Ontario Land Tribunal

ISSUE DATE: June 3, 2026 CASE NO.: OLT-26-000482 (Formerly PL100881)

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

Applicant and Appellant: Grandview Ravines Inc. Subject: Request to amend the Official Plan - Failure of the City of Brantford to adopt the requested amendment Existing Designation: Residential Proposed Designation: Open Space Purpose: To permit a range of residential densities Property Address/Description: 125 Golf Road Municipality: City of Brantford Approval Authority File No.: OP-06-04 OLT Case No.: OLT-26-000482 Legacy Case No.: PL100881 OLT Lead Case No.: OLT-26-000482 Legacy Lead Case No.: PL100881

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

Applicant and Appellant: Grandview Ravines Inc. Subject: Application to amend Zoning By-law No. 160-90 – Neglect of application by the City of Brantford Existing Zoning: Holding provision (H-R1B) Proposed Zoning: Residential Type 3 Exception, Residential Type1C-Exception and Open Space. Purpose: To permit a residential subdivision with an open space reserve Property Address/Description: 125 Golf Road Municipality: City of Brantford OLT Case No.: OLT-26-000483 Legacy Case No.: PL100807 OLT Lead Case No.: OLT-26-000482 Legacy Lead Case No.: PL100881

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

Applicant and Appellant: Grandview Ravines Inc. Subject: Proposed Plan of Subdivision - Failure of the City of Brantford to make a decision Purpose: To permit the proposed plan of subdivision Property Address/Description: 125 Golf Road Municipality: City of Brantford Municipal File No.: 29T-04504 OLT Case No.: OLT-26-000484 Legacy Case No.: PL100882 OLT Lead Case No.: OLT-26-000482 Legacy Lead Case No.: PL100881

BEFORE: JEAN-PIERRE BLAIS, VICE-CHAIR Wednesday, the 3rd day of June, 2026

THESE MATTERS having been considered by the Ontario Land Tribunal for a written hearing;

WHEREAS Grandview Ravines Inc. (now Parkside Hills Inc., “Parkside”) submitted applications to facilitate development of the lands located at 125 Gold Road in the City of Brantford (“City) (“Subject Lands”);

AND WHEREAS the former Ontario Municipal Board issued a decision dated June 26, 2014 (“Decision”) approving development of the Subject Lands;

AND WHEREAS the Decision approved, with modifications, an Official Plan Amendment (“OPA”), Zoning By-Law Amendment (“ZBLA”), Draft Plan of Subdivision (“Draft Plan”) and Conditions of Draft Plan Approval (“Draft Plan Conditions”) (collectively, the “Instruments”) for the southern portion of the Subject Lands (“Southern Lands”) and an OPA and ZBLA for the northern portion of the Subject Lands (“Northern Lands”);

AND WHEREAS the Decision was withheld pending receipt of the revised Instruments to implement the Decision;

AND WHEREAS Parkside was proposing that the Southern Lands be developed with 15 single detached residential lots;

AND THE TRIBUNAL having been advised that Parkside wishes to proceed with implementation of the Decision as it relates to the Southern Lands;

AND THE TRIBUNAL having been advised that Parkside wishes to increase the number of lots from 15 to 18;

AND THE TRIBUNAL having been advised that the City supports Parkside’s requested increase to 18 lots;

AND THE TRIBUNAL having considered the uncontested planning opinion evidence through the affidavit of Matthew Johnston, MCIP, RPP, Land Use Planner, in support of the increase in lots and revised planning Instruments for the Southern Lands;

AND WHEREAS THE TRIBUNAL is satisfied that the increase in lots and planning Instruments meet all applicable statutory tests and are in the public interest and constitute good planning;

NOW THEREFORE THE TRIBUNAL ORDERS THAT:

1. In relation to the Southern Lands; a. THE OPA is approved in accordance with Attachment A attached hereto; b. The ZBLA is approved in accordance with Attachment B attached hereto; c. The Draft Plan is approved in accordance with Attachment C attached hereto; d. The Conditions of Draft Plan Approval are approved in accordance with Attachment D attached hereto;

2. The Attachments included in this Order shall form part of this Order; and

3. In all other respects, the Tribunal’s 2014 Decision and Order shall remain in force and effect.

4. The Tribunal may be spoken to should any matters arise respecting 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 A

SCHEDULE ‘A’ TO BY-LAW NUMBER -2026 OF THE CORPORATION OF THE CITY OF BRANTFORD AMENDMENT NO. TO THE OFFICIAL PLAN FOR THE CITY OF BRANTFORD

PART 1 – THE PREAMBLE TO THE AMENDMENT

Part 1 constitutes an introduction to the Amendment found in Part 2 of Schedule ‘A’ to this By-law. It describes in general terms the purpose of the Amendment, the location of the lands affected, and the basis upon which the Amendment is formulated.

PURPOSE OF THE AMENDMENT: The purpose of the Official Plan Amendment is to redesignate a portion of the lands at 125 Golf Road as “Residential Designation” to permit the development of single-detached dwellings.

LOCATION: This Amendment applies to a 1.078 ha (2.663 ac) portion of the lands located at 125 Golf Road, having an overall area of 35.5 hectares (81.7 acres) and identified as Part of Lot 24, Concession 2, formerly in the Geographic Township of Brantford, now in the City of Brantford. The lands at 125 Golf Road are generally bounded by Highway 403 to the north, the CNR corridor to the north-east, Golf Road to the east, Hardy Road to the south and undeveloped lands to the west. The lands subject to this amendment are shown in the attached Schedule ‘B’ Map 1 through Map 7 to this amendment.

BASIS OF THE AMENDMENT: The basis for this amendment is as follows:

• The proposed Amendment will preserve the Provincially Significant Wetland on the Subject Lands through the provision of appropriate buffers from the edge of sensitive features to the proposed Residential Designation.
• The proposed Amendment supports a comprehensive planning approach to the development of the lands through the protection of natural heritage features and archaeological resources.
• The proposed Amendment supports residential development within the City of Brantford’s Urban Boundary.
• The proposed Amendment is consistent with the Provincial Planning Statement.
• The proposed Amendment Implements the OMB Case No. PL100472 dated June 26, 2014.

PART 2 – THE AMENDMENT

All of this part of Schedule ‘A’ entitled “Part 2 – The Amendment” consisting of the following text and Schedule ‘B’ Map 1 through Map 7, attached to and forming part of this By-law, constitutes Amendment No. to the Official Plan of the City of Brantford

DETAILS OF THE AMENDMENT

1.0 SCHEDULE CHANGES

1.1 Schedule 1 – Growth Management Schedule 1 – Growth Management of the City of Brantford Official Plan is hereby amended by changing the Southern Portion of the Subject Lands identified on Schedule ‘B’ Map 1 from “Area Subject to LPAT Decision” to “Neighbourhoods” and by applying the “Designated Greenfield Area” overlay to the lands.

1.2 Schedule 2 – Designated Greenfield Area Density and Block Plan Boundaries Schedule 2 – Designated Greenfield Area Density of the City of Brantford Official Plan is hereby amended by changing the Southern Lands portion of the Subject Lands identified on Schedule ‘B’ Map 2 from “Area Subject to LPAT Decision” to “Density target of 55 residents and jobs combined per hectare” and by applying the “Designated Greenfield Area” overlay to the lands.

1.3 Schedule 3 – Land Use Plan Schedule 3 – Land Use Plan of the City of Brantford Official Plan is hereby amended by changing the Southern Lands portion of the Subject Lands identified on Schedule ‘B’ Map 3 from “Area Subject to LPAT Decision” to “Residential Designation”.

1.4 Schedule 4 – Designated Greenfield Area Structure Schedule 4 – Designated Greenfield Area Structure of the City of Brantford Official Plan is hereby amended by changing the Southern Lands portion of the Subject Lands identified on Schedule ‘B’ Map 4 from “Area Subject to LPAT Decision” to “Residential Designation”.

1.5 Schedule 6 – Natural Heritage System Schedule 6 – Natural Heritage System of the City of Brantford Official Plan is hereby amended by removing the Southern Lands portion of the Subject Lands identified on Schedule ‘B’ Map 5 from “Area Subject to LPAT Decision”.

1.6 Schedule 7-1 – Floodplain Schedule 7-1 – Floodplain of the City of Brantford Official Plan is hereby amended by removing the Southern Lands portion of the Subject Lands identified on Schedule ‘B’ Map 6 from the “Area Subject to LPAT Decision” overlay.

1.7 Schedule 7-3 – Steep Slopes and Erosion Hazards Schedule 7-3 – Steep Slopes and Erosion Hazards of the City of Brantford Official Plan is hereby amended by removing the Southern Lands portion of the Subject Lands identified on Schedule ‘B’ Map 7 from the “Area Subject to LPAT Decision” overlay.

2.0 IMPLEMENTATION An implementing Zoning By-law, Registered Plan of Subdivision, and Site Plan Agreement will give effect to this Amendment.

This is Schedule ‘A’ to By-law No. -2026, passed on this day of , 2026.

Mayor Clerk City of Brantford Official Plan Amendment No.

SCHEDULE B MAP 1

Changes to Official Plan Schedule 1- Growth Management Land affected by this amendment changed from Area Subject to LPAT Decision to Neighbourhoods Designation and Designated Greenfield Area PASSED MAYOR CLERK Note: This schedule forms part of Amendment No. _ to the Official Plan for the City of Brantford and must be read in conjunction with the written text.

SCHEDULE B MAP 2

Changes to Official Plan Schedule 2 - Designated Greenfield Area Density and Block Plan Boundary Land affected by this amendment changed from Area Subject to LPAT Decision to Density Target of 55 Residents and Jobs Combined per Hectare Designation and Designated Greenfield Area Scale: N.T.S PASSED MAYOR CLERK Note: This schedule forms part of Amendment No. _ to the Official Plan for the City of Brantford and must be read in conjunction with the written text.

SCHEDULE B MAP 3

Changes to Official Plan Schedule 3 - Land Use Plan Land affected by this amendment changed from Area Subject to LPAT Decision to Residential Designation Scale: N.T.S PASSED MAYOR CLERK Note: This schedule forms part of Amendment No. _ to the Official Plan for the City of Brantford and must be read in conjunction with the written text.

SCHEDULE B MAP 4

Changes to Official Plan Schedule 4 - Designated Greenfield Area Structure Land affected by this amendment changed from Area Subject to LPAT Decision to Residential Designation Scale: N.T.S PASSED MAYOR CLERK Note: This schedule forms part of Amendment No. _ to the Official Plan for the City of Brantford and must be read in conjunction with the written text.

SCHEDULE B MAP 5

Changes to Official Plan Schedule 6 - Natural Heritage System Land affected by this amendment to be removed from Area Subject to LPAT Decision Scale: N.T.S PASSED MAYOR CLERK Note: This schedule forms part of Amendment No. _ to the Official Plan for the City of Brantford and must be read in conjunction with the written text.

SCHEDULE B MAP 6

Changes to Official Plan Schedule 7-1 - Floodplain Land affected by this amendment to be removed from Area Subject to LPAT Decision Scale: N.T.S PASSED MAYOR CLERK Note: This schedule forms part of Amendment No. _ to the Official Plan for the City of Brantford and must be read in conjunction with the written text.

SCHEDULE B MAP 7

Changes to Official Plan Schedule 7-3 - Steep Slopes and Erosion Hazards Land affected by this amendment to be removed from Area Subject to LPAT Decision PASSED MAYOR CLERK Scale: N.T.S Note: This schedule forms part of Amendment No. _ to the Official Plan for the City of Brantford and must be read in conjunction with the written text.

ATTACHMENT B

BY-LAW NUMBER _-2026 OF THE CORPORATION OF THE CITY OF BRANTFORD

By-law to amend By-law No. 124-2024, being a By-law to regulate the use of lands and the location, erecting and use of buildings and structures in the City of Brantford

WHEREAS THE Council of The Corporation of the City of Brantford desires that By-law No. 124-2024 be amended as hereinafter set out;

AND WHEREAS such amendment will be within the terms and intent of the City of Brantford Official Plan;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF BRANTFORD UNDER THE PROVISIONS OF SECTION 34 AND 36 OF THE PLANNING ACT R.S.O. 1990 HEREBY ENACTS THAT COMPREHENSIVE ZONING BY-LAW 124-2024, AS AMENDED, BE FURTHER AMENDED AS FOLLOWS:

1. THAT Schedule “A” Map E4 & Map F4 be amended as shown on Schedule ‘A’, attached to and forming part of this By-Law, and as summarized as follows:

125 Golf Road Change a portion of the subject lands from a ‘Holding 1 – Core Natural (H1-N) Zone’ to a ‘Holding 3 – Greenfield Neighbourhood Low-Rise Residential (H3-GNLR) Zone’;

2. THAT this shall become effective from and after the date of passing thereof.

PASSED this DAY OF , 2026

MAYOR CLERK

LEGEND LANDS TO BE REZONED TO H3-GNLR.

Schedule 'A' This is Schedule 'A' to By-law No. to amend the Zoning By-law No. 124-2024 Schedule 'A' Map(s): E4 and F4 Passed the day of , 2026 Mayor Scale: N.T.S Clerk

ATTACHMENT C

January 8, 2026 January 8, 2026

ATTACHMENT D

Conditions of Draft Plan of Subdivision Approval 125 Golf Road, Brantford

1. This approval applies to the updated draft Plan of Subdivision prepared by Odan Detech Consulting Engineers Inc., dated November 18, 2025, showing a total of eighteen (18) single-detached Lots (Lots 1 to 18) and a public road (‘Street A’). The lands covered by the Draft Plan Approval are sometimes referred to by these Conditions as the “subject lands”. Unless otherwise stated, all conditions 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”.

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.

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 City.

4. That the Owner shall agree to provide all easements (either as temporary or permanent), and convey all lands, as may be required for but not limited to access, infrastructure, utility, or drainage purposes, to the appropriate authority, to the satisfaction of the Commissioner of Community Development.

5. That prior to registration and if applicable, 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.

6. That the Owner shall agree to satisfy all requirements, financial and otherwise, of the City of Brantford and Grandbridge Energy Inc., including those related to the following matters necessary for the development of Lots 1 to 18: a) Municipal services. b) Lot grading. c) Drainage. d) Stormwater management in accordance with current Provincial guidelines, CLI-ECA, and low impact Stormwater management development practices including quality and quantity control. e) The implementation of infiltration practices in the overall Stormwater Management scheme to maintain the existing groundwater regime and to protect groundwater dependent natural features. f) Boulevard tree planting internal and external to the Plan. g) Engineering Plan and Profile Drawings. h) Protection and maintenance of Environmental Features i) Curbs and sidewalks on both sides of municipal roads in accordance with the requirements of the City, including a continuous sidewalk along both sides of Golf Road extending from the north limit of the subject lands to Hardy Road. j) Prepayment toward the future maintenance costs of any required retaining walls on municipal lands. k) An electrical design from a consulting engineer to be provided to Grandbridge Energy for review and approval. l) A lighting plan showing the proposed street light locations and details regarding the proposed light standards, including any required illumination of sidewalks. m) Secure utilities (hydro, telecommunications, and gas) necessary to service the plan. n) Control of erosion, sediment and dust during construction. o) Payment of applicable development charges. p) Notification to purchasers of the applicable development charges. q) The responsibility to decommission any wells or septic systems in accordance with current provincial guidelines, if applicable. r) Nosie and vibration attenuation. s) A traffic management plan and Traffic Impact Study (TIS) to illustrate how traffic calming measures are to be incorporated into the development. t) Provision of a Qualified Person Affidavit or Record of Site Condition confirming that the environmental condition of the subject lands, including all lands to be conveyed to the City, meets the quality criteria as prescribed by Ontario Regulation 153/04, as amended, for the proposed land use. u) The Owner being financially responsible for the preparation of a groundwater management program prepared by a hydrogeological consultant in relation to all wells within 500 metres of the subject lands, as well as for the source(s) of irrigation water for the Brantford Golf and Country Club, to avoid interference and impacts to the quality and quantity of these wells. The Owner is responsible for reporting the results of said monitoring to the City. Should the Owner be found to have negatively impacted any existing well, the Owner shall agree to be financially responsible to replace the well, or reinstate the water supply through the provision of a municipal water supply including installation and connections and plumbing on the private property. This shall be at no cost to the municipality or to the private property owner. v) The implementation of infiltration practices in the overall Stormwater Management scheme to maintain the existing groundwater regime and to protect groundwater dependent natural features. w) The Owner shall agree to provide, at no cost to the municipality, a sanitary sewer capacity study analyzing the effects of the proposed development on downstream sanitary sewer capacities, and subject to the satisfaction and approval of the Commissioner of Community Development, implement all necessary works.

7. That the Owner agrees that construction of public services required for the development of Lots 1 to 18 shall not be phased and must be constructed in their entirety.

8. 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 Bylaw 29-2023 and without the written approval of the Commissioner of Community Development.

9. 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.

10. That the Owner shall agree, in accordance with sections 42 and 51.1 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and in accordance with the City of Brantford Parkland Dedication By-law 139-2022, to convey portions of the lands for trails as parkland in fee simple and free of encumbrances towards the conveyance of 5 percent of the lands for residential purposes within the plan, and pay cash-in-lieu of parkland on the value of the remainder.

Roads

11. That the Owner shall agree to be responsible for constructing and implementing all traffic improvements insofar as they are necessary for the development of the subject lands of proposed Lots 1 to 18, as identified in the Addendum dated March 6, 2012 to the Northwest Brantford Community Traffic Impact Study by Paradigm Transportation Solutions Ltd., dated February 2010, at no cost to the municipality, with the timing for said construction to be completed as agreed to by the Commissioner of Community Development. The Owner shall agree to update this Addendum/Traffic Impact Study to reflect the traffic estimates provided in the Northwest Business Park Traffic Impact Study, dated September 2009, prepared by McCormick Rankin Corporation for the City of Brantford.

12. That the Owner shall agree to be responsible for constructing and implementing all necessary traffic improvements identified for the development of Lots 1 to 18 in the updated traffic study to the satisfaction of the City and at no cost to the municipality, with the timing for said construction to be completed as agreed to by the Commissioner of Community Development.

13. That prior to Final Approval the Owner shall agree to identify all required 0.3m reserves and daylight triangles on the Final Plan, including a daylight triangle at the northwest corner of Hardy Road and Golf Road, and shall agree to convey these in fee simple, free of encumbrance and at no cost to the municipality to the Municipality. Note, daylight triangles are not conveyed separately but are shown on the final plan as part of the public right of way, to the satisfaction of Commissioner of Community Development.

14. That the Owner shall agree that the location and elevation of the intersection of Street A with Golf Road, and the intersections of Cherry Hill Lane and St. Andrews Drive with Golf Road must meet all design and all sight distance criteria to the satisfaction of the City prior to any approval.

Servicing

15. That the Owner agrees to implement the sanitary servicing improvements for the development of the subject lands as contained in the Minutes of Settlement regarding appeals to Development Charges By-law No. 54-2009, between the Corporation of the City of Brantford and Grandview Ravines Inc., dated June 21, 2010. Grandview shall submit an updated sanitary sewer servicing plan, prepared by a qualified engineer, identifying the proposed means of providing sanitary services to Lots 1 to 18, and the remainder of the lands. The City is to be satisfied financially and otherwise with regard to the method of sanitary servicing used for Lots 1 to 18. If the Ava Road pumping station is used to convey sanitary effluent from the site, any improvements required to the pumping station and downstream system to develop these lots shall be to the satisfaction of the City. Additional improvements that may be required to service the remainder of the lands will be secured through future phases of the development.

Geotechnical, Stormwater Management, Geomorphology

16. The Owner shall agree to prepare and submit for the approval of the Commissioner of Community Development and the Chief Building Official of the City of Brantford, a detailed geotechnical report to evaluate, among other matters, the requirements for engineered fill, footing design, foundation type and road design.

17. The Owner shall agree to prepare, and submit for the approval of the Commissioner of Community Development, the Grand River Conservation Authority, and the Ministry of Environment, Conservation and Parks, and in consultation with the Ministry of Natural Resources, a Stormwater Management Report and Plan, in accordance with current provincial guidelines, and the City’s CLI-ECA to address quality and quantity attenuation requirements.

18. That the Owner shall provide confirmation through monitoring for 2 years after assumption that the storm water management facility will not have an adverse effect on water quality and temperature, to the satisfaction of the Grand River Conservation Authority and the Commissioner of Community Development, at no cost to the municipality.

19. The Owner agrees to prepare an operation and maintenance manual in accordance with current provincial guidelines, for any proposed storm water management facilities and appurtenances, to the satisfaction of the Commissioner of Community Development, and provided to the municipality prior to the operation of any of the said facilities and appurtenances. In addition, a monitoring program addressing quantity control for a period of 2 years after assumption is to be established in consultation with the Ministry of Environment and the Grand River Conservation Authority, and administered until full build-out has occurred within the proposed development, all to the satisfaction of the Commissioner of Community Development. The monitoring program is to review the performance of the proposed quality regime, within the proposed development, and to ensure the SWM facilities and appurtenances are operating and functioning as designed with respect to the quality treatment of surface water runoff.

20. Prior to any grading or construction on the site and prior to registration of the plan, the Owner shall agree to submit and implement an Erosion and Sedimentation Control Plan indicating the means whereby erosion will be minimized and sediment 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 per the City’s Linear Design Standards, as contained in Appendix V-C of the City of Brantford Official Plan.

21. A. Prior to any grading or construction on the site and prior to the registration of the plan, the Owner shall agree to submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: i) A detailed and final stormwater management report in accordance with the 2003 Ministry of Environment Report entitled, “Stormwater Management Practices Planning and Design Manual.” ii) 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. iii) Staked and surveyed limits of Significant Natural Heritage features adjacent to Lots 1 to 18 as verified by the City, the GRCA and/or the MNR should be plotted and labelled on detailed lot grading and drainage plans. iv) An Environmental Implementation Report (EIR) to the satisfaction of the City of Brantford and the Grand River Conservation Authority.

    B. That the Owner shall produce and distribute a Residents Environmental Handbook to each residence at the time of sale to educate residents about the significant environmental features of the area and the means to protect and sustain these features.

    C. That the Owner shall provide a qualified environmental inspector, satisfactory to the Commissioner of Community Development and the Grand River Conservation Authority, to inspect the site during all phases of development and construction including grading, servicing and building constructions. The environmental inspector shall monitor and inspect erosion and sediment control measures and procedures, and visible groundwater conditions to ensure compliance with the approved plans in accordance with the approved Environmental Implementation Report. The environmental inspector shall report on their findings to the City on a monthly basis or as required in accordance with the approved Environmental Implementation Report.

    D. That the Owner shall provide to the Commissioner of Community Development, and the Grand River Conservation Authority, a report by a qualified engineer and/or geoscientist following completion of the storm water management facilities, that details how any measures required to control storm water management and achieve a water balance have been constructed, and an opinion on the performance expected from the facilities based on as built conditions.

    E. That the Owner shall provide an approved and issued Permit from the Grand River Conservation Authority for any development within the regulated areas on the subject lands pursuant to Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulations).

22. The Subdivision Agreement between the Owner(s) and City of Brantford shall contain provisions for the completion and maintenance of works in accordance with the approved plans and reports to the satisfaction of the City.

23. With respect to fluvial geomorphology, the Owner shall agree to the following: a) The Owner shall survey the location of the streams to ensure that all necessary stream improvements will be entirely located on the subject lands to the satisfaction of the City and the Grand River Conservation Authority; b) That the Owner agree to implement at their expense any recommendations contained in the Fluvial Geomorphology Erosion Risk and Stream Crossing Assessment by Parrish Geomorphic Ltd. dated April 2012 (except recommendations regarding culvert sizes) that may be required as a result of the development of Lots 1 to 18, to the satisfaction of the City and the grand River Conservation Authority.

24. Prior to submission of the Final Plan, the Owner shall agree to the submission of the following to the satisfaction of the Commissioner of Community Development and the Grand River Conservation Authority: a) Provision of an updated pre and post development water balance calculations on a subwatershed basis demonstrating the effects of the development on specific surface water features in the area including upwellings, springs, wetlands and coldwater streams and including the development of specific mitigation measures for the surface water features as required.

Parks and Open Space, Including Landscaping & Signage Requirements

25. The Owner shall agree to prepare, and submit for the approval of the Commissioner of Community Development the intended use for these lands, and confirmation of the functionality of these lands including a modified strategy addressing monitoring for invasive species removal and the manner in which the natural and cultural heritage features located on the subject lands are to be recognized, identified and managed for the long term as key features of the Subdivision and including a plan showing how pedestrian trails can be integrated within the Open Space and the balance of the lands.

26. The Owner shall agree to the construction and development of all trails and landscaping, to the satisfaction of the Commissioner of Community Development.

27. The Owner shall agree to submit, at no cost to the municipality, detailed grading and landscape plans prepared by a certified Landscape Architect for the Open Space Blocks to the satisfaction of the Commissioner of Community Development. Existing treed areas should be shown on these plans. The cost of these works shall be at the Owner’s sole expense.

28. 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 development plan and proposed routes must be submitted for approval by the General Manager, Community Services.

29. The Owner shall agree to construct all trails/walkways in accordance with the timing schedule as described in the Environmental Management Plan 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.

30. 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, at no cost to the municipality. 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.

31. The Owner shall agree that no fencing will be permitted, except for decorative fencing as agreed to by the Commissioner of Community Development, along any street frontages. Any fencing provided along Golf Road or in association with noise attenuation along Highway 403 or the CN Rail line must be to the satisfaction of the General Manager, Public Works and the General Manager, Community Services.

32. The Owner shall agree to provide a copy of the final grading plan for all Open Space lands for the review and approval of the Commissioner of Community Development.

33. The Owner shall agree to submit, and implement, at no cost to the municipality, a landscape plan prepared by a certified Landscape Architect to address planting requirements to the satisfaction of the Commissioner of Community Development. The cost to develop and landscape these areas shall be at the Owner’s sole expense.

34. a) The Owner shall agree to provide and install signage and/or printed materials explaining the use and function of the Stormwater Management Block, the Open Space Blocks and creek corridors at all street frontages once rough grading is completed; and b) The Owner shall agree to provide and install interpretative signage &/or printed materials relating to the natural heritage features, which exist in the area, in locations to the satisfaction of the Commissioner of Community Development.

Natural Heritage

35. That the Owner shall provide confirmation that slope setbacks, where applicable have been determined in accordance with current City of Brantford policies and Grand River Conservation Authority requirements, being the summation of erosion, slope stability and structural setback components.

36. The Owner agrees to carry out and implement the recommendations in the Environmental Impact Study by Savanta Inc., dated April 2012 including implementation of the recommendations for the Tree Health Assessment for the Golf Road Hedgerows in Appendix J of this study, and implementation of the recommendations in the Environmental Impact Study Addendum by Savanta Inc., dated December 2012.

37. The Owner shall submit a Tree Inventory Study and Vegetation Management / Protection Plan, at no cost to the municipality, prior to any disturbance or grading of the site prior to registration to the Final Plan; the above noted study / plan shall identify all existing trees on-site as well as for the Golf Road right-of-way intended to be part of any reconstruction, proposed to be removed or impacted as a result of the development of the subject lands, to the satisfaction of the Commissioner of Community Development. In addition, satisfactory arrangements are to be made with the Commissioner of Community Development concerning boulevard tree planting and replacement plantings within the areas identified as Open Space. The cost of these works shall be at the Owner’s sole expense.

38. The Owner shall agree to provide final drawings reflecting the location of Significant Woodlands as staked and field confirmed with the Grand River Conservation Authority, to the satisfaction of the Grand River Conservation Authority and the Commissioner of Community Development.

39. That prior to Final Approval the Owner shall prepare an updated Environmental Management Plan at no cost to the municipality to address the protection, restoration and future management of the significant natural heritage features and open space blocks including but not limited to the Brantford Northwest (Davisville Swamp) Wetland Complex, and the stream edges to the satisfaction of the Commissioner of Community Development, the Grand River Conservation Authority and in consultation with the Ministry of Natural Resources.

40. That the Owner shall agree to provide each property owner and successor thereof, an information package outlining approved practices in regard to maintenance and the surrounding environmentally sensitive lands, to the satisfaction of the Commissioner of Community Development and the General Manager, Community Services.

41. That the Owner agrees to submit to the City, documentation of discussions that occurred between the Owner and the Grand River Conservation Authority relating to slope preservation as it relates to the preliminary and final grading plan.

42. The Owner shall agree to submit, and implement, at no cost to the municipality, a detailed plan showing tree removals and re-planting / restoration requirements along the forest edges prepared by a Landscape Architect as well as a landscape plan prepared by a certified Landscape Architect to address planting requirements to the satisfaction of the Commissioner of Community Development. The costs to develop and landscape these Blocks shall be at the Owner’s sole expense.

43. That the Owner provides to the City of Brantford and the Grand River Conservation Authority a copy of the Authorization under Section 35(2) of the Fisheries Act as issued by Fisheries and Oceans Canada, if required.

44. The Owner shall agree to submit a plan for rehabilitation of all riparian zones to the satisfaction of the Grand River Conservation Authority and the Commissioner of Community Development.

Other

45. That the Owner agrees to update the Revised Environmental Noise and Vibration Impact Study by dBA Environmental Services Inc. revised March 2012, as recommended by the study. The Owner further agrees to update the Grandview Ravines Inc. Air Quality Assessment by Church and Trought Inc. dated March 2012, to include monitoring of odours on the Grandview property in the location of the proposed Lots 1 to 18. The Owner agrees to submit both updated studies to the Ministry of the Environment and the municipality for review. Any development of the subject lands must be in accordance with the recommendations of the said reports as they may affect the development of Lots 1 to 18 and, as approved by the Ministry of the Environment and to the satisfaction of the Commissioner of Community Development.

46. The Owner agrees to submit an updated noise and vibration study prepared in accordance with current Ministry of the Environment guidelines and submitted to CNR and the municipality for review. Any development of the subject lands must be in accordance with the recommendations of the said report, as approved by CNR and to the satisfaction of the Commissioner of Community Development.

47. That prior to the issuance of a building permit, the Owner agrees to provide to the municipality, certification from a qualified acoustical consultant that the required noise control measures have been incorporated into the builder’s plans.

48. That prior to issuance of an occupancy permit or release of securities, the Owner agrees to provide to the municipality, certification from a qualified acoustical consultant that the approved noise control measures have been properly installed.

49. That prior to Final Approval the Owner agrees to provide a report to advise the Municipality as to how the Urban Design Guidelines contained in the City of Brantford Waterfront Master Plan have been addressed, to the satisfaction of the Commissioner of Community Development.

50. 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.

51. 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 #160-90, as amended, or its successor.

52. That the Owner agrees to include in all initial and subsequent 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) To maintain the water balance for these lands and as part of the drainage plan noted in 50 (a) above, a combination of infiltration measures including soak away pits will be required in the front and / or rear yards for most of the lots in this subdivision. These systems are installed on private property and they will require future maintenance or replacement by the homeowner and the City of Brantford assumes no responsibility, financial or otherwise for these systems; c) This development is located in City of Brantford’s drinking water Intake Protection Zone (IPZ-2). The discharge of pollutants such as raw sewage, road salt and pesticides to the Grand River will negatively impact the City of Brantford’s raw water quality. This development may be subject to requirements to prevent the pollution of the City of Brantford’s raw water source. d) Retaining walls including their granular base foundation support, drainage pipes and fencing must be located completely within private property and property owners will own the walls and have full responsibility for the required maintenance, repair or replacement of the retaining walls. e) Due to the physical location of this development and the distance from existing fire stations, response times in the event of an emergency will be well above the acceptable standard for the rest of the City. The installation of residential fire sprinkler systems is strongly recommended. f) These lands are located in close proximity to existing industrial operations and lands that are zoned for future industrial operations and said operations will not be responsible for any complaints or claims arising from the operation of their facility(s) which may or may not result in operational noise and vibration emissions from time to time, provided such emissions are in accordance with any applicable Certificate of Approval. g) Purchasers / tenants are advised that although industries are required to obtain an Environmental Compliance approval from the Ministry of Environment for their air emissions, at times odours emanating from neighbouring zoned industrial uses may impede the enjoyment of the subject property. h) Purchasers / tenants are advised that due to the proximity of the adjacent industry (Facility) (Utilities), sound levels from the industry may at times be audible. i) All Units Requiring Central Air: Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the buildings units, sound levels due to increasing road traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality’s and the Ministry of the Environment’s noise criteria. These dwellings have been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality’s and the Ministry of the Environment’s noise criteria. j) All Other Units: Purchasers / tenants are advised that sound levels due to increasing rail and road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality’s and the Ministry of the Environment’s noise criteria. This dwelling unit has been fitted with a forced air heating system and the ducting etc., was sized to accommodate central air conditioning. Installation of central air conditioning by the occupant will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality’s and the Ministry of the Environment’s noise criteria.

External Agencies

53. That the Owner shall agree to provide Union Gas Limited with all necessary easements and/or agreements required by Union Gas Limited for the provision of gas services.

54. 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) Install a concrete pad in accordance with the requirements of, and in locations to be approved by, Canada Post and the municipality, to facilitate the placement of Community Mail Boxes; d) Identify the pad(s) noted in (c) above on the engineering servicing drawings; e) 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.

55. That the Owner shall agree to satisfy all requirements of CN with regard to the development of Lots 1 to 18.

56. That the Owner agree to carry out the recommendations of the Stages 1 to 4 Archaeological Assessment by Archaeological Research Associates Ltd., dated January 2003 as approved in letters from the Ministry of Culture to the City, dated June 23, 2004 and March 18, 2005, and as reviewed in the letter from the Ministry to the consultant, dated March 10, 2004, insofar as they relate to the development areas in the approved draft plan; and that site MB V as referred to in the Assessment and letters plus a 10 metre setback from the site, and all areas not archaeologically assessed, be zoned to prohibit development.

57. That the Owner shall provide to the satisfaction of the City (who will consult with the Ministry of Natural Resources), evidence that they have obtained any required permit(s) / authorizations(s) under the Endangered Species Act. The Owner further acknowledges that where a permit / authorization is required and is not obtained, revisions to the Plan may be required.

58. That prior to final approval, the Owner shall submit to the Ministry of Transportation a copy of the stormwater management report along with grading and drainage plans and a draft copy of the M-Plan for the subdivision.

59. Prior to final approval, the City must be advised, in writing, by the Grand River Conservation Authority, how Conditions 17 to 19 inclusive, 21, 23, 24, 35, 36, 38, 39, 43 & 44 have been satisfied.

60. Prior to final approval, the City must be advised, in writing, by Union Gas Limited, how Condition 53 has been satisfied.

61. Prior to final approval, the City must be advised, in writing, by Canada Post, how Condition 54 has been satisfied.

62. Prior to final approval, the City must be advised, in writing, by CN, how Conditions 46 and 55 have been satisfied.

63. Prior to final approval, the City must be advised, in writing, by the Ministry of Tourism, Culture, and Sport, how Condition 56 has been satisfied.

64. Prior to final approval, the City must be advised, in writing by the Ministry of Transportation how Condition 58 has been satisfied.

65. Prior to final approval, the City must be advised, in writing by the Ministry of Environment how Conditions 17, 21, and 45 have been satisfied.

66. Pursuant to Section 51(32) of the Planning Act, R.S.O. 1990, Draft Plan Approval, together with all conditions, shall lapse in three (3) years from the date of the granting of Draft Plan Approval.

67. Prior to Final Approval the City must be advised in writing, by the Owner, how Conditions 1 to 64 inclusive have been satisfied.

Notes to Draft Approval

1. The Applicant is directed to Section 51 (43) of the Planning Act. R.S.O. 1990 regarding referral of any imposed condition to the Ontario Land Tribunal. Requests for referral are to be directed to the City Clerk of the Corporation of the City of Brantford.

2. It is the Applicant’s responsibility to fulfill the condition of draft approval and to ensure that the required clearances are forwarded by the appropriate agencies to the City of Branford, to the attention o the Direction of Planning, quoting the above-noted file number.

3. Required agreements with the Municipality will be prepared by the City of Brantford Engineering and Legal Departments, upon written request being received by the Public Works Department from the Applicant. The Applicant is directed to consult the Engineering Department’s Subdivision Technologist for details on documentation required.

4. The Applicant should consult with the Ontario Land Surveyor for this proposed plan concerning registration requirements relative to the Land Titles Act.

5. The final plan approved by the Corporation of the City of Brantford must be registered within (30) days or the Corporation may withdraw its approval under the Planning Act 1990.

6. All measurements on the Plan to be registered must be prepared in metric units.

7. The proposed water distribution system meets the definition of “drinking water systems” under the Safe Drinking Water Ac (SDWA), 2002. The City of Brantford has obtained a Drinking Water Works Permit under the SDWA and, therefore, approve all watermain additions, modifications, replacements or extensions to the existing water distribution system. The proponent must complete a “Form 1 – Record of Watermain Authorization as a Future Alteration” as published by the Ministry of the Environment (MOE) and a declaration stating the design of the watermain addition, modification, replacement or extension satisfied the design criteria set out in the MOE’s publication “Watermain Design Criteria for Future Alterations Authorized under the Drinking Water Works Permit – March 2009”, as amended from time to time and the “Design Guidelines for Drinking Water Systems, 2008”, as amended from time to time.

8. The proposed stormwater management system meets the definition of a “sewage works” under the Ontario Water Resources Act, therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act, R.S.O. 1990, prior to construction of the stormwater management system. The proponent must ensure that the application for Approval of Sewage Works, and appropriate supporting information are submitted to the Ministry of the Environment and approved. The applications must also address all Environmental Act requirements and where necessary obtain land/utility corridor approvals from private property owner and agencies.

9. The proposed sanitary sewage collection system meets the definition of a “sewage works” under the Ontario Water Resources Act, therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act, R.S.O. 1990, prior to construction of the sanitary sewage collection system. The proponent must ensure that the application for Approval of Sewage Works, and appropriate supporting information are submitted to the Ministry of the Environment and approved. The applications must also address all Environmental Act requirements and where necessary obtain land/utility corridor approvals from private property owner and agencies.

10. Canada Post’s multi-unit policy, which requires that the Owner provide the centralized mail facility at their own expense, will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space.

11. All Buildings and structures (including stormwater management facilities, utilities and internal roads) must be set back a minimum of 14m from the highway right-of-way limit. Earth berms in excess of 2.0m in height are considered a structure by the Ministry of Transportation and are also required to be setback a minimum of 14.0m from the Highway 403 right-of-way.

12. MTO must be confident that the continued operation and maintenance of the stormwater management facility is assured. The Municipality must assume responsibility for the operation and maintenance of the stormwater facility and associated outlet.

13. Arrangements shall be made to the satisfaction of the Ministry of Transportation for the erection of a security fence along the boundary of the highway, should a noise barrier not be required by the municipality. The security fence shall be a minimum of 1.8m in height and be offset a minimum 0.3m away from the existing right-of-way limit.

14. The developer is required to prepare noise study reports as per MOE requirements under the Planning Act. Where noise problems arise from the lack of, or poorly planned designed, constructed or maintained barriers built by developers, MTO shall not assume the responsibility for noise control, financial or otherwise.

15. The Owners should be aware that under the Public Transportation and highway Improvement Act, permits are required from MTO before any grading or construction work can begin on the subject lands. A building and land use permit will be required for the subdivision site work and then separate building and land use permits will be required for each lot abutting the Highway 403 property limit. Any signs on site visible to the Highway will require a sign permit from MTO prior to installation.

16. The Owner shall submit any request for extension to Draft Plan Approval, with the appropriate fees, to the Director of Planning together with an explanation as to why registration could not occur in the three year period preceding lapsing. Said request shall be submitted a minimum of six months preceding the lapsing date.

Clearances are required from the following agencies: Commissioner of Community Development City of Brantford 58 Dalhousie Street Brantford, ON N3T 2J2 P. 519-759-4150

Resource Planner Grand River Conservation Authority 400 Clyde Road, PO Box 729 Cambridge, ON N1R 5W6 P. 519-621-2763, ext. 2228 Toll Free: 1-866-900-4722 F. 519-621-4945

Enbridge Gas Inc. 50 Keil Drive North P.O. Box 2001 Chatham, ON N7M 5M1 P. 519-352-3100 ONTLands@enbridge.com

Canada Post Corporation 300 Wellington Street London, ON N6B 1L4

Ministry of Tourism, Culture, and Gaming 438 University Avenue, 6th Floor Toronto, ON M5G 2K8 P. 416-326-9326

Ministry of the Environment, Conservation and Parks Environmental Assessment & Approvals Branch 2 St. Clair Avenue West, Floor 12A Toronto ON M4V 1L5 P. 416-314-8001 enviropermissions@ontario.ca

Ministry of Natural Resources 300 Water Street Peterborough, ON K9J 8M5 Guelph, Ontario N1G 4Y2 P. 1-800-387-7011 Minister.mnrf@ontario.ca

Fisheries & Oceans Canada 520 Exmouth Street Sarnia, ON N7T 8B1 P. 519-464-5128 info@dfo-mpo.gc.ca