COMMITTEE OF THE WHOLE MEETING APRIL 23, 2018

Transcription

1 REPORT #PD COMMITTEE OF THE WHOLE MEETING APRIL 23, 2018 DRAFT PLAN EXTENSION REQUEST WALTON DEVELOPMENT AND MANAGEMENT WALTON INDUSTRIAL PLAN OF SUBDIVISION 7005 INDUSTRIAL PARKWAY SETTLEMENT OF ALLISTON FILE NO.: NT-T-1101 RECOMMENDATION THAT Report #PD , be received; AND FURTHER THAT an extension to the draft plan approval for an industrial plan of subdivision (File No. NT-T-1101) be approved for a period of three (3) years, until May OBJECTIVE The purpose of this Report is to provide Council with background information and a recommendation concerning a draft plan extension request to the above noted industrial plan of subdivision. BACKGROUND The subject land is legally described as Part Lots 2 & 3, Concession 13. The landholding is approximately hectares ( acres) in size, having frontage on the south side of Industrial Parkway, east of the Canadian Pacific Railway, in the settlement of Alliston. A location plan of the subject land is provided as Attachment No. 1. Adjacent land uses include Agricultural uses to the south and west, and Honda of Canada Manufacturing to the north and the County of Simcoe Paramedic Detachment and existing residential. History On May 7, 2012, a draft plan of subdivision was approved on the subject land to permit the development of an industrial plan of subdivision. On March 17, 2014, a red line revision request was approved by Council which resulted in the removal of lands for a County Emergency Medical Service ( EMS ) station, the realignment of the easterly road allowance to match the entranceway of Honda, the realignment of the internal road network and block configuration and the removal of the

2 Report #PD , April 23, 2018 stormwater management pond block from the plan and relocated on lands south of the subdivision. The approved red lined draft plan resulted in the creation of the following: 11 blocks for industrial purposes; 2 road widening blocks; and, An internal road network. A copy of the revised draft plan is provided as Attachment No. 2. On March 2015, a three (3) year draft plan extension was granted by Council which resulting in a new lapsing date of March 7, COMMENTS AND CONSIDERATIONS The inclusion of a lapsing provision is standard in Notes to Draft Plan Conditions approved by the Town, as a means to protect against delays in the development of subdivisions or to provide for additional conditions of draft approval where circumstances have changed since the original draft approval. Note 7 to conditions of draft plan approval states: If final approval is not given within three (3) years from the date of Draft Approval, and no extensions have been granted, Draft Approval shall lapse under Section 51 (32) of the Planning Act, R.S.O., 1990, as amended. If the Owner wishes to request an extension for Draft Approval, a written explanation must be received by the Town of New Tecumseth prior to the lapsing date. The approved draft plan has a lapsing date of May 7, On March 8, 2018, a letter was submitted by Walton Development and Management requesting an extension to the industrial draft plan of subdivision.a copy of the letter which contains additional infromation is included as Attachment No. 3. On March 13, 2018, the extension request was circulated to internal departments and external agencies for review and consideration. Based on that circulation the following departments and agencies indicated no concerns or objections to the extension request: Town Engineering Department; Town Building Department; County of Simcoe; Enbridge; Powerstrea/Alectra; Rogers; and, Page 2 of 25

3 Report #PD , April 23, 2018 Simcoe County District School Board. The Town Engineering Department indicated no concerns with the draft plan extension request however, did request that conditions of draft plan approval be updated. A copy of the revised conditions were circulated to the applicant. A copy of the revised draft plan conditions are included as Attachment No. 4. Planning Staff are satisfied that the file is currently active and the owner is currently marketing the site for potential tenants/owners. Staff is of the opinion that the draft approved status of the lands enables future industrial uses to locate and operate in the Town. Furthermore, staff has been contacted by a variety of interested parties who are seeking industrial lands within the Town, including preconsultation meeting.it is noted that the applicant had requested a two (2) year extension however, staff considers a three (3) year extension appropriate which would result in a new lapsing date of May 7, FINANCIAL CONSIDERATIONS There are no financial considerations associated with the extension request. Respectfully submitted: Andy Warzin Intermediate Planner Attachments: Location Map - March Signed Draft Approved Plan Walton Development - Extension Request Letter - March 8, 2018 Redline Conditions of Draft Approval - April 23, 2018 Approved By: Department: Status: Bruce Hoppe, MCIP, RPP, Director of Planning & Development Khurram Tunio, M. Eng., P. Eng, GM of Infrastructure and Development Planning Approved - 19 Apr 2018 Development and Infrastructure Division Approved - 19 Apr 2018 Blaine Parkin, P. Eng., CAO CAO Approved - 19 Apr 2018 Page 3 of 25

4 Location Map JONES STREET 7300 ANDERSON ROAD CHURCH STREET SOUTH INDUSTRIAL PARKWAY µ TH LINE TOTTENHAM ROAD Walton Deelopment and Management Walton Industrial Subdivision (NT-T-1101) ,120 M 1:15,000 Page 4 of 25

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6 March 8, 2018 The Town of New Tecumseth Planning and Development Department 10 Wellington Street E Alliston, Ontario L9R 1A1 Attn: Re: Bruce Hoppe, Director of Planning and Development Draft Plan Approval Extension Request (File No. NT-T-1101) Please accept this letter as a request for a Draft Plan of Subdivision Approval Extension for the Industrial Subdivision located on Part Lots 2 and 3, Concession 13 in the Town of Alliston, known municipally as 7005 and 6857 Industrial Parkway, ( Alliston Industrial ) that is currently set to lapse on May 7, We have enclosed a cheque in the amount of $2,000 made payable to the Town of New Tecumseth, representing the Draft Plan Approval Extension fee for the site. The subject lands were draft plan approved on May 7, 2012 to accommodate an industrial subdivision and are currently designated Employment Area 2 in the Town of New Tecumseth Official Plan. The intent of the Employment Area 2 designation is to permit a range of large scale employment uses. The site is currently zoned Urban Industrial (UM) Zone in the Town of New Tecumseth Zoning By-law. We respectfully request a two (2) year extension to the above noted draft plan approval. Status of Project Alliston Industrial was accepted into the Province of Ontario s Investment Ready Program as a Certified Site in 2015 and Walton continues to work with the Province to respond to Requests for Information received through this program. In collaboration with Honda Canada Inc., upgrades to Industrial Parkway have been completed along the north boundary of the site and the Alliston Paramedic Station opened in June Walton has and continues to actively market the site. These efforts have included, retaining two different commercial real estate brokerages for listing of the serviced lots, as well as through other forms of market engagement. The market generated interest for committed lot purchases, to date, has been nominal and at offer pricing well below base economic levels to warrant further servicing of the property. Walton has recently been approached by an end-user for a potential facility along the western boundary of the site that may also provide trans-loading services (rail to truck) to other potential future users in the project. Preliminary discussions continue to advance with the proponent, although no formal offer has been received to date. With limited annual absorption of green field industrial sites in Alliston s industrial market, Walton continues to explore other land use opportunities to generate to a broader range of end users and advance development sooner based on current market demand. As reflected in our September 22, 2017 submission to the Town, a land use concept plan was prepared supporting a mixed use concept for the site while maintaining portions of the existing employment land designation. Page 6 of 25

7 Justification for Extension: The request to extend the existing draft plan approval for the subject property is appropriate for the following reasons: Extension of the approved draft plan will continue to conform to the policies of the Town of New Tecumseth Official Plan, the County of Simcoe Official Plan, the Growth Plan and the Provincial Policy Statement (2014). The subject property is located within the existing Settlement Area of Alliston. Alliston is identified as a Primary Settlement Area and a focus for growth within the Town of New Tecumseth and the County of Simcoe as a whole. The development of the lands would support the achievement of the Town of New Tecumseth's long term growth and employment targets. The existing approval provides the ability to accommodate potential end-users with greater certainty. Infrastructure upgrades including sanitary and storm sewer capacity and transportation related road improvements have been completed in anticipation of development of the property and adjacent lands. Considerable effort and investment has been made over the past number of years to market these lands under the current industrial zoning, including the inclusion of the site in the Province of Ontario s Site Certified Investment Ready Program. Walton continues to actively market the property to end-users and is engaged in ongoing discussions with potential end-users who are looking to the certainty of the existing approvals as a means to expedite timing to market. It is the intent to advance detailed design, servicing and registration of the property, subject to third party sales of serviced lots at economically viable terms, as soon as possible. The site remains vacant and represents an idle opportunity for the Town in terms of deferred development charges, utility revenues, municipal tax assessment and economic stimulus. Based on recent market conditions, additional time is required to market the sites to endusers. We respectfully request your support for this draft plan approval extension. We are available at your convenience to meet if you have any questions or require additional information. Sincerely, Walton Development and Management LP by its general partner Walton Development and Management GP Ltd. Craig Dickie, President Cc: John Plastiras, Walton Global Investments Ltd. Page 7 of 25

8 CONDITIONS OF APPROVAL FOR SUBDIVISION NT-T-1101 WALTON ONTARIO LAND 1 & WALTON ONTARIO LAND LP 1 TOWN OF NEW TECUMSETH April 23, This approval applies to the Draft Plan of Subdivision ( the plan ), dated February 25, 2014, and prepared by MHBC, illustrating 11 blocks for Industrial purposes (Blocks 1 to 8 and 20-22); 2 blocks for road widening purposes (Blocks 9-10) and, an internal road network. TOWN CONDITIONS 2. Prior to final approval, the Town of New Tecumseth ( the Town ) shall be satisfied that the appropriate zoning is in effect for the proposed plan of subdivision. 3. The Owner shall enter into a subdivision agreement with the Town to satisfy all conditions, financial or otherwise of the Town, including but not limited to: a) registration of the Agreement against Title to the lands to which the Plan of Subdivision applies; b) payment of development charges; c) provision of roads and municipal services; d) design of the subdivision in accordance with the Town s design standards of the day; e) maintenance of services and infrastructure in keeping with the Town s operating standards until assumption; f) payment of any and all outstanding application fees to the Town in accordance with Planning Fees By-Law , as amended; and g) Provide at no cost a digital copy of the Plan of Subdivision as approved for registration, to the satisfaction of the Town. The said agreement shall be registered against the lands to which it applies. 4. The road allowances within the Plan shall be designed in accordance with the Town s engineering standards for road and intersection design and temporary turning circles and shall be conveyed to the Town as public highways without monetary consideration and free of all encumbrances. The pattern of streets, and the layout of lots and blocks shall be designed to correspond and coincide with the pattern and layout of abutting developments, all to the satisfaction of the Town. Temporary turning circles shall be used on a temporary basis and easements shall be provided to the Town for such temporary turning circles. 5. That prior to final approval, a Traffic Impact Study shall be completed by a qualified Consultant, satisfactory to the Town, and implemented, to the satisfaction of, and at no cost, to the Town. The study shall include the design and necessary improvements, facilities for all existing and proposed local roads and intersections to be included within the Traffic Impact Study. Any additional lands required as a result of identified road improvements, such as turning lanes, shall be conveyed to the Town without monetary consideration and free of all encumbrances. The TIS shall identify at a minimum: Page 8 of 25

9 a) The impacts that this development will have on the existing traffic patterns and roadways in the general area of the development; b) All upgrades required to accommodate the anticipated traffic and pedestrian flows generated on the proposed and existing roadway system; c) Address the proposed timing of traffic improvements based on number of lots and phasing; d) Identify any additional right-of-way required to accommodate additional lanes of traffic or transportation improvements, where such lands shall be conveyed to the Town without monetary consideration and free of all costs and encumbrances, all to the satisfaction of the Town; e) Considerations for phases of the subdivision, including, but not limited to the following items: i) the internal road network as well as the external road network that is impacted by the development; ii) confirmation that the actual traffic distribution occurring is in keeping with the previous report(s); iii) review any necessary traffic calming measures that will be required within the subdivision or on the external road network; iv) review the warrants for traffic controls at all impacted intersections within the subdivision or on the external road network; v) review sight lines; and vi) any other issues raised by the Town and any other jurisdiction having authority; and f) Any other issues raised by the Town and any other jurisdiction having authority. 6. The Traffic Impact Study is to be updated for each phase of the Subdivision as it progresses. 7. The Owner shall agree in the Subdivision Agreement to implement the road improvements as identified in the TIS and updated TIS. 8. Any additional traffic control measures required to be implemented as a result of the updated TIS will be the responsibility of the Developer. 9. Prior to the start of construction, the Owner shall provide the Town with monetary compensation for construction of Street A across the Town s existing service corridor, to the satisfaction of the Town. 10. The Owner is advised that the County of Simcoe and the Town are currently in discussions with regard to transfer of jurisdiction of Industrial Parkway to the County. Accordingly, the Owner acknowledges that additional right-of-way widening may be required by the County at that time, for any portion of the Plan not registered. 11. The street names shall be determined by the Town, and shall be included on the first engineering drawings. 12. The Plan to be registered shall show daylighting triangles on each corner lot in accordance Page 9 of 25

10 with the Town s Engineering Design and Standard Specifications and Drawings, or as determined by the Town, which are to be conveyed to the Town, without monetary consideration and free of all encumbrances. 13. The Owner shall convey the following lands to the Town, where appropriate, without monetary consideration and free of all encumbrances: a) Blocks 9 and 10 for road widenings b) Lands to be conveyed to Town for stormwater purposes, immediately south of the development c) Blocks 15 to 18 for 0.3m reserves 14. The Owner shall agree to design, supply and install a street lighting system, compatible with the existing and/or proposed systems in surrounding plans, all in accordance with Engineering Design Criteria and Standards. 15. Prior to final approval, a geotechnical report prepared by a qualified professional at the Owner's expense shall be submitted to the Town for review and approval. The Owner shall agree in the subdivision agreement to carry out, or cause to carry out, the recommendations for the Plan including, but not limited to pavement design and construction issues for ideal and non-ideal conditions on the site, including recommendations for the SWM Pond construction, all to the satisfaction of the Town. 16. Prior to final approval, the Owner shall not remove any vegetation or topsoil or start any grading of the lands, including importing of fill without an earthworks agreement with the Town having been executed. 17. The Owner acknowledges that each Block purchaser will be required, as part of a Site Plan Agreement with the Town, to complete an acoustical study specific to their Block and use, including identifying any mitigation required to protect their Block from impacts or sensitive receptors in the area from their activities. The Acoustic Report is to be prepared in accordance with the Town s Standards and current acoustical guidelines. Depending on the timing of the development Blocks, interim noise control measures may be required. 18. The Purchaser/ Owner of each Block shall enter into a Site Plan Agreement with the Town which shall contain the following: a) That prior to final approval of the Site Plan, the Owner shall engage the services of a qualified acoustical engineer to review, report and make recommendations on the final design of the site plan, and that in preparation of the report and recommendations the acoustical engineer shall: (i) Provide compliance with the noise mitigation measures, in accordance with the current MOECC standards as deemed necessary by the MOECC; and Page 10 of 25

11 (ii) The construction of the noise barriers are to be prior to occupancy permits being issued for any dwellings within the affected portions of the plan, all to the satisfaction of the Town. b) Provisions to implement the recommended noise mitigation measures as approved by the Town of New Tecumseth, such agreement to be registered on title once the Site plan is registered. 19. Prior to entering into a subdivision agreement, the Owner shall not install any infrastructure and/or road works on the lands, without a pre-servicing agreement with the Town having been executed. 20. The Owner shall cause the following warning clauses to be included in a schedule to: a) all offers of purchase and sale, or lease for all lots/blocks: Purchasers and/or tenants are advised that despite the use of any noise control mechanisms or features within the development area, construction activity may occasionally interfere with some activities of building occupants. Purchasers and/or tenants are advised that despite the inclusion of noise control features within the development area and within individual units, noise levels from construction activity may continue to be of concern occasionally interfering with some activities of the building occupants. "Purchasers and/or tenants are advised that the proposed finished lot and/or block grading may not meet the Town s standard lot grading criteria in certain areas, to facilitate preservation of existing vegetation and to maintain existing adjacent topographical conditions. "Purchasers and/or tenants are advised that traffic calming measures may have been incorporated into the road allowances." "Purchasers and/or tenants are advised that mail delivery will be from a designated community mailbox, the location of which will be identified by the Owner prior to any home closings." "Purchasers and/or tenants are advised that any roads ending in a dead end or culde-sac may be extended in the future to facilitate development of adjacent lands, without further notice." Purchasers and/or tenants are advised that Industrial Parkway is classified as an Arterial Road and that increased traffic will result over time, with resulting noise which can occur at any time during the day or night. Purchasers and/or tenants are advised that the streets internal to the subdivision may be subject to future transit routes. Page 11 of 25

12 Purchasers and/or tenants are advised that the Municipality does not hold any deposits on account of grading requirements or damage to infrastructure on behalf of purchasers and/or tenants. The Municipality holds security from the Developer to enforce such obligations directly with the Developer and has no authority to release funds to purchasers and/or tenants. Purchasers and/or tenants are advised that CP, or its successors or assigns, have an operating Railway, which may expand its operations, and which may affect the living environment of the residents, and that the Railway and Town are not responsible for complaints or claims arising from its operations. Purchasers are advised that they are required to enter into a Site Plan Agreement with the Town to control the development of the Block, in keeping with the then current Town Guidelines for Site Plan Development. Purchasers are advised that lot level controls will be required on a Site Plan Control basis. Purchasers are advised that cash-in-lieu of the land value to the Town park purposes is required to be collected at the site plan approval stage, prior to individual building permits being issued. Purchasers are advised that a separate Acoustic Report will be required as part of a Site Plan Agreement with the Town, specific to their Block and use, including identifying any mitigation required to protect their Block from impacts or to protect sensitive receptors in the area from their activities. Depending on the timing of the development Blocks, interim noise control measures may be required. Purchasers are advised that should hour of operation restrictions be required as a result of the site specific Acoustic Report, the restrictions will be outlined in the individual Site Plan Agreements. Purchasers and/or tenants are advised that the Town has not imposed a "tree fee", or any other fee which may be charged as a condition of purchase, for the planting of trees. Any "tree fee" paid by a purchaser for boulevard trees does not guarantee that a tree will be planted on the boulevard adjacent to their commercial or industrial building. "Purchasers and/or tenants are advised that the stormwater management facility in the subdivision may be left in a naturally vegetated condition and receive minimal maintenance. Purchasers and/or tenants are advised that the individual development Blocks may contain easements in favour of the Town, which are subject to various obligations of the Block owner and/or tenant. Page 12 of 25

13 21. The Owner shall agree that all lots or blocks to be left vacant shall be graded, seeded, maintained and signed to prohibit dumping and trespassing. 22. Prior to final approval, easements required for utility, drainage and construction or other purposes shall be created and granted to the appropriate authority(ies), free of all charges and encumbrances. 23. The Owner shall agree in the subdivision agreement that construction access shall be provided in a location approved by the Town. 24. The Owner agrees that temporary cul-de-sac design details and features (i.e. curb, dead end barricade treatment and land dedication) are to be implemented to the Town s TNT.SD.112 for a 23.0 m industrial right-of-way. The additional right-of-way is to be shown on associated Engineering Drawings and conditional transfers to be done as part of the Subdivision Agreement process. 25. Final engineering design(s) may result in minor variations to the Plan (eg., in the configuration of road allowances and lotting, number of lots etc.), which may be reflected in the final plan to the satisfaction of the Town. 26. Prior to the initiation of grading, and prior to the registration of this draft plan of subdivision or any phase thereof, the Owner shall submit to the Town for review and approval, a detailed engineering report that describes the storm drainage system for the proposed development within this draft plan, which report shall include: a) plans illustrating how this drainage system will tie into surrounding drainage systems, and indicating whether it is part of an overall drainage scheme, how external flows will be accommodated, and the design capacity of the receiving system; b) location and description of all outlets and other facilities; c) storm water management techniques which may be required to control minor or major flows; d) proposed methods of controlling or minimizing erosion and siltation onsite and in downstream areas during and after construction; e) identification of release rates and special lot level controls for the individual Blocks to allow for their development in keeping with the overall stormwater management design for the Development. f) provide confirmation that access for maintenance, overland flow routes and the facility can be accommodated within the storm detention block and that the facility design shall meet the MOECC preferred criteria or applicable standards of the day, and the Town s Design Criteria, as may be updated from time to time; Page 13 of 25

14 g) identification of any applicable groundwater recharge and infiltration targets; h) the stormwater management facility is designed such that existing stormwater flows are not exceeded under post-development conditions, and that any exceedances will need to be addressed to the satisfaction of the Town; i) a lot grading plan which shall identify any special grading considerations within the development and will be required to meet the Town s Grading Criteria at the time of detailed design; and j) any other issues which are considered to be applicable by the Town. k) the final design of the stormwater management facility and applicable reports, including improvements to the outfall, through their lands shall be provided to the Downstream Land Owner, 90 days prior to the start of construction in order to identify any potential negative impacts; which impacts shall be resolved to the satisfaction of the Town. 27. The Owner agrees that a standalone stormwater management operations and maintenance manual is to be provided to the Town. 28. The Owner shall agree in the Subdivision Agreement to operate and maintain the Stormwater Management Facility in compliance with the approval until assumption of the facility by the Town, as well as to provide all records required under the approval to the Town upon request. 29. The Owner shall agree in the Subdivision Agreement to carry out, or cause to carry out, the recommendations set out in any and all of the aforementioned reports to the satisfaction of the Town and wherever required by the NVCA. 30. During the detailed design stage of the project, the Developer will be required to provide a water model to confirm that the watermain sizing and supply points are adequate to properly service the development, all to the satisfaction of the Town. The analysis it to identify any constraints on the existing and proposed watermain systems with respect to available flows and pressures during the various modelled scenarios. Where the Town s criteria is not able to be achieved within the development, the available flows are to be clearly identified on the plans and in the report. Where the development contains Blocks (industrial/commercial/institutional), the future purchasers will be required to design their facilities to suit the available flows, and an appropriate warning clause will be required to be registered on title. 31. That the Owner shall agree in the subdivision agreement: a) prepare and implement a Master Servicing Plan (MSP) report, to the satisfaction of, and at no cost to, the Town outlining the provision of services for water, sanitary, storm water, traffic and utilities, as outlined in paragraph a) of this condition, including off-site Page 14 of 25

15 impacts and financial impacts, as well as outline the proposed phasing and identify the works to be constructed as part of each phase, in a manner satisfactory to the Town; b) to carry out or cause to carry out all of the recommendations of the reports listed in paragraph b) of this condition and any infrastructure requirements or reports within the subject lands, at the sole cost of the owner and to the satisfaction of the Town; c) oversizing obligations for their development; d) oversizing considerations for future developments or outside considerations; e) to prepare, to the satisfaction of the Town in accordance with Engineering Design Criteria and Standards, detailed engineering designs that show the location of underground services and typical road sections incorporating utilities, boulevard trees and driveways. f) to implement or cause to be implemented the recommendations contained in a report entitled Geotechnical Investigation, prepared by Stantec, dated January 24, 2011, together with any required update, and such further revisions, including, building setback and measures to mitigate surface erosion and provide for siltation control during construction; g) to implement or cause to be implemented the recommendations contained in a report entitled Environmental Impact Study, prepared by Dillion Consulting, dated December 2010, together with any required update, and such further revisions, including mitigation measures for groundwater, stormwater management, slope and river erosion, site remediation, archaeology, and construction activities including slope protection. h) Provide a report to identify all required upgrades to the Industrial Parkway Sanitary Pumping Station along with the timelines and/or triggers for those upgrades corresponding to each Phase of the Development. i) Provide a report to identify the required upgrades to the external watermain on Industrial Parkway to service the development and the timing and/or triggers for those upgrades corresponding to each Phase of the Development. j) Prior to final approval of any portion of the Plan, all necessary water supply works and sewage pumping and disposal works will be under construction, financially secured, or be operational to the satisfaction of the Town and the required lands shall have been dedicated to the Town, free of all costs and encumbrances, all to the satisfaction of the Town. 32. The Owner shall agree in the subdivision agreement to: a) prepare an appropriate phasing plan for the development of the Plan lands to the satisfaction of the Town; and Page 15 of 25

16 b) demonstrate, prior to final approval, how the portion of the Plan proposed to be registered is consistent with the phasing plan as approved by the Town and how the financial impacts will be addressed. If the development is required to proceed in phases, all related matters pertaining to servicing, roads, stormwater management, parks and any other required works or infrastructure will be completed as part of Phase 1, or any subsequent phase, all to the satisfaction ad at no cost to the Town; 33. The Owner shall agree in the subdivision agreement that prior to final approval of the Plan, or any part thereof, Council for the Town shall have directed by By-law or resolution, that sewer and water servicing allocation has been provided for such portion of the Plan, if any, as Council deems appropriate. 34. The Owner shall agree in the subdivision agreement that the developer/owner is advised that draft approval does not in itself constitute a commitment by the Town to provide servicing access to the Town s water treatment or sewage treatment plants. Plans may proceed to registration provided there is sufficient plant capacity and capability to serve the development. Plant capacity may be allocated for new development on a priority basis at the time of payment of Development Charges in accordance with the Act. At all times the granting of service allocation and the acceptance of a Development Charge payment is conditional on the continued availability of service allocation and the ability of the Town to provide same. Should service allocations no longer be available to the Town to commit to this development, in whole or in part, through whatever circumstances, the Town may remove or adjust the quantity of service allocation to this development, up to the time of registration of the Plan, by advising the developer/owner and refunding the applicable Development Charges. 35. The Owner proposes to alter the direction of drainage through the development and shall satisfy the Town of New Tecumseth that the downstream landowners are advised and are in agreement with the conveyance of stormwater flows through their property from the proposed stormwater management facilities to the Nottawasaga River. The Owner shall obtain any necessary easements or on-title restrictions pertaining to the conveyance of stormwater flows through the private lands. This is to be addressed prior to the construction of any pond. 36. The Owner shall agree in the subdivision agreement that no building permits will be applied for nor issued until the Town is satisfied that adequate road access, municipal water supply, sanitary sewers, and storm drainage facilities are available to service the proposed development. Additionally, each individual Block will be subject to Site Plan Control and required to complete and enter into a Site Plan Agreement with the Town prior to the issuance of a building permit. 37. Prior to final approval, the Owner shall pay the proportionate share of the cost of any external municipal services, temporary and/or permanent built or proposed, that have been designed and oversized by others to accommodate the subject plan that are not included in the Town s Development Charge By-Law, all to the satisfaction of the Town. Page 16 of 25

17 38. Prior to any site alteration, the Owner shall agree in the earthworks, pre-servicing and/or subdivision agreement to retain a hydrogeologist to monitor the private wells and ground water conditions, including vulnerabilities related to the aquifers, during each phase of the draft plan, to assess any impact on the existing wells and/or aquifers in the area surrounding the draft Plan, where ground water conditions may be impacted by the development of the subdivision. The Owner shall agree to have a baseline of area wells established prior to the commencement of any works on site. Including at a minimum water elevation, quality and chemical analysis. The Owner shall submit reports prepared by such hydrogeologist, to the satisfaction of the Town, documenting the results of the monitoring program. The Owner shall upon notification from the Town, immediately provide potable water to any land owner whose private well or water system is adversely impacted, and to permanently rectify the problem, to the satisfaction of the Town. The potable water to be provided and any works to rectify the problem with the private well or water system will be at the sole cost of the owner. The Owner shall agree to have a baseline of area wells established prior to the commencement of any works on the site. 39. That the Owner shall, prior to any site alteration and further approvals (including earthworks, pre-servicing and/or subdivision agreements), submit and implement, to the satisfaction of the Town of New Tecumseth, a Tree Preservation Study that demonstrates how the provisions of the Town s Tree By-Law are being addressed including a tree inventory report identifying the location, type, size and quality of any trees within the Draft Plan and indicate on a lot grading plan those trees which can be preserved and the methods for protecting the same. Compensation shall be provided to the Town for the loss of any trees which cannot be preserved. 40. The Owner shall include Tree Protection plans as part of the detailed design and earthworks submission. The Tree Protection plans are to be prepared in accordance with the Tree Preservation Study and shall identify the preservation and protection of neighbouring trees that are located on the existing residential properties adjacent to the development lands. 41. The Owner shall agree in the Earthworks, Pre-Servicing and Subdivision Agreements that a qualified arborist/consultant will be on-site when any of the neighbouring trees may be affected by grading, etc. The Consultant shall oversee/undertake the sensitive pruning of any roots exposed by grading. If tree roots of neighbouring trees are likely to be affected, root pruning prior to excavation and grading is recommended. When pruning is undertaken, a Report shall be prepared by the Arborist documenting the before and after condition of affected roots and shall be submitted to the Town for review. 42. The Owner shall agree in the subdivision agreement to coordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities and the Town. 43. The Owner shall agree in the subdivision agreement that prior to final approval the Owner shall enter into an agreement with Alectra, or its successors, for the provision of electrical services. Page 17 of 25

18 44. The Owner shall agree in the subdivision agreement to provide cash-in-lieu of the land to the Town for park purposes. The Owner shall agree in the subdivision that the cash-in-lieu will be collected at site plan approval stage, prior to individual building permits being issued. 45. The Owner shall agree in the subdivision agreement not to store topsoil or any building materials, etc. on the lands being dedicated to the Town, such as open space, future rightof-ways, etc. 46. The Owner shall agree in the subdivision agreement to construct fencing in accordance with the following sections: a) A 1.5 metre high black vinyl chain link fence around the Stormwater Management block, and where the blocks abut agricultural lands, and open space lands (former railway lands). b) A 1.83 metre chain link fence adjacent to the Canadian Pacific Railway lands. c) A 1.8 metre high tight board privacy fence will be required along the common property lines of existing residential properties. The fence including footings shall be located entirely within the development lands; d) or as otherwise agreed to by the Town, as shown on the approved construction drawing, required by the Town. 47. That the Owner shall agree in the Subdivision Agreement to enter into a "Restrictive Covenant Agreement", with respect to the portions of the lands which have been identified in the accepted Stormwater Management Report as required for conveyance and storage in the accepted Stormwater Management Report and to register such Restrictive Covenant Agreement upon the title to such lands upon final registration of the Plan of Subdivision, to ensure the works and/or drainage features are not altered by the Block Owner. 48. That the Owner shall agree in the Subdivision Agreement to enter into a "Lot Maintenance Agreement", with respect to the portions of the lands which have been identified in the accepted Stormwater Management Report as required for conveyance and storage in the accepted Stormwater Management Report and to have such Agreement registered on the title to such lands upon final registration of the Plan of Subdivision, to ensure the works and/or drainage features are maintained by the Block Owner. 49. That prior to entering into agreements of purchase and sale, the owner shall complete a Master Servicing Plan (MSP) and/or Functional Servicing Report (FSR) for the entire community lands demonstrating the location of all public facilities and including a phasing plan demonstrating how the proposed development pattern shall be sequentially serviced. The FSR will need to be updated in support of any red line revisions to the Draft Plan of Subdivision. 50. That the Owner agree in the subdivision agreement to hours of construction, access locations as approved by the Town, and construction practices that minimize potential Page 18 of 25

19 impacts from dust, noise and vibration to the existing residences in the area, prior to the commencement of any works. 51. Prior to final approval, an environmental noise and/or vibration study, prepared by a qualified consultant, at the Owner s expense, shall be submitted to the Town for review and approval. The preparation of the noise/vibration report shall include the ultimate traffic volumes associated with the surrounding road network, according to the Ministry of Environment and Climate Change s (MOECC) Guidelines. The Owner shall agree in the subdivision agreement to carry out, or cause to carry out, the recommendations set out in the approved noise/vibration report, to the satisfaction of the Town. Additional lands if required shall be conveyed to the municipality free of all charge and encumbrances. The Owner shall agree to implement the necessary measures within the approved acoustical and vibration report. Warning clauses shall be included in all offers of purchase and sale or lease for all affected lots and blocks within the subdivision, to the satisfaction of the Town. 52. The Owner shall carry out an archaeological assessment of the subject property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found to the satisfaction of the and the Ministry of Tourism, Culture and Sport. No grading or other soil disturbances shall take place on the subject property prior to the Ministry of Tourism, Culture and Sport confirming that all archaeological resource concerns have met licensing and resource conservation requirements. COUNTY OF SIMCOE CONDITIONS 53. Prior to final approval, the Owner shall submit to the satisfaction of the Town of New Tecumseth and the County of Simcoe a copy of the proposed M-Plan which shows the following: a) A road widening across the frontage the lands abutting industrial Parkway such the distance from the centre line is approximately 20m to allow for a 40m right of way; b) 15m x 15m sight triangle blocks at each road that intersects industrial parkway; and c) 0.3m reserve blocks across the frontage of the property adjacent to the road widening and sight triangle blocks noted above. The road widening and sight triangle lands are to be dedicated to the municipality with jurisdiction over Industrial Parkway at the time of approval (i.e.: Town of New Tecumseth or the County of Simcoe) as a public roadway on the final plan, and transferred to the applicable municipality at no cost, free and clear of all charges and encumbrances. 54. At registration, the Owner shall transfer to the municipality with jurisdiction over Industrial Parkway at the time of approval at no cost, a fee simple, unencumbered interest in a 0.3m reserve across the frontage of the property adjacent to Industrial Parkway. 55. That prior to final approval, the Owner shall submit the following to the satisfaction of the County: Page 19 of 25

20 a) Detailed Stormwater Management Report; b) Detailed Stormwater Management Pond Landscaping Plan; c) Grading and Drainage Plan; d) Servicing Drawings; e) Traffic Impact Study; f) Road Improvement Drawings; and, g) Erosion and Sediment Control Plans. 56. Prior to final approval, the Owner shall enter into a legal agreement with the municipality with jurisdiction over Industrial Parkway whereby the Owner agrees to assume financial and other responsibility for the design and construction of all necessary improvements to Industrial Parkway as a result of this development. If the County of Simcoe does not have jurisdiction over Industrial Parkway prior to final approval, then such an agreement should be transferable to the County of Simcoe should Industrial Parkway fall under its jurisdiction. CANADA POST CONDITIONS 57. The owner/developer agrees to include on all offers a statement that advises the prospective tenant/owner that mail delivery will be from a designated Community Mailbox. 58. The owner/developer will be responsible for officially notifying the tenants/owners of the exact Community Mailbox locations prior to the closings. 59. The owner/developer will consult with Canada Post Corporation to determine suitable locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans. 60. The owner/developer will provide the following for each Community Mailbox site and include these requirements on appropriate servicing plans: an appropriately sized sidewalk section (concrete pad), as per municipal and Canada Post standards, to place the Community Mailboxes on ( a copy of the Standards will be provided upon Request) The developer further agrees to provide these cement pads during sidewalk pouring and will notify Canada Post of the locations as they are completed; any required walkway across the boulevard, as per municipal standards; any required curb depressions for wheelchair access 61. Multiple Blocks will have the appropriate Canada Post Delivery Policy applied as the required information becomes available and it is requested that information be provided to Canada Post by the Developer. Page 20 of 25

21 62. Canada Post Corporation's Multi Unit Policy will be in effect for any Multi Unit Buildings. It will be the Owner's responsibility to purchase and maintain Centralized Mail Boxes for this development type. Any institutions in this plan will be treated as a single business and will be provided mail delivery to 1 Point of Call. The Developer will be required to provide signature for a License to Occupy Land agreement for any Condominiums 63. The owner/developer further agrees to determine and provide and fit up a suitable temporary Community Mailbox location(s) which may be utilized by Canada Post until the permanent mailbox pads, curbs, sidewalks and final grading have been completed at the permanent CMB site locations (a gravel area with a single row of patio stones - spec to be provided). This is will enable Canada Post to provide mail service as soon as businesses are occupied. The developer further agrees to fit up the temporary area 30 to 60 days prior to the first occupancy and notify Canada Post of the first occupancies at this time. (The developer should provide evidence of how they intend to co-ordinate this activity in a timely manner to a safe and clean usable area) BELL CANADA CONDITIONS 64. 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 to provide communication/telecommunication service to 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 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 are available within the proposed development to enable, at a minimum, the effective delivery of communication /telecommunication services for emergency management services (i.e. 911 Emergency services). 65. The Owner shall agree in the subdivision agreement, in words satisfactory to Bell Canada, to grant Bell Canada any easements that may be required for telecommunications 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. ENBRIDGE 66. The Owner shall agree in the subdivision agreement to prepare a composite utility plan that allows for the safe installation of all utilities, including required separation between utilities. 67. The Owner shall agree in the subdivision agreement that streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities. 68. The Owner shall agree in the subdivision agreement to grade all streets to final elevation prior to the installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information for the installation of the gas lines. Page 21 of 25

22 69. The Owner shall agree in the subdivision that it is understood that the natural gas distribution system will be installed within the proposed road allowance. In the event that this is not possible, easements will be provided at no cost to Enbridge Gas Distribution Inc. ARCHAEOLOGICAL 70. That the Owner shall agree in the subdivision agreement to carry out an archaeological assessment of the subject property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found, to the satisfaction of the Ministry of Culture and the Town. No grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements. NVCA CONDITIONS 71. That prior to final approval, the following shall be prepared to the satisfaction of the Nottawasaga Valley Conservation Authority and the Town of New Tecumseth: A detailed Storm Water Management Report An Erosion Control Plan A detailed Grading Plan A detailed Landscape Plan for the Stormwater Management Pond. A Geotechnical Report 72. That the draft plan be subject to revisions in order to meet the requirements of Condition 59 including providing for a larger stormwater management pond block, if necessary. 73. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the NVCA, to ensure that proper erosion and sediment control measures will be in place prior to any site alteration. The Agreement must also contain a provision stating that all major storm water management facilities must be in place prior to the creation of impervious areas such as roads and buildings. 74. The owner shall agree in the Subdivision Agreement to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the NVCA. 75. That the NVCA is notified in writing through a copy of the passed zoning by-law including its text and schedule illustrating that the stormwater management pond facility on the final draft plan be placed in a satisfactory restrictive zoning category. Page 22 of 25