Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 16, 2025 CASE NO.: OLT-24-000803

PROCEEDING COMMENCED UNDER subsection 36(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Dickenson Limited Partnership and Dickenson GP Inc.

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

Description: To permit an industrial warehouse development

Reference Number: ZAH-22-021

Property Address: 9451,9517, 9569, 9579, 9593 and 9867 Dickenson

Road, 1199 and 1205 Glancaster Road

Municipality/UT: Hamilton/Hamilton

OLT Case No.: OLT-24-000803

OLT Lead Case No.: OLT-24-000803

OLT Case Name: Dickenson Limited Partnership and Dickenson GP Inc.

v. Hamilton (City)

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

Applicant and Appellant: Dickenson Limited Partnership and Dickenson GP Inc Subject: Proposed Plan of Subdivision – Failure of Approval

Authority to make a decision

Description: To permit an industrial warehouse development

Reference Number: 25T-202203

Property Address: 9451,9517, 9569, 9579, 9593 and 9867 Dickenson

Road, 1199 and 1205 Glancaster Road

Municipality/UT: Hamilton/Hamilton

OLT Case No.: OLT-24-000804

OLT Lead Case No.: OLT-24-000803 BEFORE:

ERIC S. CROWE ) Monday, the 14th

MEMBER )

) day of July, 2025

THIS MATTER, in respect of the lands at 9451,9517, 9541, 9569, 9579, 9593 and 9867 Dickenson Road, 1199 and 1205 Glancaster Road, in the City of Hamilton (“City”), having come before the Tribunal for a written settlement hearing on July 14th, 2024;

AND THE TRIBUNAL, having received and considered a comprehensive Affidavit including attached exhibits of Edward John sworn on July 10, 2025, Registered Professional Planner and full member of the Canadian Institute of Planners;

AND THE TRIBUNAL having received the Draft Plan of Subdivision attached hereto as

Attachment 1 to this Order;

AND THE TRIBUNAL having received the Conditions of Draft Plan Approval attached hereto as Attachment 2 to this Order;

AND THE TRIBUNAL having found that approval of the Draft Plan of Subdivision attached hereto as Attachment 1 is consistent with the Provincial Planning Statement, 2024, conforms with the City of Hamilton’s Urban Hamilton Official Plan and Airport Employment Growth District Secondary Plan and has regard for the criteria set out under subsection 51(24) of the Planning Act, and imposing the Conditions of Draft Plan Approval attached hereto as Attachment 2 is reasonable, having regard to the nature of the development proposed for the subdivision;

NOW THEREFORE

THE TRIBUNAL ORDERS THAT in accordance with subsection 51(56) of the Planning Act,

1. The Draft Plan of Subdivision appeal is allowed in part;

2. The Draft Plan of Subdivision attached hereto as Attachment 1, prepared by Landwise and dated July 3, 2025, is hereby approved subject to the Conditions of Draft Plan Approval described in 3. below;

3. The Conditions of Draft Plan Approval attached hereto as Attachment 2 are hereby approved; and

4. The Appellant’s/Applicant’s appeal of the Zoning By-law Amendment application to lift Holding Provision 37 is adjourned, sine die.

AND THE TRIBUNAL ORDERS that it may be spoken to in the event that any issues should arise in connection with the implementation of this Order.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

ATTACHMENT 2

Special Conditions for Draft Plan of Subdivision Approval for 25T-202203

That this approval for the Draft Plan of Subdivision, 25T-202203, prepared by Landwise, and certified by Thomas J. Salb, O.L.S., dated July 10, 2025, consisting of:

Phase 1: three blocks for employment uses (Blocks 1, 2 and 5), three blocks for road widening (Blocks 6, 7, and 8), four natural heritage system (NHS) blocks (Blocks 9, 10, 13, and 18), two stormwater management blocks (Blocks 11 and 12), one reserve block for future development (Block 15), two NHS watercourse channel blocks (Blocks 16 and 17), two overland drainage blocks (Blocks 21 and 22), four NHS watercourse channel buffer blocks (Blocks 23, 24, 25, and 26), four NHS buffer blocks (Blocks 27, 28, 29, and 30)

Phase 2: two blocks for employment uses (Blocks 3 and 4), two temporary road right-of-way blocks (Blocks 19 and 20), one stormwater management block (Block

be received and endorsed by City Council with the following special conditions:

Development Engineering:

1. That the owner acknowledges and agrees in writing, to grant an easement in favour of the City to provide for access and inspection of all private facilities, including but not limited to, the private stormwater management (SWM) pond(s), underground facilities, and low impact development (LID) features, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

2. That the owner acknowledges and agrees in writing, that as a condition of the future site plan approval, they will be required to enter into a site plan agreement with the City to address long term maintenance and financial obligations for the private stormwater management features within the site, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

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

following commitments:

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

ii. 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;

iii. 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; and,

iv. 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;

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

4. That the owner acknowledges and agrees in writing, that detailed stand-alone stormwater management reports will be required for Site Plan Applications for Blocks 1, 2, 3, 4 and 5 (inclusive) to be prepared by a professional engineer, to demonstrate compliance with the Functional Servicing and Storm Water Management Report (FS & SWM Report) for the subdivision, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

5. That the owner agrees to provide an updated Functional Servicing Report (FSR) and Stormwater Management (SWM) Report. If it is determined that additional changes to the Draft Plan or Conditions of Draft Plan approval are required, the appropriate planning process shall be followed, 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 agrees and acknowledges that the final plan of subdivision must be in alignment and accordance with recommendations of the on-going, concurrent Municipal Class Environment Assessments (MCEA) for Arterial 1N and Dickenson Road. Furthermore, the owner acknowledges that if it is determined that additional changes to the Draft Plan or Conditions of Draft Plan approval are required, the appropriate planning process shall be followed, 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, the final plan of subdivision shall include block(s) showing sufficient lands to be dedicated to the City of Hamilton as a public highway by the owner

the widened limit of Dickenson Road West at approximately ±22.5 m from the centre line of the original road allowance, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

8. 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 Standards for the draft plan or as determined through the EA process, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

That, prior to registration of the final plan of subdivision, the owner shall submit

lands for the stormwater management (SWM) facility blocks (Blocks 11, 12, and 14), subject to an approved stormwater management design, as required, within the draft plan. Furthermore, the owner acknowledges that all development blocks will be undevelopable until the design of the stormwater management ponds for that specific phase are approved, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

That, prior to registration of the final plan of subdivision, the owner shall submit

lands for the proposed NHS watercourse channel blocks (Blocks 16 and 17), NHS blocks (Blocks 9, 10, 13 and 18), NHS watercourse channel buffer blocks (Blocks 23

26), NHS buffer blocks (Blocks 27 30) and Drainage blocks (Blocks 21 and 22), subject to an approved stormwater management and natural channel design (Blocks 16 and 17), as required, within the draft plan. Furthermore, the owner acknowledges that all development blocks will be undevelopable until the design of the NHS watercourse channel blocks are approved, 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, or prior to preliminary grading, whichever is earlier, 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:

i. 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);

ii. Demonstrate how the post development flows at each stormwater pond outlet will be controlled to allowable flow rates for the subject development at the outlets based on lesser of unitary flow rates as per AEGD Subwatershed Study and Stormwater Master Plan and existing condition

model developed for the subject development for all ranges of storm events including the 100-year event;

iii.​

the proposed development considering treatment train design principles using low impact development (LIDs) that are surface-based and incorporate filtration by infiltrating a minimum of 10mm 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-

Standards and Guidelines;

iv. Demonstrate with erosion exceedance analyses that the potential for excess erosion within the watercourse downstream of storm outlet (s) will be mitigated by the proposed stormwater management measures and that minimum detention time for runoff from a 25mm design storm will be achieved;

v. Demonstrate that the proposed conveyance swales (Blocks 21 and 22) can convey the 100-year flow based on conservative storm distribution from the external lands associated with the proposed conveyance swales;

vi. Demonstrate that the proposed open channel (Block 16-17) including an open bottom bridge or similar structure between Block 16 and Block 17 across Street A can convey greater of 100-year flow based on conservative storm distribution or Regional storm event flow from the drainage lands associated with the proposed channel including a minimum

te

erosion protection;

vii. Demonstrate that the hydraulic grade line (HGL) for the 100-year return period storm event will be a minimum of 0.30m below the top of grate elevation at all applicable inlet structures located at the edge of pavement of the roadway and the 5-year HGL will be within storm sewers; and

viii. Demonstrate that the proposed dry pond(s) are 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.

12. That, prior to registration of the final plan of subdivision, the owner agrees to transfer to the City to designate as a public highway, a temporary turning circle at

These blocks shall be transferred back to the owner for nominal consideration upon the extension of Street to Glancaster Road and all costs associated with the transfer will

be at the owner

Management and Chief Development Engineer.

13. That, prior to registration of the final plan of subdivision, the Owner shall demonstrate that there is sufficient space within Blocks 21 and 22 for maintenance access roads, accessible from either Street 'A' or Dickenson Road, all to the satisfaction of the Director of Growth Management and Chief Development Engineer. Access roads are to include a turn-around access within the Blocks. If sufficient space for turn-around access cannot be provided in accordance with City standards entirely within Blocks 21 and 22, the Owner agrees to provide access easements as necessary in favour of the City to allow such turn-around access.

That, prior to registration of the final plan of subdivision, the owner shall pay a proportional share for the future urbanization of Dickenson Road West based on the

Comprehensive Development Guidelines and Financial Policies Manual, along the frontage of the property, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

That, prior to registration of the final plan of subdivision, the owner shall submit sufficient details to demonstrate that the proposed 45.0 m wide right-of-way can accommodate the typical road cross section, complete with sidewalks, ditches, street furniture, utilities, etc., in accordance with the Airport Employment Growth Development (AEGD) Transportation Master Plan (TMP). Furthermore, if during the detailed design stage it is identified that the road cross section cannot be accommodated within the 45.0 m wide right-of-way, or additional drainage easement

owner agrees to dedicate additional lands and/or complete the necessary transfer deed to establish an easement to the City, to facilitate the design and construction of the street, all 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 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 of each year, provided that the following criteria:

i. Sites are easily accessible;

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

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

iv. 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.

17. 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 (i.e., 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 and Chief Development Engineer.

That, prior to registration of the final plan of subdivision, the Owner shall

In the event the system is not accepted by the City prior to registration, the Owner shall arrange for energization of the permanent street lighting system directly with the applicable hydro authority. The Owner shall be responsible for all associated energy costs until such time as the street lighting system is accepted by the City and placed on a two-year maintenance period, all to the satisfaction of the Director of Growth Management and the Chief Development Engineer.

That, prior to registration of the final plan of subdivision, the owner shall pay the

Director of Growth Management and Chief Development Engineer.

20. That, prior to preliminary grading, the owner 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.

21. That, prior to preliminary grading, the owner shall prepare and submit a detailed topographic survey from both the development lands and the Airport Lands to clearly identify the external drainage areas draining towards the subject lands and Airport Lands, all to the satisfaction of the Director of Growth Management and Chief

Development Engineer. It is acknowledged and agreed by the City and the owner that provision of a detailed topographic survey on the Airport Lands is contingent upon obtaining permission to access the Airport Lands.

22. That, prior to preliminary grading, the owner shall obtain the necessary permission/consent from the affected landowners of the surrounding lands, if grading encroachment is proposed on their properties required for the construction within the Draft Plan of Subdivision. If permission cannot be obtained the owner must provide interim design options at the owner Growth Management and Chief Development Engineer.

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

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

ii. Location and maximum dimensions of stockpiling;

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

iv. Details on heavy truck routing;

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

vi. 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; and

vii. A staging/construction plan for the watercourse realignment.

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

24. That, prior to preliminary grading, the owner agrees to include in the engineering design and cost estimate schedules a provision for the construction of the conveyance swale/open storm drainage channel within Blocks 21 and 22 to convey all flows from the required drainage lands, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

25. That, prior to preliminary grading, the owner shall submit an updated 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:

i. Seasonal high groundwater levels;

ii. Excavation depths;

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

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

v. 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:

i. An aquifer is breached during construction;

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

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

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

v. 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.

26. 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 500 m 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.

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

i. 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.; and

ii. 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.

28. 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.

29. That, prior to preliminary grading, the owner provide to the City of Hamilton, any required permit(s)/approval from the NPCA, specifically in the areas associated with the existing wetland and hazard lands, pursuant to Ontario Regulation 41/24, 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.

That, prior to servicing, the owner shall include in the engineering design and cost estimates schedule a provision to construct and extend the sanitary trunk sewer

1N, to provide a sanitary outlet for the subject lands, in accordance with the Comprehensive Development Guidelines and Financial Policies and cost sharing notes. Furthermore, the owner agrees to obtain a minimum of three (3) offers by a pre-qualified Civil Consultant for completion of the trunk sanitary sewer, including but not limited to, preparation of the base plans, geotechnical and hydrogeological study, detailed design, obtaining the City and MECP approval, tendering, inspection, and contract administration, etc., all to the satisfaction of the Director of Growth Management and Chief Development Engineer. The owner shall enter into a Subdivision Agreement to include the engineering design , a provision to construct and extend the sanitary trunk sewer along Dickenson Road West, from Upper

rterial Road 1N, to provide a sanitary outlet for the

subject lands, and a provision that the works are available for credit in accordance

-law. If the construction timing for the sanitary trunk sewer east of Upper James Street does not align with the development of the subject lands, then the owner agrees to connect the trunk sewer to the existing sanitary sewer on Upper James Street as a temporary re-routing measure to support this development.

31. That, prior to preliminary grading, the owner agrees to submit a surface water monitoring plan, prepared by a qualified professional, and agrees to monitor surface water for pre-development, during construction, and post-development of the existing and proposed watercourses in order to ensure that the downstream lands are not negatively impacted by the subject development. The monitoring plan shall include the following components, in-keeping with Section 7.1 of the AEGD Subwatershed Study and Stormwater Master Plan Implementation Document:

Installation of a rain gauge; Flow rates monitoring;

Continuous temperature and water level monitoring upstream and downstream of stormwater pond outlets; and

Visual assessment following large storm events equivalent or greater than the 5-year return period event

The Owner agrees to monitor downstream system as per Section 7.4 of the AEGD Subwatershed Study and Stormwater Master Plan Implementation Document including development of baseline condition of the downstream receiving stream provided the Airport grants access to their lands for monitoring purposes. 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. Should erosion concerns be documented and attributed to the development, a remediation plan shall be prepared and works carried out by the owner 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. This monitoring will be documented in the overall monitoring report for the site which will be submitted annually to the City of Hamilton by January 31st of the following year monitoring was completed. The security shall not be released or reduced until it has been demonstrated that there are no erosion 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. Note: If the Airport does not grant access to their lands for monitoring purposes, the baseline condition within the existing watercourse downstream of the airport property shall be established for erosion monitoring to the satisfaction of the Director of Growth Management and Chief Development Engineer.

32. That, prior to servicing, the owner shall include in the engineering design and cost estimate schedule, a provision to construct the sanitary trunk sewer from the

where it terminates

at Arkwood Drive,

Guidelines and Financial Policies Manual, all to the satisfaction of the Director of Growth Management and Chief Development Engineer. Note: If the sanitary trunk cannot be completed to Glancaster Road due to timing of the required land acquisition, then a temporary manhole shall be provided at the termination of Street

That, prior to registration, the owner shall prepare and provide a cost estimate schedule based on a preliminary design of a sanitary sewer for the future construction by others of the extension of the local sanitary sewer along Dickenson Road West, from Street A to Glancaster Road. The owner further agrees to provide security for their share of the future construction costs based on frontage in

Policies Manual, to the satisfaction of the Director of Growth Management and Chief Development Engineer. If at the Site Plan Application stage the owner demonstrates that Block 1 will be serviced by Street A and not Dickenson Road West, then the security held in relation to the owner by

the City.

34. That, prior to servicing, the owner shall either enter into an Subdivision Agreement include in the engineering design and cost estimate schedule, a provision to construct and extend a 400 mm diameter watermain along Dickenson Road West, from the existing 300 mm diameter watermain (approximately 600 m east of the

in accordance

Manual, and the cost sharing notes, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

35. That, prior to servicing, the owner shall include in the engineering design and cost estimate schedule, a provision to construct a 400 mm diameter watermain from the

rarily looping to Glancaster Road, until an interim or ultimate connection from the subject property to Glancaster Road is achieved and a permanent watermain is constructed, as per Condition 43, in accordance with the hensive Development Guidelines and Financial Policies Manual, and the cost sharing notes , all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

36. That, prior to registration, the owner shall prepare and provide a cost estimate schedule based on a preliminary design for the future construction by others of a 300mm watermain along Dickenson Road West, from Street A to Glancaster Road.

The owner further agrees to provide security for their share of the future construction

Guidelines and Financial Policies Manual, to the satisfaction of the Director of Growth Management and Chief Development Engineer. If at the Site Plan

for Block 1 servicing will be released by the City.

37. That, prior to servicing, the owner shall submit a written request to the Director of Development Engineering which includes verification to support the amount of wastewater capacity allocation required for the lands to be serviced and obtain written confirmation that the requested allocation has been secured, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

38. 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.

39. That, prior to servicing, the owner agrees to include in the engineering design and cost estimate schedule the construction of the temporary cul-de-sac at Blocks 19

owner Growth Management and Chief Development Engineer.

40. That, prior to servicing, the owner agrees to include in the engineering design and cost estimate schedules provision for the future removal of the temporary turning

if required, including all associated

restoration costs, at the owner

Growth Management and Chief Development Engineer.

41. That, prior to servicing, in the event that phasing occurs and phasing necessitates the requirement of temporary turning circles in accordance with City Guidelines, the owner agrees to include in the engineering design and cost estimate schedules a provision for the construction and future removal of temporary turning circles to permanent City standards. The final M-Plan shall show the blocks required to be dedicated to the City for the temporary turning circle(s). Upon extension of the Str right-of-way, the blocks no longer deemed necessary for the temporary turning circles shall be transfered back to the owner for nominal consideration, entirely at the owner

Management and Chief Development Engineer.

42. That, prior to servicing, the owner relocate, as required, all affected utility poles, hydrants, pedestals, hydro vaults, etc. on Dickenson Road West at the intersection of Street A and along Dickenson Road West , entirely at the owner , to the satisfaction of the Director of Growth Management and Chief Development Engineer.

43. That, prior to the development of Blocks 3 and 4, if the owner advances development of Blocks 3 and 4 by widening the existing Arkwood Drive to achieve a minimum 40-metre right-of-way width to Glancaster Road, prior to the completion of the full alignment and cross- dway from the

owner shall relocate, as required, all affected utility poles, hydrants, pedestals, hydro vaults, etc. on

Management and Chief Development Engineer. For greater clarity, if the owner advances the widening of Arkwood Drive and the connection to Glancaster Road as

1N), the owner shall dedicate the entire parcel of land purchased as required to achieve the minimum 40-metre right-of-way to the City (which may result in the required right-of-way width being greater than 40 metres)

only be required to construct an interim two-way connection within the minimum 40- metre right-of-

satisfaction of the Director of Growth Management and Chief Development Engineer. Note: the temporary interim roadway connection shall be designed at minimum as a two-lane road, with appropriate traffic control, a 3.0 metre sidewalk one side of the roadway and one 1.5 metre sidewalk on the other side. All servicing/utilities, including swales on both sides, are to be provided in accordance with the City standards, all (including costs associated with the removal or relocation of any temporary infrastructure and works as required to facilitate the full permanent buildout of Arterial 1N).

44. That, prior to servicing, the owner shall include in the engineering design and cost estimate schedules provision for the installation of a 1.5 m black vinyl coated heavy- duty chain-link fence adjacent to the greater of all public stormwater management blocks (Blocks 11, 12 and 14), NHS watercourse channel buffer blocks (Blocks 23- 26), NHS buffer blocks (Blocks 27-30), NHS blocks (Block 18) and Drainage blocks (Blocks 21 and 22) to ensure that all private and public lands are properly separated, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

That, prior to servicing, the owner shall include in the engineering design and cost estimate schedules provision for the installation of sidewalks and multi-use paths on

te Street Design, all 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 schedule a provision for installation of any temporary works within the

, if required, including traffic improvement works, pavement widening, sidewalks, traffic signals, street lighting, signs, and pavement markings, to the satisfaction of the Director of Growth Management and Chief Development Engineer and the Manager, Transportation Planning.

47. That, prior to the development of Blocks 3 and 4, if the owner advances development of Blocks 3 and 4 by widening the existing Arkwood Drive to achieve the minimum 40 metre right-of-way width to Glancaster Road prior to the completion of the full alignment and cross-

43), the owner shall include in the engineering design and cost estimate schedule provision for installation of any temporary works within the intersection of Arkwood

works, pavement widening, sidewalks, traffic signals, street lighting, signs, and pavement markings, to the satisfaction of the Director of Growth Management and Chief Development Engineer and the Manager, Transportation Planning. For greater clarity, if the owner advances the widening of Arkwood Drive and the connection to Glancaster Road as an interim condition prior to the completion of the full alignment

two-way connection within the minimum 40-metre right-of-way width to Glancaster

Management and Chief Development Engineer, consistent with all requirements and notes specified in Condition 43.

48. That, prior to servicing, the owner shall submit a geotechnical report prepared by a qualified professional engineer including the provision for low impact development (LID) measures along Street A and within Blocks 1-4 in accordance with City standards, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

49. That, prior to servicing, the owner agrees to take responsibility to maintain, develop and implement a compliance and performance monitoring plan for all low

-of-way limit for a minimum of 5 years or for 2 years following 90% build out of the draft plan, whichever comes first, and that owner agrees that $100,000 will be held back until the LID systems are accepted , all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

50. That, prior to servicing, the owner agrees to take responsibility to maintain, develop and implement a compliance and performance monitoring plan for the proposed conveyance swale/open-channel system within Blocks 21 and 22, all 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, a provision to construct the proposed re-aligned watercourse open-channel system within Blocks 16 and 17 to convey the greater of 100-year flow based on conservative storm distribution or Regional storm event flow from the drainage lands associated with the proposed channel, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

52. That, prior to servicing, the owner shall include in the engineering design and cost estimate schedule, a provision to construct a conveyance swale/open-channel system within Blocks 21 and 22 to the 100-year flow based on conservative storm distribution from the drainage lands associated with the proposed conveyance swale, all to the satisfaction of the Director of Growth Management and Chief Development Engineer.

53. 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.

54. That, prior to servicing, the owner acknowledges and agrees that the servicing of the draft plan lands shall not commence until the stormwater management (SWM) facilities for a specific phase are completed and operational, as per the design approved by the City of Hamilton, to the satisfaction of the Director of Growth Management and Chief Development Engineer.

55. That, prior to servicing, the owner agrees to provide a comprehensive design for the proposed bridge or open bottom culvert, including railing and walkway, in accordance with the Terms of Reference to be prepared by the owner, and be approved by the City in consultation with the NPCA. The design shall be completed by a Structural Engineer with input from a qualified ecologist. The owner further agrees that the design will be peer reviewed, entirely at the owner the satisfaction of the Director of Growth Management and Chief Development Engineer. At detailed design, through a design brief, if it is demonstrated that an open bottom culvert can achieve all design requirements (fluvial, terrestrial, aquatic and water resources) including adequate design to support a functional wildlife crossing structure for the targeted terrestrial and aquatic wildlife, then a Terms of Reference will not be required and the design will not require peer review.

Transportation Planning:

56. That, prior to registration, the owner shall provide the appropriate right-of-way dedications along Dickenson Road West as per the Hamilton Airport Employment Growth District: Transportation Master Plan Update 2023, Table 8 to achieve an

ultimate right-of-way of 45 metres from Glancaster Road to Upper James Street, to the satisfaction and approval of the Manager, Transportation Planning.

57. That, prior to registration, the draft plan shall be updated to show (Arterial 1N as per AEGD TMP) as an Arterial Road with an ultimate right-of-way of

45.0 metres, to the satisfaction and approval of the Manager, Transportation Planning.

That, prior to registration, the future intersection of Dickenson Road West & Street

dedicated to the right-of-way, as per the Council Approved Urban Official Plan: Chapter C - City wide Systems and Designation 4.5 Road Network Functional Classification; Daylighting Triangles 4.5.7, or as determined through the Street EA process, to the satisfaction and approval of the Manager, Transportation Planning.

59. That, prior to registration, the owner shall complete the following requirements:

i.

Submit an updated Transportation Impact Study (TIS) for review and approval, that at a minimum reviews the functional design requirements for an interim traffic signal based on existing lane configuration, and if

(Arterial 1N) & Dickenson Road West;

ii.

1N) & Dickenson Road West will be located within the existing right-of-way limits of Dickenson Road West and does not exclude the existing lane configuration along Dickenson Road West as being adequate pending the updated TIS.

iii. A detailed interim traffic signal design is to be prepared and submitted by a qualified transportation consultant based on the findings of the TIS;

iv.

An interim pavement marking, and signage design shall be prepared and submitted by a qualified transportation consultant illustrating interim

v.

accepted subject to a temporary terminating cul-de-sac of the roadway until such time as the full alignment and cross-sectional design of the roadway can be completed to Glancaster Road by the City or the existing Arkwood Drive is widened by the owner to achieve a minimum 40-metre right-of-way width to Glancaster Road (as per Condition 43), whichever comes first. For greater clarity, if the owner advances the widening of Arkwood Drive and the connection to Glancaster Road as an interim

1N), the owner shall only be required to construct an interim two-way connection within the minimum 40-metre right-of-way width to Glancaster

Growth Management and Chief Development Engineer, consistent with all requirements and notes specified in Condition 43; and

vi. All costs associated with the works, including but not limited to the design and construction of the required interim traffic control device, will be at the expense of the owner;

all to the satisfaction and approval of the Manager, Transportation Planning and the Manager, Transportation Operations and Maintenance.

60. ​

(Arterial 1N), according to the Airport Employment Growth District Transportation Master Plan, is constructed from Dickenson Road West to Glancaster Road, or the existing Arkwood Drive is widened to achieve the minimum 40 metre right-of-way width to Glancaster Road (as per Condition 43) whichever comes first, to the satisfaction and approval of the Manager, Transportation Planning. For greater clarity, if the owner advances the widening of Arkwood Drive and the connection to Glancaster Road as an interim condition prior to the completion of the full alignment

 shall only be required to construct an interim two-way connection within the minimum 40-metre right-of-way width to Glancaster

Management and Chief Development Engineer, consistent with all requirements and notes specified in Condition 43.

Development Planning:

61. That, prior to registration, the owner shall agree in the Subdivision Agreement to advise purchasers of Block 1, Block 2, Block 3, Block 4, and Block 5 that a detailed noise study may be required at the Site Plan Control stage and may require peer review at the owner s expense for these blocks, to the satisfaction of the City of Hamilton, Director of Planning and Chief Planner.

Cultural Heritage:

62. That, prior to preliminary grading and/or servicing, the owner shall complete the Stage 4 mitigation of sites AhGx-911, AhGx-865, AhGx-869, AhGx-876, and AhGx- 879, and submit the letters from the Ministry of Citizenship and Multiculturalism confirming that Provincial interest in the Stage 1-2 (P1033-0010-2023), Stage 3 (P1037-0217-2023 and P1037-0221-2023) and Stage 4 (P1037-0189-2023, P1037-

0197-2023, P1037-0207-2023, and P1037-0215-2023) archaeological reports have been satisfied, all to the satisfaction of the Director of Heritage and Urban Design.

63. That, prior to demolition of any existing buildings, the owner shall submit detailed documentation of the building on the subject property to the satisfaction and approval of the Manager of Heritage and Urban Design, prior to any demolition. Any historic fabric to be removed, including windows and doors, shall be salvaged for re- use, where feasible. Documentation regarding the salvage of these features shall be submitted to the satisfaction and approval of the Manager of Heritage and Urban Design.

Natural Heritage:

64. That, prior to preliminary grading and/or servicing, the owner shall develop an Invasive Species Management Plan, to the satisfaction of the Director of Planning and Chief Planner. This Plan is to include:

i. Mapping of existing Category 1 invasive species;

ii. Management requirements (including determination of management length) in accordance with Best Management Practices; and

iii. Monitoring of Category 1 invasive species for no less than five (5) years post restoration of Blocks 9, 10, 13, 16, 17, 18 and 21 to 30. During that stage adaptive management may be required.

Invasive species management will be documented in the overall monitoring report for the site which will be submitted to the City of Hamilton by January 31st of the following year monitoring was completed.

65. That, prior to preliminary grading and/or servicing, the owner shall provide correspondence from the MECP to demonstrate to the satisfaction of the City of Hamilton that matters pertaining to the removal of habitat for threatened and endangered species, namely for Species at Risk bats, has been addressed in accordance with the Endangered Species Act (2007) or equivalent, to the satisfaction of the Director of Planning and Chief Planner.

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 Planning and Chief Planner. The TPP is to be prepared by a tree management professional (i.e., certified arborist, registered professional forester, or landscape

(revised October 2010). Removal of trees is not to occur until this condition has been satisfied.

the TPP shall also include the following:

a. The owner is to be aware of the Migratory Bird Convention Act, 1994 and Endangered Species Act, 2007 (or equivalent) and agrees that the removal of

any vegetation (other than trees and shrubs) within the Subject Lands is to occur during September 1 to March 30 and the removal of any trees and shrubs within the Subject Lands is to occur during October 1 to March 30 by placing notations relating to birds and bats on the TPP:

i. Birds: 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 bat habitat potential. Trees with bat habitat potential are to be determined following MECP recommended survey protocols.

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

c. Within Block 1, a 7.5m area (within the Cultural Woodland Community identified on Figure 3-Ecological Land Classification of the September 2023 Environmental Impact Statement prepared by GEI), adjacent to the northern and eastern limit of Block 16 (Watercourse Channel), will be retained. All existing Manitoba Maple and Ash trees within this area are to be removed and replaced with native tree species.

67. 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) adjacent to retained features is not required to accommodate adjacent development, to the satisfaction of the Director of Planning and Chief Planner. Any grade changes must be accommodated outside of the VPZ.

68. That, prior to preliminary grading and/or servicing, the owner shall prepare and implement the approved Transplant Plan for locally uncommon/rare plant species, to the satisfaction of the Director of Planning and Chief Planner. The Transplant Plan is to include:

i. Feasibility of transplant for identified locally uncommon/rare plant species. Where transplant is deemed feasible:

o Methodology;

o Timing of re-location;

o

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

sites; and

ii. 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 sourced species, where available, will be documented in the plan.

69. That, prior to registration, the owner will provide a written letter from a qualified botanist confirming the completion of the transplant work outlined in the approved Transplant Plan, to the satisfaction of the Director of Planning and Chief Planner.

70. That, prior to registration, the owner shall 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 Planning and Chief Planner. The reports will be submitted by January 31st of the year following the monitoring period.

71. That, prior to preliminary grading and/or servicing, the detailed design for the NHS Watercourse Channel Blocks (Blocks 16 and 17) and the portion of the watercourse within Block 10 that will be daylighted and restored to wetland, including restoration plans in accordance with the Niagara Peninsula Conservation Authority (NPCA) Draft Landscaping Plan Guideline (Appendix K of the NPCA Planning and Permitting Procedure Manual, October 27, 2022) or equivalent, shall be provided to the satisfaction of the Director of Planning and Chief Planner and the NPCA. This will include obtaining a Permit(s) from the NPCA pursuant to Ontario Regulation 41/24 for the wetland removals and re-creation and the watercourse realignments and daylighting, and any necessary approvals from the Department of Fisheries and Oceans (DFO) for the watercourse realignment and daylighting. The design of the created wetland within Blocks 9 or 10 will incorporate Spring Peeper habitat that is designed to be fish free and to hold water until mid-July.

72. That, prior to preliminary grading, as it relates to the watercourse corridors, landscaping plans for Watercourse Channel Blocks 16 and 17, NHS Blocks 9, 10, 13 and 18, NHS Buffer Blocks 23-30 (inclusive) and Drainage Swale Blocks 21 and 22 shall be prepared to the satisfaction of the Director of Planning and Chief Planner and NPCA (where applicable) and will include only native, non-invasive species and, where necessary, salt tolerant species.

73. That, prior to preliminary grading and/or servicing, as it relates to the wetland removal and watercourse realignments, the owner is to be aware of Fish and Wildlife Conservation Act, 1997 and agrees that a wildlife salvage permit application,

prepared by a qualified biologist, shall be prepared and submitted to the Ministry of Natural Resources (MNR) for approval. A copy of the correspondence with MNR and approved Permit will be submitted to the City for their records, to the satisfaction of the Director of Planning and Chief Planner.

74. That, prior to preliminary grading and/or servicing, a Natural Heritage Design Brief shall be prepared, to the satisfaction of the Director of Planning and Chief Planner, to inform the Restoration and Landscape Plan for the Natural Heritage System and in keeping with the recommendations contained within the EIS (GEI 2023), EIS Addendum (GEI 2025) and the Conceptual Natural Corridor and Wetland Design Brief (GEO Morphix 2025). The Natural Heritage Design Brief will include the following:

i. Tree planting within Blocks 10, 13 and 18 at a density of 1,000 tree/ha;

ii. A 1.5:1 wetland replication ratio (7.71 ha of created wetland), accommodated within Blocks 9, 10, 16 and 17 and a tree area

compensation ratio of 1.39:1 (3.34 ha of treed area) within Blocks 10, 13 and 18, as shown on Figure 6, Development Concept 2025 Draft Plan (GEI, 2025), attached to the Minutes of Settlement;

iii. The design of the created wetlands in Blocks 16 and 17 will include several ponds of varying depths with varying hydroperiods, with at least one permanent pond that is designed to maintain water depths of greater than 1 m throughout the summer and up to 1.5 m in the winter in order to support turtle overwintering habitat;

iv. Recommended wildlife design elements for the two watercourse crossings beneath Street A, including wildlife exclusionary/directional fencing;

v. Planting prescriptions for all created NHS, Drainage and Buffer Blocks (Blocks 9, 10, 13, 16, 17, 18, 21, 22, 23, 24, 25, 26, 30) including

consideration of soil amendments, cover crop, nurse crop, shrub, and tree density targets (as applicable); and

vi. Wildlife enhancement considerations, such as the type of structures or enhancements, location, spacing requirements, etc.

75. That, prior to preliminary grading and/or servicing, the owner shall prepare a cost estimate for the watercourse realignment and wetland re-creation proposed within Blocks 9, 10, 16 and 17 and post securities, to the satisfaction of the Director of Planning and Chief Planner. Note: The City will not require the owner to post securities to the City that are duplicative of the NPCA securities required for work to recreate the wetland in relation to the permit under Ontario Regulation 41/24 and the Conservation Authorities Act.

76. That, prior to preliminary grading and/or servicing, a Monitoring Plan shall be prepared, to the satisfaction of the Director of Planning and Chief Planner, that outlines the 5 year monitoring program for retained natural heritage features within Blocks 9, 10, 13 and 18 and the 10 year monitoring program for created natural

features within Blocks 9, 10, 13, 18, 16, 17 and 23-30 (inclusive) as outlined in the EIS (GEI, 2023) and EIS Addendum (GEI, 2025).

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

i.

18, 23-30 (inclusive) will be monitored for a period of 10 years post- installation (Years 1, 2, 3, 5, 7, 9 and 10), as per the requirements outlined in the Environmental Impact Study (EIS) (GEI, September 2023) and the EIS Addendum (GEI, 2025), and the monitoring reports will be submitted to the City of Hamilton by January 31st of the following year monitoring

ii.

13 and 18 will be monitored for a period of 5 years post-construction (Years 1, 2, 3 and 5), as per the requirements outlined in the EIS (GEI, September 2023), and the monitoring reports will be submitted to the City of Hamilton by January 31st of the following year monitoring was

i. ​

accordance with the Transplant Plan will be monitored for a period of 2 years post-transplant (Years 1 and 2). The monitoring of these species can be included in the overall monitoring report which will be submitted to the City of Hamilton by January 31st of the following year monitoring was

ii. ​

Management Plan which will consist of monitoring Category 1 invasive species for no less than five (5) years post restoration of Blocks 9, 10, 13, 16, 17, 18 and 21 to 30, to the satisfaction of the City. The monitoring of these species can be included in the overall monitoring report which will be submitted to the City of Hamilton by January 31st of the following year monitoring was completed.

78. That, prior to registration, the owner shall construct a swale in Block 21 to convey external drainage from residential lots on Glancaster Road, to the satisfaction of the Director of Planning and Chief Planner. Block 21 will connect to Block 16 (NHS Watercourse Channel Block). The swale will be designed as an enhanced swale

with native, self-sustaining vegetation through the submission of a Landscape Plan, to the satisfaction of the Director of Planning and Chief Planner.

That, prior to registration, the owner shall prepare a Landscape Plan(s) showing the placement of compensation trees for tree removals outside of the cultural woodlands, cultural plantations and deciduous swamps completed in accordance with the Tree Protection Plan, to the satisfaction of the Director of Planning and Chief Planner. The compensation plantings are to meet the minimum tree planting

(revised October 2010).

80. That, prior to registration, Natural Heritage System (NHS) Blocks 9, 10, 13 and 18,

NHS Watercourse Channel Blocks 16 and 17, NHS Buffer Blocks 23 to 30 (inclusive) and Drainage Blocks 21 and 22 shall be dedicated to the City of Hamilton at no cost, to the satisfaction of the Director of Planning and Chief Planner. The owner shall also agree in writing that the City of Hamilton may elect to have these lands dedicated to another identified entity for conservation purposes.

Legislative Approvals / Staging of Development:

81. That, prior to registration, the owner and agent should work with Legislative Approvals / Staging of Development staff to finalize street naming and municipal addressing for the proposed Blocks, to the satisfaction of the Director, Growth Management and Chief Development Engineer.

Forestry and Horticulture:

82. That, prior to preliminary grading, the owner shall submit a revised Tree Management Plan, showing the location of drip lines for trees identified for preservation, edges and existing plantings, the location of all existing trees, including trees within the City owned rights-of-way, and the method to be employed in retaining trees required to be protected; and to implement all approved tree savings measures. The implementation of the Plan shall include a Verification of Tree Protection Letter, prepared by a qualified professional, all to the satisfaction of the Manager of Forestry and Horticulture.

Niagara Peninsula Conservation Authority:

83. That, prior to preliminary grading, the owner submit to the NPCA for review and approval, detailed grading, stormwater management plans and construction sediment and erosion control plans. Sediment and erosion control fencing can be used as limit of work fencing.

84. That, prior to registration, a clause shall be included in the subdivision agreement that the owner will maintain the sediment and erosion control fencing during the

development process and all such fencing shall be removed once work is completed and all exposed soils are re-vegetated or otherwise stabilized.

85. That, prior to registration, a clause shall be included in the subdivision agreement requiring the installation of a 1.5m high (minimum) chain link fence along the edges of all regulated features and buffers where they abut development including, but not limited to, parking areas and roads, prior to assumption.

86. That, prior to any grading, pre-servicing, site alterations or registration of this plan or any phase thereof, the Applicant shall submit a detailed Staging and Sequencing Plan to the NPCA for review and approval which details the sequence of development activities.

87. That prior to preliminary grading, the Developer obtain all appropriate work permits from the NPCA for the following:

a. All proposed wetland/watercourse buffer enhancement work. In support of the Work Permit application, the required information shall include, but not limited to:

i. A planting plan providing details about species, planting densities and locations.

ii. Any other information as may be determined at the time a Work Permit application is submitted to the Niagara Peninsula Conservation Authority.

b. The removal or disturbance of any wetland areas and recreation of any and all wetlands. In support of the Work Permit application, the following information will be required:

i. A detailed compensation plan that indicates the design of the proposed wetland, construction methodology, material details, etc. (the Developer is to scope this requirement with NPCA staff prior to submitting a Work Permit application);

ii. A detailed monitoring plan (meeting NPCA monitoring requirements and including an adaptive management plan);

iii. The Owner must enter into a Wetland Rehabilitation Agreement with the NPCA securing the implementation of the Wetland Restoration and Re-creation undertaking and the Applicant shall post securities to the NPCA in an amount, to be approved by the NPCA, to secure the full costs associated with implementing the Wetland Restoration and Re-creation undertaking. The Applicant will work to provide the NPCA with all information necessary to assess the cost of the Wetland Restoration and Re-creation undertaking; and,

iv. Any other information as may be determined at the time a Work Permit application is submitted to the NPCA.

88. That conditions 84 to 88 be incorporated into the Subdivision Agreement between the Applicant and the City of Hamilton to the satisfaction of the NPCA. The City of Hamilton shall circulate the draft Subdivision Agreement to the Niagara Peninsula Conservation Authority for its review and approval.

Utilities and Telecommunications:

89. That prior to registration, the owner shall agree, in words satisfactory to Hydro One Networks Inc., to grant to Hydro One Networks Inc., any easements that may be required for electrical services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Hydro One Networks Inc. facilities or easements, the owner shall be responsible for the relocation of such facilities or easements.

That, prior to registration, the owner / developer shall provide to Enbridge Gas

agreements required by Union for the provision of gas services for this project, in a form satisfactory to Union.

91. That prior to registration, the owner provide the Manager of Development Approvals with evidence that satisfactory arrangements, financial and otherwise, have been made with a telecommunication service provider approved by the Canadian Radio and Telecommunication Commission (CRTC) that adequate telecommunication service will be provided to the subdivision including 9-1-1 emergency calling service that identifies, at a minimum, the name and location information.

92. That prior to registration, the owner shall agree in the Subdivision Approval Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner / Developer shall be responsible for the relocation of such facilities or easements.

93. That prior to registration, the owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the owner shall be responsible for the relocation of any such facilities or easements at their own cost.

Canada Post:

94. That prior to registration the owner shall receive written confirmation from Canada Post as to whether centralized mail boxes are required to serve the proposed subdivision. Shall it be determined that centralized mail boxes are required the following conditions are applicable:

a) That prior to registration, the following conditions shall be included in the subdivision agreement, the owner shall include in any and all Agreements of Purchase and Sale and registered as notice on title for lots and blocks within the Draft Plan;

In respect of Canada Post centralized mail boxes: i.

ii. A notice advising the prospective purchasers of the location of a Centralized Mail Box for their home/business mail delivery.

b) That prior to registration, the owner agrees to:

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

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

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

iv. Determine the location of all centralized mail receiving facilities in co- operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans.

v. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations.

c) Canada Post's multi-unit policy, which requires that the owner/developer provide the centralized mail facility (Lock Box Assembly) at their own expense (less than 100 units will require a front loading Lock Box Assembly and more than 100 units will require a rear loading Lock Box Assembly which will require a mail room) will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space.

NOTES TO DRAFT PLAN APPROVAL

Legislative Approvals:

1. Pursuant to Section 51 (32) of the Planning Act, draft approval shall lapse if the plan is not given final approval within 3 years. However, extensions will be considered if a written request is received two months before the draft approval lapses.

Recycling and Waste Disposal:

2. This industrial development is ineligible for municipal waste collection as per the requirements under the Waste Management System By-law No. 20-221.

Cost Sharing

3. All cost sharing shall be in accordance with the Financial Policies of the City of Hamilton and shall include but not limited to consideration of the following items:

a.

Construction of the sanitary Trunk Sewer within Dickenson Road right of

b.

Dickenson Road to the westerly limit of the development;

c. Extension of the existing watermain from its current termination point westerly along Dickenson Road to the proposed

d.

Dickenson Road to Glancaster Road;

e. -of-way from

Dickenson Road to the westerly limit of the development including all required infrastructure and watercourse crossing; and

f.

Notwithstanding the above notes, should the owner elect to proceed with

reconstruction of Dickenson Road, the owner shall, as part of the detailed design submission, prepare a proposed road cross-section and a detailed cost estimate. This estimate shall clearly delineate the cost split between the developer and the City, identifying the portions of the sanitary sewer work that will remain unimpacted and retain long-term value following the future full road reconstruction by the City (from Upper James Street to Street 'A'). This cost breakdown must be reviewed and accepted by the City and will form the basis for det

contribution. The City will not be responsible for reimbursing any costs deemed redundant or subject to rework during its reconstruction project.

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