PBD-2019-19 April 9, 2019

REPORT TO: Mayor James M. Diodati and Members of Municipal Council

SUBMITTED BY: Planning, Building & Development

SUBJECT: PBD-2019-19 AM-2017-020 & 26T-11-2017-004 Beaver Valley Corridor Draft Plan of Subdivision and Zoning By-law Amendment Application Former Highway 420 Extension Corridor and 5140 Kalar Road Applicant: Centennial Developments (Niagara) and Centennial Construction and Contracting (Niagara) Inc. (Domenic Dilalla) Agent: Upper Canada Consulting (William Heikoop)

RECOMMENDATION

1. That the Beaver Valley Corridor Plan of Subdivision be draft approved subject to the conditions in Appendix A.

2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged.

3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council.

4. That the application to amend the Zoning By-law be approved as detailed in this report.

5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor.

EXECUTIVE SUMMARY

Domenic Dilalla has applied to subdivide 6.1 hectares of land located on the east side of Kalar Road between Citation Road, Ascot Circle, and Brookside Drive into 86 lots for detached dwellings, and blocks for road widening, reserves and stormwater management. The applicant has also submitted an application to amend Zoning By-law No. 79-200 to establish appropriate land use regulations for the development of the land to be subdivided. Planning staff recommends the applications for the following reasons:

 The proposal complies with Provincial and Regional policies as the proposal represents an efficient use of urban serviced land and existing infrastructure and will also aid the City in meeting its 40% intensification targets for the Built-Up Area;

2 PBD-2019-19 April 9, 2019

 The lands are designated Residential in the City’s Official Plan. The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households;

 The Official Plan encourages the development of vacant land and under-utilized parcels;

 The requested zoning will provide appropriate regulations for the development and will ensure its compatibility with the established neighbourhood;

 The existing and planned infrastructure can support the proposed development;

 The proposed development will assist in providing housing choices and will contribute to the City’s required short-term housing supply.

The conditions of draft plan approval, which address servicing, parkland dedication, fencing, utility installation, and all other matters related to the development of the subdivision, are listed in Appendix A. BACKGROUND

Proposal

Domenic Dilalla has applied to subdivide 6.1 hectares of land located on the east side of Kalar Road between Citation Road, Ascot Circle, and Brookside Drive (Schedule 1) into 86 lots for detached dwellings, and blocks for road widening, reserves and stormwater management. Refer to Schedule 2 for details.

The applicant has also submitted an application to amend Zoning By-law No. 79-200 to establish appropriate land use regulations for the development of the land to be subdivided. The land is currently zoned Development Holding (DH), in part, and Institutional (I), in part, in accordance with Zoning By-law No. 79-200. The applicant is requesting a site specific Residential IE Density (R1E) zone for the lots and an Environmental Protection Area (EPA) for the block to be used for stormwater management.

Site Conditions Surrounding Land Uses

The majority of land proposed to be subdivided was previously owned by Ministry of Transportation (MTO) for an extension of the 420 Highway. The balance of land was formerly the site of The Dwelling Place church.

The lands are currently vacant. A railway corridor abuts the lands to the east. Lands to the north and south contain detached dwellings. Lands to the west are primarily used for agricultural purposes. An auto recycling yard and a nursery are also located west of subject land.

Circulation Comments 3 PBD-2019-19 April 9, 2019

 Regional Municipality of Niagara

- The land is located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The PPS directs growth to settlement areas and encourages an efficient use of land, resources, infrastructure, and public service facilities that are planned or available. The proposal meets the intent of the Provincial policy through the introduction of additional dwellings in the neighbourhood. The proposed development will also aid the City in meeting the 40% intensification target for the Built-up Area.

- The Provincial Policy Statement (PPS) and the Regional Official Plan (ROP) requires protection of significant cultural heritage and archaeological resources. An Archaeological Assessment (Stage 1-2), prepared by Detritus Consulting Ltd. (dated October 23, 2017) was submitted with the applications. The report indicates the Stage 2 assessment did not identify any archaeological resources. A condition for an archaeological warning clause is included in Appendix A.

- A Phase One Environmental Site Assessment and Phase Two Environmental Site Assessment (ESA), both prepared by Landtek Limited Consulting Engineers (dated August 14, 2017 and August 24, 2017, respectively), were submitted with the applications. The Assessment states that there is no evidence of significant environmental concern or residual impact on the site. In accordance with O. Reg. 153/04 and 511/09, a Record of Site Condition (RSC) must be filed on the Ministry of Environment and Climate Change’s (MOECC) Brownfields Environmental Site Registry prior to any change in land use to a more sensitive use (i.e. community to residential). As of the date of this letter, no RSC had been filed on the Registry. Therefore, a condition is included in the Appendix A to require that the RSC be filed and acknowledged by the MOECC.

• An Environmental Noise Assessment, prepared by Valcoustics Canada Ltd. (dated September 15, 2017), was submitted with the applications. The study found that future sound levels will exceed MOECC guideline limits for certain lots within the proposed development. The sound barrier requirements should be verified once the grading plan is available. Further, a qualified acoustical consultant will be required to certify that the required noise control measures have been incorporated into the Building Permit plans, prior to issuance of a Building Permit. Prior to issuance of an Occupancy Permit or the equivalent, it is recommended that a qualified acoustical consultant also certify that the approved noise control measures have been properly installed. Conditions to require implementation of the aforementioned requirements are included in Appendix A.

 CN Railway

4 PBD-2019-19 April 9, 2019

- No objections, subject to the conditions included in Appendix A.

 Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas, Bell Canada, and Canada Post

- No objections, subject to the conditions included in Appendix A.

Neighbourhood Open House

Neighbourhood open houses were held on January 10, 2018 and March 8, 2018 and were attended by 23 and 13 residents, respectively, the developer, a representative of the developer and City staff.

Open House, January 10, 2018

The residents voiced concerns regarding the design of the proposed subdivision. The plan shared with the residents eliminated the cul-de-sac at the end of Brookside Drive.

- The residents felt the proposed development was not compatible with the existing homes and would result in additional traffic on Brookside Drive.

- Residents opposed the elimination of the cul-de-sac. They mentioned that they had paid a premium price to buy homes on the cul-de-sac and they felt elimination of the cul-de-sac would lower the value of their homes and would also make the street unsafe for their children.

- Some residents were concerned with the loss of green space they had enjoyed for so many years.

- Residents were concerned regarding the additional traffic that would be generated by the proposed development. They mentioned the existing railway crossing and the “All Way Stop” sign at the intersection of Kalar Road and Beaverdams Road causes delays in the morning and evening peak hours and with the additional traffic, they specified that the condition would worsen.

- The residents also raised existing drainage problems and recurring basement flooding in the area.

- Some residents felt that the additional homes would create more pressure on the two municipal parks in the area. In their opinion the new development should have a new park for the future residents.

- The residents wanted the number of lots to be reduced.

The residents rejected the plan submitted by the developer. Staff agreed to review the residents concerns with the developer and organize a second open house. 5 PBD-2019-19 April 9, 2019

Open House, March 8, 2018

Staff organized a second open house and shared three different subdivision designs with the area residents.

- The majority of the residents accepted the subdivision design which is consistent with the Plan shown as Schedule 2.

- The applicant prepared a Traffic Impact Study which was submitted to the City’s Transportation Services for review.

- Staff reported that the City’s Park and Design Division confirmed that the proposed development would not create a need for a new park and that the existing parks could accommodate the future residents.

- Staff confirmed that the City Municipal Works Division was reviewing the capacity of the existing stormwater management pond and the option to enlarge the pond to resolve the existing issue.

ANALYSIS/RATIONALE

1. Provincial Policy Statement and Growth Plan

The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification within urban areas to help meet intensification targets. The subject lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The subject lands are currently underutilized. The proposed development is a form of residential intensification promoted by the Province and will aid the City in achieving 40% intensification target within the Built-Up Area.

2. Official Plan

The subject lands are designated Residential in the City’s Official Plan. The Plan contains a hierarchy of density guidelines for different types of residential development. The Plan allows the development of a variety of housing types, including detached and semi-detached dwellings, street townhouses, block townhouses and other compatible housing forms up to a maximum density of 40 units per hectare (16.19 units per acres) with a minimum density of 20 units per hectare (8 units per acre) along local and collector roads. The density of the project is 19.27 units per hectare (7.8 units per acre) which meets the intent of the Official Plan. The proposed detached housing is compatible with other low density housing in the area. The subdivision provides a direct connection to Kalar Road which is an arterial road, intended to carry higher traffic volumes and provides access to other parts of the City. The proposed subdivision will assist the City in meeting future housing needs in this district. As such, the development is considered to be in compliance with the Official Plan. 6 PBD-2019-19 April 9, 2019

3. Zoning By-law Amendment

The subject land is zoned Development Holding (DH), in part, and Institutional (I), in part, in accordance with Zoning By-law No. 79-200. The applicant is requesting the zoning be changed to a site specific Residential IE Density (R1E) zone, in part, (Lots 1-86), and Environmental Protection Area (EPA), in part, (Block 87).

A rear yard setback of 30 metres is proposed for Lots 83 -86 (inclusive) as the lots abut a railway ROW. The proposed setback from the railway ROW is consistent with the requirements of CN Rail.

The applicant is also proposing to enlarge the existing stormwater management pond. The land that will be added to the existing pond (Block 87) will be placed under an EPA zone.

4. Subdivision Design and Conditions of Approval

The proposed subdivision contains lots for detached dwellings, a block for a pedestrian walkway and a block for stormwater management pond. The subdivision provides 86 lots for detached dwellings. The proposed lots are accessed via a new local road directly off Kalar Road which will provide a second exit/entrance to Beaver Valley Subdivision to address concerns of the Fire Department and allows the watermain to be looped. A long cul-de-sac street from Ascot Circle provides access to some lots with emergency access to Beaverton Boulevard. Houses on this street must be sprinklered. Some lots will also be accessed from Brookside Drive and Citation Road.

Parkland dedication will be taken for this subdivision as cash-in-lieu in accordance with the Planning Act. A pedestrian walkway (Block 91) will provide a connection to the Ascot Woods neighbourhood to the north to allow children to reach Cardinal Newman School.

The balance of the conditions in Appendix A are standard conditions of draft plan approval and include the dedication of necessary road widenings and daylight triangles, installation of municipal services, provision of utilities to the subdivision and the naming of streets to the satisfaction of the City. FINANCIAL IMPLICATIONS

The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY’S STRATEGIC COMMITMENT

The proposed development supports the Vibrant and Well Planned City Strategic Priority. 7 PBD-2019-19 April 9, 2019

LIST OF ATTACHMENTS

 Schedule 1 – Location Map  Schedule 2 – Subdivision Plan  Appendix A – Conditions for Draft Plan Approval

Recommended by: Alex Herlovitch, Director of Planning, Building & Development

Respectfully submitted: Ken Todd, Chief Administrative Officer

A.Dilwaria:mb Attach.

S:\PDR\2019\PBD-2019-019, AM-2017-020 & 26T-11-2017-004, Beaver Valley Extension.docx

8 PBD-2019-19 April 9, 2019

SCHEDULE 1

9 PBD-2019-19 April 9, 2019

SCHEDULE 2

10 PBD-2019-19 April 9, 2019

APPENDIX A

Conditions for Draft Plan Approval

1. Approval applies to the Beaver Valley Corridor Draft Plan of Subdivision prepared by Upper Canada Consultants Inc., dated March 8, 2019, showing 86 lots for detached dwellings, a block for stormwater management, a block for a pedestrian walkway and a block for road widening.

2. The developer enters into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the subject lands. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions.

3. The developer submits a Solicitor’s Certificate of Ownership for the subdivision lands to the City Solicitor prior to the preparation of the Subdivision Agreement.

4. The developer receives final approval of the Zoning By-law amendment to provide land use regulations for the development of the subdivision.

5. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law.

6. The developer provide four copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled.

7. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following:

(a) roadways and sidewalks to municipal requirements and the proposed road allowances be dedicated as public highways;

(b) a 4.94 metre road widening along the Kalar Road frontage of the subject lands;

(c) dedication of daylight triangles measuring 7 metres by 7 metres at the intersection of Kalar Road and Street A;

(d) dedication of 5 metres by 5 metres daylighting triangle on the inside of road bends;

(e) speeds hump/cushions on Street A between lots 3 and 4, between lots 17 and 18 and on Brookside Drive between lots 56 and 57;

11 PBD-2019-19 April 9, 2019

(f) construction of a walkway on Block 91 to municipal standards connecting the west end of Citation Drive with the west end of Brookside Drive.

(g) replacing the concrete curb and gutter on both sides of Citation Road from Lot 23 to Lot 46 (inclusive);

(h) replacement of concrete curb and gutter on both sides of Brookside Drive from Lot 47 to Lot 65 (inclusive);

(i) final restoration within Citation Road and Brookside Drive will include full width milling to top lift asphalt and resurfacing with hot mix asphalt for the length impacted by the proposed development works, in accordance with City standards;

a. Traffic calming within existing roadways shall be included in the restoration detailed drawing in accordance with City’s Transportation Division.

(j) the length of Street B through the municipally owned Block 41 (59M241), connecting to Ascot Circle shall be constructed in accordance with City’s Urban Local Road Section (20 metre width) and at developer’s expense;

(k) construction of roadways to Municipal standards and include line painting;

(l) dedication of proposed road allowances, Street A and Street B as public highway;

(m) construction of a permanent emergency access road between the north limit of Beaverton Boulevard and Street B complete with curb and gutter to facilitate overland flows for major wet weather events (as proposed by Stormwater Management Plan report) and surfaced with hot mix asphalt, all to the City’s satisfaction;

Note: The emergency access shall be gated (bollard and chain) and signed to the City’s satisfaction;

(n) construction of a 1.5 metre wide concrete sidewalk on the north side of Brookside Drive from Lot 65 westerly and along Street A up to the street intersection with Kalar Road. Connecting links with White Dove Parkway, Windsong Drive, and the west leg of Brookside Drive must be included;

(o) construction a 1.5 metre wide concrete sidewalk on the east and south side of Street B to provide connectivity between Ascot Circle and emergency access to Beaverton Boulevard;

(p) replacement of all existing sidewalk damaged by construction related to the proposed development at the Developer’s cost to match the existing; 12 PBD-2019-19 April 9, 2019

(q) submission of a Traffic Report to the satisfaction of City’s Transportation Services;

(r) placement of tactile warning plate be added to the existing sidewalks at the access to the proposed development including:

i. Kalar Road – each side of Street A ii. Ascot Circle - each side of Street B iii. Brookside Drive west end - south side sidewalk to proposed sidewalk on the north side iv. Windsong Drive and Brookside Drive intersection – each side v. White Dove Parkway and Brookside Drive intersection - each side

(s) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Ministry of the Environment and Climate Change (MOECC) Guidelines and City Standards;

(t) testing of the watermains shall be completed in the presence of a Certified Water Operator using the City’s Watermain Commissioning Checklist;

(u) submission of the hydrant coverage drawing to ensure adequate fire protection;

(v) weeping tiles be connected to the storm sewer system via sump pumps and all rainwater leaders outlet to grade and be directed to the front/rear yards;

(w) application of the City’s Lot Grading and Drainage Policy in accordance with the City Standards;

(x) the street lighting shall be designed in accordance with the City’s specification (as amended April 2016);

(y) the developer shall prepare s street lighting drawing and photometric plan to demonstrate compliance with City’s standards; and

(z) connection of water services to municipal watermain are to be live tapped by the City of Niagara Falls Environmental Services Division

8. The developer submits a Geotechnical Report prepared by a qualified geotechnical engineering consultant that will detail the existing soil condition to the satisfaction of Municipal Works. The report shall identify any underground infrastructure installation constraints that may be encountered during construction and provide necessary information with respect to handling and disposal of excess excavation material.

9. The developer shall submit a Functional Servicing Report signed by a professional engineer licensed to practice in the Province of Ontario demonstrating that the existing watermains and sanitary sewers are sufficient to service all phases of 13 PBD-2019-19 April 9, 2019

development. Where flow and/or pressures are unknown, testing shall be conducted in coordination with the City of Niagara Falls Environmental Services Division and at the developer’s expense.

10. Eliminating dead-end watermains shall be a priority:

(a) The proposed watermain in Street A will connect to both the watermain on Brookside Drive and Kalar Road;

(b) The proposed watermain in Street B will connect to 1) the existing 200mm diameter watermain in Ascot Circle and 2) either connect to the Brookside Drive watermain or loop through to the existing watermain on Ascot Circle. Looping watermain shall be serviced by cross-linked polyethylene pressure pipe.

11. The developer shall revise the Stormwater Management Plan report to reflect Draft Plan of Subdivision dated March 8, 2019, signed by a professional engineer licensed to practice in the Province of Ontario, confirming that the existing storm sewers are sufficient to service all phases of the development;

12. The developer shall dedicate the property identified by the City’s engineering consultant for the expansion/retrofit of the existing stormwater management pond.

13. An overland flow route shall be designed within the right-of-way for major storm events and constructed in accordance with MECP Guidelines and City standards.

(a) Roadway grades within the external 16.32 hectare drainage area (Ascot Woods) must be included to demonstrate the technical feasibility of the overland flow route.

(b) Design details must be provided to support the connectivity between the external drainage area (Ascot Woods) and the proposed development.

14. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement (86 single lots) as per the City’s Development Charges By- law No. 2014-87

15. The developer grants the City and public utility companies any easements required to service the subdivision.

16. The developer submits the digital data and contract documents in accordance with the City CAD standards, and itemized in accordance with the City Schedule of Quantities and Unit Prices format.

17. The developer pays the required fees for Engineering Inspection and Administration for the subdivision. 14 PBD-2019-19 April 9, 2019

18. The developer accommodate the provision of one boulevard tree per lot and two boulevard trees per corner lot and pay to the City $350 per tree for this provision, in accordance with City policy.

19. The developer submits a landscape plan showing landscaping, fencing to the satisfaction of Parks Design.

20. The developer pays the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser.

21. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on one side of the road where the asphalt width is less than 8 m or on one side of the road. The subdivision agreement is to specify the supply and installation of no parking signage is to be at the cost of the developer.

22. The developer submits servicing plans to Municipal Works and Fire Services for review. Such plans are to include road widths and curb radii. Note that the Municipal Works Department is responsible for final approval of said servicing plans.

23. That adequate water supply for the firefighting purposes shall be immediately available and accessible with sufficient volume and /or flow to facilitate firefighting operations prior to the construction of buildings.

24. The developer shall install an automatic sprinkler system in all residential units on Street B, due to lack of a secondary emergency access.

25. 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 available. In the event that such infrastructure is not available, the developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for the above noted connection, the developer shall be required to demonstrate to the satisfaction of the municipality that sufficient alternative communication/telecommunication facilities will be provided to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (i.e. 911 Emergency Services).

26. The developer agrees in the Subdivision Agreement, in words satisfactory to Canada Post, to grant to Canada Post any easements that may be required for the installation of CMBs on private property.

27. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a CMB. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. 15 PBD-2019-19 April 9, 2019

28. The developer satisfy all requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings.

29. The developer contact Enbridge Gas Distribution’s Customer Connections Department by emailing [email protected] for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. NOTE: If a gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant.

30. The developer grades all streets to final elevation prior to the installation of the gas lines and provides Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines.

31. The developer provides Enbridge Gas Distribution with the necessary easements in the event they are required to service the development.

32. The developer enter into a development agreement with CN railway to address all their requirements of development which shall include but not be limited to construction and certification of the crash wall, warning clauses and drainage, all to the satisfaction of CN Railway.

33. The developer obtains an NPCA work permit for any work proposed within the watercourse on the subject lands, prior to any development or site alteration.

34. That the Ministry of Tourism, Culture and Sport’s acceptance letter for the Stage 1-2 Archaeological Assessment be submitted to the Niagara Region. NOTE: No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the MTCS confirming that all archaeological resource concerns have been mitigated and meet licensing and resource conservation requirements.

35. That the following clause be included in the subdivision agreement:

Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately, notify the Archaeology Programs Unit of the Ontario Ministry of Tourism, Culture and Sport (MTCS) (416-212-8886) and a licensed archaeologist [owner’s archaeology consultant] is required to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists.

16 PBD-2019-19 April 9, 2019

In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services in Toronto (416-326-8800) must be contacted. In situations where human remains are associated with archaeological resources, MTCS should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act

36. That the owner file a Record of Site Condition (RSC) on the Ministry of the Environment and Climate Change’s (MOECC) Brownfields Environmental Site Registry, in accordance with Ontario Regulation 153/04 as amended by Ontario Regulation 511/09, and that the owner provide a copy of the MOECC’s acknowledgement of the filing of the RSC to the Niagara Region.

37. That the owner submits confirmation from a qualified acoustical consultant that the sound barrier requirements outlined in the Environmental Noise Assessment, prepared by Valcoustics Canada Ltd. (dated September 15, 2017) are adequate based on the grading plan.

38. That the subdivision agreement include clause(s) requiring the owner to implement the recommendations of the Environmental Noise Assessment, prepared by Valcoustics Canada Ltd. (dated September 15, 2017), to the satisfaction of Niagara Region.

NOTE: Prior to issuance of building permits and occupancy permits, the building inspector or a Professional Engineer qualified to perform acoustical engineering services in the Province of Ontario should certify that the noise control measures have been properly incorporated, installed and constructed. Clauses will be required in the subdivision agreement to this effect.

39. That the owner submits confirmation from CNR that any vibration concerns have been addressed to their satisfaction.

40. That the following clause be included in the subdivision agreement:

“These lands are in proximity to lands designated for agricultural uses. The lands may be subject to noise, odour, and/or dust from nearby agricultural operations, which may interfere with some activities of the dwelling occupants.”

41. That the owner promptly acknowledges that draft approval does not include a commitment of servicing allocation by the Niagara Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes and any pre-servicing will be at the sole risk/responsibility of the developer.

42. That the owner promptly provide the Niagara Region with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to 17 PBD-2019-19 April 9, 2019

registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the owner and the City.

43. That prior to approval of the final plan or any on-site grading, the owner shall submit a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the MOECC documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to the Niagara Peninsula Conservation Authority for review and approval, with a copy provided to the Niagara Region:

i. Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and ii. Detailed erosion and sedimentation control plans.

NOTE: The Niagara Region may request the Niagara Peninsula Conservation Authority review the detailed lot grading and drainage plan as well as the detailed sediment and erosion control plan on the Region’s behalf and to submit comments to the Niagara Region regarding the approval of these plans and the subsequent clearance of related conditions by the Region. Please also note that NPCA’s fee for review of stormwater management plans is in addition to the Region’s final clearance fee.

44. That the plan complies with the Niagara Region’s Waste Collection Policy. Note: for any development phasing, the owner shall create appropriate temporary waste collection turnaround(s) at the end of each dead end street(s), to permit Regional waste collection or confirm that waste collection will be the owner’s responsibility.

45. That the subdivision agreement between the owner and the City of Niagara Falls 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.

Notes

Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region.

Prior to final approval for registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. 18 PBD-2019-19 April 9, 2019

NOTE: The Niagara Region recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revision prior to execution.

46. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft subdivision agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls.

Clearance of Conditions

Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied:

Legal Services for Conditions - 2 and 3 Planning and Development Services for Conditions - 4 to 6 (inclusive) Transportation Services for Condition - 7 Municipal Works for Conditions - 7 to 18 (inclusive) Landscape Architect for Conditions - 19 and 20 Fire Services for Conditions - 21 to 24 (inclusive) Bell Canada for Condition - 25 Canada Post for Conditions - 26 to 28 (inclusive) Enbridge Gas Distribution Inc. for Conditions - 29 to 31 (inclusive) CN Railway - 32 Niagara Peninsula Conservation Authority - 33 Regional Municipality of Niagara for Conditions - 34 to 46 (inclusive)