Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 27, 2026 CASE NO.: OLT-24-001069

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Losani Homes (1998) Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the designation and zoning of the Subject Lands for residential development with a townhouse block. Reference Number: OP-01-24 Property Address: 501 Shellard Lane Municipality: Brantford OLT Case No.: OLT-24-001069 OLT Lead Case No.: OLT-24-001069 OLT Case Name: Losani Homes (1998) Ltd. v. Brantford (City)

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

Applicant and Appellant: Losani Homes (1998) Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the designation and zoning of the Subject Lands for residential development with a townhouse block. Reference Number: PZ-13-24 Property Address: 501 Shellard Lane Municipality: Brantford OLT Case No.: OLT-24-001070 OLT Lead Case No.: OLT-24-001069

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

Applicant and Appellant: Losani Homes (1998) Ltd. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the designation and zoning of the Subject Lands for residential development with a townhouse block. Reference Number: 29T-16502 Property Address: 501 Shellard Lane Municipality: Brantford OLT Case No.: OLT-24-001071 OLT Lead Case No.: OLT-24-001069

BEFORE: GREGORY J. INGRAM MEMBER Wednesday, the 25 day of March, 2026

THIS MATTER, having come before the Tribunal for a hearing, in writing, on March 25, 2026;

THE TRIBUNAL having received appeals from Losani Homes (1998) Ltd. (“Losani”), for the lands municipally known as 501 Shellard Lane (“Subject Lands”) in the City of Brantford (“City”) related to an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“Draft Plan” and collectively, the “Appeals”) of the Official Plan and the new Comprehensive Zoning By-law No. 124-2024 (“ZBL”). The Appeals were brought due to a non-decision by the City and seek to allow the development of the Subject Lands with a multiple dwelling block development containing a minimum of 123 residential units, with a mix of two-storey, three-storey, back-to-back townhouse dwellings, and some single-detached homes (“Proposed Development”).

THE TRIBUNAL ordered that the Appeals be heard in two phases with Phase 1 addressing the OPA (“OPA Appeal”) and Phase 2 the details of the proposed built form of the development through the ZBA and Draft Plan (“ZBA Appeal”) at the discretion of the Tribunal.

AND THE TRIBUNAL having been advised by the Parties that they had reached a settlement regarding the OPA Appeal, approved the settlement and issued an order on January 12, 2026, redesignating the Subject Lands from Core Natural Area to Residential in the City’s Official Plan and scheduled a settlement hearing for the ZBA Appeal.

AND THE TRIBUNAL having been advised of a settlement between Losani and the City with respect to the ZBA Appeal received and considered material from the Parties, including but not limited to:

i. Affidavit of David Aston sworn on March 25, 2026 ii. Minutes of Settlement including By-law to amend By-law No. 124-2024, Draft Plan of Subdivision and Draft Plan Conditions

AND THE TRIBUNAL, having accepted the uncontradicted planning opinion evidence of David Aston, who based on his experience and knowledge as a Registered Professional Planner and Member of the Canadian Institute of Planners, provided expert opinion evidence in the field of Land Use Planning, with respect to the agreed upon ZBA, Draft Plan of Subdivision and Draft Plan Conditions to the Subject Lands;

AND THE TRIBUNAL finding that they are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario, and City including:

i. The Planning Act, R.S.O. 1990, c. P.13; ii. The Provincial Planning Statement, 2024 (“PPS 2024”) iii. The City of Brantford Official Plan (“COP”)

AND THE TRIBUNAL having considered the opinion evidence in the Affidavit of David Aston in support of the settlement and determined that the ZBA Appeal be allowed, given that the Proposed Development:

• Has regard for all matters of provincial interest as set out in Section 2 of the Planning Act. Specifically, the Proposed Development permits a range and mix of residential dwelling types that efficiently utilizes land and resources, integrated into an existing plan of subdivision and in an area of other residential dwellings. It will also be able to access “existing municipal infrastructure, community services, and transit.” The Draft Plan Conditions are reasonable as required by Section 51(25) of the Act and address such things as “servicing, grading, geotechnical and stormwater management.”
• Is consistent with the PPS 2024 in that the servicing requirements and transportation requirements are “adequately” addressed by the Draft Plan Conditions as outlined by Planner Aston.
• Conforms with the general intent of the COP. The approved OPA redesignated the Subject Property as ‘Residential’ which permits a range of residential dwelling types and recognizes that areas with this zoning will continue to evolve. The Proposed Development conforms with the general intent of policies that Promote Sustainable Development, the General Provisions for all land use designations, Policies for Neighbourhoods and Policies for Servicing Infrastructure and Utilities.
• Section 5.1(b) says that the “built form” is a key factor in determining the compatibility of any new development in the City. The Proposed Development satisfies this priority as it will create multi residential blocks within an established residential neighbourhood and housing types that are compatible with the range of housing in the vicinity. The ZBA requires “private amenity space and landscaped open spaces in front yards” to further address the importance of residential conformity.

AND THE TRIBUNAL is satisfied that the ZBA and Draft Plan and associated Draft Plan Conditions of Approval meet all applicable statutory tests and are in the public interest and constitute good planning. Based on the above, on the material submitted and based on the agreed upon settlement agreement, the appeal warrants approval.

NOW THEREFORE,

THE TRIBUNAL ORDERS THAT the appeal is allowed and THAT:

1. The Zoning By-law Amendment is granted in accordance with Attachment 1 attached hereto;
2. The revisions to the Draft Plan are approved in accordance with Attachment 2 attached hereto, subject to the Conditions of Draft Plan Approval in the form attached hereto as Attachment 3;

“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

AMENDMENTS to ZONING BY-LAW No. 124-2024

The Amendments of the new Comprehensive Zoning By-law, known as By-law No. 124- 2024 apply to a portion of the lands at 501 Shellard Lane. The amendments facilitate the development of the lands for a residential development consisting of 125 townhouse units. The Zoning By-law is amended as follows:

1. THAT Schedule A Zone Maps be amended as illustrated below and changed from “N”, “H23-I1-1”, and “GLNR-13” TO “GLNR-23” for 501 Shellard Lane.

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

“GNLR-23 – 501 Shellard Lane Special Provisions

• Street Townhouses (no direct access to a public street):
  • Minimum lot frontage: 5.48 metres
    • Notwithstanding the minimum lot frontage requirements, no more than 30% of street townhouse units within the total number of units within the block may have a minimum lot frontage of less than 5.48 metres and no less than 4.6 metres.
  • Minimum lot area: 110 square metres per unit
  • Minimum rear yard: 5.0 metres
  • Minimum interior side yard: 1.5 metres
  • Minimum private amenity space: 23 square metres
  • Maximum building height: 12.5 metres
  • Minimum front yard to the main wall: 4.5 metres
  • Minimum landscaped open space in the required front yard:
    • 18% for units with a lot frontage less than 5.48 m
    • Notwithstanding the minimum landscape open space requirements, no more than 35% of street townhouse units within the total number of units within the block may have a minimum landscape open space of not less than 18%
    • 23% for all other units
  • Section 7.5.2c) shall not apply

3. Back-to-Back Townhouses (no direct access to a public street):

• Minimum lot frontage: 5.48 metres
• Minimum lot area: 67 square metres per unit
• Minimum lot depth: 12.4 metres
• Minimum interior side yard: 1.5 metres
• Minimum exterior side yard: 1.5 metres
• Maximum building height: 12.5 metres
• Minimum front yard to the main wall: 2.6 metres
  • Notwithstanding that a minimum front yard of 6.0 metres to the garage shall be provided.
• Section 7.5.2c) shall not apply

All other requirements of the By-law shall apply.”

4. THAT Section 8.3.1, Site Specific Item I1-1 – 501 Shellard Lane be deleted and replaced with the following:

“I1-1 – 501 Shellard Lane Additional Permitted Uses

• Single detached dwelling
• Street townhouse dwelling

Special Provisions

• Single detached dwelling shall be subject to the provisions for single detached dwellings established in the GNLR-13 Zone.
• Street townhouse dwelling shall be subject to the provisions for street townhouse dwellings established in the RMR-43 Zone.
• Elementary School:
  • Minimum lot area: 2.39 hectares
  • Minimum lot frontage: 80 metres

5. THAT this By-law shall become effective from and after the date of approval by the Ontario Land Tribunal.

Attachment 2

Revisions to Draft Plan of Subdivision

Attachment 3

CONDITIONS OF DRAFT PLAN APPROVAL

Draft Plan Conditions for Block 309 Redline Modification to 29T- 16502

1. This approval applies to the Draft Plan of Subdivision ("Plan") prepared by MHBC Planning, revised and dated, March 7, 2024, for the following:

A total of 782 residential dwelling Lots:

1. 296 lots for single detached dwellings (Lots 1-37, 40-298, Block 382); and
2. 8 Blocks (Blocks 299-306, 309) to be developed for 427 townhouse dwelling units (street, block, and back-to-back); and
3. 23 Blocks (Blocks 313-335) that will be available for development for single detached dwellings in conjunction with neighbouring lands (to the south, east and west), once they are brought forward for development.

A total of 6 non-residential Blocks and 17 Streets: 4. 1 School Block; 5. 2 Blocks for Open Space; 6. 2 Blocks for Future Road Widening (Shellard Lane); 7. Blocks for 0.3 metre reserves; and, Streets A-Q (including one roundabout at the intersection of Street A and B).

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

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

4. That the Owner shall agree to provide all easements, and convey all lands, as may be required for utility or drainage purposes, to the appropriate authority, to the satisfaction of the Commissioner of Community Development.

5. That the Owner shall agree to convey to the City as shown on the Final Plan, Blocks 308 and 310 for Open Space purposes, and Blocks 311-312 for Road Widening. Said conveyances to be in fee simple and free of encumbrances, and upon conveyance shall not be landlocked which may require the consolidation of adjacent Blocks and shall include provision for access to the Blocks to the satisfaction of the City. The Owner shall further agree that none of these Blocks are to be considered parkland, in accordance with Section 51.1 of the Planning Act R.S.0. 1990.

6. That prior to registration, the final plan of subdivision shall include a detailed lotting plan for all residential blocks within the draft plan, providing for a mix of dwelling unit types, at a density not to exceed the maximum-density approved by the City for this Plan, to the satisfaction of the Commissioner of Community Development.

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

8. That prior to registration, the Owner confirms that a cost sharing agreement has been signed with the adjacent landowner to the east, as it relates to servicing, stormwater management, roads and other infrastructure, to the satisfaction of the Commissioner of Community Development.

9. That in the event that this plan of subdivision is registered prior to the adjacent lands to the east, the Owner shall agree to register a reference plan and obtain an easement over the adjacent lands, in order to service the "Plan", to the satisfaction of the Commissioner of Community Development.

10. That the Owner agrees to provide a Phasing Plan for the review and approval of the General Manager, Public Works and the Fire Chief. The phasing plan shall provide for a mix of dwelling unit types and shall ensure that no development shall occur on a street exceeding 250 metres in length without the provision of a second municipal access constructed to the satisfaction of the Commissioner of Community Development, and the Fire Chief.

11. That in the event that plan registration is to be phased, only those conditions pertaining to the particular phase being registered are required to be satisfied.

12. The Owner agrees that prior to registration, all downstream stormwater infrastructure, inclusive of conveyance infrastructure, stormwater management facilities (e.g. ponds), and outfalls internal and external to the subdivision, have been constructed to the satisfaction of the Commissioner of Community Development.

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

14. That the Owner shall agree to satisfy all requirements, financial and otherwise, of the City of Brantford, including those related to the following matters: a. Municipal services. b. Lot grading. c. Drainage d. Stormwater management in accordance with current Provincial guidelines, and low impact stormwater management development practices including stringent control of storm discharge from the development including spill containment e. Boulevard tree planting internal and external to the Plan f. Engineering Plan and Profile Drawings g. Curbs and sidewalks on both sides of municipal roads in accordance with the requirements of the City h. Prepayment in perpetuity toward the future maintenance costs of any required retaining walls on municipal lands. i. An electrical design from a consulting engineer to be provided to Brantford Power for review and approval. j. A lighting plan showing the proposed street light locations and details regarding the proposed light standards. k. Control of dust during construction. l. Payment of applicable Development Charges. m. Notification of purchasers of the applicable development charges. n. The responsibility to decommission any wells or septic systems in accordance with current Provincial guidelines. o. The implementation of infiltration practices in the overall Stormwater Management scheme to maintain the existing groundwater regime and to protect groundwater dependent natural features.

ROADS

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

16. That the Owner shall agree to construct all roads to the satisfaction of the Commissioner of Community Development.

17. The Owner shall prepare and submit, as required to the satisfaction of the City, all technical reports, studies, and drawings, including but not limited to, functional servicing reports and plans, transportation studies, functional traffic designs, stormwater management reports, design briefs, detailed design drawings, noise studies, servicing and infrastructure phasing plans, etc. to support the draft Plan of Subdivision.

18. The Owner shall implement the recommendations of the technical reports, studies and drawings as accepted by the City, at no cost, and to the satisfaction of the City. For greater clarity, the Owner shall design and construct all roads, sewers, watermains, and their related appurtenances, internal and external to the plan of subdivision, as recommended in the technical reports as accepted by the City, at no cost, and to the satisfaction of the City.

19. That prior to submission of the final Plan, the Owner shall agree to identify all required road widening blocks and dedicate them on the final plan as public highway, and be responsible for constructing and implementing all necessary traffic improvements in accordance with the recommendations of the municipally approved Traffic Impact Study and current requirements of the City of Brantford, to the satisfaction of the Commissioner of Community Development.

20. That prior to final approval, the Owner prepares a detailed design for implementation of a roundabout at the intersection of Street 'A' and Street 'B', and that any additional lands required for construction of the roundabout be conveyed to the City, to the satisfaction of the Commissioner of Community Development.

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

22. That the Owner shall agree and be responsible for submission of the Transportation Design Study, and the construction and implementation of all necessary transportation improvements, including but not limited to those identified in; the West of Conklin Secondary Plan, the Transportation Impact Study prepared by Nextrans Consulting Engineers Ltd. and dated August 2017 or the most current TIS or TIS addendum, and the Transportation Design Study on record with the timing for said construction to be completed as required, to the satisfaction of the Commissioner of Community Development, and agrees to the following:

23. That the Owner shall agree and address any revisions to the draft plan which may be required subsequent to the approval of the Transportation Design Study, including but not limited to a roundabout location, road network in proximity to Block 307, and any other changes to road network or road right-of-ways.

24. The Owner shall agree to construct, at their expense, all necessary infrastructure and appurtenances for future traffic signal installation at the intersection of Street A (Blackburn Drive) and Shellard Lane, if the submitted traffic/transportation impact study demonstrates a requirement for signals, to the satisfaction of the Commissioner of Community Development

25. The Owner agrees to pay for and install traffic signals at full subdivision build-out, with the timing to the satisfaction of the Commissioner of Community Development.

26. That prior to Final Approval and in the event development of these lands is delayed beyond 4 years, the Owner shall agree to complete for review and approval of the City of Brantford, a Traffic Impact Study if required at that time, to the satisfaction of the Commissioner of Community Development, and agrees to the following: a. The Owner shall agree to apply the most current background data available. b. The Owner shall agree and be responsible for submission of the Transportation Design Study, and the construction and implementation of all necessary transportation improvements, including but not limited to Vision Zero principles, those identified in the Transportation Master Plan or other relevant studies with the timing for said construction to be completed as required, to the satisfaction of the Commissioner of Community Development. c. Traffic calming measures identified by staff on the approved plans such as speed cushions and raised pedestrian crossovers must be installed and coordinated based on occupancy and cannot be delayed until top lift of asphalt is installed, since there could be a significant time lapse between these events

27. That the Owner shall agree to construct temporary turning circles or hammerheads, to the satisfaction of the General Manager, Public Works, so as not to create any cul-de-sacs in excess of 250 metres in length without the provision of a second municipal access having a minimum width of 9.0 metres, constructed to the satisfaction of the Commissioner of Community Development.

28. That the Owner shall agree not to apply for any Building Permits for residential purposes on streets exceeding 250 metres in length until such time as a second municipal access having a minimum width of 9.0 metres has been constructed to the satisfaction of the Commissioner of Community Development and conveyed to the municipality as a public right of way.

29. That prior to submission of the Final Plan, the Owner shall agree to identify all required 0.3m reserves and daylight triangles on the Final Plan, and shall agree to convey these in fee simple, free of encumbrance and, at no cost to the municipality to the satisfaction of the Commissioner of Community Development. Note: daylight triangles are not conveyed to the City separately, but are shown on the final plan as part of the public right of way.

30. The Owner shall agree that the Draft Plan of Subdivision will show that all 0.3 metres reserves along Shellard Lane and flankage lots will extend the full length of the property, to the satisfaction of the Commissioner of Community Development.

31. That prior to submission of the Final Plan, the Owner shall agree to prepare and submit an On-Street Parking Plan that provides on-street parking at a ratio of one on-street parking space for every two dwelling units to the satisfaction of the Commissioner of Community Development.

32. That the Owner shall agree to provide to the City a Letter of Credit providing for the installation of four (4) transit pads and bus shelters, at a cost of $3,750.00 per shelter & pad, with the locations to be determined at the detailed design stage, to the satisfaction of the Commissioner of Community Development.

33. The Owner shall agree to facilitate the safe travel of elementary school children to and from the school block the following is required: a. Installation of traffic control signals at Shellard Lane at Gillespie Drive b. Installation of a raised pedestrian crossover at Gillespie Drive at Mair Ave/ Bee Crescent c. Installation of a raised pedestrian crossover at Longboat Run West at Mair Ave/ June Callwood Way

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

35. The Owner agrees that to facilitate adequate ingress/egress to Block 309 the following is required:

• Access to Blackburn Drive is a minimum of 55 metres from the intersection of Shellard Lane at Blackburn Drive, to satisfy TAC Corner Clearance for high volume driveways for Collector roads
• The consolidation of one or more residential lot(s) fronting Blackburn Drive with Block 309 to ensure motorists exiting the site have adequate sight distance and visibility around fences and parked cars in residential driveways. The frontage along Blackburn Drive for Block 309 shall accommodate a 5.0 m driveway visibility triangle on either side of a driveway within the limits of Block 309, and no plant materials or structures greater than 0.6 m are to be placed or maintained within this area.
• The access from Block 309 to Mair Avenue shall be assessed prior to registration to determine location details of the access connection to Mair Avenue and the Subdivision Agreement shall include a clause requiring that detailed design and function of any access from Block 309 to Mair Avenue is to be addressed at the time of a future Site Plan approval. The access from Blackburn Drive shall demonstrate that it can accommodate above-ground and underground infrastructure, a driveway, sidewalk and landscaping.

SERVICING, GRADING, GEOTECHNICAL AND STORMWATER MANAGEMENT

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

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

38. The Owner shall agree to the City's Consultant undertaking water and wastewater modeling to determine if there is sufficient capacity and that there will be no negative impact on the City's distribution system to the satisfaction of the Commissioner of Community Development. The Owner will be required to pay for all costs of the modeling prior to the modeling being completed.

39. The Owner shall agree to temporarily loop the water system if required, to the satisfaction of the General Manager, Public Works.

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

41. The Owner shall agree that prior to municipal approval of any additional stormwater discharge to the existing storm water management facilities (SWM), confirmation is required by the submission of an updated SWM report, with updated modelling, that the said pond and existing infrastructure has been constructed to attenuate quality and quantity runoff from this development based on the proposed land uses for all drainage areas contributing to these SWM facilities, and water balance of the subdivision, to the satisfaction of the Commissioner of Community Development and the Grand River Conservation Authority.

42. The Owner shall agree to design and implement an overall water balance infrastructure to meet the requirements of the approved water balance of the Brantwest Phase 1 and Brantwest Phase 2 Subdivisions as per the Functional Servicing and Stormwater Management Report prepared by Urbantech (February 2017) to the satisfaction of the Commissioner of Community Development

43. The Owner agrees that prior to the registration of any phase of the draft plan of subdivision, confirmation is required from a qualified professional that the stormwater management facilities on the Wyndfield West Phase 7 lands have been constructed in accordance with the approved plans and are operational as necessary to the satisfaction of the Commissioner of Community Development and the Grand River Conservation Authority.

44. The Owner shall prepare and submit a geotechnical report and hydrogeological report to the satisfaction of the Commissioner of Community Development.

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

46. The Owner shall re-design and re-grade Lots along Blackburn Drive, Longboat Run West and Mair Avenue registered with 2M-1964 (Brantwest Phase 1) and 2M-1977 (Brantwest Phase 2) which were previously designed to drain towards Block 309 if they are not required to meet subdivision water balance criteria. If re-design and re-grading impedes the ability to meet water balance criteria or is determined not possible, satisfactory to the Commissioner of Community Development, then the Owner shall provide a blanket drainage easement over Block 309 in favor of those lots to maintain legal outlet for drainage.

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

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

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

50. Prior to any grading or construction on the site and prior to the registration of the plan, the Owner agrees to submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: a. A detailed stormwater management report in accordance with the 2003 Ministry of Environment Report entitled, "Stormwater Management Practices Planning and Design Manual. b. An erosion and siltation control plan in accordance with the Greater Golden Horseshoe Area Conservation Authorities Erosion and Sediment Control Guidelines for Urban Construction dated December 2006. c. Detailed lot grading and drainage plans. d. An application for Permission pursuant to the Grand River Conservation Authority: Regulation of Development, Interference with Wetlands and Alteration to Shorelines and Watercourses, Ontario Regulation 150/06 as amended, if required.

51. If the City deems it to be required, the Owner shall remove Concrete Box Culvert within Shellard Lane located adjacent to Block 309 at the Owners sole expense inclusive of restoration of Shellard Lane to City Standards, to the satisfaction of the Commissioner of Community Development.

OPEN SPACE AND LANDSCAPING

52. That the Owner agrees to provide the City with Cash-in-Lieu of Parkland in accordance with Section 51.1 and 51.3 of the Planning Act, R. S. O. 1990, to the satisfaction of the General Manager, Community Development.

53. That the Owner shall agree to convey to the City as shown on the Final Plan, Blocks 308 and 310 for Open Space purposes. Said conveyances to be in fee simple and free of encumbrances, and upon conveyance shall not be landlocked which may require the consolidation of adjacent Blocks, and shall include provision for access to the Blocks to the satisfaction of the City. The Owner shall further agree that none of these Blocks are to be considered parkland, in accordance with Section 51.1 of the Planning Act R. S. 0. 1990.

54. The Owner shall submit a Tree Inventory Study and Vegetation Management/ Protection Plan, for the lands within the Open Space and Park Blocks and Shellard Lane and Block 309 that will be impacted prior to any disturbance or grading of the site and prior to registration of the Final Plan; the above noted study/ plan shall identify all existing trees on-site proposed to be removed or impacted as a result of the development of the subject lands and include re-planting / restoration / compensation requirements, to the satisfaction of the Commissioner of Community Development. Compensation requirements should be provided based on Industry best practices.

55. The Owner shall agree to provide/implement a tree replacement ratio of 1:1 where Tree By-laws 94-2024 and 95-2024 do not apply, to the satisfaction of the Commissioner of Community Development. This ratio represents for every three (3) tree that is removed, disturbed or damaged as a result of the development, as confirmed by a qualified Arborist, one (1) tree shall be planted by the Owner within the Plan or at other locations approved by the City. If extenuating circumstances do not allow for the complete implementation of this requirement and where the City is in agreement that all other reasonable options have been exhausted, cash in lieu may be provided to secure the requirement to the satisfaction of the Commissioner of Community Development.

56. The Owner shall agree to submit detailed grading and landscape plans prepared by a certified Landscape Architect for the Open Space Blocks and Walkway Blocks as well as 'As Built' grading plans for said Blocks to the satisfaction of the Commissioner of Community Development.

57. The Owner shall agree to maintain in accordance with current City standards, the Open Space Blocks, (excluding any structures), to the satisfaction of the Commissioner of Community Development, until such time as the City assumes the said Blocks.

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

59. The Owner shall agree that no fencing will be permitted along any street frontages, except for decorative fencing as agreed to by the Commissioner of Public Works.

60. That prior to Final Approval, the Owner shall agree to provide, at the Owner's expense, appropriate pedestrian trails/walkways within the Plan of Subdivision, to the satisfaction of the Commissioner of Community Development. A detailed trail/ development plan and proposed trail routes and connections must be submitted for approval by the Commissioner of Community Development and the Grand River Conservation Authority, prior to registration of the Final Plan.

61. The Owner shall agree to construct all trails/walkways in accordance with the timing schedule agreed to by the Commissioner of Community Development, and shall bear responsibility for all costs related to the design and construction of the trails/walkways within the subdivision.

62. The Owner shall agree to provide and install, to the satisfaction of the Commissioner of Community Development and the Grand River Conservation Authority, the following: 62a. signage explaining the use and function of the Open Space Blocks at all street frontages and walkway entrances once rough grading is completed; and, 62b. interpretive signage relating to the natural features, including but not limited to significant wetlands, the woodlands and wildlife habitat which exist in the area.

63. That the Owner shall agree to submit a street tree planting plan, prepared by a Landscape Architect, in accordance with current City standards and to provide boulevard trees along the streets as well as replacement plantings within the areas identified as Open Space and Parks to the satisfaction of the General Manager, Community Programs, Parks and Recreation.

NATURAL HERITAGE

64. The Owner agrees to carry out and implement the recommendations contained in the Environmental Impact Study (EIS) at the Owner's expense until the City assumes the Open Space Blocks and Park Blocks, to the satisfaction of the General Manager, Community Programs, Parks and Recreation and the Grand River Conservation Authority.

65. The Owner shall agree to provide final drawings reflecting the location of Significant Woodlands and Significant Wetlands as staked and field confirmed with the City and the Grand River Conservation Authority to the satisfaction of the General Manager, Community Programs, Parks and Recreation and the Grand River Conservation Authority.

66. The Owner shall provide an updated Noise Impact Study for the lots/blocks abutting Shellard Lane, taking into account the final design of Shellard Lane to the satisfaction of the Commissioner of Community Development.

67. The Owner agrees that any retaining walls including their granular base foundation support, drainage pipes and fencing must be located completely within private property and be constructed to the satisfaction of the General Manager, Public Works. The Owner further agrees that property owners will own the walls and have full responsibility for the required maintenance, repair or replacement of the retaining walls.

68. That prior to Final Approval, the Owner shall agree to provide certification by an Ontario Land Surveyor confirming that the proposed lots are in conformity with the provisions and requirements of the City of Brantford Zoning By-law #124-2024, as amended, or its successor.

69. That prior to Final Approval, the Owner shall provide confirmation that a portion of the lands legally described as Lot 15, 16, 17 and 18 on Registered Plan 2M-1964 have been severed and consolidated with Block 309 on the Draft Plan.

70. That prior to Final Approval, the Owner shall provide confirmation that a portion of the lands identified as Block 309 on the Draft Plan shall be severed and consolidated with the lands legally described as Lot 14 and 15 on Registered Plan 2M-1964, to the satisfaction of the City.

71. That prior to Final Approval, the Owner shall provide confirmation that a portion of the lands legally described as Lot 14 and 15 on Registered Plan 2M-1964 have been severed to facilitate the creation of new lots, and a portion of Lot 14 and 15 on Registered Plan 2M-1964 shall be severed for a future access to Blackburn Drive, and consolidated with Block 309 on the Draft Plan, to the satisfaction of the City.

72. That prior to Final Approval, the Owner shall provide confirmation that a portion of the lands legally described as PLAN 2M1964 LOT 10 PT LOTS 1 TO 9 AND RP 2R8744 PART 13 RP 2R8810 PARTS 2 4 6 8 10 12 14 16 RP 2R8943 PART 1 have been severed and consolidated with Block 309 on the Draft Plan, to the satisfaction of the City.

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

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

75. That the Owner agrees to include in all Offers of Purchase, Sale or Lease related to property within the Plan of Subdivision clauses informing future purchasers and tenants of the following: a. No alteration of the drainage plan for the property or surrounding properties is permitted without the express written approval of the City of Brantford; b. That on-street parking shall be limited in terms of location and duration; c. That all future maintenance and repair of retaining walls on individual lots shall be the responsibility of the purchaser; d. That on-street parking shall be limited in terms of location and duration; e. That bussing may be required to transport children from within this subdivision to elementary and secondary schools; f. For Lots 1, 2, 60, and 61, each dwelling unit has been fitted with a forced air heating system and central air conditioning unit which will allow windows and exterior doors to remain closed, ensuring that the indoor sound levels are within the noise criteria of the Ministry of the Environment and Climate Change; and g. If required, purchasers/ tenants are advised that due to the proximity of Shellard Lane, sound levels from time to time may be audible.

76. That the Owner shall agree to provide Grandbridge Energy Inc. with all necessary easements and/or agreements required by Grandbridge Inc. for the provision of hydro services.

77. That the Owner provides the City with evidence that satisfactory arrangements, financial and otherwise, have been made with Grandbridge Inc. that adequate hydro service will be provided to the subdivision.

78. That the Owner shall agree to provide Enbridge with all necessary easements and/or agreements required by Enbridge for the provision of gas services,

79. That the Owner shall agree to the satisfaction of Bell Canada the following: 79a. The Developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum the effective delivery of communication / telecommunication services for emergency management services. 79b. The Owner shall agree in the Subdivision 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. 79c. Bell Canada requires one or more conduit or conduits of sufficient size from each unit to the room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the telecommunications facilities are located to the street line.

80. That the Owner shall agree to the satisfaction of Canada Post the following: a. Include on all offers of purchase and sale, a statement that advises the prospective purchaser: i. that the home/business mail delivery will be from a designated Centralized Mail Box; and, ii. that the Owner be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. b. 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; and, c. Determine the location of all centralized mail receiving facilities in cooperation with the City of Brantford and Canada Post and to indicate the location of the centralized-mail facilities on appropriate maps, information boards and plans; maps are to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations.

81. Prior to final approval, the City must be advised, in writing, by the Grand River Conservation Authority how Conditions 40, 41, 43, 50, 60, 62, 64, and 65 have been satisfied.

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

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

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

85. Prior to final approval, the City must be advised, in writing, by Canada Post, how Condition 80 has been satisfied.

86. That prior to the issuance of building permits, the Owner agrees to provide the City with a certification letter from a licensed and qualified professional Architect for each lot confirming that the proposed building elevations and mix of unit types are consistent with the Urban Design Guidelines prepared by MHBC Planning, dated July 2016, to the satisfaction of the General Manager, Community Development.

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