Southcote Road at approximately ±22.5m from the centreline of the original road allowance, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

7. That, prior to registration of the final plan of subdivision, all daylighting triangles shall be established on the final plan of subdivision in accordance with City requirements for the draft plan to the satisfaction of the Manager of Transportation Planning and the Director of Growth Management and Chief Development Engineer. Note: The size of daylight triangles shall be approved by the Manager of Transportation Planning in accordance with conditions 65 and 66.

8. That, prior to registration of the final plan of subdivision, the Owner shall submit the necessary transfer deeds to the City’s Legal Department to transfer adequate lands for the stormwater management (SWM) facility block (Block 12), subject to an approved stormwater management design, as required, within the draft plan.

9. That, prior to registration of the final plan of subdivision, the Owner shall submit the necessary transfer deeds to the City’s Legal Department to transfer Block 15 to the City, in order to facilitate the future orderly development of the lands adjacent to the north, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

10. That, prior to registration of the final plan of subdivision, the Owner agrees to provide an updated Functional Servicing Report as part of the first submission of the detailed engineering design. If it is determined that additional changes to the Draft Plan to address the Conditions of Draft Plan are required, the appropriate planning process shall be followed, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

11. That, prior to registration of the final plan of subdivision, the owner shall submit the Engineering design drawings to demonstrate that the south leg of Street A can provide for the proposed permanent turning circle/cul-de-sac installation of sufficient pavement width and adequate boulevard in accordance with City Standards including installation of LID features to provide for Level 1 quality

control, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

12. That, prior to registration of the final plan of subdivision, the Owner shall submit the necessary transfer deeds to the City’s Legal Department to transfer the 0.3m reserve Blocks 17 – 18 and 21 - 29 to be dedicated to the City by the Owner’s certificate on the plan as part of the right of way, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

13. That, prior to registration of the final plan of subdivision, the Owner shall submit the necessary transfer deeds to the City’s Legal Department to transfer an adequately sized stormwater management (SWM) access, overland flow, storm sewer, and sanitary pumping station (Block 11), adjacent to Blocks 1 and 2, to be dedicated to the City by the Owner’s certificate on the plan. The dedicated land shall provide adequate stormwater management (SWM) access, overland drainage flow, storm sewer conveyance, proper turnaround space, access, maintenance, and general operation of the sanitary pumping station (SPS), in accordance with City Standards. Furthermore, the Owner acknowledges that Block 2 will be undevelopable until the design of the sanitary pumping station, gravity sewer, and stormwater management (SWM) pond/overland flow route has been finalized and approved, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

14. That, prior to registration of the final plan of subdivision, the Owner acknowledges and agrees (whichever comes first – registration or servicing) that the location and size of the sanitary pumping station (SPS) identified in the Airport Employment Growth District (AEGD) Master Servicing Strategy is to be confirmed with the City, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

15. That, prior to registration of the final plan of subdivision, the Owner shall agree to provide an adequately sized utility easement adjacent to the proposed right-of- way (ROW) in favour of all utility companies, if required, in a form satisfactory to the utility companies, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

16. That, prior to registration of the final plan of subdivision, the Owner shall pay for the future urbanization of Garner Road East and Southcote Road based on the City’s “New Roads Servicing Rates” in effect at the time of payment in accordance with the City’s Financial Policies and the frontage of the property, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

17. That, prior to registration of the final plan of subdivision, the Owner shall submit sufficient details to demonstrate that the proposed right-of-way width can accommodate the typical road cross section, complete with sidewalks/multi-use paths, bioswales/ditches, street furniture, utilities, etc. , all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

18. That, prior to registration of the final plan of subdivision, the Owner shall submit sufficient details to demonstrate that the blanket Holding “H” provision can be removed. The Holding “H” provision cannot be removed until adequate municipal services are provided adjacent to the subject development, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

19. That, prior to registration of the final plan of subdivision, the Owner agrees that they will perform all required Winter Maintenance activities on all Public Highways within the registered Plan in accordance with Ontario Regulation 239/02 -Minimum Maintenance Standards for Municipal Highways under the Municipal Act, 2001 (MMS) until the criteria for municipal Winter Maintenance activities are met. Additionally, the Owner commits to submitting an application to the City for assuming Winter Maintenance responsibilities before September 15th, provided that the following criteria;

a. Sites are easily accessible;

b. Roads are free of all construction debris and have at least the base course asphalt completed;

c. Trucks can enter and exit without backing up; and,

d. Utility chambers are either ramped at a minimum of 2 meters from each chamber or set to grade.

all to the satisfaction of the Manager of Roadway Maintenance.

20. That, prior to registration of the final plan of subdivision, the Owner agrees that prior to the installation of the permanent Street Name Signs by the City, the Owner shall install temporary street name signs, consisting of a painted and legible sign on wooden backing, fastened securely to a post 2.6 metres above ground level (to bottom of sign) shall be erected at all street intersections within the subdivision immediately following base course asphalt placement. The signs shall be visible from both directions (ie. double sided). The street name signs shall be maintained until such time as all boulevard grading has been completed, all to the satisfaction of the Director of Growth Management & Chief Development Engineer.

21. That, prior to registration of the final plan of subdivision, the Owner shall design, install and energize the street lighting system, entirely at the Owner’s expense, all to the satisfaction of the Director of Growth Management & Chief Development Engineer.

22. That, prior to registration of the final plan of subdivision, the Owner shall pay the appropriate fees for the installation of street signage, in accordance with the City’s standards and the City’s current user fees schedule, to the satisfaction of the Director, Growth Management & Chief Development Engineer.

23. That, prior to preliminary grading, the Owner shall submit a detailed Stormwater Management (SWM) report prepared by a professional engineer that includes, but is not limited to, the following parameters below:

a. Demonstrate how stormwater quantity, quality including erosion controls for the subject development will be handled through the proposed stormwater management (SWM) measures in accordance with the AEGD Subwatershed Study and Stormwater Master Plan, June 2011, AEGD Subwatershed Study and Stormwater Master Plan Implementation Document, April 2017, Stormwater Management Report, the City of Hamilton Drainage Policy, City of Hamilton Comprehensive Development Guidelines and Financial Policies Manual (current) and the MECP Stormwater Management Planning and Design Manual (2003);

b. Demonstrate how the post development flows will be controlled to lesser of predevelopment flows or unitary flow rates identified in AEGD Subwatershed Study and Stormwater Master Plan for all ranges of storm events including the 100-year event through the proposed SWM system for the proposed northwest outlet through the existing MTO culvert on Highway No. 6 which ultimate drains through the private land (328 Garner Road East property); Alternatively, the Owner may consider installation of a new storm sewer within the Garner Road East ROW to convey design flows from the proposed SWM Facility to the existing watercourse at the north side of the street;

c. Should the proposed development drain controlled flows to the existing MTO Culvert, demonstrate through a legal opinion in order to establish the riparian rights and to confirm the acceptance of a continuous or longer duration of flow through the private property (328 Garner Road East) from the subject site;

d. Provide existing additional grading details on the 328 Garner Road East property, particularly, the existing ditches on the said property and the existing culvert on Garner Road East (north of the private property), to

demonstrate the existing condition of the drainage system on said property complete with modelling to establish the existing flood plain , including overtopping flooding depth on Garner Road East, for all ranges of storm events up to the Regional storm event. The modelling shall include both existing and proposed condition flooding scenarios;

e. Should the proposed development drain controlled flows to the existing MTO Culvert , demonstrate through a risk assessment, prepared by a qualified professional, to clarify the impact on the property at 328 Garner Road East in case of failure of the proposed stormwater management facility for City consideration;

f. The owner acknowledges and agree to confirm that the imported soil fills are conducive to infiltration and can meet the LID requirement in accordance with AEGD Subwatershed Master Plan, Eco Industrial Design Guidelines for the AEGD Lands, and City Green Standards and LID Guidelines, Note: imported soil fills may be accepted for the portion of the lands that will be occupied by future buildings or parking areas that have similar hydraulic characteristics to the existing onsite soils and will not adversely impact the infiltration capacity of the subdivision, as approved by the City.

g. The municipal infiltration systems within the right-of-way shall be designed to infiltrate a target of a minimum of 10mm rainfall considering infiltration rate (to be determined based on in-situ infiltration test) with appropriate factor of safety and drawdown time not exceeding 48 hours (although 24- hour drawdown time is preferable) in accordance with AEGD Subwatershed Master Plan, Eco Industrial Design Guidelines for the AEGD Lands, and City Green Standards and LID Guidelines;

h. Demonstrate with erosion exceedance analyses that the potential for excess erosion within the watercourse downstream of northwest outlet from 25mm storm event runoff will be mitigated by proposed stormwater management measures;

i. Demonstrate that the adequate combined conveyance swale and access road along the south portion of the subject development (Block 9) is provided for conveyance of 100-year post-development peak flows from the external lands and contributing drainage area to the south of this development (756 Southcote Road);

j. Demonstrate that the hydraulic grade line (HGL) for the post-development 100-year return period flow will be a minimum of 0.30m below the top of grate elevation at all applicable inlet locations and the 5-year HGL will be within storm sewers based on water surface elevations in the proposed pond;

k. Demonstrate the hydraulic grade line (HGL)/water surface (WS) elevation in the drainage swale is considering the water surface elevation in the proposed dry pond.

l. Demonstrate that a minimum of 0.1m freeboard is provided for the drainage swale.

m. Demonstrate that the proposed stormwater management (SWM) pond has accounted for 100-year storm event flow for Southcote Road (south of Street ‘B’ to the high-point);

n. Demonstrate that the proposed dry pond is of sufficient size and shape to meet the allowable target flow rates for the subject lands in accordance with the Ministry of Environment, Conservation and Parks (MECP), City Guidelines, and AEGD sub-watershed study and master plan recommendations;

All to the satisfaction of the Director of Growth Management and Chief Development Engineer.

24. That, prior to preliminary grading, the Owner shall prepare and submit a detailed grading plan to demonstrate that the flows from the low point of the south property line (756 Southcote Road) can be conveyed without any backflow effects from the proposed stormwater management (SWM) facility, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

25. That, prior to preliminary grading, the Owner shall prepare and submit a detailed grading plan to demonstrate that the minor and major flows from Block 9 are directed towards future Street ‘A’, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

26. That, prior to preliminary grading, the Owner shall prepare and submit a detailed grading plan to demonstrate that the minor and major flows from Blocks 1 and 2 are directed towards future Street ‘A’ and/or Block 11, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

27. That, prior to preliminary grading, the Owner shall prepare and submit a detailed grading plan to demonstrate that the transitional grading within the ultimate right- of-way (ROW) of Garner Road East and Southcote Road complies with our grading policy, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

28. That, prior to preliminary grading, the Owner shall prepare and submit a detailed grading plan to demonstrate that Block 5 will not negatively affect the private adjacent lands due to the large grade difference from the right-of-way (ROW) and existing lands, to ensure it complies with the City’s grading policy, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

29. That, prior to preliminary grading, if it is deemed necessary to grade on lands not owned by the owner, the Owner shall obtain the necessary permission/consent from the affected landowners for the proposed grading encroachment on their properties required for the construction of the Draft Plan of Subdivision. If permission cannot be obtained, the Owner must provide interim design options at the Owner’s cost, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

30. That, prior to preliminary grading, the Owner shall prepare and submit a Construction Management Plan and Report that provides:

a. Details on any construction activity that will encroach into the municipal road allowance such as construction staging, scaffolding, cranes, etc.;

b. Location and maximum dimensions of stockpiling;

c. Identification of any required sidewalk and/or lane closures and the estimated length of time for such closures;

d. Details on heavy truck routing;

e. Alternate arrangements of any City or school bus routing and stop locations that may be impacted;

f. A detailed plan and procedure for dealing with issues concerning dust control and street cleaning (external roads included) throughout construction within the subdivision. This document will also include first point of contact, a schedule for regular cleaning of streets that is specific to the methods to be used, the source of water, and the contractor or agent to be used to undertake the works as well as contractor/agent

contact information so that the City can direct the work to be completed as necessary;

all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

31. That, prior to preliminary grading, the Owner shall submit a Hydrogeological Brief

/ Report conducted by a qualified professional (P.Eng., P.Geo.) that adequately characterizes the subsurface soil and groundwater conditions of the site and potential requirements for groundwater control and dewatering. At minimum, this report shall discuss the following:

a. Seasonal high groundwater levels;

b. Excavation depths;

c. Dewatering calculations (on a L/s and L/day basis);

d. Groundwater quality to establish baseline conditions and confirm suitability for groundwater discharge;

e. Hydrogeological impact assessment

The report shall also include a groundwater contingency plan to ensure that an appropriate mitigation strategy is available to be implemented in the case whereof:

f. An aquifer is breached during construction.

g. Groundwater is encountered during any construction within the subdivision including but not limited to, house and pond construction.

h. Sump pumps, if required, are found to be continuously running; and,

i. Water supply and sewage disposal systems, and any surface and groundwater related infrastructure, are negatively impacted;

j. Demonstration of no permanent dewatering to the municipal systems are required;

all to the satisfaction of the Director of Growth Management and Chief Development Engineer, and Director of Hamilton Water.

32. That, prior to preliminary grading, the Owner, through a geotechnical engineer or other qualified professional, shall: check if any existing wells which provide potable water supply to other properties located within 500m radius of the subject lands to establish the existing depth of water within wells prior to the commencement of construction; monitor these wells during construction; and monitor wells for a period of one year after the completion of construction. If any problem arises, the monitoring program shall be extended, and the Owner shall address and resolve all issues, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

33. That, prior to preliminary grading, the Owner shall submit an overall subdivision grading plan including:

a. Demonstration of how the individual Blocks will be graded and drained in the interim and ultimate development condition (post servicing but prior to Site Plan) such that they drain independently and not adversely affect adjacent Blocks, private lands, and any City of Hamilton easements, etc.;

b. each block shall have at least one (1) dedicated storm outlet including an overland flow route to the municipal system in accordance with City of Hamilton Standards;

all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

34. That, prior to preliminary grading, the Owner agrees to provide an Excess Soil Management Plan to demonstrate how the development will comply with O.Reg. 406/19, addressing registration, assessment, sampling, and analysis, characterization, source/destination, reporting and tracking requirements, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

35. That, prior to preliminary grading, the Owner provide to the City of Hamilton, any required permit(s)/approval from all associated conservation authorities, specifically in the areas associated with and adjacent to the existing wetland, hazard lands/environmentally sensitive area (ESA), pursuant to Ontario Regulation 162/06, for the development in a regulated area and interference with a wetland, including the replication of the wetland, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

36. That, prior to preliminary grading, the Owner agrees to submit a surface water monitoring plan, prepared by a qualified professional, and establish two (2) monitoring locations at the SWM Pond Outlet and the Garner Road Culvert as per City direction in order to monitor drainages through the existing watercourse

from the existing culvert under Garner Road East, northerly, to ensure that is not negatively impacted by the subject development. The monitoring plan shall be used for surface flow calibration of pre-development, during construction, and post construction period in accordance with Section 7.1 of the AEGD Subwatershed Study Implementation Document. The development impact monitoring plan shall develop baseline conditions of the downstream systems and the monitoring shall occur throughout the construction of the subdivision and for a period of not less than 2 years after all lot/blocks within the approved draft plan are fully developed. In the event a problem arises, the Owner further agrees to take the necessary remedial action as per the monitoring report, at their cost. The engineering design and cost estimate schedules for the outlet works shall include a minimum of $100,000.00 cash security for potential remedial works.

The security shall not be released or reduced until it has been demonstrated that there are no impacts as a result of development for a period of not less than 2 years after full buildout of the draft approved plan, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

37. That, prior to preliminary grading, the Owner in consultation with the City of Hamilton shall obtain all required approvals from Airport Authority/Transport Canada, as it relates to the stormwater management (SWM) strategy, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

38. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedule, a provision for the installation of the 400mmØ watermain sewer along Southcote Road to the southern limits of the property, as well as the looping watermain system from the proposed dead-end cul-de-sac to Southcote Road, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

39. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedules provisions for the proposed stormwater management (SWM) facility (in Block 12) to accommodate the subject development, including all applicable external lands, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

40. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedules a provision for the proposed sanitary sewer located under the proposed stormwater management (SWM) pond and proposed overland flow channel (Block 11), to be properly lined, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

41. That, prior to servicing, the Owner shall submit a geotechnical report prepared by a qualified professional engineer and implement the report’s recommendation with respect to the design of the liner within the Stormwater Management (SWM) Pond, if required, and with respect to the implementation of LID measures in accordance with City standards, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

42. That, prior to servicing, the Owner acknowledges and agrees that the design and size of the sanitary sewer system for the subdivision lands and associated development blocks shall conform to the Airport Employment Growth District (AEGD) design guidelines and requirements and meet the minimum 375mm diameter sewer requirements, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

43. That, prior to servicing, the Owner shall submit a sanitary flow monitoring plan to monitor the sanitary discharge rates for the site to ensure flows are within the allocated flows as per the AEGD Wastewater Capacity Allocation Policy and in accordance with the AEGD Water and Wastewater Master Servicing Strategy. The monitoring plan shall occur for a period of not less than 2 years after occupancy, and a provision in the cost schedule shall be provided accordingly. In the event that a problem arises, the Owner further agrees to take the necessary remedial actions as per the monitoring report at their cost, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

44. That, prior to servicing, the Owner shall submit a typical road cross section design that will include a roadside ditch on both sides of the pavement to accommodate appropriate LID’s to achieve water quality and water balance targets per the AEGD Sub-watershed Master Plan, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

45. That, prior to servicing, the Owner be required to relocate, as required, all affected utility poles, hydrants, pedestals, hydro vaults, etc. on Garner Road East and Southcote Road, entirely at the Owner’s expense, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

46. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedules provision for the installation of a 1.5m black vinyl coated heavy-duty chain-link fence adjacent to Blocks 1 and 2 to ensure that private and public lands are properly separated, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

47. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedules provision for the installation of sidewalks and multiuse paths on both sides of Street “A” and Street ‘B’, in accordance with the AEGD Transportation Master Plan (TMP) and the City of Hamilton’s Complete Street Design, all to the satisfaction of The Director of Growth Management and Chief Development Engineer.

48. That, prior to servicing, the Owner shall submit a geotechnical report prepared by a qualified professional engineer including the provision for LID standards in accordance with City standards to the satisfaction of the Director of Growth Management and Chief Development Engineer.

49. That, That, prior to servicing, the Owner agrees to include in the design and engineering cost schedules provision for any temporary works including, but not limited to, traffic improvement works, pavement widening, sidewalk, traffic signals, including removals associated with the future urbanization, along Garner Road East and Southcote Road, at 100% the Owner’s cost, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

50. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedule provision for installation of all required works corresponding with approved drawings/plans within the intersection of Street ‘A’ and Garner Road East, including but not limited to pavement widening, street lighting, signs, pavement markings, traffic lights, etc., all at the Owner’s expense, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

51. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedule provision for installation of all required works corresponding with approved drawings/plans within the intersection of Street ‘B’ and Southcote Road, including but not limited to pavement widening, street lighting, signs, pavement markings, traffic lights, etc., all at the Owner’s expense, to theisfaction of the Director of Growth Management and Chief Development Engineer.

52. That, prior to servicing, the Owner agrees to take responsibility to maintain, develop and implement a compliance and performance monitoring plan for all LID systems proposed within the Street ‘A’ and Street ‘B’ right-of-way limits, for a minimum of 2 years after the assumption by the City, and shall provide a

$100,000.00 security for its operation and maintenance, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

53. That, prior to servicing, the Owner shall indicate all driveway locations on the engineering drawings for all lots, and further, that the driveways be established outside of the daylight triangles, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

54. That, prior to servicing, the Owner shall provide a monitoring and mitigation plan in case groundwater/private well impacts arise from construction activities. This contingency plan would include identification and monitoring of potential impacts, triggers, timelines for investigation, City notification protocol, and mitigation plans in case impacts arise, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

55. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedules, a detailed design of the sanitary pumping station(s) (SPS) in accordance with City Standards and procedure, including landscaping and architectural features consistent with the overall urban design guidelines, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

56. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedules a provision to provide a sanitary outlet at the west limit of the subject lands to service the lands west of Highway No. 6, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

57. That, prior to servicing, the Owner agrees to include in the engineering design and cost estimate schedules permanent pavement marking and signage plans for all internal streets of the subdivision including, stop signs, stop bars, pedestrian crossings, etc. upon placement of surface course asphalt, entirely at the Owner’s costs, all to the satisfaction of the Director of Growth Management & Chief Development Engineer.

58. That, prior to servicing, the Owner agrees to include in the engineering design and cost estimate schedules temporary pavement marking and signage plans for all internal streets of the subdivision including, stop signs, stop bars, pedestrian crossings, etc. upon placement of base course asphalt, entirely at the Owner’s costs, all to the satisfaction of the Director of Growth Management & Chief Development Engineer.

59. That, prior to servicing, the Owner shall include in the engineering design a provision for the sizing of the storm sewer system and ensure that the storm sewer shall accommodate the external drainage area of the future urbanization of

Southcote Road, south of Street ‘B’ up to the high-point, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

60. That , prior to servicing, the Owner agrees to include in the engineering design and costs estimate schedule provision to install sanitary sewer within the Southcote Road ROW, adjacent to the subject lands, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

61. That, prior to servicing, the Owner agrees to include in the engineering design and cost estimate schedule provision for installation of a 4.0 metres wide maintenance access c/w turning circle within Block 10, from the widened limit of Southcote Road to the woodlot buffer, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

62. That, prior to servicing, the Owner agrees to include in the engineering design and cost estimate schedule provision for installation of a 1.5 metre high chain link fence along the west and south property line of Block 1, north and west property line of Block 2, west and south property line of Blocks 3 and 4 and west and south property line of Block 9, adjacent to Block 12, as well the south property line of Block 9, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

Transportation Planning

63. That, prior to registration, Garner Road East is an Arterial Road and Street ‘A’ shall be a Collector Road. The Applicant is to dedicate a 12.19-metre x 12.19- metre Daylighting Triangle to the right-of-way as per the Council Approved Urban Official Plan: Chapter C – City Wide Systems and Designations 4.5 Road Network Functional Classification; Daylighting Triangles 4.5.7.

64. The eastern daylighting triangle at the intersection is located on the adjacent property and as such, the Applicant is not able to dedicate the required triangle to the municipal right-of-way. Transportation Planning waives this daylighting triangle requirement until such time as the adjacent lands are developed or the land is dedicated/expropriated in association with the future Garner Road East urbanization and widening as per the requirements of the Garner Road Environmental Assessment.

In the interim, that prior to registration, the Applicant acknowledges and will make best efforts to maintain the Daylighting Triangle dedication area so that vegetation shall not exceed a height of 0.6 metres to maintain adequate sight distance at the intersection. Transportation Planning will accept this arrangement until such time as the adjacent lands are developed or the land is dedicated/expropriated in association with the future Garner Road East urbanization and widening as per the requirements of the Garner Road

Environmental Assessment and the Official Plan Daylighting triangle requirements can be provided/achieved.

65. That, prior to registration, Southcote Road is an Arterial Road and Street ‘A’ shall be a Collector Road. The Applicant is to dedicate a 12.19-metre x 12.19 metre Daylighting Triangle to the right-of-way, as per the Council Approved Urban Official Plan: Chapter C – City Wide Systems and Designations 4.5 Road Network Functional Classification; Daylighting Triangles 4.5.7.

66. That, prior to registration, the future Street A (Collector 10N) and Street B shall both be Collector Roads. The Applicant is to dedicate a 9.57-metre x 9.57- metre Daylighting Triangle to the right-of-way as per the Council Approved Urban Official Plan: Chapter C – City Wide Systems and Designations 4.5 Road Network Functional Classification, Daylighting Triangles 4.5.7

67. The maximum required daylighting triangle cannot be achieved on the Applicant’s lands at this time. Transportation Planning will accept the maximum achievable daylighting triangle (through this application) at the intersection of Street A and Street B as an interim condition until such time as Block 15 is dedicated to the City, the adjacent lands are developed and the required land is dedicated or the land is acquired through an expropriation, or a combination resulting in provision of the required 9.57-metre x 9.57-metre daylighting triangle.

68. That, prior to servicing, the Owner shall include in the engineering design and cost estimate schedules, provision for the installation of all required works within the intersection of Street ‘A’ (Collector 10N) & Garner Road, including street lighting, signage, and pavement markings and further that:

a. A traffic signal control is required to be provided at the intersection. A standalone traffic signal control drawing is required separate from engineering design submissions; and the design shall consider the ultimate scheduled capital works project along Garner Road East.

b. The intersection shall be designed with the appropriate lane configuration, storage length and taper lengths required as per the final recommendations of the Transportation Impact Study submitted in support of the subject Development Application.

c. All subject to the satisfaction of the Manager, Transportation Planning."

69. That, prior to registration of the final plan of subdivision, 0.3 m reserves (identified as Blocks 21 – 29 on the Draft Plan) shall be placed along the frontages of Blocks ‘1’ through ‘9’, to the satisfaction of the Manager, Transportation Planning.

70. That, prior to registration of the final plan of subdivision, the following conditions shall be included in the subdivision agreement describing the requirements to lift the 0.3 m reserves along the frontages of Blocks 21-29 through the Site Plan Control process, to the satisfaction of the Manager, Transportation Planning:

a. 50% of the subject lands will be permitted to be built out prior to the construction of a 50 metre eastbound right-turn lane at the intersection of Street ‘A’ (Collector 10N) & Garner Road East;

b. A trip generation letter shall be provided to verify the percentage of build- out per each block; and,

c. If the subject lands reach greater than 50% build-out prior to construction of Garner Road East urbanization and road widening as per the requirements of the Garner Road Environmental Assessment, the holding provision will not be lifted until securities for a temporary 50 metre eastbound right-turn lane is provided.

71. That, prior to servicing, the Owner shall provide a pavement marking and signage plan for the alignment of Collector 10N from Garner Road East to Southcote Road, to the satisfaction of the Manager, Transportation Planning.

72. That, prior to servicing the Owner shall include in the engineering design and cost estimate schedules provision for the installation of a 3.0 metre multi-use trail along one side of Collector 10N OR a uni-directional 1.8 metre cycle track on both sides of Collector 10N, to the satisfaction of the Manager, Transportation Planning.

Legislative Approvals

73. Prior to registration, the owner and agent should work with Legislative Approvals

/ Staging of Development Staff to name the proposed Street A and Street B and finalize municipal addressing for the individual Blocks, all to the satisfaction of the Director of Growth Management.

Development Planning

74. That, prior to registration of the final plan of subdivision, the owner agrees, at their expense, to investigate the appropriate location for an entrance feature along Garner Road East, as indicated in the Airport Employment Growth District Secondary Plan, to the satisfaction of the Director of Planning and Chief Planner. Should it be determined that an entrance feature is required, the owner agrees, at their expense to design and construct the entrance feature, prepared by a qualified landscape architect, to the satisfaction of the Director of Planning and Chief Planner and the Director of Operations and Maintenance.

Natural Heritage

75. That, prior to preliminary grading and/or servicing, the owner shall prepare and implement a revised Tree Protection Plan (TPP) to the satisfaction of the Director of Heritage and Urban Design. The TPP is to be prepared by a tree management professional (i.e., certified arborist, registered professional forester, or landscape architect) in accordance with the City’s Council adopted Tree Protection Guidelines (revised October 2010). Removal of trees is not to occur until this condition has been satisfied. The Tree Protection Plan will:

a. The owner is to be aware of the Migratory Birds Convention Act, 1994 and Endangered Species Act, 2007 (or equivalent) and agrees that the removal of any vegetation is to occur during October 1 to March 30 by placing notations on the TPP relating to birds and bats.

i. In the event that removals are proposed outside of the restricted timing window, the owner shall have a qualified biologist conduct a nest search of the vegetated area prior to any vegetation removal. City of Hamilton Natural Heritage Planning staff will be made aware of the timing of the nest search and will attend if available. If an active nest(s) is found, the tree will not be removed until the nest is no longer active. If active nest(s) are not found, the tree(s) should be removed within 72 hours of the nest survey.

ii. Bats: In the event that tree removal is proposed during the restricted bat roosting period, the owner shall consult with the Ministry of Environment, Conservation, and Parks (MECP) to determine the appropriate approach for tree(s) that have been identified as potential bat habitat. Trees with bat habitat potential are to be determined following Ministry of Conservation, and Parks (MECP) recommended survey protocols.

b. The owner shall provide a Verification of Tree Protection Letter prepared by a recognized tree management professional (i.e., certified arborist, registered professional forester, or landscape architect) is to be provided. This is to confirm that all tree protection measures have been installed in accordance with the TPP.

c. A phasing plan for the removal of trees.

76. That, prior to preliminary grading and/or servicing , the owner shall prepare a Wetland Design Plan for the creation of at least 0.12 ha to the satisfaction of the Director of Heritage and Urban Design. The Wetland Design Plan should incorporate the following wetland types:

a. An ephemeral pool/wetland, similar to habitat in the adjacent woodland, outside of the dripline of the woodland. This wetland design will include

grading up to 40 cm in depth (subject to volume and surface flow capacity requirements), planted with trees and shrubs, and have downed woody debris embedded in the side slopes.

b. A meadow marsh, located on the east side of the woodland, at least 10 m from the dripline of the woodland, north of the ephemeral pool/wetland. The design will include a depth of up to 40 cm (subject to volume and surface flow capacity requirements), with plantings of shrubs to discourage use by waterfowl. No trees should be planted to the north within the Vegetation Protection Zone or within 10 m of the east side of the meadow marsh. The planting plan for the meadow marsh should include Short-awned Foxtail and have plugs of Short-awned Foxtail planted to ensure a population of this locally rare plant is established and there is an increase in the population within the area.

c. Designs for the replacement wetland will require review and approval from the Hamilton International Airport; adjustments to the design for the consideration of human health and safety to detract waterfowl will be prioritized.

77. That, prior to preliminary grading and/or servicing, the owner shall prepare a grading plan that demonstrates that grading within the vegetation protection zone (VPZ) with the exception of the replacement wetland is not required to accommodate adjacent development, to the satisfaction of the Director of Heritage and Urban Design. Any grade changes must be accommodated outside of the VPZ.

78. That, prior to preliminary grading and/or servicing, as it relates to the wetland removal, the owner is to be aware of the Fish and Wildlife Conservation Act, 1997 and agrees that if a wildlife salvage permit is required, written confirmation will be provided to the satisfaction of the Director of Heritage and Urban Design. A copy of the correspondence with the Ministry of Natural Resources and Forestry (MNRF) and approved Permit will be submitted to the City for their records.

79. That, prior to preliminary grading and/or servicing, the owner shall develop and implement an Invasive Species Management Plan to the satisfaction of the Director of Heritage and Urban Design. This Plan will include a Letter of Credit and monitoring plan. Monitoring is to occur for no less than 5 years.

80. That, prior to preliminary grading and/or servicing, the owner shall prepare and implement a Transplant Plan for locally uncommon Downy Hawthorn

(Cratageus mollis) and Short-awned Foxtail (Alopecurus aequelis) to the satisfaction of the Director of Heritage and Urban Design.

d. The Transplant Plan is to include:

i. Methodology

ii. Timing of re-location

iii. GPS co-ordinates and mapping of individuals within the subject properties

iv. GPS co-ordinates and mapping of “replanting” area, and

v. Photograph records of both the original sites and the replanting sites.

e. Where transplant is not deemed feasible, consideration of alternative methods of propagation (e.g., seed collection, cuttings) or sourcing of plant material from a supplier providing locally and ethically sources species, where available, will be documented in the plan. For Short-awned Foxtail, local seed should be collected and planted in the recreated meadow marsh.

f. A written letter from a qualified botanist confirming the completion of the transplant work outlined in the approved Transplant Plan.

81. That, prior to preliminary grading and/or servicing, the owner shall prepare a phasing plan to the satisfaction of the Director of Heritage and Urban Design. Phasing will prioritize planting the VPZ and replacement wetland after earthworks are completed. Earthworks will require the removal of the existing wetland and creation of the replacement wetland at the same time.

82. That, prior to preliminary grading and/or servicing, the owner shall prepare a water balance, to the satisfaction of the Director of Heritage and Urban Design. This is to assess how base flow will be maintained to the recreated wetland.

83. That, prior to preliminary grading and/or servicing, the owner shall prepare a cost estimate for the wetland creation proposed within Block 10 and post securities to the satisfaction of the Director of Planning and Chief Planner.

84. That, prior to preliminary grading and/or servicing, owner agrees to a 7-year Monitoring Plan shall be prepared to the satisfaction of the Director of Heritage and Urban Design for the created wetland within Block 10.

85. That, prior to registration of the final plan of subdivision, the owner shall prepare a Vegetation Protection Zone (VPZ) Planting Plan to the satisfaction of the Director of Heritage and Urban Design. The VPZ Planting Plan is to be prepared by a certified landscape architect in consultation with and ecologist and will identify the locations and species to be planted. Within the VPZ Planting Plan, the following are to be undertaken:

a. All plantings within the VPZ shall use only non-invasive species native to Hamilton.

b. Species supporting the life cycle needs of Monarch butterfly are to be incorporated into the VPZ. These include Common Milkweed, Wild Bergamot, aster, and goldenrod.

c. Only shrubs are to be planted on the north and west side of the wetland.

86. That, prior to registration of the final plan of subdivision, the owner agrees to provide monitoring reports on the health of the transplanted species for a period of two years post-transplant, to the satisfaction of the Director of Heritage and Urban Design. The reports will be submitted by January 31st of the year following the monitoring period..

87. That, prior to registration of the final plan of subdivision, the owner shall prepare a Stewardship Action Plan, to the satisfaction of the Director of Heritage and Urban Design. This Plan will include but not be limited to the following: i) fencing, ii) snow storage, iii) Landscape Maintenance Strategy (i.e., mowing, fertilizing), iv) signage.

88. That, prior to registration of the final plan of subdivision, no sooner than two years after vegetation planting of the wetland compensation areas, the owner shall have a qualified biologist evaluate the wetland re-creation areas to confirm the wetland has been implemented according to the Wetland Design Plan. The qualified biologist shall prepare a letter of confirmation to the satisfaction of the Director of Heritage and Urban Design.

89. That, prior to registration of the final plan of subdivision, the following conditions shall be included in the subdivision agreement to the satisfaction of the Director of Planning and Chief Planner.

The owner agrees that the created habitat within Block 10 will be monitored for a period of 7 years post-installation (Years 1, 2, 3, 5, 7). Monitoring will follow an adaptive management protocol. The City may request additional monitoring, up to a maximum of 10 years Years 9 and 10), if the approved monitoring plan's metrics are not met. The

intent of additional monitoring would be to evaluate the success of further mitigation necessary to establish the form and function of Block 10 in accordance with the monitoring plan. Monitoring reports will be submitted to the City of Hamilton by January 31st of the following year monitoring was completed.

a. The owner agrees to implement the approved Invasive Species Management Plan to the satisfaction of the City.

90. That, prior to registration of the final plan of subdivision, the owner shall prepare a Landscape Plan showing the placement of compensation trees for tree removals in accordance with the Tree Protection Plan, including a phasing plan for tree removal and planting, to the satisfaction of the Director of Heritage and Urban Design. Compensation is to be based on the following:

a. Dead trees and Common Buckthorn(Rhamnus cathartica),are exempted from compensation requirements.

b. Trees that are proposed within the right-of-way of Streets A and B are to meet the City’s minimum requirements and will be included within the compensation calculations.

c. A minimum of 30 percent of the trees planted outside of the municipal right-of-way are to meet the City’s minimum requirements (50 mm caliper for deciduous trees; 1.5 m high for coniferous trees). Any compensation trees planted within the stormwater management facility, vegetation protection zone, or linkage area are to be native species to Hamilton.

d. The remaining trees are to be a minimum of 20 mm caliper in size and are to be planted at a 2:1 ratio.

e. Nodal plantings comprised of whips/saplings may be permitted with the Block 10 Linkage Area that is to be dedicated to the City at a 3:1 ratio provided that 30 percent of trees planted within the Block 10 linkage area meet the City’s minimum requirements (50 mm caliper for deciduous trees; 1.5 m high for coniferous trees) and are native species to Hamilton..

f. Cash-in-lieu would be required at a rate of 1:1 and is to be based on the City’s Forestry User rate.

Urban Forestry

91. A Tree Management Plan must be submitted to the Forestry and Horticulture Section c/o the Urban Forestry Health Technician, to address potential conflicts with publicly owned trees. Conditions of the Forestry and Horticulture Section will be cleared only after receipt of all applicable fees and payments. TMP must be

prepared by a MTCU Qualified Arborist, or ISA Certified Arborist, or a Registered Landscape Architect. All trees within this proposed development area must be surveyed, identified and accurately plotted on the plan to determine ownership, including intensions regarding retention or removal. It is compulsory that all proposed surface treatment changes within individual tree driplines as well as property lines, building footprints, driveways, utility construction corridors and temporary access roads be accurately depicted on the submission.

Hamilton Conservation Authority

92. Prior to Grading the applicant shall prepare a Stormwater Management Report which includes details of the low flow channel designed to mimic natural conditions to the satisfaction of the HCA.

93. Prior to Grading the applicant shall prepare a Erosion and Sediment Control Plan to the satisfaction of the HCA.

94. Prior to Grading the applicant shall prepare a Grading Plan to the satisfaction of the HCA.

95. Prior to Grading the applicant shall prepare a Landscape Plan to the satisfaction of the HCA.

96. Prior to Grading the applicant shall prepare a Hydrogeological Report to the satisfaction of the HCA.

97. Prior to Registration The submission and approval of an HCA permit pursuant to the Conservation Authorities Act and Ontario Regulation 41/24 (Prohibited Activities, Exemptions, and Permits) watercourses FG-1a-d received a ‘mitigation’ recommendation. To meet this recommendation, Dillon Consulting has proposed a swale along the Significant Woodland’s Vegetation Protection Zone (VPZ) which drains to the dry SWM Pond along the western boundary of the property (Block 12).

Ministry of Transportation

98. That prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, a stormwater management report indicating the intended treatment of the calculated runoff.

99. That prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, detailed grading, servicing, survey and internal road construction plans.

100. That prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, a traffic impact study to assess the impacts on Highway(s) 403 and 6 and identify any related highway improvements.

101. That prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, a Noise Report.

102. That prior to final approval, the owner shall submit to the Ministry of Transportation for their review and approval, all required Ministry permits.

Hydro One

103. Prior to HONI providing its final approval, the developer must make arrangements satisfactory to HONI for lot grading and drainage. Digital PDF copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to HONI for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. Drainage must be controlled and directed away from the transmission corridor

104. Any development in conjunction with the subdivision must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the transmission corridor.

105. At the developer’s expense, temporary fencing must be placed along the transmission corridor prior to construction, and permanent fencing must be erected along the common property line after construction is completed.

106. The costs of any relocations or revisions to HONI facilities which are necessary to accommodate this subdivision will be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the subdivision.

Hamilton Airport

107. The Owner acknowledge it is the responsibility of the owner to demonstrate compliance with the Airport Zoning Regulations (AZR) through a Legal Land SuNey attesting clearance of the surfaces as specified in the Transport Canada

Advisory Circular (AC) 602-003, to the satisfaction of the Hamilton Airport Manager and Transport Canada.

108. The drawdown time for rooftop storage, dry pond or any an open water storage reservoir cannot exceed a period of 48 hours to reduce wildlife hazard as per the AZR, particularly birds that may create a hazard for aviation safety.

NOTES TO DRAFT PLAN APPROVAL

Pursuant to Section 51 (32) of the Planning Act, draft approval shall lapse if the plan is not given final approval within three years. However, extensions will be considered if a written request is received two months before the draft approval lapses.