Horseshoe Valley Developments Inc. v Township of Oro-Medonte

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE: May 12, 2022

CASE NO(S).:

OLT-22-003583

(Formerly) PL210328

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.

1990, c. P.13, as amended

Applicant and Appellant:

Subject:

Horseshoe Valley Developments (2018) Inc.

Application to amend Zoning By-law No. 97-95

- Refusal or neglect of Township of Oro-

Medonte to make a decision

Residential One Exception 140 Exception

(R1*140) Zone

Existing Zoning:

Proposed Zoning:

Residential One Exception ___(R1*___) Zone

and Residential Two Exception ___(R2*___)

Zone

Purpose:

To permit the development of a subdivision

cosisting of 73 residential units

Part of Lot 4, Concession 4

Township of Oro-Medonte

Property Address/Description:

Municipality:

Municipal File No.:

OLT Case No.:

2016-ZBA-01

OLT-22-003583

Legacy Case No.:

OLT Lead Case No.:

Legacy Lead Case No.:

OLT Case Name:

PL210328

OLT-22-003583

PL210328

Horseshoe Valley Developments (2018) Inc. v.

Oro-Medonte (Township)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O.

1990, c. P.13, as amended

Applicant and Appellant:

Subject:

Horseshoe Valley Developments (2018) Inc.

Proposed Plan of Subdivision - Failure of

Township of Oro-Medonte to make a decision

To permit the development of a subdivision

cosisting of 73 residential units

Purpose:

Property Address/Description:

Part of Lot 4, Concession 4

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OLT-22-003583

Municipality:

Municipal File No.:

OLT Case No.:

Legacy Case No.:

OLT Lead Case No.:

Legacy Lead Case No.:

Township of Oro-Medonte

2016-SUB-01

OLT-22-003584

PL210329

OLT-22-003583

PL210328

Heard:

In writing and on April 19, 2022 by video

hearing (“VH”)

APPEARANCES:

Parties

Counsel

Horseshoe Valley Developments

(2018) Inc.

Susan Rosenthal

Samantha Lampert

Township of Oro-Medonte

Ed Veldboom

MEMORANDUM OF PARTIAL ORAL DECISION DELIVERED BY K.R. ANDREWS

ON APRIL 19, 2022 AND FURTHER DECISION AND ORDER OF THE TRIBUNAL

INTRODUCTION

[1]

Horseshoe Valley Developments (2018) Inc. (the “Applicant”) is seeking approval

of the following:

1.

a Zoning By-law Amendment (“ZBA”) to reflect increased density

permitted pursuant to Official Plan Amendment No. 36 (“OPA 36”;

approved in 2014); to wit, to facilitate the development of 23 single-

detached residential lots and 48 townhouse blocks as part of what has

been referred to as “Phase 4” of a development originally approved in

2001 as part of the 5-phase Horseshoe Valley Subdivision (the “2001

Subdivision”);

2.

a revised Draft Plan of Subdivision (“DPS”) to include the aforementioned

townhouse units in addition to single detached residential lots to reflect the

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above noted increased density permitted pursuant to OPA 36 and the

proposed ZBA; and

3.

DPS Conditions to facilitate the above-described development / proposed

ZBA / revised DPS which does not include a requirement to convey

certain lands that are owned by a third-party, on which Stormwater

Management (“SWM”) facilities are located that were planned and

constructed to service the existing approved DPS as it relates to Phase 4

and the rest of the 2001 Subdivision.

[2]

This appeal arises following the Township of Oro-Medonte’s (the “Township”)

insistence to include such conditions which require the Applicant to convey said third-

party-owned lands containing said SWM facilities to the Township.

[3]

The Township takes the position that it is necessary that it own the lands

containing said SWM facilities in order to maintain effective control over the

maintenance and operation of these facilities, while the Applicant takes an opposing

standpoint. The Applicant submits that:

1.

It is unreasonable to require the Applicant to convey lands that it does not

own, as the Applicant is powerless to convey such lands and, if such a

DPS Condition is applied, it will virtually guarantee that the Applicant's

development cannot proceed;

2.

It is unnecessary for the Township to own the third-party-owned lands

containing the subject SWM facilities because an easement exists which

is capable of providing the Township with the necessary access and

control over these lands for the purpose of maintaining and operating the

SWM facilities;

3.

Planning policies encourage the efficient use of existing infrastructure,

such as the existing SWM facilities;

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4.

5.

It is generally bad planning to introduce such a new requirement to

facilitate the development of Phase 4, when all of the phases of this 5-

phase development have been planned (and some completed) around

using the existing SWM facilities located on the third-party-owned lands to

service the SWM needs of the 2001 Development; and

If the Township absolutely requires ownership of the lands containing the

subject SWM facilities, it has powers of expropriation to obtain the lands.

The Applicant does not have such powers.

[4]

Outside of this relatively narrow issue, there are no Township planning related

concerns about the proposed uses, density, compatibility, fit, or the layout of the

proposed revised DPS, nor are there any concerns raised with respect to the proposed

ZBA to permit the intensification of the site. Notably, there are no concerns from a

technical or engineering standpoint insofar as whether or not the existing SWM facilities

(specifically the SWM pond known as “SWM Pond #5”) is capable of servicing the

proposed development with increased density. The issue is exclusively limited to the

ownership status of said lands containing the SWM facilities.

[5]

It is also noteworthy that the Applicant may immediately develop the subject

lands as-of-right at the lower density currently permitted in accordance with the existing

Zoning By-law and approved DPS, which features no conditions to require conveyance

of the subject third-party-owned lands to the municipality.

[6]

The proposed ZBA is appended as Attachment 1 of this decision, and the

proposed DPS is appended as Attachment 2. Both of the proposed ZBA and DPS are

uncontested. The Township’s proposed DPS Conditions requiring conveyance of the

lands containing the subject SWM facilities are appended as Attachment 3 to the

decision, and the Applicant’s version, amended to not require the conveyance of the

third-party-owned lands, is appended as Attachment 4.

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[7]

The Tribunal notes that the Horseshoe Valley Property Owners Association were

granted participant status in the present matter and submitted a Participant Statement

that was generally supportive of the Applicant’s revised proposal. They raised no new

policy issues to consider.

[8]

It is also noteworthy that, through the course of the parties exchanging and filing

their respective appeal materials, they mutually recognized an inadvertent issue

respecting the originally proposed planning instruments. The parties subsequently

agreed that the issue could affect the developability of a small portion of the Phase 4

lands. As a solution, the Applicant suggested revisions to the originally proposed

planning instruments as follows:

a.

b.

The proposed DPS be amended to replace former Lots 3 and 4 with a new

Future Development Block labelled as “Block 32”;

The proposed ZBA be amended to place a holding symbol on Block 32

until, to the satisfaction of the Township, a suitable building envelope or

envelopes can be placed on the lands subject to the hold; and

c.

The proposed DPS Conditions include a condition requiring a warning

clause to be included in any Agreement of Purchase and Sale for new

Lots 2 and 3, so that potential purchasers are aware of the existence of an

easement on a small portion of these lots which may restrict the

construction of structures and other obstructions on such portions.

[9]

The Township took no issue with the proposed revisions, nor did it indicate that it

had any material effect on its position respecting the proposed ZBA, DPS, or DPS

Conditions that are the subject of this appeal. The Tribunal similarly finds that the

above-described revisions are minor in nature and have no material effect on the issues

in dispute. The case therefore proceeds pursuant to the revised proposed planning

instruments, which are appended as Attachments 1 to 4 of this decision, with no further

notice required.

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FACTUAL CONTEXT

[10] Evidence was provided to the Tribunal in affidavit form from the following

witnesses, proffered by the parties as indicated below. The Tribunal accepts this

evidence and qualifies the following individuals as experts capable of providing opinion

evidence in the areas indicated below:



Applicant – Jeff McCuage – Municipal Services / SWM (as an Engineer)

Applicant – Darren Vella – Land Use Planning

Township – Michelle Jakobi – Municipal Services / SWM (as an

Engineering Technologist)



Township – Derek Witlib – Land Use Planning

[11] Except where indicated, the below summary of facts is uncontested.

Phase 4 of the 2001 Subdivision

[12] The lands planned for development of Phase 4 (the “Subject Lands”) are

5.2 hectares, vacant, and legally described as Part of Lots 3 & 4, Concession 4 in the

Horseshoe Valley Settlement Area within the Township. The Subject Lands are

bounded by the developed Phase 3 lands to the west, undeveloped Phase 5 lands to

the east, and a now-vacant golf course to the north and south (the “Golf Course Lands”;

which is owned by a third-party and contains the subject SWM facilities, including SWM

Pond #5)

[13] The 2001 Subdivision was originally draft plan approved to consist of 595 single

detached residential units to be developed in five phases with one additional subphase

known as Ridgewood Court. In addition to residential units, the plan includes a series of

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open space blocks, a pumping station, fire access, road widenings, 0.3-metre reserves,

a community centre, walkways and various internal roads.

[14] Notably, the entire 2001 Subdivision lands do not include any SWM ponds and,

instead, these lands are planned to drain and outlet stormwater into a series of SWM

ponds located on the third-party-owned Golf Course Lands.

[15] The original DPS for the entirety of the 2001 Subdivision, including Phase 4, are

subject to a series of conditions approved at the time it was originally DPS approved.

These conditions notably do not include conveyance of any third-party-owned lands

containing SWM Ponds to the Municipality.

[16] The use, maintenance and any further construction of SWM facilities located on

the Golf Course Lands, for the purpose of serving the SWM needs of the 2001

Subdivision, are reliant on an easement in favour of the owner of the 2001 Subdivision

lands, registered on title of the Golf Course Lands as Instrument LT522878 (the

“Easement”)

[17] Phases 1 to 3 of the 2001 Subdivision have now been registered, developed and

are occupied by home purchasers. These approved and registered phases notably

utilize the various SWM Ponds planned and constructed on the Golf Course Lands for

SWM purposes.

[18] A further subphase of the original 2001 Subdivision, known as Ridgewood Court,

has also been registered, developed and is occupied by homeowners. This subphase is

particularly notable since it specifically drains and outlets into SWM Pond #5, being the

same SWM pond planned and designed to serve the SWM needs of the subject

Phase 4. The Ridgewood Court subphase and Phase 3 were developed in 2013 and

2014 respectively, and were notably not subject to a requirement to convey the SWM

Pond to the Township. The obvious implication of this fact is that SWM Pond #5 is

already being utilized as a SWM facility serving the SWM needs of the 2001

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Subdivision, despite it being situated on lands owned by a third-party and without there

being any requirement to convey these lands to the Municipality.

[19] Phase 4 was granted draft plan extensions in 2017, 2020, and 2021. As a result,

it is currently permitted to proceed as originally planned, albeit at a lower density,

without any requirement to convey the subject third-party-owned SWM lands to the

Municipality.

[20] In its submissions, the Township noted that, at the time of the DPS approval and

registration of the Easement, the owners of the 2001 Subdivision Lands and the Golf

Course Lands were affiliated companies. This is no longer the case since both

properties (being the undeveloped portions of the 2001 Subdivision lands and the Golf

Course Lands) have changed ownership, and those lots already sold as part of

Phases 1 to 3 and Ridgewood Court now belong to individual residential homeowners.

Pointing to this fact, the Township takes the position that the change of ownership (from

affiliated to non-affiliated companies) constitutes a material change in circumstances

which affects the appropriateness of having the SWM ponds located on a third-party’s

property.

[21] On this particular point, the Tribunal finds this fact has no bearing on the

outcome of the current appeal. The 2001 Subdivision Lands and the Golf Course Lands

have always been owned by different entities and a sale of either or both lands have

always been possible and should be expected, especially considering the obvious

implication of selling developed residential lots to individual homeowners. While the

Tribunal notes this fact as submitted by the Township, it finds that it has no bearing on

the analysis of this decision.

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Easement

[22] The Applicant currently holds an Easement over the Golf Course Lands providing

certain rights associated with the SWM facilities located on the Golf Course Lands. The

particularly relevant terms of the Easement are copied as follows:

1.

The [owner of the Golf Course Lands] hereby transfers to the

[owner of the 2001 Subdivision Lands] the free and uninterrupted and

unobstructed right and Easement to construct, operate and maintain

such Storm Sewer or Sewers and such Stormwater Management

Facilities (the said Storm Sewers and Stormwater Management Facilities

are collectively called the "Storm Sewer"), together with any and all

appurtenances thereto as may be required from time to time in, under

and across the [Golf Course Lands] by the Township of Oro-Medonte or

the County of Simcoe pursuant to the terms of any subdivision,

engineering, development or site plan agreement.

2.

Together with the right of the [owner of the 2001 Subdivision

Lands], its successors and assigns and its and their servants, agents

and workmen with all necessary equipment, machinery and vehicles to

enter upon said lands at all times and to pass and repass thereon for the

purposes of constructing, reconstructing, examining, repairing, renewing

or replacing (including replacement with a Storm Sewer of larger size or

capacity) and maintaining the said Storm Sewer or any part or parts

thereof whether or not any part to be so constructed, repaired, renewed,

replaced or maintained is situate on the land above described.

3.

The [owner of the Golf Course Lands] hereby undertakes that

the [Golf Course Lands] shall remain free of physical encumbrances

which would hinder the access by the [the owner of the 2001 Subdivision

Lands], its servants, or its agents and the [owner of the Golf Course

Lands] hereby undertakes that only the usual grass cover and/or flower

beds, trees, golf course features and fencing with gates, will be suffered

on the said lands, and that no trees, structures, or obstructions will be

permitted to remain thereon unless the [the owner of the 2001

Subdivision Lands] in writing permits the existence of certain physical

encumbrances on the lands, for limited periods of time, upon written

application by the [owner of the Golf Course Lands] to the [the owner of

the 2001 Subdivision Lands].

[…]

5.

[The owner of the 2001 Subdivision Lands] acknowledges that

the [Golf Course Lands] are primarily used as a golf course by the

[owner of the Golf Course Lands], and accordingly any ingress onto the

lands shall be by written notice to the [owner of the Golf Course Lands],

and, [the owner of the 2001 Subdivision Lands] agrees to abide by any

reasonable terms of ingress, and, to reduce, where possible any

interference with the [owner of the Golf Course Lands]'s use of the golf

course. [The owner of the 2001 Subdivision Lands] agrees to schedule

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any required work on the Storm Sewer, during the times that the golf

course is not in use, unless an emergency requires otherwise.

[23] The Tribunal notes, as it relates to Terms 3 and 5 above, that the parties both

acknowledge that the Golf Course Lands are no longer being used as a golf course.

[24] The Applicant’s witnesses testified that the phases of the 2001 Subdivision that

are already built and occupied, including Phases 1 to 3 and Ridgewood Court (which

notably uses the same SWM Pond #5 as the proposed revised Phase 4 DPS), rely on

the Easement for the purposes of ongoing operation, repair and any necessary updates

of the SWM facilities.

[25] The parties both acknowledge that, eventually, the Applicant will cease to

maintain an interest in the 2001 Subdivision lands (i.e., once all of the phases are

completed, individual lots are transferred to homeowners, and all lands designated for

public purposes are conveyed to the Municipality), and thus it would cease to maintain

Easement rights associated with the SWM facilities located on the Golf Course Lands.

Given that the subject Easement rights ‘run with the land’, both parties acknowledge

that the Easement rights associated with the SWM facilities (i.e., access to allow for

appropriate construction, upgrade, repair, maintenance, etc.) are currently destined to

rest with each individual lot owners of the 2001 Subdivision. This eventual outcome

constitutes the core of the Township’s concerns respecting this matter.

[26] In an apparent response to this issue, the Applicant indicated in its submissions

that it “has offered to enter into arrangements with the Township to provide legal access

to the Township in accordance with the terms of the Easement should they wish to

access the SWM facilities” (hereinafter referred to as the “Legal Access Offer”). The

Applicant provided no further details about what this might precisely involve, nor did it

nor the Township make any reference to such a possible arrangement within its

respective proposed DPS Conditions appended hereto as Attachments 3 and 4.

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[27] The Tribunal finds that such an arrangement, if feasible, is important to consider,

given that much of the Township’s policy-based submissions respecting the

reasonableness of its proposed DPS Conditions is premised on a position that the

Municipality must have sufficient control over the SWM facilities located on the Golf

Course Lands. While the Township insists in its submissions that sufficient control can

only be achieved through ownership of the lands, the Tribunal finds that an alternative

to outright title ownership should at least be considered, if feasible, as part of the

present appeal.

[28] In addition, the Tribunal notes that, in the same way that the subject Easement

rights ‘run with the land’ to confer rights to individual homeowners who purchase lots of

the 2001 Subdivision, the same must also logically result in favour of the Township

regarding those lands of the 2001 Subdivision, internal to the subdivision, that are

conveyed to the Township (i.e., lands occupying public streets, parks, municipal

infrastructure, etc.).

Current Applications

[29] The Subject Lands / Phase 4 are currently draft plan approved for approximately

69 single-detached units, subject to the same DPS conditions as the balance of the

2001 Subdivision.

[30] In 2014, the Township approved OPA 36, which serves to re-designate portions

of the Subject Lands to permit higher density development.

[31] In 2016, in order to implement the increased density allowed by OPA 36, the

Applicant submitted applications for a ZBA and revised DPS, which were appealed for

non-decision in March 2021 (collectively, the “Current Applications”).

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[32] The Current Applications propose 23 single-detached residential lots (plus

Block 32, which is set aside for potential future development of two additional single-

detached residential lots) and 48 townhouse blocks.

[33] Mr. McCuaig, the Applicant’s municipal services / SWM expert, prepared the

Functional Servicing Report dated January 17, 2021 (the “FSR”) in connection with the

Current Applications addressing SMW servicing. The report proposes that the Current

Applications be designed to convey minor storm flows underground and major storm

flows overland to discharge into the existing SWM Pond #5 located on the Golf Course

Lands.

[34] This is the same scheme that was originally proposed and approved for Phase 4

of the 2001 Subdivision. The FSR denotes that the proposed SWM system meets all

required design standards and that sufficient flow volumes are present. The FSR

confirms that the development will be able to maintain a water balance with pre-

development conditions and can show a reduction in phosphorous runoff. Mr. McCuaig

confirmed in his Affidavit that he has been advised that both the Township and the

Nottawasaga Valley Conservation Authority (“NVCA”) are satisfied with the proposed

preliminary stormwater servicing analysis and SWM scheme, in principle, from an

engineering / technical standpoint.

ANALYSIS

[35] To repeat, the Township has not raised any issues with respect to the SWM

plans other than it relates to the ownership of the facilities that are located on the Golf

Course Lands. Further, to be clear, the Applicant is in agreement with the imposition of

all of the DPS conditions proposed by the Township, save and except for the imposition

of conditions associated with the conveyance of third-party-owned lands containing

SWM facilities designed to serve the needs of Phase 4 (such conditions are

incorporated into conditions 21, 26(e) and 42 of the Township’s DPS Conditions,

appended as Attachment 3). In its submissions, the Applicant has clarified that it is

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prepared to convey any part of the SWM system to the Township that is located on their

lands.

[36] Further, to be clear, Township staff, in addition to peer reviewers and external

agencies such as the NVCA, have raised no objections respecting the proposed

development from a land use planning standpoint, including no concerns about

proposed uses, density, compatibility, fit, or the layout of the subdivision. In summary,

the Township is supportive of the technical and planning aspects of the Current

Applications, save and except for the ownership of the SWM facilities’ lands.

[37] Setting aside the ownership issues associated with the subject SWM facilities, no

issues have been raised with respect to consistency with the Provincial Policy

Statement, 2020 (“PPS”), conformity to the Growth Plan for the Greater Golden

Horseshoe, 2020 (“Growth Plan”), the County of Simcoe Official Plan (“CSOP”), or the

Township’s Official Plan (“Township OP”).

[38] The ZBA application, alone, is uncontested and supported by the Township, with

the ownership of SWM lands having no bearing on this part of the Current Applications.

[39] Much of the DPS analysis can also be examined by the Tribunal from a policy

standpoint. For example, the proposed uses, density, compatibility, fit, and layout of the

DPS are principally unaffected by the ownership status of lands containing the subject

SWM facilities.

[40] As a result, and as a means to later focus exclusively on the contested issues,

the Tribunal will first examine the Current Applications while setting aside the issues

surrounding the ownership of lands containing the subject SWM facilities. Following this,

the Tribunal will focus on the contested issues, being a policy analysis associated with

municipal versus private ownership of lands containing the subject SWM facilities.

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Policy Context: Setting Aside the SWM Facilities Ownership Issues

[41] The evidence demonstrates that the Subject Lands are located within the

Settlement Area of Horseshoe Valley and are partially designated Horseshoe Valley

Low Density Residential (which permits single-detached dwellings) and Horseshoe

Valley Medium Density Residential (which permits single-detached, townhouses, and

mid-rise buildings) under OPA 36. There is no contest that the Current Applications

conform with the existing designations of the Subject Lands and an official plan

amendment is not required.

[42] The uncontested evidence also shows that the Current Applications lay out an

appropriate lotting fabric for Phase 4 to maintain conformity with the larger 2001

Subdivision and to ensure that Phase 4 can be implemented in a comprehensive

fashion with adjacent Phases 3 and 5.

[43] Through his Affidavit, Mr. Vella, the Applicant’s Land Use Planning Expert,

undertakes a detailed policy review of the Current Applications and concludes that the

Current Applications are consistent with the PPS, conforms to the Growth Plan, the

CSOP, and the Township OP, and it generally represents good planning in the public

interest.

[44] Mr. Witlib, the Township’s Land Use Planning Expert, focused his Affidavit

evidence exclusively on the SWM facilities ownership issues and, consequently, did not

provide evidence contrary to Mr. Vella’s opinion with respect to the balance of the policy

matters to consider respecting the Current Applications.

[45] As a result, when examining the merits of the Current Applications while setting

aside the SWM facilities ownership issues, the Tribunal relies principally on Mr. Vella’s

evidence and opinion.

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[46] Accordingly, while setting aside the SWM facilities ownership issues, the Tribunal

accepts Mr. Vella’s evidence and opinion and finds that the Current Applications have

sufficient regard for the applicable sections of the Planning Act (“Act”), are consistent

with the PPS, conform to the Growth Plan, the County and Township OPs, and

generally represent good planning in the public interest.

[47] A summary of Mr. Vella’s evidence in this regard is as follows.

Planning Act

[48] Given the nature of the proposal, including its current location within an identified

settlement area, existing land use designations which permit the form of development

proposed and current DPS approval status, the proposed applications appropriately

consider matters of provincial interest as set out in s. 2 and have sufficient regards for

the listed criteria of s. 51(24) of the Act.

[49] As it relates to s. 51(25) of the Act, the DPS Conditions proposed by the

Township are reasonable and appropriate, provided that the conditions requiring

conveyance of third-party-owned lands are set aside.

Provincial Policy Statement, 2020

[50] The PPS encourages the establishment of healthy, liveable and safe

communities and requires that sufficient land be made available to accommodate an

appropriate range and mix of land uses to meet projected intensification targets of the

community.

[51] Given the nature of the proposal, location of the Subject Lands, including existing

land use designations and current DPS approval status, the Current Applications are

consistent with the PPS in the following notable ways:

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

Part IV of the PPS supports the achievement of efficient development

patterns. Section 1.1.1 e) promotes the integration of land use planning,

growth management, transit-supportive development, intensification and

infrastructure planning to achieve cost-effective development patterns,

optimization of transit investments, and standards to minimize land

consumption and servicing cost. As it relates to this policy, the proposed

development aims to make efficient use of existing infrastructure, which in

turn will minimize land consumption and servicing costs.



Sections 1.1.3.1 and 1.1.3.2 provide that settlement areas shall be the

focus of growth and development. Land use patterns within settlement

areas shall be based on densities and a mix of land uses which “are

appropriate for, and efficiently use, the infrastructure and public service

facilities which are planned or available, and avoid the need for their

unjustified and/or uneconomical expansion”. As it relates to this policy, the

proposed development provides the desired increase in the supply of a

mix and range of housing types and makes use of existing infrastructure,

which was originally planned, approved and available to accommodate the

development of Phase 4.

[52] In summary, the proposed development supports PPS policies by providing an

increase in the supply of a mix and range of housing types while contributing to the

efficient use of existing public infrastructure.

A Place to Grow - Growth Plan for the Greater Golden Horseshoe, 2020

[53] The Growth Plan is a long-term plan that works with other provincial plans to

provide a framework for growth management in the Greater Golden Horseshoe Region.

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[54] Given the nature of the proposal, location of the Subject Lands, including existing

land use designations and current DPS approval status, the applications conform with

the Growth Plan in the following notable ways:



The proposed development is located in an area approved and designated

for residential development and uses that are in conformity with OPA 36.

The proposed DPS aims to increase density and permit an additional

housing type (townhouses) from what is currently approved, being more

consistent with the existing land use designations. By providing more

housing options, the development supports the achievement of complete

communities insofar as it provides an increase in housing stock for a wider

range of household sizes, ages and incomes.



The Current Applications optimize the use of existing land supply in a

designated settlement area in a more compact built form while making

better use of existing and planned infrastructure.

The Current Applications also support the forecasted growth on lands

currently permitted and draft approved for residential development,

thereby assisting the Township in achieving its density target of 32

residents and jobs combined per hectare.

[55] In summary, the Current Applications generally do not deviate from the

previously approved DPS. The proposed development, which accommodates

residential uses within a settlement area, meets the goals and objectives of the Growth

Plan, including the achievement of the minimum intensification targets established by

the Growth Plan.

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County of Simcoe Official Plan

[56] The Subject Lands are located within the Horseshoe Valley Settlement Area and

designated as Settlement as per Schedule 5.1: Land Use Designations of the CSOP.

The Current Applications conform with the CSOP in the following notable ways:



The Current Applications seek to develop lands which are located within a

settlement area, have existing draft plan approved status, appropriate land

use designations and can be effectively serviced while contributing to the

range of housing options within the Horseshoe Valley Settlement Area.



The proposed development will minimize land consumption through higher

density development (in conformity with OPA 36) while making use of

existing services and thus minimizing servicing costs.

The required infrastructure and public service facilities are approved and

exist, facilitating cost effective servicing of the proposed development. The

Current Applications promote sustainability and energy efficiency through

increased densities, which contribute to a complete community through

additional housing types. The CSOP specifically prioritizes infill and

intensification proposals, such as the Current Applications, that utilize

existing infrastructure and public service facilities. The previous phases of

the 2001 Subdivision have all sold out, demonstrating the need for new

units to be made available.



The proposed development is considered intensification in the context of

the CSOP and assists the Township in achieving its minimum

intensification target. Further, as previously indicated, the proposal also

meets the density target of 32 residents and jobs combined per hectare.

[57] In summary, the Current Applications generally do not deviate from the

previously approved DPS, except as it relates to increased density which is supported

by the implementation of OPA 36. The proposed development, which accommodates

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residential uses within a settlement area, meets the goals and objectives and conforms

to the CSOP.

Township of Oro-Medonte Official Plan

[58] The Subject Lands are located within the Horseshoe Valley Development Node

and are designated as Horseshoe Valley Medium Density Residential and Horseshoe

Valley Low Density Residential. The Current Applications conform to the Township OP

in the following notable ways:



The Subject Lands are located within a settlement area, where full sewer

services are anticipated to be available in the future and municipal water

services currently exist. The proposed development will be serviced

through an extension of the existing municipal water system and through

the existing Skyline Waste Water Treatment Plant with the intent to

connect to the municipal wastewater system when available.



The proposed development is located on lands within the Horseshoe

Valley Settlement Area, a focal point for growth within the Municipality and

which has been designated, zoned and DPS approved for residential use

and development since 2001. The proposed applications aim to expand

housing types and increase proposed densities on the Subject Lands in

conformity with OPA 36 by efficiently utilizing development lands for

medium and low-density residential uses. The development will also take

advantage of planned and existing infrastructure within a planned

community.



The Subject Lands are part of a comprehensive development plan for the

area. Three of the five phases of development have already been

registered. The proposed Phase 4 development will aid in achieving a

complete community with a wider range of housing types while

maintaining the character of the area. It will be serviced in a manner

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similar to existing development and previous phases. A large park area is

also planned for the future Phase 5 for current and future residents of the

area.



The proposed development pattern has been designed to provide logical

and efficient extensions of all municipal services. The proposed

applications will facilitate a more efficient use of the land than what is

currently permitted according to the existing zoning by-law while

contributing to the tax base to ensure no inefficiencies or decline in

municipal services will result from the development.



The Subject Lands will be serviced through an extension of the existing

municipal water system and existing Skyline Waste Water Treatment Plan

with the ultimate sanitary solution being a full municipal system as

identified through the ongoing Township Master Servicing Plan.

The proposed development provides a wider range of residential uses

than what is currently approved in a consolidated manner. The site is

surrounded by recreational uses and will be an integral part of a mixed-

use community, adding residents and consumers to assist in the viability

of commercial businesses.



There are no known or identified natural heritage features within the limits

of the development. The NVCA has indicated no objections to the Current

Applications subject to the proposed conditions of approval.

The proposed development conforms with various policies of the

Township OP based on permitted density (permitted being 30 units per

hectare, and proposed being approximately 14 units per hectare) and built

form (being single detached dwellings and townhouse dwellings).



The form of servicing proposed has been established in consultation with

Township staff and appropriate agencies. The required studies have been

completed and revised as needed in support of the proposed servicing

strategy. Neither Township staff nor applicable/appropriate agencies have

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expressed concern with the proposed form of servicing. The required

studies submitted in support of the Current Applications include:

-

Functional Servicing Report, Gerrits Engineering (2021)

Geotechnical Report, Terraprobe (2015)

Stage 1-2 Archaeological Assessment, Amick Consultants (2013)

Traffic Impact Study, Pearson Engineering and JD Engineering

(2014)

-

Natural Heritage Report, Azimuth Environmental Consulting (2016)



The proposed development represents the next phase of the Horseshoe

Ridge development and can be adequately serviced. The Current

Applications conform to the policies contained in sections C14.3.6.1

through C14.3.6.8 of the Township OP.

[59] In summary, the Current Applications generally do not deviate from the

previously approved DPS, except as it relates to increased density which is supported

by the implementation of OPA 36. The proposed development, which accommodates

residential uses within a settlement area, meets the goals and objectives and conforms

to the Township OP.

Summary and Conclusion while setting aside the SWM facilities ownership issues

[60] In summary, while setting aside the SWM facilities ownership issues, the Tribunal

finds that the Current Applications have sufficient regard for the applicable sections of

the Act (s. 2 and the criteria listed at s. 51(24)), are consistent with the PPS, conform to

the Growth Plan, the County and Township OPs, and represent good planning in the

public interest. Setting aside the conditions requiring conveyance of third-party-owned

lands, the DPS Conditions proposed by the Township are reasonable in accordance

with s. 51(25) of the Act.

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Policy Context: the SWM Facilities Ownership Issues

[61] As stated previously, this case is about the ownership status of the lands which

occupy the Phase 4 SWM facilities. The Township wants these lands conveyed to it as

part of the DPS Conditions. The Applicant is asking that the DPS not include such

conditions.

[62] At the center of these issues is an easement that was registered on title of the

Golf Course Lands in 2001. This Easement essentially provides rights to the owner(s) of

the 2001 Subdivision Lands as it relates to the subject SWM facilities. The Easement

runs with the 2001 Subdivision Lands. The parties are in agreement that, if this

Easement is left undisturbed, the subject Easement rights will eventually pass on to the

individual property owners of the subdivision, as these lots are sold to homeowners, and

the Applicant will eventually no longer hold any such rights once it no longer has any

property interests in the 2001 Subdivision Lands. The Tribunal also finds that the same

will occur in relation to any lands that are conveyed to the Municipality, provided that

such Easement rights are not released.

[63] It is noteworthy that SWM Pond #5 is currently being used to serve the SWM

needs of the Ridgewood Court subphase of the 2001 Subdivision, and a number of

other SWM ponds located on the Golf Course Lands currently serve the SWM needs of

the other phases of the 2001 Subdivision, despite the fact that these lands are located

on the Golf Course Lands and not otherwise owned by the Municipality.

[64] Despite the fact that SWM Pond #5 and other SWM ponds on the Golf Course

Lands are currently serving the SWM needs of the 2001 Subdivision, the Township

takes the position that it is not satisfied with the current arrangements for the SWM

facilities planned for Phase 4 (including SWM Pond #5) and, as a result, it insists that

the new revised DPS Conditions include a requirement to convey ownership of the

subject SWM lands to the Township.

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[65] The Township has identified two key reasons for their position:

1.

2.

Even if Easement rights or responsibilities are somehow provided to the

Township, the terms of the Easement are not acceptable; and

The Township’s proposed conditions, as it relates to conveyance of the

SWM facilities lands, are consistent with the PPS, have due regard for s. 2

and s. 51(24) of the Act, conform with the Township’s OP and otherwise

represents good planning.

Terms of the Easement and Associated Rights

[66] As mentioned above, the Applicant has tendered a Legal Access Offer to,

ostensibly, provide further rights to the Township associated with the subject SWM

facilities.

[67] In response to this conceptual proposal, the Township submitted that the terms

of the Easement are not adequate and, consequently, the Legal Access Offer would

provide unsatisfactory rights to access / maintain / repair / etc. the subject SWM

facilities on the Golf Course Lands. The Township raises the following points in support

of its opposition to any arrangement that falls short of it obtaining full title ownership of

the SWM facilities lands:



The Easement is currently a matter subject to litigation;

The terms of the Easement are not sufficiently clear;

The Easement contains provisions that could hinder the exercise of rights

thereunder by any party benefitting from the Easement; and



In general, the terms of the Easement are not adequate for the purposes

of ensuring adequate long-term maintenance and operation of the SWM

facilities.

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[68] As it relates to the above point concerning litigation associated with the

Easement, the Township submitted that “[t]he Township’s concerns about the meaning

of terms of the Easement are validated by the fact that HVD has initiated litigation

concerning the Easement”.

[69] However, the Tribunal notes, nothing was provided to clearly substantiate the

subject matter or the merits of that litigation. The Tribunal therefore finds that it is not in

a position to assess the merits of that litigation; nor is this the proper forum to do so in

any event. As a result, the Tribunal will disregard these submissions. The Tribunal will

instead remain focussed on the actual terms of the Easement from a planning policy

perspective, to assess whether or not the Easement is adequate to provide the

Township with sufficient access and other rights associated with the SWM facilities

located on the Golf Course Lands.

[70] The Tribunal considered the other submissions of the Township as it relates to

ambiguity of the terms of the Easement, including:



whether or not the specific terms of the Easement are sufficiently clear;

whether or not the Easement contains provisions that could unacceptably

hinder the exercise of rights thereunder by any party benefitting from it;



whether or not paragraph 5 of the Easement is capable of multiple

interpretations respecting when work may be scheduled;

how the terms of Easement, and in particular paragraphs 3 and 5, apply

when the Golf Course Lands are no longer being used as a golf course.

whether or not the terms of the Easement include any general right of

drainage over the Golf Course Lands.

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[71] The Tribunal finds that the terms of the Easement are sufficiently clear and

comprehensive, read in its entirety, as it relates to providing appropriate access to the

subject SWM facilities located on the Golf Course Lands.

[72] Of particular note, the Tribunal finds no ambiguity in Term 1 whatsoever, which

provides comprehensive and complete “free and uninterrupted and unobstructed right

and Easement to construct, operate and maintain […] such Stormwater Management

Facilities”. The Tribunal also finds no unacceptable hinderances of such rights. Term 1

further includes a general right of drainage over the Golf Course Lands, using the words

“under or across” in relation to “Stormwater Management Facilities”, which indicates

surface drainage overland as well as subsurface drainage.

[73] As it relates to any restrictions set out in Term 5, the Tribunal finds that this term

does not unacceptably hinder access, etc., on account of the property being used as a

golf course. The “emergency” caveat ensures that access, work, etc., may still be done

as needed in a timely way.

[74] In general, the Tribunal also finds that the Easement, read in its entirety, remains

clear and unambiguous despite the Golf Course Lands ceasing operations as a golf

course, including Terms 3 and 5. The Tribunal finds that, as a result of the fact that the

Golf Course Lands are no longer operating as a golf course, any incumbrances outlined

in Term 5 simply do not apply.

[75] In conclusion, the Tribunal finds that the terms of the Easement are clear and

unambiguous. The Easement provides terms which sufficiently provide both the

Township and the County with comprehensive access, maintenance and construction

rights with respect to the SWM facilities located on the Golf Course Lands. As a

consequence, the effectiveness of the Applicant’s conceptual Legal Access Offer is not

defeated due to the terms of the Easement.

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Policy Support of the Parties’ Respective DPS Conditions

[76] The appeal of the subject DPS Conditions is premised upon non-compliance with

s. 51(25) of the Act, which reads:

The approval authority may impose such conditions to the approval of a

plan of subdivision as in the opinion of the approval authority are

reasonable, having regard to the nature of the development proposed for

the subdivision […] [emphasis added]

[77] In the present case, to succeed with this appeal, the Applicant must prove the

following:

1.

2.

That the conditions proposed by the Municipality are not reasonable; and

That the alternative conditions proposed by the Applicant comply with the

Act and are otherwise supported by the applicable provincial and

municipal planning policies.

[78] To repeat, there is no contest between the parties from a policy standpoint

regarding any of the Township’s conditions, save and except for those conditions that

require conveyance of those parts of the Golf Course Lands that house the SWM

facilities designed to serve the SWM needs of Phase 4. As a result, and based on the

evidence of the parties’ respective experts, the Tribunal accepts that all of the

Township’s proposed conditions, save and except for those requiring conveyance of

third-party lands to the Municipality, are both reasonable and supported by the

applicable provincial and municipal planning policies.

[79] Upon this finding, the Tribunal’s analysis will focus on the reasonableness of

those parts of the Township’s proposed conditions that require the conveyance of third-

party-owned lands to the Municipality (being conditions 21, 26(e) and 42 of the

Township’s DPS Conditions, appended as Attachment 3), followed by an analysis to

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determine whether the alternative conditions proposed by the Applicant (as appended

as Attachment 4) are supported by provincial and municipal policies.

Reasonableness of the Township’s DPS Conditions

[80] The crux of this case is whether or not it is reasonable to require a developer to

convey lands that it does not own to a municipality as a condition of a DPS. There is no

question that, in general, the conveyance of lands housing SWM facilities to a

municipality is preferred and supported by policy (see PPS policy 1.6.6.2 in particular,

as examined in greater detail below). However, where it is not feasible to convey such

lands, especially those lands that have already been planned, approved and

constructed to house SWM facilities off-site, it is unreasonable to invoke such a

requirement because the developer has no power to satisfy the condition.

[81] Both parties acknowledge that the elements to be considered in assessing

whether a condition is reasonable is set out in Taylor v. Guelph (City), [1998] O.M.B.D.

No. 869, being: (1) relevancy; (2) necessity; and (3) equity. For the reasons that follow,

the Tribunal finds the impugned conditions to be relevant, but neither necessary nor

equitable.

[82] The Tribunal finds the conditions to be relevant because the Township has an

obvious interest in the future access, management and upkeep of the subject SWM

facilities.

[83] In support of its position, the Applicant drew the Tribunal’s attention to

Havenwood Properties (Central Limited) v. Brampton (City), 2019 LNONLPAT 836. In

that case, the Tribunal held that it could not impose conditions that would require the

consent and action of a third-party. In that case, the Tribunal found those conditions to

be patently unreasonable and virtually guaranteed that the development would be

unable to proceed in any practical sense.

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[84] The Tribunal finds the same in the present case. Such a condition is

unreasonable for being unnecessary, because the SWM facilities that are located off-

site, being planned, approved and constructed to serve the requisite SWM needs of

Phase 4, are subject to an easement which provides the Township (and County) with

sufficient access and other rights to maintain / improve the facilities as needed. In other

words, a transfer of ownership is unnecessary for it to serve its planning purposes.

[85] The Tribunal further finds these conditions to be unnecessary given that other

SWM facilities for Phases 1 to 3 and the Ridgewood Court subphase have apparently

operated without issue despite the facilities (including SWM Pond #5) being located on

lands not owned by the Municipality.

[86] The Tribunal also finds these contested conditions inequitable, given that it

essentially compels the Applicant to broker a sale of the Golf Course Lands without any

power to do so. At the same time, the Township could, in theory, if it absolutely

determined that it must own these lands, expropriate those parts of the Golf Course

Lands containing the SWM facilities. The Tribunal does not accept the Township’s

submissions claiming “[expropriation] could be construed as an attempt by the

Township to interfere with the existing contractual relations of the owner of the Golf

Course Lands”, as it provided no evidence to support such a contention.

[87] The Township argues that the reasonableness of requiring the conveyance of all

lands containing SWM facilities is supported by polices of the PPS. The Tribunal

recognizes the following polices of the PPS as being the most relevant:

1.6.3.

Before consideration is given to developing new infrastructure

and public service facilities:

a)

the use of existing infrastructure and public service

facilities should be optimized; and

b)

opportunities for adaptive re-use should be

considered, wherever feasible.

1.6.6.1 Planning for sewage and water services shall:

a)

accommodate forecasted growth in a manner that

promotes the efficient use and optimization of existing:

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1.

2.

municipal sewage services and municipal

water services; and

private communal sewage services and

private communal water services, where

municipal sewage services and municipal

water services are not available or feasible;

[…]

d)

integrate servicing and land use considerations at all

stages of the planning process; and

e)

be in accordance with the servicing hierarchy outlined

through policies 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5.

For clarity, where municipal sewage services and

municipal water services are not available, planned or

feasible, planning authorities have the ability to

consider the use of the servicing options set out

through policies 1.6.6.3, 1.6.6.4, and 1.6.6.5 provided

that the specified conditions are met

1.6.6.2 Municipal sewage services and municipal water services are

the preferred form of servicing for settlement areas to support

protection of the environment and minimize potential risks to

human health and safety. Within settlement areas with existing

municipal sewage services and municipal water services,

intensification and

1.6.6.3 Where municipal sewage services and municipal water

services are not available, planned or feasible, private

communal sewage services and private communal water

services are the preferred form of servicing for multi-unit/lot

development to support protection of the environment and

minimize potential risks to human health and safety.

1.6.6.7 Planning for stormwater management shall:

a)

be integrated with planning for sewage and water

services and ensure that systems are optimized,

feasible and financially viable over the long term;

[…]

f)

promote stormwater management best practices,

including stormwater attenuation and re-use, water

conservation and efficiency, and low impact

development.

[88] The following definition is provided in the PPS:

Municipal sewage services: means a sewage works within the meaning

of section 1 of the Ontario Water Resources Act that is owned or

operated by a municipality, including centralized and decentralized

systems.

[89] Pursuant to s. 1 of the Ontario Water Resources Act, the following definitions

apply:

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“sewage works” means any works for the collection, transmission,

treatment and disposal of sewage or any part of such works, but does

not include plumbing to which the Building Code Act, 1992 applies;

“sewage” includes drainage, storm water, commercial wastes and

industrial wastes and such other matter or substance as is specified by

the regulations; [emphasis added]

[90] The Tribunal agrees with the Township insofar as policy 1.6.6.2 of the PPS

clearly indicates that “[m]unicipal sewage services and municipal water services are the

preferred form of servicing for settlement areas”, and the definition of “municipal sewage

services” includes “sewage works” that are “owned or operated by a municipality”.

However, the PPS clearly contemplates scenarios where these works are not

necessarily owned by the municipality, given the word “or” (as per “owned or operated”)

included in the definition of “municipal sewage services”.

[91] Furthermore, policy 1.6.6.3 of the PPS provides even greater clarity insofar as

the PPS contemplates circumstances where privately held sewage works are policy-

supported. Policy 1.6.6.3 states that “[w]here municipal sewage services and municipal

water services are not available, planned or feasible, private communal sewage

services and private communal water services are the preferred form of servicing”. In

the present case, the Tribunal finds that the evidence clearly shows that municipally-

owned sewage works (as it relates to SWM Pond #5) are neither planned nor feasible.

[92] The balance of the Township’s submissions in support of its position ultimately

always circles back to the same considerations as expressed above in relation to policy

1.6.6.2 of the PPS. It is therefore clear to the Tribunal that the issues of this case are

principally determined in accordance with the above noted sections of the PPS. The

written submissions of both parties further reflect this.

[93] The Tribunal also finds that the Township has failed to sufficiently consider those

PPS policies, which speak of using and optimizing existing / planned infrastructure and

public service facilities. The Tribunal finds that these polices are not supported by the

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Township’s version of the DPS Conditions which have the effect of frustrating the

Applicant’s efforts to use and optimize the existing / planned SWM facilities located on

the Golf Course Lands.

[94] In conclusion on this point, the Tribunal finds that those DPS Conditions

proposed by the Township, which compel the conveyance of third-party-owned lands, to

be unreasonable contrary to s. 51(25) of the Act, and also inconsistent with PPS

policies designed to use and optimize existing / planned infrastructure.

DPS Conditions Proposed by the Applicant

[95] The Tribunal generally finds that the DPS Conditions proposed by the Applicant

(appended as Attachment 4) to be reasonable pursuant to s. 51(25) of the Act and

supported by the policies outlined in the PPS associated with making efficient use and

optimization of existing / planned infrastructure.

[96] Furthermore, the Applicant’s proposed DPS Conditions have sufficient regard for

matters of provincial interest set out in s. 2 of the Act, including subsection (f), and the

criteria set out at s. 51(24) of the Act, including subsections (a) and (i) in particular.

[97] Notwithstanding the above, the Tribunal notes that the evidence also shows that

the Applicant has tendered a Legal Access Offer to the Township, which ostensibly may

secure additional rights to the Township associated with the subject SWM facilities.

[98] While lacking particulars, this fact is relevant given that the PPS clearly indicates

that SWM facilities be managed in accordance with the servicing hierarchy outlined

through policies 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5. By plain reading of these sections,

it is clear that the intent of the PPS is to vest as much control over such works as

possible in the hands of the municipality. This objective cannot be ignored by the

Tribunal. While this does not necessarily mean ownership, and ownership has been

found to be infeasible and unplanned in the present case, the stated hierarchy

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nevertheless directs this Tribunal to prefer conditions that grants the municipality with as

much control over SWM works as is practicably possible.

[99] With this in mind, the Tribunal notes that neither of the parties presented the

Tribunal with a version of DPS Conditions (see Attachments 3 and 4) that contemplates

a method to provide further rights to the Municipality associated with the off-site SWM

facilities – such as through the aforementioned Legal Access Offer. This is despite the

Applicant indicating that such a method may be at hand. As a result, this Tribunal held a

brief VH with the parties on April 19, 2022 to discuss the possible merits of adding

conditions to reflect what has been referred to as the Legal Access Offer.

The April 19, 2022 Hearing and Jointly Submitted DPS Conditions

[100] At the April 19, 2022 hearing, the Tribunal delivered the above findings to the

parties orally, insofar as the Tribunal found that the Township’s conditions to require

conveyance of the third-party-owned lands are unreasonable, and that the terms of the

Easement are unambiguous and provide a comprehensive and complete assortment of

access and other rights in relation to the SWM facilities located on the Golf Course

Lands. The Tribunal followed by asking the parties for submissions on the merits of

adding DPS conditions to reflect what has been referred to as the Legal Access Offer.

[101] At the hearing, the Applicant confirmed that the terms of the Easement do not

allow a formal “assignment” of the subject Easement rights, in the legal sense of the

term, but it is possible to enter into an agency agreement with the Township as it relates

to access, operation, maintenance and repair the subject SWM facilities set out in the

Easement. Furthermore, the Applicant confirmed that the recognition of such an agency

agreement could be included as a condition of sale in relation to the Phase 4

development lots. The parties also acknowledged that the Township will probably

receive some automatic Easement rights together with lands that are conveyed to it as

part of the Phase 4 development (i.e., together with lands for roads, parks and

municipal services).

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[102] At the hearing, the Township was receptive of the concept of obtaining as much

control over the subject SWM facilities on the Golf Course Lands as possible, and

indicated an interest in pursuing any such DPS Conditions which would provide such

benefits.

[103] The parties were then invited and agreed to work on a joint revision of the

proposed conditions that reflect both the Tribunal’s Decision regarding the

unreasonableness of the Township’s requirement to convey ownership of the third-

party-owned lands, and those polices of the PPS which indicate a preference to

maximize the municipality’s rights and associated control over SWM facilities. The

parties were further asked to provide any supporting planning evidence required to

support such conditions in writing.

[104] As requested, the Tribunal received the jointly submitted revised version of the

DPS conditions which reflect the above (appended as Attachment 5). Two conditions

were added, at Nos. 54 and 55 (collectively, the “Agency Conditions”), which read as

follows:

54.

That prior to final approval the Owner enter into an Agency

Agreement with the Township of Oro-Medonte in regards to the access,

operation, maintenance and repair of certain Stormwater Management

Facilities, which shall be attached as a schedule to the Subdivision

Agreement registered on title.

55.

That the Subdivision Agreement contain the following clause to

the satisfaction of the Township of Oro-Medonte: "The owner shall

include in all agreements of purchase and sale a clause requiring

prospective purchasers to acknowledge the contents of the Agency

Agreement between the Owner and the Township of Oro-Medonte

attached as Schedule “X” to this Agreement”.

[105] Through a supplementary affidavit, Mr. Vella testified that the purpose of the

Agency Agreement is to allow the Township, as the Applicant’s Agent, to operate,

maintain and repair the SWM facilities within the parameters of what is permitted within

the existing Easement. Furthermore, subsequent owners of each lot would

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acknowledge the existence of the Agency Agreement through individual agreements of

purchase and sale.

[106] Mr. Vella accordingly opined that the Agency Conditions meet the requirements

under the Act, are consistent with provincial policy, and constitute good planning for the

following reasons:



The Agency Conditions have appropriate regard for matters of provincial

interest as set out in s. 2 of the Act and, particularly, the adequate

provision and efficient use of existing sewage services;

The Agency Conditions have regard for the criteria required by s. 51(24)

and are reasonable in accordance with s. 51(25) of the Act by supporting

and facilitating access to and the maintenance, operation and repair by

the Township, while ensuring that prospective purchasers are made aware

of the agreement by including the Agency Agreement within the

Subdivision Agreement, registered on title;



The Agency Conditions are consistent with the PPS as follows:

-

Section 1.6.6.3 of the PPS recognizes that where full municipal

sewage and water services are not available, private communal

sewage and water services are the preferred form of servicing, and

the proposed SWM facilities constitute a private communal sewage

service as permitted by the PPS and consistent with the existing

service levels within the Horseshoe Valley Settlement Area.

-

Section 1.6.6.2 of the PPS recognizes full municipal sewage and

water services as the preferred form of servicing for settlement

areas, with municipal sewage services being defined as “owned or

operated by a municipality”, and the Agency Conditions will

facilitate Municipal operation of the SWM Facilities. [emphasis

added]

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[107] The Tribunal accepts this additional evidence and similarly finds that the Agency

Conditions, as set out above, meet the requirements of the Act, are consistent with the

PPS, and generally constitute good planning in the public interest. Consequently, the

Tribunal finds that these additional conditions should be added to the version submitted

by the Applicant as Attachment 4, constituting the jointly submitted version of DPS

Conditions appended as Attachment 5.

SUMMARY AND CONCLUSION

[108] The Tribunal finds that the Current Applications have sufficient regard for the

applicable sections of the Act (s. 2 and the criteria of s. 51(24)), are consistent with the

PPS, and conform to the Growth Plan, the CSOP, and the Township OP, and the

proposed ZBA and DPS (including conditions, as jointly submitted) otherwise represent

good planning and are in the public interest.

[109] Furthermore, the Tribunal confirms that it has had regard for the decisions by the

Township in relation to this matter, as well as the information and material that the

Township considered in making its decision, in accordance with s. 2.1 of the Act.

ORDER

[110] THE TRIBUNAL ORDERS that:

1.

The appeal is allowed in part and the instruments are approved as follows:

(a)

By-law No. 97-95 of the Township of Oro-Medonte is hereby

amended as set out in Attachment 1 to this Order. The Tribunal

authorizes the Municipal Clerk of Township of Oro-Medonte to

assign a number to this by-law for record keeping purposes.

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(b)

The Draft Plan of Subdivision prepared by Innovative Planning

Solutions dated April 26, 2018, attached to this Order as

Attachment 2, is approved subject to fulfillment of the conditions

attached to this Order as Attachment 5. Pursuant to subsection

51(56.1) of the Planning Act, the Township of Oro-Medonte 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 Planning Act.

“K.R. Andrews”

K.R. ANDREWS

MEMBER

Ontario Land Tribunal

Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning

Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as

the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the

former Ontario Municipal Board is deemed to be a reference to the Tribunal.

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OLT-22-003583 – Attachment 1

THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE

ZONING BY-LAW NUMBER -2021

“A By-law of the Township of Oro Medonte to amend Zoning By-Law No. 97- 95 by

rezoning portions of the lands described as Part of Lot 4, Concession 4 (Oro) in the

Township of Oro Medonte, County of Simcoe from Residential 1 Exception 140 (R1*140)

to Residential 1 Exception

(R1* X), Residential 1 Exception (R1*Y), Residential 1

Exception Hold (R1*Y)(H), and Residential 2 Exception (R2* ), as depicted on Schedule

A attached hereto”

WHEREAS the Council of the Corporation of the Township of Oro-Medonte is

empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the

Planning Act, R.S.O 1990, c.P.13, as amended;

AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has

determined a need to rezone the lands described above;

AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems

the said application to be in conformity with the Official Plan of the Township of Oro-

Medonte, as amended, and deems it advisable to amend By- law 97-95.

NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as

follows:

1.

That Schedule “A15” to By-law 97-95 is hereby further amended by rezoning

those lands described as Part of Lot 4, Concession 4 (Oro) in the Township of

Oro Medonte from Residential One Exception 140 (R1*140) to Residential One

Exception - (R1* X) Zone, Residential One Exception – (R1*Y) and Residential

Two Exception - (R2*

) Zone as shown on Schedule “A” to this By-law.

2.

3.

Notwithstanding Table A1 of Zoning By-law 97-95, only the following uses are

permitted on lands zoned Residential One Exception – (R1*- Y):



Single detached dwellings

Accessory uses

THAT the (H) symbol that appears on Schedule “A” attached hereto identifies a

Holding Zone pursuant to Section 36 of the Planning Act, R.S.O. 1990,

c. P.13. This indicates that the lands so zoned cannot be used for a purpose

permitted by the Residential 1 Exception (R1*Y) zone until the (H) symbol is

removed pursuant to Section 36 of the Planning Act. The (H) provision shall be

lifted upon completion of the following matters to the satisfaction of The

Corporation of the Township of Oro-Medonte:

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OLT-22-003583

That the owner demonstrate to the satisfaction of the Township that a suitable

building envelope or envelopes can be placed on the lands to be rezoned

Residential One Exception Hold (R1*Y)(H).

4.

Notwithstanding Table B1 of Zoning By-law 97-95, single detached dwellings on

lands zoned Residential One Exception - (R1* X) and Residential One Exception

(R1*Y) shall be permitted the following provisions:

For Single Detached Dwellings:

.

Minimum Lot area of

Minimum Lot Frontage of

Minimum Front Yard

420 m²

14.5 m

o

to dwelling

to garage

4.5 m

6.0 m

.

Minimum Rear Yard

o

to dwelling

to deck

7.5 m

4.5 m

3.0 m

1.2 m

11.0 m

50 %

.

Minimum Exterior Side Yard

Minimum Interior Side Yard

Maximum Building Height

Maximum Building Coverage

5.

Notwithstanding Table B1 of Zoning By-law 97-95, townhouse dwellings on lands

zoned Residential Two Exception - (R2* - ) Zone shall be permitted the following

provisions:

For townhouse dwellings:

.

Minimum Lot area of

Minimum Lot Frontage of

Minimum Front Yard

320 m²

9.0 m

o

to dwelling

to garage

4.5 m

6.0 m

.

Minimum Rear Yard

o

to dwelling

to deck

7.5 m

4.5 m

3.0 m

.

Minimum Exterior Side Yard

Minimum Interior Side Yard

o

for interior unit

for end unit

0 m

1.5 m

11.0 m

50 %

.

Maximum Building Height

Maximum Building Coverage

6.

7.

That all other provisions of the Zoning By-law 97-95, as amended, shall apply.

That Schedule “A”, attached, does and shall form part of this By-law.

39

OLT-22-003583

8.

That this By-law shall come into force and take effect on the date of passing

thereof, subject to the provisions of Section 34 of The Planning Act, R.S.O., 1990,

as amended.

BY-LAW READ A FIRST, SECOND AND THIRD TIME THIS

, 2021.

DAY OF

Mayor

Clerk

40

OLT-22-003583

41

OLT-22-003583

OLT-22-003583 – Attachment 2

42

OLT-22-003583

OLT-22-003583 – Attachment 3

The Township’s conditions and amendments to final plan approval for registration of this

subdivision are as follows:

No. Conditions

Township of Oro-Medonte

Planning Division

1.

That this approval applies to the draft plan prepared by Innovative Planning

Solutions, dated April 26, 2018, showing a total of 73 residential units comprised

of 25 single detached residential lots, 2 blocks containing 48 townhouse units, 2

blocks for pathways, 2 blocks for 0.3 metre reserves and 1 block for a temporary

turning circle pending future extension of Landscape Drive.

2.

3.

That prior to final approval the appropriate zoning shall be in effect for this

subdivision, in accordance with the provisions of the Planning Act.

Prior to final approval of the Plan, the Owner shall provide the Township with

evidence in the form of an Ontario Land Surveyor Certificate that:

a) Any existing buildings or structures on the lands as of the date of final

approval, are situated so as to comply with applicable zoning by-laws after

registration of the plan; and

b) All lot frontages and lot areas within the plan conform to the Township of Oro-

Medonte Zoning By-law.

4.

That prior to final Plan approval, the road allowances included within this draft

Plan of Subdivision shall be named to the satisfaction of the Township of Oro-

Medonte. The Owner shall agree in the Subdivision Agreement that all street

names shall be identified to the satisfaction of the Township prior to construction

of any buildings.

5.

6.

That the Owner shall agree in the Subdivision Agreement that a municipal

numbering system be assigned to the satisfaction of the Township of Oro-

Medonte.

That the owner shall enter into a subdivision agreement with the Township of

Oro-Medonte, agreeing to satisfy all conditions, financial and otherwise, of the

Township of Oro-Medonte.

43

OLT-22-003583

7.

8.

That the subdivision agreement between the Owner and the Township of Oro-

Medonte be registered by the Municipality against the lands to which it applies,

pursuant to the provisions of the Planning Act.

The Owner shall agree in the Subdivision Agreement that all applicable

Development Charges will be paid when the Building Permit is received in

accordance with the Township’s Development Charges By-law, the County of

Simcoe Development Charges By-law and Education Charges By-law subject to

any applicable development charge credits and any other agreements with the

Township and/or the County.

9.

That the road allowances included within this draft plan of subdivision shall be

dedicated as a public highway without monetary consideration and free of all

encumbrances.

10.

11.

That the 0.3 metre reserves included within this draft plan of subdivision shall be

conveyed to the Township of Oro-Medonte without monetary consideration and

free of all encumbrances.

That Owner shall submit, to the satisfaction of the Township of Oro-Medonte, a

Tree Assessment and Inventory prepared by a qualified arborist. No tree

removal, grading, filling or excavation shall take place on the subject property

prior to the Township’s acceptance of the Tree Assessment and Inventory and

approval of servicing/pre-servicing works.

12.

That the Subdivision Agreement contain the following clause to the satisfaction of

the Township of Oro-Medonte: “The owner shall include in all offers of purchase

and sale for Lots 2 & 3 a clause advising prospective purchasers that portions of

the Lots are subject to an existing easement which restricts development on

those portions of the lands subject to the easement”.

Development Engineering Division

13.

That the final alignment and radii of all roads be designed to the satisfaction of

the Township of Oro-Medonte in accordance with the Township’s Development

Engineering Policies, Process and Design Standards. The costs of all

construction will be at the expense of the Owner.

14.

15.

The pattern of streets and the layout of reserve blocks within this draft Plan of

Subdivision shall be designed to align precisely with the pattern and layout for

existing plans.

That all streets shall be designed and constructed in accordance with the

Township of Oro-Medonte’s Development Engineering Policies, Process and

Design Standards, to a Local Residential Standard No. 3.5-02. The costs of all

construction will be at the expense of the Owner.

44

OLT-22-003583

16.

17.

The Owner shall agree in the Subdivision Agreement that construction access

shall be provided only in a location approved by the Township.

The Owner shall agree in the Subdivision Agreement that all portions of public

highways (rights-of-ways) which are not to be paved and all drainage swales on

public or private property shall be graded and sodded in accordance with the

standards of the Township.

18.

19.

The Owner shall agree in the Subdivision Agreement to grade and seed all

undeveloped lands within the plan, other than conservation lands, and to

maintain, to the satisfaction of the Township, all undeveloped lands within the

plan.

Prior to final Plan approval, the Owner shall provide adequate storm drainage

outlets including any necessary drainage easements to the satisfaction of the

Township of Oro-Medonte.

20.

21.

That such easements as may be required for utility or drainage purposes shall be

granted to the appropriate authority.

That the Owner shall agree in the Subdivision Agreement, that such easements

and land dedications as may be required for access, drainage, servicing, utilities

and construction purposes shall be designed to the satisfaction of, and granted

to, the appropriate agencies or authorities, free and clear of all encumbrances, to

the satisfaction of the Township of Oro-Medonte and all appropriate agencies or

authorities. Such easements shall be dedicated to the appropriate approval

authority at the Owner’s expense.

22.

That prior to final Plan approval, a plan or plans shall be prepared to the

satisfaction of the Township’s Manager, Development Engineering showing:

a)

b)

c)

d)

e)

f)

g)

h)

i)

drainage control measures;

general lot grading including existing and proposed elevations;

building envelopes;

erosion control measures;

location and type of drinking water supply;

location and type of sewage disposal system;

location of all existing wells on abutting properties;

design details for the emergency access; and

locations of streetscape features, utilities, driveways and landscaping.

These approved plan(s) will form part of the Subdivision Agreement with the

Township of Oro-Medonte.

The Owner shall agree in the Subdivision Agreement that the Owner’s Consulting

Engineer may be required to check the elevations of the building footings and top

45

OLT-22-003583

of foundation, prior to further construction, to ensure conformity with the

approved plans noted above.

23.

24.

That the Owner shall agree in the Subdivision Agreement that the Owner’s

Consulting Engineer shall be required, prior to the issuance of a Final Inspection

Report, to certify in writing that the installed works have been carried out in

accordance with the approved plans.

The Owner shall provide to the Township, engineering drawings for, and shall

agree in the Subdivision Agreement to install, to the satisfaction of the Township,

watermains and hydrants, sanitary sewage works, storm sewer works, adequate

pavement width for roadways, regulatory signs, street name signs, street lighting,

street name signs, municipal address signs, and any other services or facilities

as required. The Owner shall not connect any watermain or sewer to existing

municipal systems without the written approval of the Township. All lands to be

conveyed to the Township for open space purposes and all easements shall be

shown on the engineering drawings. The Owner shall obtain the approval of the

County and/or Ministry of Environment, Conservation and Parks for the

installation of watermains, sanitary sewer works, and storm sewer works.

Furthermore, the subdivision agreement will stipulate that hydrant markers be

placed to the satisfaction of the municipality.

Further, the Owner shall agree in the Subdivision Agreement that the plan or any

portion thereof shall not be granted final approval and registered until:

 adequate water supply capacity is available, as determined by the Township,

and has been allocated, by the Township to the Plan.

 adequate sanitary sewage disposal capacity and allocation have been

confirmed available by the operator of the private wastewater treatment plant

or confirmed and allocated by the Township to the Plan, as the case may be.

And further, the Owner shall agree in the Subdivision Agreement that the Owner

shall save harmless the Township and the County of Simcoe from any claim or

action as a result of water service or sanitary sewage service not being available

when anticipated.

25.

The Owner shall agree in the Subdivision Agreement:

a) to be responsible for the proper drainage within this draft Plan of Subdivision

and the effect of such drainage on all lands abutting this draft plan;

b) that all lot and block grading plans shall be prepared by the Owner’s

Consulting Engineer in accordance with the Township’s Development

Engineering Policies, Process and Design Standards and to provide individual

lot grading plans for each lot on the plan prior to the issuance of building

permits;

46

OLT-22-003583

c) that for the purpose of preparation of the overall lot and/or block grading plans

and the individual lot grading plans, the Owner shall comply with the

Township Zoning By-law with respect to usable yard criteria;

d) to develop the lands within the plan in accordance with the approved grading

plans and individual lot grading plans.

26.

Prior to final approval of the draft plan or any portion thereof, arrangements

satisfactory to the Township shall be in place to provide for the following

community services (at a time and with securities satisfactory to the Township

and with the conveyance of the necessary lands or easements for the community

services to the Township at a time satisfactory to it), which community services

are in accordance with, or necessarily incidental to the Functional Servicing

Report prepared by Gerrits Engineeering Ltd.:

a) construction of the public roads within the draft plan together with all

appurtenant watermain(s), sanitary sewer(s), and storm drainage sewer(s)

thereunder;

b) construction of the piped water supply system and appurtenances external to

the draft plan, including upgrades to the existing system, for the pressure

district servicing the draft plan (to the satisfaction of the Township) and

construction of the piped water supply system to service the draft plan, all as

outlined in the FSR;

c) construction of the communal sanitary sewage supply system and

appurtenances external to the draft plan, and construction of the sanitary

sewage system to service the draft plan, all as outlined in the FSR;

d) construction of the stormwater management system to service the draft plan,

including stormwater management treatment measures as shown in the FSR,

together with required improvement to the existing external stormwater

system for safe conveyance to existing outlets; and

e) conveyance of all lands external to the draft plan required for municipal

servicing purposes, all as outlined in the FSR.

27.

Prior to any grading, stripping or servicing of the lands included within the draft

plan, the Owner shall provide a detailed Functional Servicing Report. This report

shall be completed to the satisfaction of the Manager, Development Engineering

and shall address:

a) stormwater management retention and conveyance methods, low impact

development and end-of pipe practices to be implemented within and external

to the draft plan to address water quantity, water quality and erosion control;

b) the protection of groundwater quality and quantity;

c) the stormwater management design, inspection, operation and maintenance

procedures and associated costs; and,

erosion and sediment control measures to be implemented before stripping

and grading of the subject lands to protect downstream watercourses and

environmental features.

47

OLT-22-003583

28.

29.

That the Owner shall agree in the Subdivision Agreement that the water

distribution system for this plan shall be looped within this draft Plan of

Subdivision and that allowance shall be made for the future servicing of parcels

of land abutting this draft Plan of Subdivision as required by the Township.

That prior to final approval, an amended Environmental Compliance Approval

from the Ministry of Environment, Conservation and Parks be obtained with

respect to ownership and operation of the waste treatment facility. That the

owner is required to advise all prospective purchasers that the waste treatment

facility is privately owned and operated and not under the control of the

Township.

30.

31.

32.

33.

That prior to final approval, an amended Environmental Compliance Approval

from the Ministry of Environment, Conservation and Parks be obtained with

respect to ownership and operation of the stormwater facilities.

That prior to final approval, an amended Environmental Compliance Approval

from the Ministry of Environment, Conservation and Parks be obtained with

respect to ownership and operation of the water works facilities.

That the Ministry of Environment, Conservation and Parks receive a fully

executed copy of the subdivision agreement to ensure that conditions are being

fulfilled.

The Owner shall agree in the Subdivision Agreement that the plan or any portion

thereof shall not be granted final approval and registered until:

 adequate water supply is available, as determined by the Township and has

been allocated, by the Township to the Plan.

 adequate sanitary sewage disposal capacity and allocation have been

confirmed available by the operator of the private wastewater treatment plant

or confirmed and allocated by the Township to the Plan, as the case may be.

34.

35.

The Owner shall agree in the Subdivision Agreement that the Owner shall save

harmless the Township and the County of Simcoe from any claim or action as a

result of water and/or sewage services not being available when anticipated.

That the Owner promptly acknowledge in writing to the Township that draft

approval of this subdivision does not include a commitment by the Township of

servicing capacity, allocation or availability and that adequate servicing capacity

and availability must be confirmed to the satisfaction of the Township prior to final

approval of the subdivision for registration purposes.

48

OLT-22-003583

Operations and Community Services

36.

That the subdivision agreement between the Owners and the Township contain

provisions whereby the Owner agrees to convey land to the Township for parks

purposes and/or cash in lieu of parkland pursuant to Section 42 of the Planning

Act, and whereby the Owner agrees to a contribution, to the satisfaction of the

Township, towards public recreation facilities in lieu of private recreation facilities

deleted from the phase formerly known as Landscape Drive Phase 3 and now

known as Horseshoe Ridge.

Nottawasaga Valley Conservation Authority

37.

That prior to final approval the following shall be prepared to the satisfaction of

the Nottawasaga Valley Conservation Authority and Township of Oro-Medonte:

 A detailed Stormwater Management Report;

 Detailed Erosion Control Plan(s);

 Detailed Grading Plan(s);

 A detailed Geotechnical Report for the storm water facilities;

 A stand-alone Operations and Maintenance manual for the stormwater

management facility; and

 Detailed landscaping plan(s) for the storm water management facility.

38.

39.

40.

That the draft plan be revised in order to meet the requirements of the above

condition including providing for a larger stormwater pond block (if necessary) to

the satisfaction of the Nottawasaga Valley Conservation Authority and the

Township of Oro-Medonte.

That the owner shall agree in the Subdivision Agreement, in wording acceptable

to the Nottawasaga Valley Conservation Authority, to carry out or cause to be

carried out the recommendations and measures contained within the plans and

reports set out above.

That the owner shall agree in the Subdivision Agreement, in wording acceptable

to the Nottawasaga Valley Conservation Authority, to ensure that all sediment

and erosion control measures will be in place prior to any site alteration. The

agreement must also contain a provision stating that all major stormwater

management facilities must be in place prior to the creation of impervious areas

such as roads and buildings.

41.

That the owner shall agree in the Subdivision Agreement to engage a qualified

professional to certify in writing that the works were constructed in accordance

with the plans, reports and specifications, as approved by the Nottawasaga

Valley Conservation Authority.

49

OLT-22-003583

42.

43.

That the stormwater management facility and any easements required for

stormwater drainage purposes shall be dedicated/granted to the Township of

Oro-Medonte.

That the Nottawasaga Valley Conservation Authority is notified in writing through

a copy of the passed zoning by-law including its text and schedule that the storm

water management facility has been restrictively zoned.

County of Simcoe

44.

45.

That the Owner promptly acknowledge in writing to the Township and to the

County of Simcoe Planning Department that, prior to development of that portion

of the draft plan outside of the phase known as Landscape Drive Phase 4, the

Owner may be required to complete additional Ministry of Environment,

Conservation and Parks D-4 Guideline Assessments due to the presence of a

nearby non-operating landfill on lands outside of the draft plan.

That the subdivision agreement between the Owner and the Township contain a

clause alerting future occupants of the subdivision to the presence of a nearby

non-operating landfill on lands outside of the draft plan and that occupants may

be subject to nuisance effects resulting from the non-operating landfill and,

further, that the Owner agrees to insert a similar clause in all offers and

agreements of purchase and sale. The wording of this clause is to be to the

satisfaction of the Township and the County of Simcoe Planning Department.

46.

That prior to final approval a Traffic Impact Study be submitted to the County

Engineer for approval. Completion of the study may require the applicant to

enter into agreements with the County for road Improvements, including

implementation, intersection design, and signalization. Any road improvements

that are attributable and benefiting the proposed development(s) would be the

financial responsibility of the proponent.

District School Boards

47.

That the Subdivision Agreement contain the following clause to the satisfaction of

the Simcoe Muskoka Catholic District School Board: "The owner shall include in

all offers of purchase and sale a clause advising prospective purchasers that

pupils from this development attending educational facilities operated by the

Simcoe Muskoka Catholic District School Board may, be transported

to/accommodated in temporary facilities out of the neighbourhood school's area."

48.

That the Subdivision Agreement contain the following clause to the satisfaction of

the Simcoe County District School Board: " Purchasers, renters, lessees are

warned that there are no schools planned within this subdivision, or within

walking distance of it and that pupils may be accommodated in temporary

facilities and or be directed to facilities outside of the area. "

50

OLT-22-003583

Ministry of Tourism, Culture and Sport

49.

That an archaeological assessment be conducted of the development site by a

licensed archaeologist and adverse impacts to any significant archaeological

resources found on the site be mitigated through preservation or resource

removal and documentation. No demolition, grading or other soil disturbances

shall take place on the subject property prior to the Ministry of Culture confirming

that all archaeological resource concerns have met licensing and resource

conservation requirements. A copy of the archaeological assessment report and

the Ministry’s confirmation are to be submitted to the Township of Oro-Medonte

Development Services Department for information.

Utilities

50. That the Owner agree in the Subdivision Agreement to make satisfactory

arrangements for the construction of utilities (including but not limited to

electrical, telephone, natural gas and cable television).

Canada Post

51. That the Owner shall agree in the Subdivision Agreement to, if required, locate a

pad for a Canada Post community mailbox, to be identified on the engineered

drawings, to the satisfaction of Canada Post and that prior to final Plan approval,

the Township of Oro-Medonte be advised, in writing, by Canada Post how this

condition has been satisfied.

Model Home and Temporary Sales Office

52.

The Owner agrees to comply with the Township’s Zoning By-law provisions for

either a model home or a temporary sales office that may be permitted on the

lands prior to final registration of the plan.

53.

The Owner further agrees that prior to the construction of any model home, the

Owner shall enter into a Model Home Agreement with the Township of Oro-

Medonte, that the Owner provide the Township with securities pursuant to the

Agreement, that the Agreement be registered on title and that the Owner shat

obtain the required Zoning Certificate and Building Permit.

Clearance of Conditions

54.

That prior to the final approval of this plan, the Township is advised in writing by

the Simcoe County District School Board how condition __ has been satisfied.

51

OLT-22-003583

55.

56.

That prior to the final approval of this plan, the Township is advised in writing by

the Simcoe Muskoka Catholic Separate School Board how condition __ has been

satisfied.

That prior to the final approval of this plan, the Township is advised in writing by

the Nottawasaga Valley Conservation Authority how conditions _______ have

been satisfied.

57.

58.

59.

That prior to the final approval of this plan, the Township is advised in writing by

the County of Simcoe how condition ___ has been satisfied.

That prior to the final approval of this plan, the Township is advised in writing by

the Ministry of Tourism, Culture and Sport how condition __ has been satisfied.

That the approval of this draft plan will lapse three years from the date of

approval. This approval may be extended pursuant to subsection 51(33) of the

Planning Act, but no extension can be granted once the approval has lapsed.

NOTES TO DRAFT APPROVAL

1.

It is the applicant's responsibility to fulfil the conditions of Council's approval and

to ensure that the required clearance letters are forwarded by the appropriate

agencies to the Township of Oro-Medonte, Planning Department, 148 Line 7

South, Oro-Medonte, ON, L0L 2E0, quoting Township file number 2016-SUB-01.

2.

3.

The Land Titles Act requires all new plans be registered in a Land Titles system if

the land is situated in a land titles division and there are certain exceptions.

The Township of Oro-Medonte uses a 0.3 metre reserve to notify the public that

access to the Municipal highway will not be granted across the reserve. It should

be shown as a block on the final plan outside the road allowance. Deeds in

triplicate conveying this reserve to the Corporation of the Township of Oro-

Medonte together with the proposed final plan should be sent to the Municipal

Clerk.

4.

5.

Inauguration, or extension of a piped water supply, a sewage system, or a storm

drainage system, is subject to the approval of the Ministry of Environment,

Conservation and Parks under sections 23 and 24 of the Ontario Water

Resources Act, R.S.O. 1980.

Hydro One wishes to advise the developer of the following:

(a)

(b)

the costs of any relocations or revisions to Hydro One facilities which are

necessary to accommodate this subdivision will be borne by the developer

any easement rights of Hydro One are to be respected

52

OLT-22-003583

(c)

the developer should contact the local Hydro One Area Office to verify if

any low voltage distribution lines may be affected by the proposal

The final plan approved by the Township must be registered within 30 days or

the Township may withdraw the approval under Section 51(59) of the Planning

Act, R.S.O. 1990

All measurements in the subdivision final plan must be presented in metric units.

6.

7.

The Nottawasaga Valley Conservation Authority will require a copy of the

executed subdivision agreement prior to the clearance of draft plan conditions.

The owner shall agree, prior to final plan approval, to pay all development fees to

the conservation authority as required in accordance with the Nottawasaga

Valley Conservation Authority’s fees policy, under the Conservation Authorities

Act.

8.

Clearances are required from the following agencies:

Corporation of the Township

of Oro-Medonte

Simcoe County District School

Board

Box 100

Oro Station ON LOL 2X0

1170 Highway 26 West

Midhurst ON L0L 1X0

Nottawasaga Valley

Conservation Authority

8195 8^thLine

Simcoe Muskoka Catholic District

School Board

46 Alliance Blvd.

Utopia ON L0M 1T0-

Barrie ON L4M 5K3

Ontario Ministry of Environment,

Conservation and Parks

Barrie District Office

Ministry of Tourism, Culture & Sport

400 University Avenue, 4^thFloor

Toronto ON M7A 2R9

54 Cedar Pointe Dr #1201

Barrie ON L4N 5R7

Canada Post

County of Simcoe

Delivery Planning

200-1860 Midland Ave

Scarborough ON M1P 5A1

Planning Department

1110 Highway 26

Midhurst ON L9X 1N6

If the agency conditions concern conditions in the subdivision agreement, a copy

of the relevant section of the agreement should be sent to them. This will

expedite clearance of the final plan.

53

OLT-22-003583

9.

If final approval is not given to this plan by _______________, and no

extension has been granted, draft approval shall lapse under subsection

51(32) of the Planning Act, R.S.O. 1990, as amended. If the owner wishes to

request an extension to draft approval. a written explanation, must be

received by the Township of Oro-Medonte sixty (60) days prior to the

lapsing date.

10.

11.

Please note that an updated review of the plan, and revisions to the

conditions of approval, may be necessary if an extension is to be granted.

When the Zoning By-law is being prepared, reference to this subdivision

application OM-file number should be included in the explanatory note. This will

expedite the Township’s and other agencies' consideration of the by-law.

Subject to the conditions set forth above, this Draft Plan is approved under Section 51

of the Planning Act R.S.O. 1990, Chapter 13, as amended.

This ____ day of ________, 2020.

______________________________

Andria Leigh, MCIP, RPP

Director of Development Services

54

OLT-22-003583

OLT-22-003583 – Attachment 4

The Township’s conditions and amendments to final plan approval for registration of this

subdivision are as follows:

No. Conditions

Township of Oro-Medonte

Planning Division

1.

That this approval applies to the draft plan prepared by Innovative Planning

Solutions, dated April 26, 2018, showing a total of 73 residential units comprised

of 25 single detached residential lots, 2 blocks containing 48 townhouse units,

2 blocks for pathways, 2 blocks for 0.3 metre reserves and 1 block for a

temporary turning circle pending future extension of Landscape Drive.

2.

3.

That prior to final approval the appropriate zoning shall be in effect for this

subdivision, in accordance with the provisions of the Planning Act.

Prior to final approval of the Plan, the Owner shall provide the Township with

evidence in the form of an Ontario Land Surveyor Certificate that:

a) Any existing buildings or structures on the lands as of the date of final

approval, are situated so as to comply with applicable zoning by-laws after

registration of the plan; and

b) All lot frontages and lot areas within the plan conform to the Township of Oro-

Medonte Zoning By-law.

4.

That prior to final Plan approval, the road allowances included within this draft

Plan of Subdivision shall be named to the satisfaction of the Township of Oro-

Medonte. The Owner shall agree in the Subdivision Agreement that all street

names shall be identified to the satisfaction of the Township prior to construction

of any buildings.

5.

6.

That the Owner shall agree in the Subdivision Agreement that a municipal

numbering system be assigned to the satisfaction of the Township of Oro-

Medonte.

That the owner shall enter into a subdivision agreement with the Township of

Oro-Medonte, agreeing to satisfy all conditions, financial and otherwise, of the

Township of Oro-Medonte.

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OLT-22-003583

7.

8.

That the subdivision agreement between the Owner and the Township of Oro-

Medonte be registered by the Municipality against the lands to which it applies,

pursuant to the provisions of the Planning Act.

The Owner shall agree in the Subdivision Agreement that all applicable

Development Charges will be paid when the Building Permit is received in

accordance with the Township’s Development Charges By-law, the County of

Simcoe Development Charges By-law and Education Charges By-law subject to

any applicable development charge credits and any other agreements with the

Township and/or the County.

9.

That the road allowances included within this draft plan of subdivision shall be

dedicated as a public highway without monetary consideration and free of all

encumbrances.

10.

11.

That the 0.3 metre reserves included within this draft plan of subdivision shall be

conveyed to the Township of Oro-Medonte without monetary consideration and

free of all encumbrances.

That Owner shall submit, to the satisfaction of the Township of Oro-Medonte, a

Tree Assessment and Inventory prepared by a qualified arborist. No tree

removal, grading, filling or excavation shall take place on the subject property

prior to the Township’s acceptance of the Tree Assessment and Inventory and

approval of servicing/pre-servicing works.

12.

That the Subdivision Agreement contain the following clause to the satisfaction of

the Township of Oro-Medonte: “The owner shall include in all offers of purchase

and sale for Lots 2 & 3 a clause advising prospective purchasers that portions of

the Lots are subject to an existing easement which restricts development on

those portions of the lands subject to the easement”.

Development Engineering Division

13.

That the final alignment and radii of all roads be designed to the satisfaction of

the Township of Oro-Medonte in accordance with the Township’s Development

Engineering Policies, Process and Design Standards. The costs of all

construction will be at the expense of the Owner.

14.

15.

The pattern of streets and the layout of reserve blocks within this draft Plan of

Subdivision shall be designed to align precisely with the pattern and layout for

existing plans.

That all streets shall be designed and constructed in accordance with the

Township of Oro-Medonte’s Development Engineering Policies, Process and

Design Standards, to a Local Residential Standard No. 3.5-02. The costs of all

construction will be at the expense of the Owner.

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OLT-22-003583

16.

17.

The Owner shall agree in the Subdivision Agreement that construction access

shall be provided only in a location approved by the Township.

The Owner shall agree in the Subdivision Agreement that all portions of public

highways (rights-of-ways) which are not to be paved and all drainage swales on

public or private property shall be graded and sodded in accordance with the

standards of the Township.

18.

19.

The Owner shall agree in the Subdivision Agreement to grade and seed all

undeveloped lands within the plan, other than conservation lands, and to

maintain, to the satisfaction of the Township, all undeveloped lands within the

plan.

Prior to final Plan approval, the Owner shall provide adequate storm drainage

outlets including any necessary drainage easements to the satisfaction of the

Township of Oro-Medonte.

20.

21.

That such easements as may be required for utility or drainage purposes shall be

granted to the appropriate authority.

That the Owner shall agree in the Subdivision Agreement, that such easements

and land dedications for lands internal to the subdivision as may be required for

access, drainage, servicing, utilities and construction purposes shall be designed

to the satisfaction of, and granted to, the appropriate agencies or authorities, free

and clear of all encumbrances, to the satisfaction of the Township of Oro-

Medonte and all appropriate agencies or authorities. Such easements shall be

dedicated to the appropriate approval authority at the Owner’s expense.

22.

That prior to final Plan approval, a plan or plans shall be prepared to the

satisfaction of the Township’s Manager, Development Engineering showing:

a)

b)

c)

d)

e)

f)

g)

h)

i)

drainage control measures;

general lot grading including existing and proposed elevations;

building envelopes;

erosion control measures;

location and type of drinking water supply;

location and type of sewage disposal system;

location of all existing wells on abutting properties;

design details for the emergency access; and

locations of streetscape features, utilities, driveways and landscaping.

These approved plan(s) will form part of the Subdivision Agreement with the

Township of Oro-Medonte.

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