5. That the Owner shall agree that all development Blocks shown within the Draft Plan will be connected to full municipal services.

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2 Conditions Relating to Draft Plan of Subdivision Approval East Fonthill 26T (Draft Plan dated December 1, 2013, and revised August 28, 2014), the Town of Pelham 1. This approval applies to the Draft Plan of Subdivision prepared by Upper Canada Consultants, dated December 1, 2013 and revised August 28, 2014, depicting a total of 20 Blocks. 2. Unless otherwise stated, all conditions listed below shall be addressed to the satisfaction of the Town and at no cost to the Town of Pelham, sometimes referred to by these Conditions as the "Town" or "municipality". 3. That the owner shall enter into, and register on title to the lands of the Draft Plan, a Subdivision Agreement with the Town of Pelham, to the satisfaction of the Town. 4. That Stage 2 of the Draft Plan of Subdivision, comprising of Blocks 1, 4, 6, 7, 13, 17, 18, 19, and Wellspring Way south of Street C intersection, shall not be registered until the Owner submits authorization from all impacted landowners, and obtains approval from the Town and Niagara Peninsula Conservation Authority to develop necessary Stormwater Management facilities, roadways and creek re-alignment to the satisfaction of the Director of Community Planning & Development. 5. That the Owner shall agree that all development Blocks shown within the Draft Plan will be connected to full municipal services. 6. That the Owner shall agree to satisfy all requirements, financial and otherwise, of the Town of Pelham and Hydro One/or Niagara Peninsula Energy Inc., including those related to the following matters: a) Municipal services. b) Lot grading. c) Drainage. d) Stormwater management in accordance with current Provincial guidelines, and low impact Stormwater management development practices including stringent control of storm discharge from the development including spill containment. e) Curbs and sidewalks on both sides of municipal roads in accordance with the requirements of the Town. f) An electrical design from a consulting engineer to be provided to Hydro One/or Niagara Peninsula Energy Inc. for review and approval. g) Control of dust during construction. h) Payment of applicable Development Charges. i) Notification of purchasers of the applicable development charges. j) The responsibility to decommission any wells or septic systems in accordance with current Provincial guidelines. k) The implementation of infiltration practices in the overall Stormwater Management scheme to maintain the existing groundwater regime and to protect groundwater dependent natural features. l) Burying underground of hydro service, hydro transmission lines, and all other utilities along Regional Road #20 (Hwy #20) to the satisfaction of the Town.

3 7. That the owner acknowledges upon signing the Subdivision Agreement to pay all relevant development Charges in force at the time of issuance of building permits. 8. 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. 9. That if final approval is not given to this plan within three (3) years of the draft plan approval date, and no extensions have been granted, draft approval will lapse. If the owner wishes to request an extension to the draft plan approval period, a written explanation with reasons why the extension is required must be received by the Town at least thirty (30) calendar days prior to the lapsing date. Roads 10. The Owner shall prepare an on-street parking plan for the approval of the Director of Public Works & Utilities. 11. That the Owner shall agree that all road allowances shown on the Draft Plan will be designed in accordance with the requirements of the Town of Pelham, including the ability to accommodate different modes of transportation, and will be dedicated as public highways and named to the satisfaction of the Director of Public Works & Utilities. 12. That the owner provide detailed engineering design drawings for the roads, sidewalks, way finding signage, and street lighting facilities required to service the subject lands to the Town for review and approval, all to the satisfaction of the Town. 13. That the owner provide a detailed streetscape plan in accordance with the Urban Design Guidelines to the satisfaction of the Town. 14. That prior to Final Approval the Owner shall agree to complete for review and approval of the Town of Pelham, a Traffic Impact Study which will include, but not be limited to, the evaluation of any impacts of the Draft Plan on Regional Road #20 (Hwy #20), Rice Road as well as any local Road connections deemed necessary by the Town, including the need for widening, turning lanes and traffic signalization, to the satisfaction of the Director of Public Works & Utilities and Niagara Region. 15. That prior to Final Approval, the Owner shall agree to implement all necessary road improvements as a result of the Traffic Impact Study to the satisfaction of the Director of Public Works & Utilities and Niagara Region. 16. That prior to Final Approval, the Owner shall agree to provide, at the Owner's expense, appropriate pedestrian access to Regional Road #20 (Why #20) from Street Wellspring Way at a location to be approved by the Director of Public Works & Utilities and Niagara Region That prior to submission of the final Plan, the Owner shall agree to identify all required road widening blocks and dedicate them on the final plan as public highway, and be responsible for constructing and implementing all necessary traffic improvements in accordance with the recommendations of the municipally and Regionally approved Traffic Impact Study and current requirements of the Town of Pelham, to the satisfaction of the Director of Public Works & Utilities and Niagara Region..

4 18. That the Owner shall agree to construct all roads, supply and install all street signs, Way finding signs, complete pavement markings and all related road infrastructure to the satisfaction of the Director of Public Works & Utilities and Niagara Region That prior to submission of the Final Plan, the Owner shall agree to identify all required 0.3m reserves and daylight triangles on the Final Plan, and shall agree to convey these in fee simple, free of encumbrance and at no cost to the municipality. Note: daylight triangles are not conveyed separately but are shown on the final plan as part of the public right of way. 20. Prior to registration of plan or any portion of the plan, the Owner shall enter into an agreement with the Town, for the burying of hydro service, hydro transmission lines, and all other utilities along Regional Road #20 (Hwy #20) to the satisfaction of the Town, and at no cost to the Town. 21. That the owner agrees to provide decorative street lighting to the satisfaction of the Town. Servicing 22. The Owner shall agree to prepare, and submit for the approval of the Director of Public Works & Utilities, an Engineering Site Servicing Plan showing all proposed grading and servicing. In addition, the Owner shall agree to pay for any servicing improvements offsite necessitated to service the subject lands, including the upgrading of all (if any) undersized conveyance infrastructure. 23. That the owner grant or convey to the Town, to the satisfaction of the Town, any easements required for servicing the subdivision. 24. That prior to final approval and registration of this plan, the owner shall obtain a Ministry of the Environment, Environmental Compliance Approval under the transfer of Review Program to the satisfaction of the Director of Public Works and Utilities, and Regional Public Works Department, for the required servicing of the subdivision. Stormwater Management 25. That the owner dedicates to the Town, Block 5 and Block 6 for stormwater management purposes to the satisfaction of the Town. 26. That the Developer provide an updated stormwater management plan to the satisfaction of the Niagara Peninsula Conservation Authority for review and approval. 27. That the Developer provide written confirmation from the Region of Niagara that Regional Road 54 (Rice Road) can be overtopped during the 100 year storm event. 28. That the Developer submit detailed grading, storm servicing, stormwater management, channel design, landscape, and construction sediment control plans to the Niagara Peninsula Conservation Authority for review and approval.

5 29. The Owner shall agree that prior to municipal approval of any stormwater discharge to the proposed stormwater management ponds, confirmation is required to the satisfaction of the Director of Public Works & Utilities, and the Niagara Peninsula Conservation Authority, that the said pond has been constructed in accordance with the approved design with respect to grade, size and storage volumes, and that all structures and pond areas will operate and functioning as designed with respect to draw down time and treatment quality. 30. 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 Director of Public Works & Utilities, and the Niagara Peninsula Conservation Authority, and provided to the municipality prior to final assumption of pond for maintenance purposes by the municipality. In addition, a monitoring program is to be established in consultation with the Niagara Peninsula Conservation Authority, and administered until full build-out has occurred within the proposed development, all to the satisfaction of the Director of Public Works & Utilities. 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. 31. That the Developer submit a Planting Plan for the natural channel design to the satisfaction of the Niagara Peninsula Conservation Authority for review and approval. 32. That the Developer obtain a Permit from the Niagara Peninsula Conservation Authority for the watercourse relocation prior to the commencement of any construction related to the relocation of the watercourse. In relocating the watercourse, the Developer shall satisfy the Niagara Peninsula Conservation Authority of the following: a. The entire channel from the northwest corner of the subject lands to the outlet at Rice Road shall be realigned at the same time in advance of the development of the southern lands. b. In the area of Street C, adjacent to the channel, the road and curb shall be graded such that the runoff flows into a storm sewer directed towards the stormwater management pond so that there is no direct runoff from the street into the channel. c. In Block 1, the slopes and upland areas shall be appropriately planted to provide an effective vegetated buffer (proposed planting shall be shown on a Planting Plan. d. The stormwater management facility in Block 6 shall be suitably bermed from the channel with an appropriate channel outlet.

6 e. Block 18 adjacent to the channel shall be appropriately planted to provide an effective vegetated buffer. Fencing along the top of bank shall be required to limit access to this area. f. The balance of the channel to be relocated to the Rice Road outlet, south of the proposed development area shall be constructed as designed in order to maintain continuity and stability in the channel. Planting the riparian buffer after the channel construction is completed is required in order for the vegetation to establish. g. Grading of the subject lands shall not, to the extent possible, result in the alteration of existing surface water flows to the watercourse as relocated to Block That the Developer provide 1.5 metre high permanent black chain link fencing along the boundary between Block 7 and Blocks 1 and 6, to the satisfaction of the Niagara Peninsula Conservation Authority and the Director of Community Planning & Development. 34. That the Developer place signage along the perimeter of Block 7 which states that the watercourse is a Significant Natural Area, and the cutting of vegetation within Block 7 is prohibited, to the satisfaction of the Niagara Peninsula Conservation Authority. 35. That the Developer install filter fabric and paige wire fencing along the development limits adjacent to Block 7 prior to site alteration, and said filter fabric and fencing shall be maintained during the development process and all silt fencing removed when development work is completed and exposed soils are stabilized. 36. No clearing of vegetation shall occur between May 01 and July 31 of any year, to protect migratory nesting birds. Any proposed clearing of vegetation including trees, shrubs and grasses within these dates or where birds may be suspected of nesting outside of these dates, an ecologist shall undertake detailed daily nest searches immediately prior to site alteration to ensure no active nests are present. 37. That conditions 25 to 36 above be implemented in the Subdivision Agreement between the Town of Pelham and the Developer, to the satisfaction of the Niagara Peninsula Conservation Authority. Grading 38. The Owner shall prepare and submit detailed Block grading and drainage plans. 39. Prior to any grading or construction on the site and prior to any registration of the plan or part of the plan, the Owner shall submit an erosion and sedimentation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction, to the satisfaction of the Director of Public Works & Utilities, Niagara Region, and the Niagara Peninsula Conservation Authority.

7 Parkland and Landscaping 40. The Owner and the Town acknowledge and agree that the parkland dedication for the Draft Plan of Subdivision, in accordance with Section 51.1 and 51.3 of the Planning Act, R.S.O shall be Block 10 and Block 18 as shown on the plan. Total parkland contribution (including said Blocks 10 & 18) shall be calculated by the applicant, and submitted for review by the Town, to the satisfaction of the Town. Any overpayment or underpayment will be resolved through cash payment or refund or other manner acceptable to the Town. 41. The Owner shall be responsible for boulevard tree planting to the satisfaction of the Town, at no cost to the Town. Other 42. That prior to Final Approval, the Owner shall agree to provide certification by an Ontario Land Surveyor confirming that the proposed Blocks are in conformity with the provisions and requirements of the Town of Pelham Zoning By-law #1136(1987), as amended, or its successor. 43. That prior to Final Approval of this Plan, the Director of Community Planning & 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. 44. That the Owner agrees to include in all Offers of Purchase, Sale or Lease related to property within the Plan of Subdivision clauses informing future purchasers and tenants of the following: a) No alteration of the drainage plan for the property or surrounding properties is permitted without the express written approval of the Town of Pelham; 45. That the owner provide three (3) copies of the pre-registration plan to the Town s Community Planning & Development Department and a letter stating how all conditions imposed have been or are being fulfilled to the satisfaction of the Director of Community Planning & Development. 46. That the owner submit a Solicitor s Certificate of Ownership for the subdivision to the Town s solicitor, prior to the preparation of the Subdivision Agreement. Niagara Region 47. That the owner provide a Letter of Credit, or an acceptable alternative, and enter into a legal agreement with the Niagara Region for the water and wastewater portion of the Regional Development Charges within 12 months of draft plan approval for the subdivision, unless evidence of a complete Ministry of the Environment servicing application has been received by the Niagara Region Planning and Development Services Department within this time. 48. That prior to final approval for registration of this plan, the owner shall submit the design drawings (with calculations) for the sanitary and storm drainage systems required to service this development and obtain Environmental Compliance Approval from the

8 Ministry of the Environment under the Transfer of Review Program to the satisfaction of the Niagara Region Planning and Development Services Department. 49. That the owner obtain, through an application by the Town, approval from the Niagara Region for any connections to the Region s trunk sanitary sewer within Regional Road 54 (Rice Road) and/or Regional Road 20 (Highway 20). 50. That the owner receive approval for a Transportation Impact Study to the satisfaction of the Niagara Region Planning and Development Department. 51. That the owner receive approval for the detailed design of road improvements to the satisfaction of the Niagara Region Planning and Development Department. 52. That the owner is responsible for developing intersection designs for new connections to Regional Road #20 (Hwy #20) and Regional Road 54 (Rice Road) which are acceptable to the Niagara Region and promote safe and efficient operations at the intersections and along these corridors. 53. That the owner receive approval of the cross-sections and active transportation plan along Regional Road #20 (Hwy #20) and Regional Road 54 (Rice Road) to the satisfaction of the Town and Niagara Region. 54. That the owner enters into a legal agreement with Niagara Region to implement and pay for all required road works (such as intersection improvements, turning lanes, signalization and street lighting) for this development. 55. That the owner dedicates a 3 metre road widening to the Niagara Region along Regional Road 54 (Rice Road) abutting the subdivision, and also the road widening shown as Block 9 on the subdivision plan along Regional Road #20 (Hwy #20), to the satisfaction of the Niagara Region Planning and Development Services Department. 56. That the owner dedicates minimum 4.5 metre daylighting triangles to the Niagara Region at the intersections of Regional Road #20 (Hwy #20) and Regional Road 54 (Rice Road) to the satisfaction of the Niagara Region Planning and Development Services Department. Additional daylighting property may be required to support street lighting and traffic control equipment as identified in the detailed design. 57. That the owner dedicates 0.3 metre reserves to the Niagara Region along Regional Road #20 (Hwy #20) and Regional Road 54 (Rice Road) abutting the subdivision (including the hypotenuse of daylighting triangles) to the satisfaction of the Niagara Region Planning and Development Services Department. 58. That prior to any construction taking place within the Regional road allowances, the owner shall obtain Regional Construction Encroachment and/or Entrance Permits. 59. That the subdivision agreement between the owner and the Town contain a provision whereby the owner agrees to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of the development. 60. That the owner submit the required archaeological assessments (for the east portion of the subdivision land) prepared by a licensed archaeologist to the Ministry of Tourism, Culture

9 and Sport for review and approval with a copy provided to the Niagara Region Planning and Development Services Department and that adverse impacts to any significant archaeological resources found on the site be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry of Tourism, Culture and Sport, through the Niagara Region Planning and Development Services Department, confirming that all archaeological resource concerns have met licensing and resource conservation requirements. 61. That the subdivision agreement between the owner and the Town contain the following clause: Should deeply buried archaeological remains/resources be found on the property during construction activities, the Heritage Operations Unit of the Ontario Ministry of Tourism, Culture and Sport (London: ) and [owner s archaeology consultant] shall be notified immediately. In the event that human remains are encountered during construction, the owner should immediately notify the police or coroner, the Registrar of Cemeteries of the Ministry of Small Business and Consumer Services (Toronto: ), the Ministry of Tourism, Culture and Sport and [owner s archaeology consultant]. 62. That the following warning clause shall be included in the subdivision agreement and inserted in all Offers and Agreements of Purchase and Sale for lands zoned for residential use abutting Regional Road #20 (Hwy #20) and Regional Road 54 (Rice Road): The submission of traffic noise impact studies to the Region and the implementation of such study recommendations will be required at the site plan stage for all developments that contain residential units and are located abutting regional roads. 63. That the following warning clause shall be included in the subdivision agreement and inserted in all Offers and Agreements of Purchase and Sale/Lease for each dwelling unit: The lands in the plan of subdivision may be exposed to noise, odour and dust from nearby agricultural operations and agricultural-related traffic that may occasionally interfere with some activities of the owners who may occupy these lands. 64. Prior to granting final plan approval, the Town of Pelham must be in receipt of written confirmation that the requirements of each condition have been met and that all fees have been paid to the satisfaction of the Niagara Region. 65. Prior to final approval for registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Niagara Region Planning and Development Services Department for verification that the appropriate clauses pertaining to any of these conditions have been included. Note: The Planning and Development Services Department recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revisions prior to execution.

10 External Agencies 66. That the owner enter into separate agreements with the appropriate utility companies to provide electrical distribution, cable TV distribution, natural gas and telephone service to each development Block within the subdivision, and grant any easements to the utility companies as determined necessary by the utility companies to provide utility service to each development Block within the subdivision. 67. That the Owner shall agree to provide Enbridge Gas with all necessary easements and/or agreements required by Enbridge Gas for the provision of gas services. 68. That the Owner shall agree to the satisfaction of Bell Canada the following: 69. The Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements. 70. Bell Canada requires one or more conduit or conduits of sufficient size from each unit to the room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the telecommunication facilities are located to the street line. 71. 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 residential 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 Town of Pelham Director of Community Planning & Development, 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 Town of Pelham and Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans; maps are to be

11 prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations 72. Prior to final approval, the Town must be advised in writing by Niagara Region how conditions 14 to 18, 39, and 47 to 65, inclusive, have been satisfied. 73. Prior to final approval, the Town must be advised, in writing, by the Niagara Peninsula Conservation Authority how Conditions 25 to 37, inclusive, have been satisfied. 74. Prior to final approval, the Town must be advised in writing, by the Ministry of Tourism, Culture, and Sport, how Condition 60 has been satisfied. 75. Prior to final approval, the Town must be advised, in writing, by Enbridge Gas, how Condition 67 has been satisfied. 76. Prior to final approval, the Town must be advised, in writing, by Bell Canada, how Condition 69 and 70 have been satisfied. 77. Prior to final approval, the Town must be advised, in writing, by Canada Post, how Condition 70 has been satisfied. 78. Prior to final approval the Town must be advised in writing, by the Owner, how Conditions 1 to 76, inclusive, have been satisfied.