Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 12, 2025
CASE NO.:
OLT-24-000893
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
AD Thompson Road Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit 30 single-detached dwelling units and 72 semi- detached dwelling units, for a total of 102 residential units.
Reference Number:
ZNPL2020144 & 28TPL2020142
Property Address:
220 Thompson Road West, Waterford
Municipality/UT:
Norfolk
OLT Case No.:
OLT-24-000893
OLT Lead Case No.:
OLT-24-000893
OLT Case Name:
AD Thompson Road Inc. v. Norfolk (County)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
AD Thompson Road Inc.
Subject:
Proposed Plan of Subdivision - Refusal by Approval Authority
Description:
To permit 30 single-detached dwelling units and 72 semi- detached dwelling units, for a total of 102 residential units.
Reference Number:
28TPL2020142
Property Address:
220 Thompson Road West, Waterford
Municipality/UT:
Norfolk
OLT Case No.:
OLT-24-000894
OLT Lead Case No.:
OLT-24-000893
OLT Case Name:
AD Thompson Road Inc. v. Norfolk (County)
BEFORE:
STEVEN T. MASTORAS
Monday, the 10th
MEMBER
day of March, 2025
THESE MATTERS having come before the Tribunal as a written settlement hearing (“Settlement”) with the consent of AD Thompson Road Inc. (“Applicant”/ “Appellant”), the County of Norfolk (County), and Lafarge Canada Inc. (“Lafarge”) which was granted Party Status in this matter, consisting of appeals pursuant to subsections 34(11) and 51(39) of the Planning Act (“Act”) seeking a Final Order approving the terms of the Settlement;
AND THE TRIBUNAL having been provided by Affidavit, a written Witness Statement from Eldon Darbyson, Director of Planning with G. Doulas Vallee Limited, and qualified expert in Land-Use Planning, submitted on consent of all the Parties (signed February 28, 2025) and marked as Exhibit 1; and,
AND THE TRIBUNAL having been provided with details of the proposed development as described in Exhibit 1 (pg.6), consisting of 102 residential dwelling units which represents the basis of the Settlement between all the Parties, noting the County has authorized acceptance of the Settlement; and,
AND THE TRIBUNAL having been provided the detailed Witness Statement, which also responds to written Participant concerns of Norfolk Disposal Services Ltd., filed on January 30, 2025;
AND THE TRIBUNAL having considered the written materials filed, and the uncontroverted opinion evidence of Eldon Darbyson (Exhibit 1), and having accepted those opinions, is satisfied that the Settlement as presented: 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 County of Norfolk Official Plan and the County of Norfolk Comprehensive Zoning By-law 1-Z-2018; and represents good planning in the public interest;
THE TRIBUNAL ORDERS that the appeal filed by AD Thompson Road Inc. pursuant to subsection 34(11) of the Planning Act is allowed, and hereby approves the Zoning By-law Amendment set out in Attachment 1 to this Final Order;
AND THE TRIBUNAL ORDERS that the appeal filed by AD Thompson Road Inc. pursuant to subsection 51(39) of the Planning Act is allowed, and the Draft Plan of Subdivision is also hereby approved set out in Attachment 2 to this Final Order;
AND THE TRIBUNAL ORDERS that the approval of the Draft Plan of Subdivision is subject to the County of Norfolk’s Draft Plan Conditions set out in Attachment 3 to this Final Order;
AND THE TRIBUNAL ORDERS that pursuant to Subsections 51(56.1) and 51(58) of the Planning Act, the County of Norfolk shall have the authority to clear the Draft Plan Conditions set out in Attachment 3 and to administer final approval of the Draft Plan of Subdivision set out in Attachment 2;
AND THE TRIBUNAL ORDERS that in all other respects, the balance of this appeal is dismissed; and that in the event there are issues arising from the implementation of the above Final Orders, the Parties may seek the further assistance of the Tribunal.
“Euken Lui”
EUKEN LUI
ACTING 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
ZONING BY-LAW AMENDMENT
The Corporation of Norfolk County
By-Law 2025 - XX
Being a By-Law to Amend Zoning By-Law 1-Z-2014, as amended, for property described as Part Lot 6, Concession 9, Urban Area of Waterford, Norfolk County.
Whereas Norfolk Council is empowered to enact this By-Law, by virtue of the provisions of Section 34 of the Planning Act, R.S.O. 1990, CHAPTER P.13, as amended; and
Whereas this By-Law conforms to the Norfolk County Official Plan; and
Now therefore the Council of The Corporation of Norfolk County hereby enacts as follows:
- That Schedule A of By-Law 1-Z-2014, as amended, is hereby further amended by changing the zoning of the subject lands identified as Part 1 and Part 2 on Map A (attached to and forming part of this By-Law), in accordance with the following:
Part 1: from Development (D) Zone to Urban Residential Type 2 Zone (R2), and
Part 2: from Development (D) Zone to Open Space (OS) Zone;
- That Subsection 14 Special Provisions is hereby amended by adding new Special Provision 14.1057 to the subject lands as follows:
14.1057 In lieu of the corresponding provisions of the R2 Zone, the following shall apply:
a) minimum exterior side yard – 3 metres
Enacted and passed this ______ day of ________, 2025.
Explanation of the Purpose and Effect of
By-Law 2025 - XX
This By-Law affects a parcel of land described as Part Lot 6, Concession 9, Urban Area of Waterford, Norfolk County.
The purpose of this By-Law is to change the zoning on the subject lands from Development (D) Zone to Urban Residential Type 2 Zone (R2) and Open Space (OS) Zone to facilitate a subdivision development consisting of single detached and semi-detached dwellings. The Open Space (OS) Zone shall include a stormwater management pond and an open space to ensure a minimum of 70 metres buffer area between the proposed residential lots and the industrial property lines to the north and east sides across Thompson Road West and Blueline Road.
Applicant ROI Group (Spadafora)
Report Number CD 23-107
Assessment Roll Number 3310336050531020000
ATTACHMENT 2
DRAFT PLAN OF SUBDIVISION
ATTACHMENT 3
DRAFT PLAN OF SUBDIVISION
CONDITIONS OF APPROVAL
CONDITIONS FOR DRAFT PLAN OF SUBDIVISION
Pursuant to the provisions of Section 51 of the Planning Act, R.S.O., 1990 c. P.13, as amended, (“the Planning Act”) the following conditions will apply for the development application 28TPL2020142.
THAT this approval applies to the proposed draft plan of subdivision, legally described as Part Lot 6, Concession 9, Urban Area of Waterford, Norfolk County, further described in PIN 502860315 (LT), prepared by G. Douglas Vallee Ltd. and dated February 26, 2025, which includes the following:
a. 30 Single Detached Residential Lots (Lots 1 to 30)
b. 36 Semi-detached Lots (Lots 31 to 66)
c. Stormwater Management Block (Block 1, 0.663 Ha)
d. Landscaping/Buffer Open Space Block (Block 2 and 3, 0.739 Ha)
e. 0.3 metre Exterior Side Yard and other Reserves (Block 4-11)
f. Servicing Block (Block 12, 0.024 Ha)
AND FURTHER THAT draft plan of subdivision approval will expire three (3) years following the issuance of the Ontario Land Tribunal's decision dated March 12, 2025, after which draft plan approval shall lapse pursuant to Section 51(32) of the Planning Act, R.S.O. 1990, c.P.13, as amended. It is the Owners’ responsibility to contact Norfolk County Planning if an extension of draft plan approval is required thirty (30 days) prior to the expiry date.
AND FURTHER THAT the Owner covenants and agrees that the subject lands will not be developed, serviced, altered, disturbed or graded prior to the final plan approval except where a pre-servicing agreement is registered on title and except to the extent required for the purpose of any archeological assessment.
STUDIES, REPORTS AND ASSESSMENTS
AND FURTHER THAT the Owner covenants and agrees that all additional studies, reports and assessments be completed by a qualified professional, with findings and recommendations implemented prior to final plan approval. Please note that this may result in amendments to your draft plan approval and conditions which will require a redline development application, subsequent fees and processing time.
AND FURTHER THAT prior to final plan approval, the Owner shall carry out the recommendations and any necessary mitigation required by the Functional Servicing Report to the satisfaction of Norfolk County.
AND FURTHER THAT prior to final plan approval, the Owner shall carry out the recommendations and any necessary mitigation provided in the required studies, reports and assessments including, but not limited to and to the satisfaction of Norfolk County:
a. Functional Servicing Report including Stormwater Management, dated August 4, 2022, prepared by G. Douglas Vallee Consulting Engineers; or as amended;
b. Water Modelling Report, dated August 2, 2023 and the Sanitary Modelling Report, dated August 3, 2023 prepared by RV Anderson; or as amended; and
c. Traffic Impact Study dated March 2020, Traffic Impact Memo dated 8 March 2022 as prepared by RC Spencer Associates Inc; or as amended; and
d. Geotechnical Investigation Report dated January 2018 as prepared by Petro MacCallum Ltd; or as amended.
AND FURTHER THAT any study, report and assessment be technically reviewed by third party qualified professionals at the discretion of Norfolk County, at the Owner’s expense.
AND FURTHER THAT the Owner shall demonstrate through the use of Norfolk County’s water distribution system model that there is adequate water supply and pressure for potable water to accommodate the development, at the Owner’s expense, to the satisfaction of the Norfolk County’s consultant or designate.
AND FURTHER THAT the Owner shall demonstrate through the use of Norfolk County’s sanitary distribution model that there is sufficient capacity in the wastewater collection system downstream to accommodate the development, at the Owner’s expense, to the satisfaction of Norfolk County’s consultant or designate.
AND FURTHER THAT the Owner shall implement the water and sanitary distribution model recommendations for the development, at the Owner’s expense, to the satisfaction of Norfolk County’s consultant or designate.
LAND TRANSFERS, RESERVES AND EASEMENTS
AND FURTHER THAT the Owner shall provide a draft reference plan showing all transfers, temporary reserves, exterior side yard reserves, reserves and easements to the Agreement Administrator for acceptance.
AND FURTHER THAT at the time of registration, all transfers, reserves, easements and agreements shall be granted to Norfolk County, and the appropriate utilities and authorities to the satisfaction of the Agreement Administrator. Additional transfers, reserves and easements may be required subject to final servicing decisions. In the event of any conflict with existing facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements and in cooperation of the respective owners.
AND FURTHER THAT the Owner shall ensure all road allowances be constructed and dedicated as public highways on the final plan to the satisfaction of the Agreement Administrator.
AND FURTHER THAT the Owner shall fulfill the following conveyances, at the expense of the Owner and free from all encumbrances to the satisfaction of the Agreement Administrator.
a. Stormwater Management Block (Block 1, 0.663 Ha)
b. Landscaping/Buffer Open Space Block (Block 2 and 3, 0.739 Ha)
c. 0.3 metre Exterior Side Yard and other Reserves (Block 4 through 11)
d. Servicing Block (Block 12, 0.024 Ha)
PARKLAND, TREE PLANTING, TRAILS AND WALKWAYS
AND FURTHER THAT the Owner shall provide cash in lieu of parkland to Norfolk County in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended, and By-Law 2016-126 to the satisfaction of Norfolk County Community Development Division.
AND FURTHER THAT the Owner shall prepare and implement a Tree Protection Plan for the existing trees along Thompson Road, as appropriate, prepared by a Registered OALA to the satisfaction and with the cooperation of the Norfolk County Forestry and Operations.
AND FURTHER THAT the Owner shall prepare and implement a Landscape Plan and Tree Planting Plan which includes at a minimum one tree per lot/unit and includes tree planting along the frontages to County roadways, prepared to the satisfaction of Norfolk County Forestry and Operations.
AND FURTHER THAT the Owner provides a payment to Norfolk County, in accordance with Norfolk County’s User Fee By-Law, for the planting of 50 mm caliper sized trees, where such trees are proposed to be planted within the County’s right of way.
AND FURTHER THAT the Owner shall prepare a Landscape Plan for the stormwater management pond, and the open space which includes a pathway (sidewalk), lighting and sitting facilities, and implement them to the satisfaction of Norfolk County Forestry and Operations.
FIRE AND EMERGENCY SERVICES
- AND FURTHER THAT that Owner shall agree to provide adequate fire protection measures and the installation of fire hydrants, if required, to the satisfaction of the Fire Chief for Norfolk County.
BUILDING
- AND FURTHER THAT the Owner shall prepare and ensure that a comprehensive erosion and sediment control plan is in place and that fencing or other suitable barriers have been installed prior to site alteration and initiating of any grading or construction to prevent the unauthorized dumping of fill and to minimize erosion. The fencing or other suitable barriers should be kept in place until all grading and construction on lands and roadways have been completed.
DEVELOPMENT ENGINEERING
- AND FURHTER THAT a total allocation of 126.2m3/day for water and 707.6m3/day for wastewater shall be conditionally allocated to the Draft Approved lands which must be registered by July 30, 2026 (24 months) and substantively built by December 31, 2029.
Substantively built is defined as 85% occupied by new residents. The County reserves the sole an unfettered right to extend allocation should circumstances warrant or to allow the conditional allocation (or remaining uncommitted conditional allocation) to expire and not be committed to any Phase agreement should the registration and substantial build dates set out above not be achieved.
AND FURHTER THAT the Owner shall evaluate the current performance of the Blueline Road SPS including the storage capacity, and determine the improvements required to handle total peak flows generated from planned area developments as well as proposed Thompson Farm development. Should the pumping capacity of the SPS need to be increased, the impact of increased flow from the SPS on the downstream sewers will need to be reinvestigated to confirm their adequacy to convey flows. The Owner agrees to undertake (as a commitment within the subsequent development agreement) and fund the required upgrades necessary to support this development and/or participate financially in the undertaking of same.
AND FURTHER THAT the Owner agrees to update the servicing plan for this development proposal to extend the watermain line to the southerly proposed subdivision road connection to Blueline and within the existing roads within the plan of subdivision so as to negate the placement of any watermain within the lands to be dedicated to the County as Park Block.
AND FURTHER THAT the Owner agrees to update the overall grading and servicing plan to demonstrate accommodation and proper treatment of drainage from external lands that currently pass through the development site. Such accommodate may require the construction of a by-pass cut off swale and/or accommodation of this drainage within the internal site servicing plan. The overall objective is to ensure no pooling or collection of water on the adjoining lands as a result of the land changes within this development.
AND FURTHER THAT the Owner agrees to update the servicing plan for this development to encapsulate all proposed rear-yard catch basins within an easement to be conveyed to Norfolk County and that warning clauses be placed within each purchase and sale agreement for each lot containing an rear yard catch basin easement; advising on its existence and restrictions imposed by the County.
AND FURTHER THAT the Owner agrees that the subdivision will be designed to ensure that the basement floor levels will be at set at least 1 m above the seasonal high ground water level, per the Geotechnical Report by Peto MacCallum.
AND FURTHER THAT the Owner acknowledges that any off-site reuse of excess soils will be subject to certain environmental handling restrictions, per the Geotechnical Report by Peto MacCallum.
AND FURTHER THAT the Owner agrees to adhere to Ontario Soil Regulation O.Reg. 406/19. For inbound fill on lands to be conveyed to the County, the Owner is obliged to ensure that all fill placed on these lands is suitable for the type of land use in which the land is being conveyed to the County (Roads, Park, SWM). The Owner agrees to undertake the required testing and remediation (if necessary) to ensure the lands/soils are suitable for their intended use (ie. residential development) and that the lands will remain suitable if/when fill material is brought to the site.
The application package includes a Functional Servicing Report (FSR), prepared by Vallee Consulting dated May 12, 2020. The FSR indicates the stormwater will be discharged to a designed wet pond facility with an outlet through the existing Waterford South Municipal Drain (WSMD) along Thompson Road. The FSR concludes that there will be no change of performance of the WSMD when comparing the pre-development and post-development flow. Development Engineering confirmed that the Waterford South Municipal Drain report (John Vallee, P.Eng., 1996) specifically notes the design excluded this area and it is not to be connected. If the development is granted to an outlet to the WSMD, an engineer must be hired to complete a reevaluation of the original drain system/report as per Section 76 of the Drainage Act. A detailed analysis of the proposed emergency overflow path will also be required.
AND FURTHER THAT the Owner shall agree, prior to the installation of any site servicing, to complete all required information and forms as identified in Norfolk County’s Consolidate Linear Infrastructure Environmental Compliance Approval (CLI-ECA) transfer of review relating to the municipal water, sanitary and storm systems for the whole development or phase thereof.
AND FURTHER THAT the owner shall agree to provide certification by a licensed professional geotechnical engineer for any and all earthworks that is completed on site through a pre-servicing agreement and/or under the subdivision agreement. This is to include, but is not limited to, the placement or removal of fill and soil per the Site Preparation section of the submitted Geotechnical Report prepared by Peto MacCallum. All excess fill brought on site must be certified clean and suitable for the intended use.
AND FURTHER THAT the Owner agrees in writing to satisfy all requirements, financial and otherwise, of Norfolk County concerning upgrading, provision and dedication of roads, installation of roads, sidewalks, the installation of municipal water, sanitary sewer services, utilities, and storm water drainage, installation of street lighting and payment of capital charges.
AND FURTHER THAT the Owner shall agree to obtain a road occupancy permit from Norfolk County prior to the commencement of any servicing or other works within any County Road right-of-way.
AND FURTHER THAT the 0.3 metre reserves known as Block 4 to Block 11 be dedicated to Norfolk County.
AND FURTHER THAT the Owner agrees to provide the appropriate and necessary sidewalk connection and supporting boulevard conditions to deliver:
a. A municipal sidewalk along the south side of Thompson Road from the proposed subdivision roadway connection on Thompson Road to the Thompson Road/Blueline intersection, and
b. A municipal sidewalk, complete with supporting streetlighting along the west side of Blueline Road from the proposed subdivision roadway connection to Blueline Road to the Blueline Road/Thompson Road intersection, and
c. Appropriate pedestrian ramps at the south-west and south-east intersection radii at Thompson Road and Blueline Road, necessary to support pedestrian crossings at this location.
Such works may require the urbanization of the west side of Blueline Road so as to eliminate the existing roadside ditch; thereby creating a proper boulevard to support the municipal sidewalk.
AND FURTHER THAT the Owner shall (if so obligated through an updated TIS that includes the consideration of pedestrian impacts along Thompson Road) design and implement a pedestrian crossing PXO Level 2 – Type C facility along Thompson Road at a location so specified within the TIS, if required.
AND FURTHER THAT the Owner shall agree to prepare engineering design drawings, including, but not limited to general plan of services, grading, drainage, storm water management system, sediment and erosion control, plan and profile design drawings, to the satisfaction of Norfolk County, as may be required for the subject lands in accordance with the most recent Norfolk County Design Criteria and the recommendations of the studies, reports and assessments. In addition, the Owner shall further agree at the Owners expense, to construct the accepted works, to the satisfaction of Norfolk County.
AND FURTHER THAT the Owner shall undertake the necessary works to relocate the existing hydro pole line located within the planned storm water management block and to secure the release of the Hydro One easement over these same lands (as indicated achievable by Hydro One per email of April 3, 2023).
AND FURTHER THAT the Owner shall agree that during construction of the development, the stormwater management facilities and access road, that all maintenance activities will be the responsibility of the Owner. Erosion and sediment control for the construction of the stormwater management facilities shall be in accordance with the engineering drawings that have been accepted by Norfolk County.
AND FURTHER THAT the Owner shall agree the Subdivision Agreement shall require that prior to the assumption of the stormwater management facilities by Norfolk County it is the Owner’s responsibility to provide record drawings of the facility that includes the existing permanent pool volume, inlet and outlet structure inverts, maintenance access and drying area. The Owner further acknowledges that calculating the permanent pool volume can be determined by a bathymetric survey, which will validate how much sediment has accumulated over time.
AND FURTHER that the Owner agrees to construct the SWM pond according to the approved plans. The Owner agrees to provide the County with an Operational and Maintenance Manual for the pond prior to assumption. The Owner further agrees to monitor the storm water management pond during the development process and action any necessary cleaning if/when required to ensure the pond operates as designed. This period of monitoring shall extend to 2 years post full build out of the subdivision, following which assumption of the pond may be requested. If necessary, the pond shall be cleaned out prior to assumption.
AND FURTHER THAT the Owner shall agree to provide Norfolk County with all inspection and maintenance records developed according to the Environmental Compliance Approval from the appropriate Ministry prior to assumption.
AND FURTHER THAT the Owner acknowledges and shall comply with the recommendations and procedures outlined in “Guidelines on surface runoff due to Erosion and Sediment Control for Urban Construction Site” (OMNR 1987).
AND FURTHER THAT the Owner agrees to provide a construction access and management plan setting out how they will address issues of site access, noise, mud tracking and dust management and to provide a 24/7 contact number for staff to access a responsible party whom has the authority to respond and resolve issues that may arise on these matters.
AND FURTHER THAT the Owner shall agree within each phase of the development (if any), that any road that is not a through street at the completion of the phase will be terminated as a temporary turning circle in accordance with Norfolk County Design Criteria, to the satisfaction of Norfolk County.
AND FURTHER THAT the Owner shall agree to prepare engineering as-constructed drawings, to the satisfaction of Norfolk County in accordance with the most recent Norfolk County Design Criteria.
AND FURTHER THAT the Owner shall agree to carry out or cause to be carried out a residential potable well monitoring program to monitor water levels located within 300m of the development site during construction of the subject lands.
Drainage Act Conditions:
AND FURTHER THAT the Owner shall agree to pay all costs related to Norfolk County appointing a qualified engineer on behalf of the Owner as it relates to Section(s) 4, 65, 76 or 78 of the Drainage Act, R.S.O. 1990, c. D.17 to address any proposed drainage works required to service the subject lands, modification of existing drainage works, or to address modifications to existing drainage watersheds and assessments currently passed under By-Law that may be affected by the proposed development.
AND FURTHER THAT the current Waterford South Municipal Drain must be analyzed by a third Party for current and future capacity prior to Norfolk County consideration of approving any external watershed being added to the system.
AND FURTHER THAT if the subject lands are to be serviced by a municipal drain under the Drainage Act, the Owner agrees to pay the actual net assessment to be identified within a future drainage report for the subject lands, which may be required to service and develop the property. All assessments will be calculated by the Engineer appointed based on the 3rd and final reading of the by-law passed by Council in accordance with the Drainage Act.
ENVIRONMENTAL SERVICES
- AND FURTHER THAT that Owner shall agree to provide private waste/recycling collection services to the occupied homes within the subdivision until a minimum of 50% occupancy is achieved, at which time the Owner shall make a written request to the Director, Environmental Services (Norfolk County) to transfer the waste/recycling collection to the public system. The Director, Environmental Services shall advise on the acceptance or denial of same depending on a review of site conditions and occupancy levels at the time of request. Should the County accept or deny the request for transfer, notice to this effect will be provided to the Owner. The Director, Environmental Services may entertain earlier transfers of service as condition permit/warrant
PLANNING
AND FURTHER THAT the Owner shall provide documentation that the proposed lots and units are in conformity with the provisions and requirements of Zoning By-Law 1-Z-2014, as amended, and certified by an Ontario Land Surveyor.
AND FURTHER THAT the Owner shall agree that prior to offering any of the residential lots for purchase, to place a “Display Map” where possible, in a place visible to the public, which indicates the accepted location of all: sidewalks, trails, walkways, parks, open space areas, stormwater management facilities, and community mailboxes, and to provide Norfolk County Planning with an electronic version of said map.
AND FURTHER THAT the Owner shall receive approval from Norfolk County Geographic Information Systems for any street name and subsequent civic addressing included within the development.
AND FURTHER THAT the Owner agrees to satisfy all requirements, financial, and otherwise, of Norfolk County concerning installation, upgrading, maintenance, provision and dedication of roads, sidewalks, municipal water, sanitary sewer services including a sewage pumping station, utilities, stormwater facilities, street lighting, fencing, fire hydrants, and payment of capital charges etc. relating to the development.
AND FURTHER THAT the Owner agrees to ensure payment of municipal taxes, development charges.
COMPATIBILITY
AND FURTHER THAT, the owner agrees to address the key concerns identified within the Industrial Noise Assessment through the Peer Review comments by Sonair Environmental dated May 28, 2024 to the satisfaction of Norfolk County.
AND FURTHER THAT, the owner agrees to implement any alternative or additional mitigations should it be identified as required through an updated Industrial Noise Assessment to the satisfaction of Norfolk County.
AND FURTHER THAT, the owner agrees to implement the recommendation outlined in the CCS Engineering Report date October 8th, 2021. The following mitigation measures will be implemented on Lots 1 and 30:
i. Construction of an acoustic barrier (fence) for any side yard and/or rear yard facing Thompson Road or Blue Line Road. The fence shall be constructed to the standards required by the D6 Compatibility analysis.
ii. Housing units should be designed with a provision for the installation of central air conditioning.
iii. Install triple pane windows on any yard facing Blueline Road and Thompson Road.
iv. Incorporate warning clause in the purchase & sale agreement due to the potential road traffic and due to the proximity of the industrial facilities.
UTILITIES
AND FURTHER THAT the Owner shall consider locating all utilities (telephone lines, local power, other cable services) underground and is encouraged to explore the provision of fibre optic cable or enhanced telecommunication technologies.
AND FURTHER THAT the Owner shall contact and enter into an agreement with the appropriate service providers for the installation of utility services for the Lands.
AND FURTHER THAT the Owner shall provide a suitable location for a temporary community mailbox until curbs, sidewalks and final grading are completed at the permanent community mail box locations.
AND FURTHER THAT the developer will consult with Canada Post to determine a suitable temporary and/or permanent location for the community mailboxes, concrete base pads, walkways and curb depressions and to identify these structures on the General Plan of All Services.
AND FURTHER THAT the Owner shall provide a letter to the Agreement Administrator from Canada Post indicating their requirements have been satisfied.
OFFERS OF PURCHASE AND SALE AGREEMENTS
AND FURTHER THAT the Owner shall agree to include a clause within the Offers of Purchase and Sale Agreements for all lots and dwelling units advising prospective purchasers that lot grading shall be maintained according to the Master Grading Plan and alterations shall require approval Norfolk County’s Chief Building Official Division.
AND FURTHER THAT the Owner shall agree to include a clause within the Offers of Purchase and Sale Agreements for all lots and dwelling units advising prospective purchasers that the dwellings are within the influence area of a minimum Class II to Class III industrial operations along Thompson Road west and Blueline Road and may be subject to noise and compromised air quality.
FINAL PLAN APPROVAL
AND FURTHER THAT the Owner agrees that the final plans will be preapproved by Registry Office and the Agreement Administrator prior to execution and deposit.
AND FURTHER THAT the Owner agrees to enter into an Agreement, and any subsequent amending or supplementary Agreements thereto, and that the Agreements shall be registered on title to the subject lands, all at the Owner’s expense.
AND FURTHER THAT the Owner agrees to postpone any charges and/or mortgages to the County’s Agreement, and that the Postponement of Interest shall be registered on title to the subject lands, all at the Owner’s expense.
AND FURTHER THAT the Owner agrees that prior to final plan approval; the Agreement Administrator is to be advised in writing how all conditions have been met with the submission of a comprehensive package that includes written approvals written acceptances, final reports and documentation to detail how each condition has been satisfied.
AND FURTHER THAT the Owner shall advise in writing how conditions 1 to 73 have been satisfied at least twenty one (21) days prior to the final plan approval of the development.
AND FURTHER THAT the Owner agrees that if there are violations of any draft plan conditions of approval for the development that cannot be rectified, that the draft plan approval becomes null and void.
NOTES TO DRAFT PLAN APPROVAL
That an application for draft plan of approval expiry date extension could result in a review of the draft plan and conditions of approval which may result in a redline development application requirement.
That the development must be in compliance with Norfolk County’s Design Criteria, as amended from time to time.
That if a proposal does not meet the minimum design standards, technical requirements, policy guidelines, legislation and regulations in force and effect, a redline revision to the draft plan and additions, removal or modifications to these draft plan conditions may be required.