THE CORPORATION OF THE THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA
BY-LAW NO. 2002-43
n A BY-LAW TO AMENT TOWNSHIP OF LINDSAY BY-LAW 1286, AS AMENIED, BEING THE ZONING BY-LAW FOR THE FORMER TOWNSHIP OF LINDSAY, NOW IN THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA.
THE COUNCIL OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA, PURSUANT TO SECTION 34 OF THE PLANNING ACT, R.S.O. 1990 ENACTS AS FOLLOWS:
1) That Schedule ‘A’ to the Township of Lindsay By-Law 1286, as amended, is hereby further
amended by changing therein the zoning designation of Lots 1 , 2 and 3 , Concession 9 WBR
and Lots 1 , 2, 3, 4 and 5, Concession 8 WBR, in the former Township of Lindsay, from “(PD)” Planned Development to “(R2-u)” Cottage Residential with holding provisions, “(R2-t)” Cottage Residential with special provisions, “(R6-H)” Low Density Multiple Family Residential with holding provisions, “(OSl-a)”General Open Space with special provisions, and “(OS 1- b)”General Open Space with special provisions, as shown on the Schedule ‘A’ attached hereto.
2) Section 13.4, Special Provisions for the R2-Cottage Residential zone, are hereby amended by adding the following subsection:
R2-u zone
All uses and provisions of By-law 1286, pertaining to lands zoned as R2-Cottage Residential, shall apply to the subject lands shown as R2-u, with the following exception:
i) Lot frontage — 30.5 m (100 ft)
3) Section 13.4, Special Provisions for the R2-Cottage Residential zone, are hereby amended by adding the following subsection:
R2-t zone
i) Buildings, structures and site alteration shall be prohibited.
4) Section 16, Provisions for the Residential Zone 6 (Low Density Mulitple Family
Residential — R6), shall be amended to include the following subsection:
16.3 Special Provisions
C 16.3.1 R6-H
All uses of By-law 1286, pertaining to lands zoned as R6-Low Density Multiple Family Residential, shall apply to the subject lands shown as R6-H.
The “H”, Holding symbol shall be removed only when the following provision has been satisfied:
a) The developer shall enter into a site plan control agreement with the Municipality.
5) Section 27.3, Special Provisions for the OS 1-General Open Space zone, are hereby amended by adding the following subsection:
OS1-a zone
All uses of By-law 1286, pertaining to lands zoned as OS1-General Open Space, shall apply to the subject lands shown as OS1-a, with the following prohibited uses:
i) Golf courses Curling and skating arena
Z- 18-2000.66 N1 ______
Agricultural use Municipal boat launching and docking
6) Section 27.3, Special Provisions for the OS 1-General Open Space zone, are hereby amended by adding the following subsection:
C OS1-b zone
All uses of By-law 1286, pertaining to lands zoned as OS1-General Open Space, shall apply to the subject lands shown as OS1-b, with the following additional uses:
i) Boat launching and docking Accessory parking Existing cottage residences Public uses Private club
ii) Expansions, enlargements or alterations of existing cottage residences shall be in accordance with the provisions for the R2-Cottage Residential zone, with the following exception:
iii) Expansions, enlargements or alterations shall be limited to 25% of the total habitable area for each cottage residence existing on the date of passage of this by-law.
7) This By-law shall come into force and effect on the final passing thereof by the Council of the Municipality of Northern Bruce Peninsula, subject to compliance with the provisions of the Planning Act, R.S.O. 1990, as amended.
READ A FWST & SECOND TE THIY OF 2002.
MOVED BY
SECONDED BY
READ A THIRD TIME & FINALLY PASSED
C MOVED BY
SECONDED BY MAYOR
z- 18-2000.66 SCHEDULE ‘A’ Lots 1,2, & 3, Concession 9 WBR, Part ofLots 1,2,3,4 & 5, Concession 8 WBR, of Northern Bruce Peninsula(former Township of
PD
U,: Lake Huron C -JI
.. . CON8
. . fl WEST • • I
Simon Point
PD
0
PD
METRES (fl
LANDS SUBJECT TO APPLICATION
LANDS TO BE ZONED ‘R2—u’, COTTAGE RESIDENTIAL,HOLDING (AREA 1)
LANDS TO BE ZONED ‘R2—t’, COTTAGE RESIDENTIAL,SPECIAL (AREA 2) LANDS TO BE ZONED ‘R6—H’, LOW DENSITY MULTIPLE FAMILY RESIDENTIAL,HOLDING (AREA 3)
LANDS TO BE ZONED ‘OSl—a’,GENERAL OPEN SPACE,SPECIAL (AREA 4) LANDS TO BE ZONED ‘OSl—b’,GENERAL OPEN SPACE,SPECIAL (AREA 5)
LIMITS OF PROPOSED PLAN OF SUBDIVISION
THIS IS SCHEDULE ‘A’ TO THE COMPREHENSIVE ZONING BY—LAW NO ü4 PASSED TH1S
t; cuJ D©
, I
FILE: Z— 18—2000.66 APPLICANT: John Kesso DATE: June, 2002 ISSUE DATE: RECEIVED APR 1 4 2003 Apr. 9, 2003 DECISION/ORDER NO: 0459 Ontario Municipal Board Commission des affaires municipales de l’Ontario
Darlene n Upton and Kent Prior have appealed to the Ontario Municipal Board under subsection ‘- 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning Bylaw 2002-43 of the Municipality of Northern Bruce Peninsula 0MB File No.R02021 I
Darlene Upton and Kent Prior have appealed to the Ontario Municipal Board under subsection 51(39) ofthe Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the County of Bruce to approve a proposed plan of subdivision on lands composed of Part of Lots I , 2, 3, Concession 8 W.B.R., and Part of Lots I , 2, 3, Concession 9 W.B.R., in the former Township of Lindsay, now in the Municipality . of Northern Bruce Peninsula (File No. 41-T-2000-I) 0MB File No. S020063
APPEARANCES:
Parties Agent
Darlene Upton, Kent Prior and the Kent Prior Eastern Massasuaga Rattlesnake Recovery Team
County of Bruce Chris LaForest
Municipality of North Bruce Peninsula Cathy Smyth
Greenough Harbour Corporation John Keeso Paul Britton
MEMORANDUM OF ORAL DECISION FROM A TELEPHONE CONFERENCE CALL HELD APRIL 3, 2003 DELIVERED BY J. de P. SEABORN AND ORDER OF THE BOARD
The purpose of the telephone conference call was to receive evidence and submissions from the parties with respect to a settlement reached with respect to an appeal of a Zoning By-law and a decision of the County of Bruce to approve a Site Plan n in connection with a residential development proposal. PL020934
Based on the Affidavit evidence of Chris LaForest, a qualified land use planner with the County of Bruce, and the submissions of the appellants, the Municipality of North Bruce Peninsula, and the applicant/developer, the Board finds that the proposed Site Plan referred to the Board for approval represents good planning. The Board’s decision is to approve the Site Plan which is subject to, and in accordance with, the conditions and agreement of the parties set out in Attachment “1 “, which includes Exhibits I , 2 and 3 filed in support of the approval sought.
The Board will allow the appeal in part, and orders that pursuant to subsection 51(56.1) of the Planning Act (Act), the County of Bruce shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51 (58) of the Act. In the event there are any difficulties implementing any of the conditions of draft plan approval, or if any substantive changes are required to be made to the draft plan, the Board may be spoken to. In all other respects the appeal is dismissed.
In accordance with the minutes of settlement found in Attachment “1”, the Board confirms that the appeal under subsection 34(19) of the Act is withdrawn by the appellants, Upton and Prior. The Board will proceed to close its file in connection with the zoning bylaw matter.
So Orders the Board. cj J. de P. SEABORN VICE CHAIR
0 0 d; Attachment”1” PL020934 . pglof2l
I, Chris LaForest, Director ofPlanning & Economic Development for the County of Bruce, MAKE OATH AND SAY:
1. The Minutes ofSettlement were considered at the County ofBrucc Agriculture, Tourism & Planning Committee meeting on February 20, 2003.
0 2. The County ofBruce Agriculture, Tourism & Planning Conmiittee adopted the . resolution as stated in the minutes from said meeting attached as Appendix I to this affidavit.
3. It is• my professional planning opinion that the Minutes of Settlement have regard for the Provincial Policy Statement, conform to the policies ofthe County of Bruce . Official Plan, represent good planning, and are in the public interest and is outlined in . Appendix II to this affidavit.
4. It is my recommendation that the Plan of Subdivision and Zoning By-law should be approved. .
. Chris LaForest Director ofPlanning & Economic Development County of Bruce
. DECLARED BEFORE ME AT THE TOWN OF SOUTH BRUCE PENiNSULA , IN THEDOUNTY OF BRUCE, THIS 3 DAY OF 7aAA , 2003.
A COMMISSIONER, ET SHARON DARLENE WRIGHT, a Commisslcner, et . County of Bruce, forthe Corporation oftim
County of Bruce. d Expires Sopternbar2nd,2QO’ C Attachment “1” PL020934 Appendixi pg2of2l
2.5 41T-2OO1O1 (John Keeso) — Minutes of Settlement
The Director advised that a Plan of Subdivision was submitted by Joim Keeso to the County for Draft Approval. The Plan was to create a 78 lot residential subdivision with some passive open space areas. The subdivision was approved by ATP subject to certain conditions. The Subdivision (and Implementing Zoning By-Law) was appealed by two members of the ‘Eastern Massassauga Rattlesnake Recovery (EMR) team”. Since that time Minutes of Settlement have been brought forward and reviewed by the Department who find that the Minutes have adequately met the requirements ofthe PPS and the County Official Plan. The proposed resolution below shall be sent to the 0MB, who shall resolve the appeal via telephone conference.
Moved by Mr. Mark Kraemer Seconded by Mr. Reavie
We recoin-mend: 1) That we adopt the proposed modifications to the draft conditions ofapproval as outlined in the Minutes of Settlement; 2) That we recommend to the Ontario Municipal Board that the proposed modifications to the draft conditions ofapproval as outlined in the Minutes of Settlement be approved; and, 3) That we request that Final Approval for the Plan of Subdivision be delegated to the County of Bruce. Carried.
2.6 Final Approval of a Draft approved Plan of Condominium — County Contracting of Wheatley Inc. do Lawrence Beckett, former Town of Kincardine, Municipality of Kincardine
Mr. LaForest advised that on March 21 , 2002, the Agriculture Tourism and Planning Committee (County of Bruce) granted an exemption to Draft Plan of Condominium to File No. 41CD-200l-02 in respect to land in the Town of Kincardine.
This application requested an exemption to the requirements of Draft Plan Approval for an existing 49 unit row house development. The applicant proposes a change from rental residential units to condominiums.
In granting the exemption, the Committee required confirmation from the Municipality of Kincardine indicating:
i) support for the proposal; and ii) that the area is designated under site plan control as set out under ss.41(3) of the Planning Act and that a site plan control agreement be registered with the Municipality of Kincardine.
Mr. Laforest reported that since that time, the applicant has entered into an agreement with the Municipality of Kincardine and is now requesting Final Approval of the condominium.
This proposal has been reviewed by the Planning Department and by the Municipality of Kincardine. There were no comments or concerns raised by the Municipality. ‘ . Attachment “1” h’LU2U34 pg3of2l AppendiX2 . ,‘.S •
Histry of Application & Appeal AP1an of Subdivision was submitted by John Keeso to the County for draft approval. The Plan was to create a 78 lot residential subdivision with some passive open space areas. The subdivision was approved by the Agriculture, Tourism and Planning Committee subject to certain conditions. The subdivision (and implementing zoning by-law) was appealed by two members of the Eastern Massassauga Rattlesnake Recovery (EMR) Team. The reasons for appealing were the following:
suggestion that movement 1 . The appellants fundamentally disagree with the corridors do not constitute a significant portion of the habitat for rattlesnakes; 2. That the development and use of roads would negatively impact significant portions of
rattlesnake; and - •- — the habitat ofthe 3. That the overall development of 78 lots would result in further degradation to the rattlesnake habitat.
A number of meetings were held, between the EMR Team, the applicant and the County to attempt to resolve the issues. Discussions resulted in the attached Minutes of Settlement. The Minutes of Settlement modified several of the, or added, conditions of approval. The modifications to the original conditions relate to the following:
. The total number of lots will be reduced by about 20%. Lot 1 is to be reconfigured to allow for more treed canopy to be retained. . Any development on the area designated for boat launching and private club shall be subject to site plan control and subject to review by the MNR. . Roads are to be developed to modified road standards and approved the Municipality and the MNR. are to be . Several additional environmental reports, plans and actions submitted to the satisfaction ofthe Municipality and the MNR. . An environ-mental stewardship guide shall be prepared by the applicant and approved by the MNR. . Monitoring ofthe movement ofrattlesnakes is to take place.
I, Chris LaForest, have reviewed the Minutes of Settlement with regard to the PPS and the County Official Plan and offer the following comments
Provincial lnteç Under Section 3 of the Planning Act, the County must “have regard for” matters of provincial interest as set out in the Provincial Policy Statements (PPS). Via correspondence with the Provincial ministries and other considerations, the following are the relevant sections of the PPS and our Department’s comments:
2.3. 1 Natural heritage features and areas will be protected from incompatible development.
a) Development and site alteration will not be permitted in: . significantportions ofthe habitat of endangered and threatened species. b) Developmefltandsite alteration may be permitted in:
. significant wildlife habitat; Attachment “1” PL020934 pg4of2l
If it has been demonstrated that there will be no negatIve impacts on the natural fatures or the ecological functions for which the area is identified.
COMMENT No development is proposed within significant wetlands. The developer has been working with the Eastern Massassauga Rattlesnake Recovery ream to address this species impact. Further policy exists in the County Plan to address the Rattlesnake habitat.
2.3.2 Development and site alteration may be permitted on adjacent lands to a) and b) ffft has Jeen demonstrated that there will be no negative impacts on the natural features or on the ecological functiczns for which the area is identified. . ..
COMMENT: The Minutes of Settlement address impacts on Rattlesnake habitat.
and 3. 1.3 . . .[DJevelopmeflt site alteratiOn may be permitted in hazardous lands and hazardous sites, provided that all ofthe following can be achieved: a) the hazards can be safely addressed, and the development and site alteration is carried out in with accordance established standards and procedures; ..
b) • new hazards are not created and existing hazards are not aggravated;
environmental : • . c) no adverse impacts will result; . d) vehicles andpeople have a way ofsafely entering and exiting the area during tirries offlooding, erosion emergencies; and other . .
COMMENT: The minutes ofsettlement have regard to this matter.
The application was also reviewed under Section 5 1(24) of the Planning Act, ‘cvhich lists the criteria to be considered for an application for land division.
COMMENT: No additional matters ofprovincial interest apply which have not, or will not have, been addressed in other sections of this report.
The • application was also reviewed under Section 5 1(24) of the Planning A Ct, which lists the criteria to be considered for an application for land division.
Summary: It is my opinion that the conditions, as modified by the Minutes of Settlement, have had regard to the Provincial Policy Statement.
Bruce County Official Plan The lands proposed for subdivision at Greenough Harbour are designated as ‘Shoreline Development Area’ in the Bruce County Official Plan. The following are the relevant policies and requirements from the plan:
5.3 SHORELINE DEVELOPMENT AREA
The designation of land as Shoreline Development Area is no assurance that any given land is suitable for development. New developments proposed within the designation shall be reviewed using a cautionary approach. with attention being given in particular to the impacts of new developments on the natural environment.. . New development proposals within the Shoreline Development Area s hall be assessed on their individual merits and should site conditions be unable to support sound, planned development, new proposals may be refused.
Objectives Attachment “1 “ PL020934 pg5of2l
, 1) promOte the existing function ofthe Shoreline Area as the principal area of tfre County for tourism
and recreation, while providing for limited permanent residential developmert. . 2) increase and improve the amount of public access to waterways;
3) to protectthe natural environment of the shoreline including the fish habitat; end, .. 4) to ensure that new development is compatible with existing land uses.
Permitted Uses .
Permitted uses in the Shoreline Development Area shall include seasonal residential iwellings, permanent residences, public parks and open space uses, resort related commercial uses (e.g. lcdges, marinas and small scale convenience uses) home occupations, bed and breakfast establishments and space extensive recreational USD5.
. COMMENT: The application has not changed as a result ofthe Minutes ofSettlernent. The . uses are still permitted.
5.3.4 Development Policies • . .
Development within the Shoreline Development Area shall only proceed when a complete and . • •.. evaluation of a proposed development proposal and their location with comprehensive respect to Hazard ..
Land Areas or features has taken place. Depending upon the scale and intensity of r’ew.development . . proposals, plans and/or studies may be required in order to determine the suitability of the development.
subdivisions, The development of condominiums, resorts and large scale marinas may require the • • preparation of the following studies Settlement/Servicing Capacity, Hydrogeologic Assessment, Natural Areas Protection and Enhancement, Storm Water Management, and Fisheries Management . . . Where
. . indicate that there will be social and economic these studies detrimental environment, impacts or that • development IS not compatible with existing land uses, development.proposals will be. required to be:. modified or may not be approved.
(ii) Habitable building and sewage disposal systems shall be appropriately set back from the water’s edge and all vegetation within the setback shall be left substantially undisturbed. The setback distance shall be determined through consideration of the studies required by In 5.3.4 (i) of the Plan. no case shall a setback be less than 30 metres except for an existing lot-of-record, where a lesser setback may be considered with the approval of the appropriate approving authorities.
(ii) New development shall be designed to minimize the visual impact of buildings and structures on shoreline areas. New development shall be designed so that height, bulk, density and massing of built form does not have an unacceptable impact upon the view towards or from the waterfront. As a general rule, built form should be compatible with surrounding uses and be limited to 3 storeys in height. Visual impact considerations shall include the impact of shoreline alterations and increased boat traffic through such matters as buffers, screening, vegetation retention plans, siting of
facilities, site plan control and other measures under the Planning Act. •
COMMENT: The minutes of settlement would support this policy.
5.3.5 Shoreline Residential: Subdivision Policies
Seasonal and year round residential development shall take place primarily by registered plan of subdivision in accordance with Section 4.6.5 and 6.5.1 . Clustered residential development may also proceed by
registered plan of condominium, in accordance with Section 4.6.5 and 6.5.1 . . .
In addition to Section 4.6.5 and 6.5.1 , all new plans of subdivision and condominium shall be designed to accommodate year round occupancy. it is therefore the intent of this Plan to ensure that new subdivisions and condominiums can be provided with the full range of services prior to development proceeding. Such services include year round road maintenance, school busing, garbage pick up and recycling facilities. The availability of other Community services must also be taken into consideration. Attachment “1 “ PL020934 pg6of2l
a) It is the intent of this Plan that major new residential development in the Shoreline Development shall be provided with Areacommunal municipal or communal water and sewer servicirig. However, where or municipal water and sewer servicing is not economically feasible, and where phySiograPhic conditions can accommodate private servicing, plans of subdi’vision may proceed on private water and septic services.
b) when servicing is proposed by way of private sewage and private water systems for individual lots, the gross density of development shall not exceed 2 units per gross hectare.
c) When servicing is proposed by way of one or more communal services, gross density shall not exceed 5 units per gross hectare.
d) When waterfront lots are created within a proposed plan of subdivision, provision shall be made for adequate, üsable, water access for back lot development.
e) As a prerequisite for back lot development, the developer shall be required to provide adequate access to the waterfrçnt for back lot residents. This shall involve the dedication of improved public waterfront lands by the developer to be used as public open space. Adequate waterfront access refers to an area or areas that may have boat launching facilities, rest area facilities, parking facilities and swimming facilities. Alternately, adequate waterfront lands may consist of open space or natural areas suitable for passive recreation. In some circumstances, waterfront access may already exist in the area of the development. In these cases, the municipality may require a cash- in-lieu payment, with monies to be used for the improvement of existing waterfront park facilities.
0 In designing wateiiront open space areas within a plan of subdivision, consideration shall be given to other waterfront open space areas in the vicinity and, the provision of pedestrian, bicycle and vehicular linkages to these areas.
g) All services required as a result of the development of residential lots shall be constructed to municipal standards.
COMMENT: The modified proposal (as a result of Settlement) meets the requirements of this policy.
DESIGNATION COMMENT: The proposal meets the overall objectives ofthe Shoreline Development Area.
6.5.1 Subdivision and Condominium Approvals and Agreements, and Multi-Unit Developments
In considering any new major development proposal, the applicant will be required to determine to the satisfaction of the Local Council the impact of the new major development proposal on the municipal servicing system.
6.5.1 .2 County Council shall approve only those plans of subdivision which:
i) complY with the provisions of this Plan and the applicable local Municipal Official Plan where one existS and ii) can be supplied with adequate services, in accordance with the policies of this Plan. iii) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience and welfare of the present and future inhabitants of the municipality and to, (a) the effect of development of the proposed subdivision on matters of Provincial interest; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the Official Plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; Attachment “1 “ PL020934 pg7of2l
(0 the dimensions and shapes ofthe proposed lots; (g) the restrictions or proposed restrictions; if any, on the land proposec1 to be subdivided or the buildings and structures proposed to be erected on it and the rstrictions, if any, on
adjoining land; . .
. (.h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; U) the adequacy of school sites; • . (k) the rea of land, if any, within the proposed subdivision that, exclu ive of highways, is to be conveyed or dedicated for public purposes; and (m) the physical layout of the plan having regard to energy consrvation.
COMMENT: The Conditions ofApproval, as modified, meet the requirements ofthis policy.
4.3.8 Threatened and Endangered Species’ . . . Council that developmentexcept for infrastructure permitted by the . . .lt is the policy of County Provincial Policy Statement shall not be permitted within significant portions of the habitat of threatened or enda rigered species.
It is the policy of County Council that development and site alteration may be permitted on adjacentlands only if it has been demonstrated through an EIS, carried out by the proponent1that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. . .
Adjacent lands are those lands within 50 metres of an identified area. .
Development proposals may be considered on adjacent lands without amendment to this Plan, in accordance with the abutting land use designation if supported by a site specific ElS indicating how the above policies have been met.
It is the policy of County Council that significant habitat of threatened and endangered species bedesigñated in local Official Plans where they exist, and that policies be included to preclude new development within such areas.
It is the policy of CountY Council that significant portions of habitat of threatened and endangered species shall be zoned in the local Municipal Zoning By-law to preclude new development within such areas.
COMMENT: The EMR Team is satisfied that the impacts to the Rattlesnake can be mitigated . through the modified conditions of approval
Summary & Recommendation The Minutes of Settlement have adequately met the requirements of the PPS and the County
Official Plan. I recommend the following: . .
1. That the Ontario Municipal Board approve the proposed modifications to the draft conditions of approval as âutlined in the minutes of settlement; and 2. That the Ontario Municipal Board delegate final approval ofthe Plan of Subdivision to the County of Bruce. wII It LIj 1Q.w-,rI11 I IIii
. ——------— Attachment “1” PL021J934
I ‘ pg8of2l
MINUTES OF SETTLEMENT Amendrg Zoriiri By1aw 200243 Objectori5 to Subdivision 41T-ZOO11 and Part Lots 1 2 arid 3 Concesog 9 WBR Pan: Lots 1 2 and Concession 8 WBR and of Bruce MLinicpa1ity of Northern Bruce Penthsula, County
2002.43 are Prior to SubdMs’Ion 41T40O11 and By4aw The objections of Dar’ene Upton and Kent resotved 5 fottows:
revised by reducir the totat number of singLe cottage Ios I ) The draft pLan of subdMsion 15 to be reduction wftt inctude the reconfiguration of (75 Lots) by pproximatcly 20 percent. The unit to the Charmari complex. The draft proposed Lot I to enhzince the treed canopy cde adjacent to be retotted accordingLy. pibar) of subdivscon is
included to read as fottows: 2) An additionaL draft approval condition will be wf ArEi 5 on Schedule 4 y-1aw 2OO243 “(1) Any development within the lQnds identified c 41 of rh P(criring Aa. The will be subject to site plan cpprova( pursuonr to 5ecron with the Ministry of NGCUrG( Municipality of Northern 8ruce Pe5n1o shfl consulr Resources, prior to final sire plan approval.”
3) Draft Approval Condition 2 shaLt be revised to reed s foLlows:
o’eve(cped to modified rood ‘Thct the road allowances nc1uded Th thLc drofr p1n shaLl be as public” stQndrds with the roods ro be showr on the find plab end dedicotea’
as follows: 4) Draft ApprovaL Condition 17 is o be revised to read
to reg5strrion of the plr. the-5er - “PrIor to c2ny rodlng or coftcrruction cr3 the site cindprior professionI conwItant to the shot! submit rhe fol(awing pl&is and ri’ports prepcred by a Notural Resources: satisfaction of the Mun5cipatity and the Ministiy of
the meors whereby erosion wilL be vr(O) An erosion and siltotion cortroI ptcn indIcting ro be disturbed cs a result of minimized nd silt mdintined on site for those areas antroI mc’osi.ires shall be roding arid construction and further, erosion ond silwrion relevant to each dscurbed rnoiit&ned thrr.n.ihout oti phose ofgrdin and construction . area.
‘I Mar-14-UU U4pm trom— Attacflment1? ‘LUU.S4 - . pg9of2l
Cres ônd underst cry species arid shall (b) A ncti.irQt hcthtat rerent!r, plamthQt incfLides the and the locotion of open space identffy dve1opmerZ envelopes for eçch residential icr cirnenitieS impact of developmerc on game species, “(C) A wildlife mcnc3ement plan to ossess the C) predators ndprovincicIIi rare, rhreQtcned and ‘n&ingered species cfplonrs, mammals, reptiles, crnphibians, and birds.”
5) That CondWori 1 8 e revised to re,d s folLows: rcommei,dotionsfor ‘7hor the subdMslon agreement hi1l ccnroin provisions o carry ut the required by the completion of the works in accordance wirh the approved plans and reports Conser voticn Autharicy and Condicion 17 LO the satisfaction of the Munkipatiry3 zhe Grey Sauble the Ministry of Natural Resources.
6) That Conditon 1 9 be revised o read as follows:
‘7hqC Ue subdivision arcemei,t bet’r.een the OvflCP and Che MunkipclirysbDll COfl rain provisiorJs to maintain all srcrrn’water management and erosion and sc’dimenrztion conrro( structurè.c operating and in goadrepoir rhrouh aliphoses ofconstrucrion relevcnt to each diturbed ares, the of Natural fri manner satisfactory to the Ministry of the Environment and i,iiaisciy Resources.”
7) That Draft ApprovaL Condition .20 be revised to read s follows:
by ‘Thot prior to any construction orgradfn within ti’e p(an. tempororysift fencing as cppro’ed siltation control for the Ministry of Hotura( Resources shall be placed to miticre erosion and measured dIsturbed areaS. Further, rio gradir Utah ocwr within the 3D ir,i’tre setback area as in from the dripline closest to the hih wacer mark with Ehe setback to be su itobly demarcated area ,re the field fn order to ensure the forested ore. and oqiori habitat within the sEtback odequorely protected zhro.ighout oil phases of construction. “
8) That Draft Approval Cond1ton 21 be revised to read as follows:
stormwaer any ‘1Thar this plan be subject to redline revisions to occommodaLe mcnaSemnent, reu1cof n orherrecommendedfacilities as well as lot line adjustments that rnybe necessaryas a the approval of rhe reports noted in Conditions 77 arid 24.”
2 ::‘rzr . Attachment “1” PL020934
- pglOof2l
foUow: Condftions 12 and 23 be revised to read as 9) That Draft Approval I () retain a qucilificd environ rzjientat consulrane to “22) Thdt pricr to reistrction, the owner she1t for the 30 metre seUzcick zone o be prepare an environmental rncnaernent plan woter Further te own’r rees to measured from the dripline of trees at the edge. as oppro’ed by the 4Iiriisrry of Narurt implement nd rnaintoiri the mGno3ernent plan shall assess the’ ‘xtent of selective RescLJrces ThE’ en4ronmento1 monciSement plan views to the wOtr. prunin and rree monoernenC necescnj ro permit
to c’stoblish a conserYfrion eosrnenr cwer 23) Thct prior to registration3 the owner agrees from the drip inc of trees at rhe the 30 metre setback zone which is to be rneosured fovour of oópercirive and/or wcrer edge. The conservotion eosement shall be in mcnoe foc)Litie which will be Condominium Corporation which sholl be esrobUshed to such os the coinmon dock, pciridn made avoiloble to future owners of the proposed Lots opproved rrionogerneritplor, for nd occess focilities. The ownerfurther osrees that the form parr if the cor,servoticn the 30 metre setback zone shall be ottached to and Norurol Resburces prior o final eosement. The p1cn sholt be opproved by the Ministry of
I’
Condftion 24 be revised to read as folLows: 10) That Draft ?pprovaL ; ( erivironmento( coru1rant to prepare a 9hat prior to final approval, the owner shall retain on on trees understory. species, natural habitat retention plan to assess the impact of development species of plants, mammals, predators arid provincialLy rare, threatened and endongered plGn hal1 dentify on apprcpriac reptiles, amphibians andbirds. The natural habitat retention owner agrees t4at bc.iildin shall deve(opmenrtbuitding envelope on a lot by lot basis. The to adjusC Za liriu maybe regjjrçj rQstricted to rhe fder,rified areas and that redline revisions be approved by the Minjstsy of as a result of the natural habitat retention plan, which shall proidsion tho the natural habitat fr-dcturaL Resources. The subdM,clon aSreement shall indude a Official prior to the isszionce rerention plan shall be sulmirced to the Township’s Chief&ii1din. of a bUilin permit for the icc to which the permit applies.” .
revised to read as fottows: .1 1 ) That Draft Approv1 Condition 25 be
gUide1 which summarizes rrThe owner agrees to prepare on environmental stewordshD manarnent, maintenance’ envirannien tal feacures, erivironmen tol restrictions, enYiranmen to( guide shalt be r’iew&d and approved and restoraiori protocols. The er,vfronmental stewardship agrees to prbvide a copy of the by the Ministry of Natural Resources, The o,’ner further
3 Mar-142OO3 02:35pmFrait Attachment “1” PL020934 pgllof2l . :‘ : •
rhe of och lot Gnd LQ ottict a summory of environmentQt stewardship guide to the purchaser CD offers to purchose ond sole oreements.” environmenWl srewcrdsho guide to forrnot
revised to read as fotWws 12) That Draft Approvat Condition 26 be ( subriit ci dQtofled enineering desiri for oil srreets Tht prior to reistrcition, the owner shall review nd opprovol in consultation wftt the within the subdMsiori for the Munk!pc1ityc include a r&sed toadway; a series of Ministry of Natural Resources. The desiri measures could the use ofcz tihter road surface colour for hard western sates, drift net fencing to direct snakes; to the subdivisior roods ond/or other topprn ond the rnomnrenonce of foresr canopy cjacerit. movements wI thin che area defThed simllcr design considerations as necessoiy to focJlirofc noke Eostern Massowua Rortlesnoke br Fijjre 3 of the report prepared by Ecoplans Ltd. entit(ed: April 2007 and any other snake Telemetiy Scudy, 2001 and Response to Comrncnes dated prorwn as required by Draft movemenr corridors iden tified as a rsutt of the owners rnonitoring snake fr?rjvemerj at any ahr Approval Concfitlon 27. Other, less extensive measures to faci(itate incorporated czs port of the’• snake crossing Ioctjons associated with Streecs 1, 2 and 3 shall be engjneering dein a. resvlt derafled en’incerThg design for the subdWis!on or revisions to the Condition 27. The owner ci the owners rncniroring program as detailed in Draft Approval to instal I a £rafflc barrier Q further agrees chcit prior to the issuance of any buIlding permfs, with thc Original Shore Road the southwesrertyslde of Street One where StrecC One intersects rhe otIowcnce. The croffic barrier shall be designe and instat(ed o rhe satisfaction f vehiclesfrom driving on the Municipa(iry. The intent of the traffic barrier Ls to prevent resident CrIino1 Shore Road allowance located to thc’ southwest of Street One.
I 3) That Draft ApprovaL Condtion 27 be revised to read as follows:
to uridc’rrake mon!torin of ‘The owner agrees to reroin a qualified envfronmentat consutranr pro(t inc1udin its snake transit movements across subdivision roads. The owner monItorTh3 of Noturci Rcsources prior to implementation. shall be reviewed and approved by rhe Minicry for three years or one year final approval. Monitoring shall be the owner s responsibility Iosr. The owner orees the fo(lcwThg the occupancy of 30 residential units, whichever occurs additcnal rnonioring after the Ministry of %‘atura1 Resources may undertake arid/or oversee such monftorfn is cciurdinated with owner s monitoñr) obtigotior,s have been satisf)ed, prcwided inc1udiri monitoring reports hoL1 be the owner. The results of the ciddItion( montorfng stewardship uide Thi C provided to the owner as input to future updares of rhe environmental as may be reornmended by the owner further crees to implement remedial measures prcgrm in order to mirioe enYi(oflmenta( consultant as a rLsu1t of the owricr monitoring creed thotpavin of the’ road within •ncjke mortality within identified snake transit cireaL It is the owners monitcrng obligations. To sr)Qke transit areas shall occur following completion of
4 Mar-14—2003 03:35pm From— PL020934 — Attachment “1 ...... - -- —‘- ..—:-.-— pgl2of2l
is to rnaintdin a 1ertr ofcredir which ensure of this condfcIon the owner cgrees implementation of credit is to b to seMcing. The omoiirie of the letter Co be provided to the Municipc2tftyprfor owner. The lerrer of credit sholl rrifn Municipolity fn ccnsultition wirh the determined by the is complete rnrritoririgprorom and untfl such time cispaving sccurity throu3hO(Jt the owner as cor,sultdn t as a result of rhe recommended by the environme’r,tol and ony remedis1 measures owners monitoring prorom have been fmplemented.’
28 be revised to reed s fot[ows: ‘4) That Draft ApprovaL Ccndftion report prepaled by Ecoplans Ltd. the snake trcrnsit cirea deffned in the ‘Road construc tion within to Radio Te(emetry Study. 200 1 arid Response entitled: ‘!osLern Mossosauga RoCUesiwke cftiring the months of September ond October ond Comments d:ed April 2002 sholl ot occur sctisfcctory ro zhe Ministry of NaturaL Resources April ond May unless sdentiflc evidence restrictions should be considered. confirms that variances to the construction
conw(ranr throughaut the rood ccnstructicr ‘The ow,ershall retain a quolifiederwirrznmenral prepare and implement a b2sic education and period. The environmental consultant shall capture and release of Eastern program crid (isr the procedures for the jratection, rroii’1ri cirid basic educotioncjl and tromnir program shalt be reviewed MossosauSa Rattlesnake (EMR) The provided ro road construtiw personnel prior opproved by the Ministry of NaCurol esources nd environmcntal ccr:silrarit shaLl also to road consrructlon and final opprovcil. The qualified encounters with(n the road conzrsxr limits as estab(ish a protocol to ensure all EMR sihring5 or reported Co the MinistryofNaturrzl Resources. The well as within the limits of the subdWision are responsible for ensuring ill EMR encountered qualified erjvjronrnenal con$uLtart will also be as ecesary. My relocatIon of EMR shall dtjring road construcrion are protected arid relocoted under the supervision of rhe gualifled be underrakeri by appropriately :troined personnel environmental consultant. “
be revised by de1cting reference to be “Ministry and 15) That Ctcarznce Conditions 31 and 32 inser.in reference to the ‘County”.
ThcWded to read as follows: 1 6) That e new Ctearance Coridftion 35 be
are to be odvised in writing by the Ministry c,f ‘That prior to final approval by the County, we 24, 25, 26, 27 fld 28 hcrve been satisfied.” Natural Resources how Conditions 17, 22, 23,
45 inctusive be renumbered to 36 to 6 frictusive. 17) Tmt Draft Approval Conditions 35 to
5 MarI4—cuu u:pm rrom— Attachment”i” PL020934 pgl3of2l , ‘‘
to: Coriditon 43 be reved by dd1n refercnce ,4_• ) That’renurnbered District Planner Ministry of NaturaL Resources Midhurst istrict C 2284 Nur5er Road Midhurst, Ontario LOL ‘1XD
read as foL[ows: 19) That CLeirance Conditiop 33 be revtsed to
to be advised in writin by the Grey Sauble •TIwt prior to finL approval by the County, we are hove 1&en sr5sfied. ‘ Cçnservtion Authcwity how Conditions 77(t), 18 19 and 27
as decited herein, WE agree to iithraw cur Subject to the modifications and revTsions to Conditions amerdmenc 2DO243. objections to SubdMson 41T2OC11 and Zonrig y4aw
Yours truLy, .
j&i rv :*hIJflL. Prior DarLene Upton Ken
ThiS settlement is ats.o endor5ed by:
Keeso aul Brittori John
6 Attachment “1” PL020934 pgl4of2l C .
DRAFT CONDITIONS
The County of Bruce conditions for draft approval for file 41T-20004 ar as follows: (
1. That this approval applies to the draft plan, prepared by John C. Milie, OLS, dated August 25’ 2000, revised on May 26 2002, as shown on the attached plan to show a total of 78 single detached residential lots, and one multiunit residezitial block.
2. That the road all allowances included in this draft plan shafl be deve)oped to
municipal standards, shown on the final plan and dedicated as public highways. • •
3. That the streets shall be named to the satisfaction of the Municipalit’ of Northern
Bruce Peninsula. ...
4. That dead ends axid open sides of road allowances created by this drft plan thall be terminated in 0.3 metre reserves to be conveyed to, and held in trust by the
municipality. . .
5. That the owner convey p to 5% of the land included in the plan to the municipality for park puiposes. Alternatively, the municipality may accept cash-in-lieu of all or a portion of the conveyance.
6. That prior to final approval by the County, we are to be advised by the Municipality of Northern Bruce Peninsula that appropriate zoning is in effect for this proposed subdivision (Th
7. That the owner agrees in wnting to satisfy all the requirements, financial and otherwise, of the Municipality of Northern Bruce Peninsula concerning the provision of roads, installation of services and drainage.
8. That such easements as may be required for utility or drainage purposes and emergency/fire access shail be granted to the appropriate authothy.
9. That the owner shaD provide for upgrades to Tamarac Road which provides access to the plan of subdivision, to the saiisfaction of the Municipality.
:io. That the subdivision agreement between the owner and the municipality contain phasing arrangements to the satisfaction of the Municipality and to the Ministry of Environment.
timing of the 1 1 . The owner shall prepare a phasing and development plan outlining the required studies, and the design and timing of construction of all amenities ad services (recreational facilities, road construction, services, etc.)
41-T-2000-1 DRAFT CONDITIONS OF APPROVAL (KEESO) Page 1 of 7 u3:3opm rrum— • Mar—i4-cuu Attachment “1” PL020934 pgl5of2l
12. That the subdivision agreement between the owner and the municipaUty contain the following restrictive covenants, to the satisfaction of the municipality, regarding habitat and fisheries protection along the shoreline:
13. All lands within 30 metres of a naturai water course shall be left in a. undisturbed state.
14. That prior to final approval by the County, the Ministry of Environrrient shall be in receipt of a hydro geologist’s report which ascertains the quality and. availability of an adequate supply of potable water to service the development.
15. Thatthe following provision shail be included in the subdivision agreement between the municipality and the owner arid must be iDcliided in each offer of purchase and sale:
GROUNDWATER A1YISORY”
“Groundwater quality may be found to exceed certain Ministry of Environment drinking water objectives for iron, turbidity and hardness. This is an aesthetic rather than a healthrelated parameter. Household treatment systems may be required to effect removal or to reduce concentrations to levels complying with the Oniario Drinking Water Objectives.
To provide maximum security of groundwater supplies from contanilnation by sacrificial contaminants, the Ministry of the Environment recommends that dcmestic water supplies be obtained from the deeper confined aquifer with the minimum well depth being 60 metes. The minimum length of well casings should be 45 metres, with well casings grouted into place for their full depth. Well casings should extend s\above ground and all connections should be made above ground.”
16. (a) That prior to final approval, the owner shall submit for the review and approval of the Ministry of the Environment, Grey.-BrQce Owen Sound health Unit and the Grey Sauble conservation Anthority, a Surface Stormwater Management Plan prepared by a technicaily qualified consultant based on the concept presented in the August 16 2000 Engineering Report. This plan shall detail the methods that will be used to control and/or treat surface water during and following constrnction.
(b) That the subdivision agreement between the Municipality and the owner must provide for the recommendations and works contained in the Stormwater Management Plan on stormwater works, detention, or retention facilities to be assumed, operated and maintained by the Municipality in perpetuity.
17. Prior to aty giading or construction on the site and prior to registration ofthe plan, the owner shall submit the following plans and reports prepared by a professional
41T2OOO1 DRAFT CONDITIONS OF APPROVAL (KEESO) Page 2 oF7 ri,n MdFI’tLUU Attachment “1” PL020934 ‘ pgl6of2l
consultant, to the satisfaction of the municipality and the Grey Saubi Conservation Authority:
(a) An erosion arid siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction:
(b) A natural habitat retention plan that includes the trees and understorey species and shall identify development envelopes for each residential lot ind the location of open space amenities. Alternatively, provisions may be included in the subdividers agreement that require the preparation of natural habitat retention plans on a lot by lot basis, prior to the issuance of a bui)ding permit:
(c) A wildlife management plan to assess the impact of development on game species, predators and provincially rare, threatened and endangered species of plans, mammals, her tiles, birds and insects. The management p1n shall include techniques to protect the natural environment and to ensure that all development will be in harmony with nature by utilizing the principles of sustainable development;
18. That the subdivision agreement shall contain provisions to carry our the recommendations for the completion of the works in accordance with the approved plans and reports noted in Condition 18, to the satisfaction of the rnurilcipality and the Grey Sauble Conservation Authority.
19. That the subdivision agreement between the owner and the municipaiity shall contain provisions to maintain all storm water management and erosion and sedimentation control structures operating and in good repair through all phases of construction, in a manner satisfactory to the Ministry of the Environment and the Grey Sauble Conservation Authority.
20. That prior to any construction or grading within the plan, temporary silt fencing (snow/wire fence with gectech fabric and crushed stone) be placed along Lake Huron, 30 meters fromthe high water mark. No grading shall occur beyond this development limit thus ensuring that the forested area and aquatic habitat are adequately protected through all phases of constmction.
21. That this plan be subject to rediine revisions to accommodate stonnwater management and any other recommended facilities, if required as a result of the reports prepared in above conditions.
22. That prior to registration, the owner shafl retain a qualified environmental consultant to prepare an environmental management plan for a 30 meter setback zone to be measured from the drip ]irie of trees at the water’s edge. Further, the owner agrees to implement and maintain the management plan as approved by the Grey Sauble Conservation Authority. The environmental management plan shall
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I assess the extent of selective priming and tree management necessary to permit views to the water.
23. That prior to registration, the owner agrees to establish a conservaticn easement over the 30 meter setback zone which is to be measured from the drip line of trees at the water’s edge. The conservation easement shall be in favor of Co-operative and/or Condominium Corporation which shall be estab]ished to man. age facilities which will be made available to future owners of the proposed lots s -uch as the common dock, parking and access facilities. The owner further agrees that the approved n-iariagement plan for the 30 meter setback zone shall be attached to and form part of the conservation easement. The plan shall be approved. by the Grey Sauble Conservation Authority prior to final registration.
24. The owner shall retain an environmental consultant to prepare a natra1 habitat retention plan that considers trees and understory species. The riaturai habitat retention plan shall identify an appropriate development/building envelope on a lot- by-lot basis. The owner further agrees that building development shall be restricted.
. to the identified areas. The Plan shall be reviewed by and approved by the Grey Saubie conservation Authority. The subdivision agreement shall require a provision that the natural habitat retention plan shall be submitted to the Township’s Chief Building Official prior to the issuance of a building permit for the lot to which the permit applies.
2.5. The owner agrees to prepare an environmental stewardship guide which sunim.arizes environmentai features, environmental restrictions, environmental management, maintenance and restoration protocols, reviewed by approved by the Grey Sauble Conservation Authority. The owner further agrees to provide a copy of the environmental stewardship guide to the purchaser of each lot and to attach a summary of the environmental stewardship guide to fonnal offers to purchase and sale agreements.
26. That prior to registration, the owner shall submit a detailed engineering design for Street One to the Municipality and the Grey Sauble Conservation Authority for review and approval. The design shall incorporate culvert(s) andfor other similar design considerations as necessary to facilitate snake movements within the area . defined by Figure 3 of the report prepared by Ecoplans Ltd. Entitled: “Eastern Massasauga Rattlesnake Telemetry Study, 2001 arid Response to Comments”, dated April 2002. The Municipality and the Conservation Authority may at is sole discretion request a peer review of the engineering design by the Eastern Massasauga Recovery Team (EMR) or other peer review agent as required.
27. The owner agrees to retain a qualified environmental consultant to undertake periodic monitoring of the snake transit area as defined in the report prepared by Ecoplans Ltd. Entitled: “Eastern Massasauga Rattlesnake Radio Telemetry Study, 2001 and response to Comments” dated April 2002. The monitoring shall continue until a total of 30 residential units are occupied. The environmental consultatit shall
41-T-2OOO1 DRAFT CONDITIONS OF APPROVAL (KEESO) Page 4 of 7 Mar—14—2003 03:3Tpm From— Attachmentpgl8of2l“1” PL020934
.
submit bimonth1y reports from April to the end of November to the Ck.rk of the . Municipality and the Grey Sauble conservation Authority. The own. er further ( agrees to implement remediai measures as may be recommended by the environmental consultant as a result of monitoring in order to mitigate snake mortality within the defined snake transit area. It is agreed that pavi rig of the road within the identified snake transit area shall occur following the monitoring period. To ensure implementation of this condition, the owner agrees to maintain a letter of credit which is to be provided to the Municipality prior to servicing. The amount of the letter of credit is to be determined by the Municipality in consultation with the own. The letter of credit shall remain as security throughout the monitoring period and until such time as paving is complete and any remedial rreasures recommended by the environmental consultant have been implemented.
28. Road construction within the snake transit area defined in the report prepared by Ecoplans Ltd., entftled: “Eastnor Massassauga Rattlesnake Radio Telemetry Study, 2001 and Response to Comments” dated April 2002 shail not occur during the months of September and October. The owner further acknowledges that there may also be a snake transit period in the spring and agrees to further restrict road constn:iction to timefratnes that may be identified by Ecoplans Ltd. following telemetry work which is to occur during the spring of
2002. ..
The owner shall retaina qualified environmental consultant throughout the road construction period. The environmental consultant shall ensure that road construction personnel are provided with a basic educational and training program and a list of procedures relating to the protection and capture of Eastern Massasauga Rattlesnake (EMR). The environmental consultant will be responsible for establishing a protocol to ensure all EMR sightings or encounters wi thin the road contract limits are reported. The environmentai consultant will also be responsible for ensuring all EMR encountered during road construction are protected and relocated as necessary. Any relocation of EMR shall be undertaken by appropriately trained persorrnel under the supervision of the environmental crnsukant.
29. That the subdivision agreement between the owner and the municipality be registered against the lands to which it applies prior to or simultaneous with the registration of the plan of subdivision.
30. That prior to final approvai by the County, we are to be advised in writing by the Municipality ofNorthern Bruce Peninsula how conditions 2 to 13, 16, 17(b), 28 and 30 have been satisfied.
31. That prior to final approval by the Ministry, we are to be advised in writing by the Ministry of the Environment how conditions 1 1, 17 (a), 20 have been satisfied.
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are to be advised in wri’ting by the c inai approvai by the Ministry, we 32. That prior 17 (a) have been satisfied. cn‘ how condition Grey-Bruce Owen Sound Heaith ‘Unit we are to be advised in writing by the 33. That prior to final approval by the Ministry, conditions 17(a) and 18 to 2 have been Grey Sauble conservation Authority how satisfied. C . to to fulfil the conditions of draft apprva1. and 34. It is the applicant’s responsibility letters are forwarded by the appropriate agencies ensure that the required clearance Plans Administration Branch, Central and to the Ministry of Municipai Affairs, number. : Southwest, quoting the Ministry file aware of: 35. We suggest you make yotirself Act, which requires all new p]zms be (a) section 143 (1) of The Land Titles registered in a land titles system;
(b) section 143 (2) allows certain exceptions. the Ministry of the Environment’ s review of The app’icant should appreciate that 36. for soil contamination, soil gases or any this application did not include testing affect the viability or suitability of the site other subsurface conditions that might assurance with respect to any or aU to for the intended us. If the applicant reqi.iires of qualified professionals to conduct the he foregoing, he/she should engage a finn site investigations.
to Ontario Hydro facilities which areS The costs of any relocations or revisions 37. subdivision will be borne by the deve]oper. necessary to accommodate this plan of are to be respected. 38. Any easement rights of Ontario Hydro Ontario Hydro Area Office to vetify if any The developer should contact the local 39. by the proposal. ldw voltage distribution lines may be affected Taylor Telephone Company may or may not The applicant should be aware that the 40. this development have a telephone plant in the area to service to Taylor Telephone Company facilities 41. The costs of any extensions or revisions this plan of subdivision will be borne by the which are necessary to accommodate developer. agencies: 42. Clearances are reqiaired from the following Cathy Robins, Clerk Municipality of Northern Bruce Peninsula 56LindsayRd. 5
Page 6 of 7 (KEESO) . 41T-20001 DRAFT CONDITIONS OF APPROVAL ar—14—ZUU U:pm rom— Attachment “1” PL020934 pg 20 of 21
R.R.#2 Lion’s Head, Ontario NOH iWO Mr. Wiffiam Armstrong Ministry of the Environment 985 Ade1ade Street, South
London, Ontario . N6E 1V3
Sound Health Unit . Grey-Bnice Owen
30 Park Street, P.O. Box # 248 . Waflcerton, Ontario NOG 2V0
. Grey Sauble Conservation Authority P.O. Box #190, Avenue, N. Owen Soand, Ontario NOG 1LO
If the agency condition concerns conditions in the subdivision agreeirient, a copy of the agreement shouJd be sent to them. This will expedite clearance of the final plan. A copy of the agreement is not required by the County of Bitice.
43. The proponent shall carry out an archaeological assessment of the subject property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeologicai resources found. No grading or other soul disturbances shall take place on the subject property prior to the approval authority and the Ministry of CitizenshIp, Culture & recreation confirming htat all archaeological resource concerns have met licensing and resource conservation requirements.
44. All measurements in the subdivision final plans must be presented in metric
45. gistration
The final plan approved by the County must be registered within 30 days of Approval; of the Plan bythe Director or the County may withdraw approval under Subsection 51 (21) of the Planning Act.
Page 7 of 7 41.T.2000-1 DRAFT CONDITIONS OF APPROVAL (KEESO)