Notice of Decision - McFadden Road - Draft Plan of Subdivision in South Frontenac

Posted on Tuesday October 03, 2017

Notice of Decision with Respect to a Draft Plan of Subdivision
under Section 51(37) of the Planning Act

Applicant: Pittsburgh Building & Energy Systems Inc. (Sean Marshall)
Date of Decision: September 20, 2017 Date of Notice: October 2, 2017
Last Date of Appeal: October 22, 2017 File No: 10T-2017-001
Subject Lands: Part of Lots 14 and 15, Concession 8, Former Municipal Township of Loughborough, Township of South Frontenac, County of Frontenac
Related Applications: Zoning By-law Amendment (South Frontenac)

Link to current planning applications:  http://www.frontenaccounty.ca/en/corporate/CurrentPlanningApplications.asp

Draft Plan of Subdivision approval has been granted by the Council of the Corporation of the
County of Frontenac for the above-noted property. The Draft Plan of Subdivision is to develop 5
residential lots on private services with individual access from McFadden Road. Draft Plan approval is
subject to 16 conditions as per attached.

Explanation of the Effect of Written and Oral Submissions Had on the Decision: Submissions
and comments received were considered by the County of Frontenac with respect to the proposed
servicing of the sites and potential impacts on neighbouring properties. Concerns were addressed by
the applicant to the satisfaction of commenting agencies.

When and How to File an Appeal:
Notice to appeal the decision to the Ontario Municipal Board must be filed no later than 20 days from
the date of this notice as shown above as the last date of appeal.

The notice of appeal should be sent to the person and address shown below and it must:
(1) set out the reasons for the appeal;
(2) indicate the name and address of the appellant; and
(3) be accompanied by a fee prescribed under the Ontario Municipal Board Act in the amount
of $300.00, payable by certified cheque to the Minister of Finance, Province of Ontario.

Contact for Appeal: Jannette Amini, Manager of Legislative Services/Clerk
County of Frontenac
2069 Battersea Road
Glenburnie, Ontario
K0H 1S0

Who Can File an Appeal?
At any time before the approval of the final plan of subdivision, the following may appeal any of the
conditions imposed by the Council of the Corporation of the Frontenac County by filing a notice of
appeal with the approval authority:
(1) the applicant;
(2) any public body that, before the approval authority made its decision, made oral submissions
at a public meeting or written submissions to the approval authority;
(3) the Minister; or
(4) the Municipality in which the subject land is located.

Only individuals, corporations or public bodies may appeal decisions in respect of a proposed plan of
subdivision to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated
association or group. However, a notice of appeal may be filed in the name of an individual who is a
member of the association or group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal of the decision of the
approval authority, including the lapsing provisions or the conditions, unless the person or public
body, before the decision of the approval authority, made oral submissions at a public meeting or
written submissions to the council, or made a written request to be notified of changes to the
conditions or, in the Ontario Municipal Board’s opinion, there are reasonable grounds to add the
person or public body as a party.

How to Receive Notice of Changed Conditions:
The conditions of an approval of draft plan of subdivision may be changed at any time before the final
approval is given.
You will be entitled to receive notice of any changes to the conditions of approval of draft plan of
subdivision if you either:
(1) made a written request to be notified of the decision to give or refuse to give approval of draft
plan of subdivision, or
(2) make a written request to be notified of the changes to the conditions of approval of the draft
plan of subdivision.

No person or public body shall be added as a party to the hearing of an appeal regarding any
changed conditions imposed by the approval authority, unless the person or public body, before the
approval authority made its decision, made oral submissions at a public meeting or written
submissions to the approval authority, or made a written request to be notified of the changes to the
conditions or, in the Ontario Municipal Board’s opinion, there are reasonable grounds to add the
person or public body as a party.

Right of Applicant or Public Body to Appeal Conditions:
The applicant or any body may, at any time before the final plan of subdivision is approved, appeal
any of the conditions imposed by the County of Frontenac to the Ontario Municipal Board by filing
with the County a notice of appeal.
Other Related Applications:
A Zoning By-law Amendment will be required to be submitted to the Township of South Frontenac as
a condition of approval.
Additional Information:
Additional information about the application is available for public inspection during the regular office
hours at the County of Frontenac Planning and Economic Development Department at the address
noted above.

Dated at Glenburnie, Ontario this 2nd day of October, 2017.
Jannette Amini, Manager of Legislative Services/Clerk
County of Frontenac
2069 Battersea Road
Glenburnie, Ontario
K0H 1S0

Attachment: Approved Draft Conditions for File No. 10T-2017-001
Applicant: Pittsburgh Building & Energy
Systems Inc. (Marshall)
Date of Decision: September 20, 2017
File No.: 10T-2017/001 Date of Notice: October 2, 2017
Subject Lands: 5550 McFadden Road;
Part of Lots 14, 15, Concession 8, Former Municipal Township of Loughborough, Township of
South Frontenac, County of Frontenac
Appendix B to Report 2017-107
Conditions to Approval – County File #10T-2017/001
September 11, 2017 Page 1 of 7

CONDITIONS TO APPROVAL
The conditions of approval for the draft plan of subdivision are as follows:
1. Approved Draft Plan:
A. That this draft plan approval applies to the Draft Plan of Subdivision located
on Part of Lots 14 and 15, Concession 8, Township of South Frontenac,
Former Municipal Township of Loughborough, County of Frontenac dated by
the owner March 20, 2017 prepared and certified by Josselyn Engineering
Inc. and Hopkins Chitty Land Surveyors Inc., comprising a total of five
residential lots.

2. Subdivision Agreement:
A. That the owner of the subject land enter into a subdivision agreement with the
Township of South Frontenac, prepared to the satisfaction of the municipality,
to be registered on title of the subject land. A copy of the subdivision
agreement shall be provided to the County of Frontenac by the Township of
South Frontenac.

3. Financial Requirements:
A. That the owner agree in writing to satisfy all the requirements, financial and
otherwise of the Township of South Frontenac concerning the installation of
services and drainage and other works, in accordance with the Township’s
Design Criteria and Guidelines, and that this shall be reflected in the
Subdivision Agreement.
B. That the Owner shall reimburse the Township of South Frontenac and
County of Frontenac for all legal, engineering, planning, administrative
expenses and permit fees, including the cost of any peer review that the
Township of South Frontenac or County of Frontenac may require in relation
to the Plan of Subdivision.
C. That the Owner agrees to deposit with the Township, securities in the form of
a letter of credit representing 100% of the estimated cost of the works to be
provided with respect to the subdivision. The letter of credit shall be reduced,
in accordance with the terms and conditions of the Subdivision Agreement.
D. That the Owner agrees for the Subdivision Agreement to contain a provision
requiring the Owner to pay development charges, in place at the time of the
Applicant: Pittsburgh Building & Energy
Systems Inc. (Marshall)
Date of Decision: September 20, 2017
File No.: 10T-2017/001 Date of Notice: October 2, 2017
Subject Lands: 5550 McFadden Road;
Part of Lots 14, 15, Concession 8, Former Municipal Township of Loughborough, Township of
South Frontenac, County of Frontenac
Appendix B to Report 2017-107
Conditions to Approval – County File #10T-2017/001
September 11, 2017 Page 2 of 7
issuance of the building permit, prior to the issuance of the building permit
until the development charges have been paid in full.

4. Permits
A. The Owner shall agree in writing to obtain permits or approvals as may be
required from Federal, Provincial, Municipal, or local authorities and to file
copies thereof with the Township.

5. Access
A. That the owner shall agree in writing that all entrances to the lots, including
entrance culverts, be located and constructed to the satisfaction to the
Township.
B. That the subdivision agreement shall provide that 0.3 metre reserves be
identified by survey at the following locations: (i) along Lot 4 where the lot
abuts the Catarqui trail; and (ii) along Lot 5 where the lot abuts the Cataraqui
Trail to be held in trust by the Township to allow pedestrian access to the
Cataraqui Trail once permitted.
C. That the subdivision agreement shall provide that an easement is created to
allow pedestrian access from Lots 1, 2, and 3 to the Cataraqui Trail where
the Trail abuts the property at Lots 4 and 5.

6. On-Site Sewage Disposal and Water Systems:
A. That the Subdivision Agreement include a requirement that any abandoned
wells must be decommissioned according to MOECC guidelines.
B. That the Subdivision Agreement include a requirement that any septic
systems that may be present on the site and which are not planned to be
used as part of the development be decommissioned as per applicable
regulations.
C. That the recommendations outlined in the letter dated June 16, 2017 from
KFL&A Public Health be addressed to the satisfaction of the Township for the
five lot development.
D. That the Owner agree in writing that the site servicing plan showing the
location of the house, well, 500m2 envelope for sewage system locations is to
be provided to all purchasers of lots in the subdivision along with conditions 6
E-G that will become part of the Subdivision Plan.
Applicant: Pittsburgh Building & Energy
Systems Inc. (Marshall)
Date of Decision: September 20, 2017
File No.: 10T-2017/001 Date of Notice: October 2, 2017
Subject Lands: 5550 McFadden Road;
Part of Lots 14, 15, Concession 8, Former Municipal Township of Loughborough, Township of
South Frontenac, County of Frontenac
Appendix B to Report 2017-107
Conditions to Approval – County File #10T-2017/001
September 11, 2017 Page 3 of 7
E. The Owner shall agree in writing that primary and alternate locations as
identified as Drawing No. 6 in the Hydrogeological Study, Servicing Options
and Terrain Analyses report prepared by ASC Environmental Inc. are to be
reserved and maintained. No constructions of wells, homes, driveways, pools,
garages or other structures is to take place in the primary of alternate area.
F. The Owner shall agree in writing that if sewage systems are required to be
raised, pumps may be required.
G. The Owner shall agree in writing that deviations from the locations on the site
servicing plan identified as Drawing No. 6 in the Hydrogeological Study,
Servicing Options and Terrain Analysis report prepared by ASC
Environmental Inc. with respect to sewage system location may require the
submission of an engineering report/design and terrain analysis supporting
the proposed changes (including potential impact on adjoining properties).
H. That all requirements and recommendations specified in the Hydrogeological
Study, Servicing Options and Terrain Analyses Report, dated August 31,
2016, from ASC Environmental Inc., updated by covering letter dated
September 7, 2017 from ASC Environmental, and all associated drawings be
complied with for the five lot development.

7. Stormwater:
A. Prior to any grading or construction on the site and prior to the registration of
the Plan, the Owner shall agree in writing to submit a lot grading and drainage
plan and a sediment and erosion control plan to the satisfaction of Frontenac
County, the Township, and the Cataraqui Conservation Authority to be
included in the Subdivision Agreement.
B. Prior to any grading or construction on the site and prior to the registration of
the Plan, the Owner shall agree to in writing submit a detailed stormwater
management plan prepared by a qualified Professional Engineer and
approved to the satisfaction of Frontenac County, the Township, and the
Cataraqui Conservation Authority. The appropriate text to implement the
findings will be included in the Subdivision Agreement. The detailed
stormwater management plan should include mitigative measures that will be
put in place to reduce the anticipated 3% increase in post-development flows.
C. That the Owner agree to the final design, construction, maintenance and
financing of the stormwater infrastructure, including ditches, swales, retention
facilities, and grading and drainage plans in accordance with the Stormwater
Management Brief prepared by Josselyn Engineering Inc., March 10, 2017,
along with the detailed stormwater management plan to be prepared and in
Applicant: Pittsburgh Building & Energy
Systems Inc. (Marshall)
Date of Decision: September 20, 2017
File No.: 10T-2017/001 Date of Notice: October 2, 2017
Subject Lands: 5550 McFadden Road;
Part of Lots 14, 15, Concession 8, Former Municipal Township of Loughborough, Township of
South Frontenac, County of Frontenac
Appendix B to Report 2017-107
Conditions to Approval – County File #10T-2017/001
September 11, 2017 Page 4 of 7
accordance with the Township’s Design Criteria and Standards to the
satisfaction of the Township.

8. Parkland Dedication:
A. That the Owner agrees in writing to pay cash-in-lieu of parkland dedication in
accordance with approved Township policies.

9. Environment:
A. That the recommendations of the environmental impact study, entitled
Environmental Impact Study, Pittsburgh Building & Energy Systems Inc. Plan
of Subdivision, 5550 McFadden Road, prepared by Niblett Environmental
Associates Inc. in March 2017 be addressed to the satisfaction of the
Township and Catarqui Conservation Authority.
B. That the Owner agree in writing that development within 15 meters of the two
westernmost wetlands identified on the property in Figure 1 of the
Environmental Impact Study prepared by Niblett Environmental Associates
Inc. (12 SWT2-2 Willow Mineral thicket Swamp and 9 MAM2-10 Forb Mineral
Meadow Marsh) be prohibited and that the lands within 15 metres of these
wetland areas will be maintained as a no-cut buffer, within which there be no
disturbance of the soil mantle or vegetation cover.
C. That the Owner agree in writing that development within 30 metres from the
wetlands and waterbodies not listed in Condition 9 B are not to be distributed
and are to be left in state as of the date of draft approval and that the
subdivision agreement include provisions that would require protection of
restoration of the 30 buffer area.

10. Utilities and On-Site Works:
A. That the Owner agrees in writing that provisions for the conveyance of
easements and/or agreements as may be required for services, utilities
(hydro, gas, cable, telephone, etc.) or drainage purposes shall be satisfactory
to the Township shall be granted to the appropriate authority.
B. That the Owner agrees in writing to relocate, at no expense to the Township,
the existing hydro pole in front of Lot 5 that is located within the road
allowance to being along the lot line between the development and the road
allowance to be consistent with other hydro pole locations. Further, if required
by the Township, install and power street lighting to the satisfaction of the
Township and in accordance with Design Criteria and Guidelines.
Applicant: Pittsburgh Building & Energy
Systems Inc. (Marshall)
Date of Decision: September 20, 2017
File No.: 10T-2017/001 Date of Notice: October 2, 2017
Subject Lands: 5550 McFadden Road;
Part of Lots 14, 15, Concession 8, Former Municipal Township of Loughborough, Township of
South Frontenac, County of Frontenac
Appendix B to Report 2017-107
Conditions to Approval – County File #10T-2017/001
September 11, 2017 Page 5 of 7
C. That the Owner agree in writing that all servicing including
telecommunications, hydro, etc. be installed generally underground to the
satisfaction of the Township.
D. That the Owner agree in writing that public utilities, including without limitation
Bell Canada, Hydro One, etc., are adequate to service the proposed
development and installed to the satisfaction of the Township.
E. The Owner agree in writing that a Canada Post Community Mail Boxes
(CMBs) shall be located at a location on the road allowance beside Lot 1 on
McFadden Road to the satisfaction of Township and any additional developer
requirements per Canada Post requirements shall be carried out to the
satisfaction of Canada Post.

11. Human Remains:
A. The subdivision agreement shall contain a clause providing that any Owner(s)
be advised, and also that a notice be placed in the purchase and sale
agreement alerting any prospective purchasers that in the event that human
remains are discovered during construction or site development of a lot, that
the property owner shall immediately contact the OPP, the Ministry of
Tourism, Culture and Sport and the Registrar or Deputy Registrar of the
Cemeteries Unit of the Ministry of Consumer Services (or the applicable
agencies at the time of final approval).

12. Archaeological Resources:
A. That if during the process of development any archaeological resources or
human remains of Aboriginal interest are encountered, the Algonquins of
Ontario Consultation Office will be contacted immediately at:
Algonquins of Ontario Consultation Office
31 Riverside Drive, Suite 101
Pembroke, Ontario K8A 8R6
Telephone: (613) 735-3759
Fax: (613) 735-6307
email: algonquins@nrtco.net

13. Revisions to Draft Plan:
A. Prior to Final Subdivision Approval, the Owner shall submit a revised Plan, if
required, to reflect any significant alterations caused from this Draft Plan
Approval.
Applicant: Pittsburgh Building & Energy
Systems Inc. (Marshall)
Date of Decision: September 20, 2017
File No.: 10T-2017/001 Date of Notice: October 2, 2017
Subject Lands: 5550 McFadden Road;
Part of Lots 14, 15, Concession 8, Former Municipal Township of Loughborough, Township of
South Frontenac, County of Frontenac
Appendix B to Report 2017-107
Conditions to Approval – County File #10T-2017/001
September 11, 2017 Page 6 of 7
B. That if final engineering design(s) result in minor variations to the Plan (e.g.
in the configuration of lots, etc.) these may be reflected in the Final Plan
subject to the satisfaction of the Township and the County.

14. General conditions:
A. That prior to final approval, the County of Frontenac is to be advised by the
Township that this proposed subdivision conforms to the Township of South
Frontenac Zoning By-law in effect. This will require a zoning by-law
amendment to place the lands within the “R-Residential” zone and to
recognize the reduced setback from 30 metres to 15 metres surrounding the
two westernmost wetlands are recognized by the Cataraqui Region
Conservation Authority.
B. That the Owner agrees in writing that the Township may implement whatever
measures it deems necessary to ensure development of the Plan of
Subdivision proceeds according to the phasing plan set out in the
Subdivision Agreement, including but not limited to the requirement of
separate subdivision agreements, imposition of “h” holding zoning or 0.3
metre reserves.
C. That when requesting final Approval from the County of Frontenac, the
Owner shall accompany such request with the required number of originals
and copies of the Final Plan, together with a surveyor’s certificate stating that
the lots/blocks thereon conform to the frontage and area requirements of the
Zoning By-Law.
D. That the Owner submit a Draft Plan of Subdivision Declaration for approval
by the Township and County to ensure all conditions of approval will be
satisfied.

15. Clearance Letters:
A. That prior to Final Subdivision Approval, the County of Frontenac shall be
advised that all Conditions of Draft Plan Approval have been satisfied; the
clearance memorandum shall include a brief statement detailing how each
condition has been met.
B. That prior to Final Subdivision Approval, the County is to be advised in
writing by the Township of South Frontenac of the method by which its
conditions have been addressed.
Applicant: Pittsburgh Building & Energy
Systems Inc. (Marshall)
Date of Decision: September 20, 2017
File No.: 10T-2017/001 Date of Notice: October 2, 2017
Subject Lands: 5550 McFadden Road;
Part of Lots 14, 15, Concession 8, Former Municipal Township of Loughborough, Township of
South Frontenac, County of Frontenac
Appendix B to Report 2017-107
Conditions to Approval – County File #10T-2017/001
September 11, 2017 Page 7 of 7
C. That prior to Final Submission Approval, the County is to be advised in
writing by KFL&A Public Health of the method by which its conditions have
been addressed.
D. That prior to Final Subdivision Approval, the County is to be advised in
writing by Cataraqui Region Conservation Authority of the method by which
its conditions have been addressed.

16. Lapsing Provisions:
A. That pursuant to Section 51(32) of the Planning Act, this Draft Plan Approval
shall lapse at the expiration of three (3) years from the date of issuance of
Draft Plan Approval if final approval has not been given, unless an extension
is requested by the Owner and, subject to review, granted by the approval
authority.
B. That pursuant to Section 51(33) of the Planning Act, the Owner may submit a
request to the approval authority for an extension of the Draft Plan Approval.
The extension period may be for a period of one (1) to three (3) years subject
to the approval by the County of Frontenac. Request for any extension shall
be provided no less than six (6) weeks prior to the lapsing date.