Site Plan Security Reduction Procedure

Site Plan securities are required by the City to act as a guarantee to make sure that properties are developed in accordance with the registered site plan agreements and the approved drawings and reports. Once the site works have been completed, it is the responsibility of the applicant to request the reduction of the posted securities.

City contact:

To initiate the reduction of the securities, submit a complete certification submission package with the required documentation, materials to:

Co-ordinator of Development Engineering
Planning & Development Services 
City of Brantford

Mail: P.O. Box 818, Brantford, ON, N3T 5R7
Courier: City Hall, 58 Dalhousie Street, Brantford, ON, N3T 2J2
Online: Submit a Request for Security Releases

Partial release (50% of the originally submitted amount)

The applicant has the option to request a partial release of securities when the following site works have been completed in accordance with the approved plans, reports and the registered site plan agreement:
 
• All servicing works
• Stormwater management
• Base course asphalt
• All exterior lighting (for residential development)
• If applicable, the roof of the building(s) must be complete
 
If approved, the City will release 50% of the originally submitted securities. The securities may not be released below 50% of the originally submitted amount until all site works are satisfactorily completed.

Release to the 1-year, 10% Materials and Workmanship Warranty holdback
When all site works have been completed in accordance with the approved plans, reports and the registered site plan agreement the applicant may request the release of securities to the 1-year 10% materials and workmanship warranty holdback.
Submission requirements
  1. Submit the online form requesting inspections and security reduction or release at the following: https://form.brantford.ca/Business-and-Development/Request-for-Security-Releases
  2. Provide a signed and sealed certificate from the Professional Engineer, certifying that the grading, servicing and stormwater management have been developed in accordance with the approved plans and reports and are functioning as designed (see attached forms in Appendix 1).
  3. If applicable, a signed and sealed certificate from the Landscape Architect certifying that all landscaping provisions, materials and workmanship as shown on the plans, have been adhered to and that all plant material is in healthy and vigorous growth condition (see attached form in Appendix 1). In cases where the approved landscape plans were prepared by a qualified landscape professional other than a landscape architect, and accepted by the City, the said professional may also submit the certification. In this case the seal may be omitted from the certificate.
  4. If applicable, a signed and sealed certificate from the Lighting Engineer, certifying that all outdoor light fixtures for the development have been installed and maintained in accordance with the approved plans (see attached form in Appendix 1).
  5. If applicable, a signed and sealed certificate from the Acoustical Engineer, certifying that all required noise mitigation measures required by the noise study have been installed correctly and are functioning as designed (see attached form in Appendix 1).
  6. If applicable, proof of completion of all site-specific requirements outlined in the site plan agreement, such as registration of easements and encroachment agreements, conveyance of daylight triangles, etc. Please read the registered site plan agreement for the complete list of site specific requirements.
  7. If applicable, the inspection fee for reduction/release of site plan securities; as per the City’s current Development Application Fees Bylaw (see the Inspection Fees section below).
  8. Requests for re-inspections require a letter which responds to each item on the site inspection deficiency list from the previous inspection.
Inspection Timelines:
The inspection process typically takes 4 - 6 weeks to complete; however, volume of applications and unsuitable weather conditions may increase the timeframe for the inspection of the site works and the subsequent security reduction. The deadline for inspection requests to be received is AUGUST 31ST annually. For additional information, please see the ‘Notes’ section below.
Inspection Fees:

In accordance with the City’s current Development Application Fees Bylaw, an inspection fee is required for the third inspection and any additional inspections.
The first two inspections are covered by the site plan application fee.

Reduction Procedure:
After the site inspection, if the site works have been completed in accordance with the approved plans with no deficiencies, Planning & Development Services Staff will forward a notification to the applicant indicating that all the works are satisfactory and that the securities will be reduced by 50% or to the 1-year 10% materials and workmanship warranty holdback, as applicable. A corresponding memo will be forwarded to the Finance Department authorizing the reduction of securities.
Reduction / Release Processing Timelines:
Please note that it will take the Finance Department up to 3 weeks to process the release from the time they receive the instruction from the Planning & Development Services Department to proceed.
Deficiencies / Outstanding Items:
If deficiencies or outstanding items are present on the site, a notification with a list of deficiencies will be forwarded to the applicant and the securities will not be reduced. The applicant must correct all deficiencies and re-apply for the reduction of securities.
Deficiency Lists:
The deficiency lists provided by the City should not be construed as a complete list of deficiencies. City Staff do not perform a complete site inspection and it is the sole responsibility of the owner/developer to make sure the site is developed in accordance with the registered site plan agreement and all approved drawings and reports, and to provide the City with proof of this in form of professional certificates. Therefore deficiency lists shall not be construed to be a waiver of any obligations of the developer under the site plan agreement and the City will retain its rights to enforce said site plan agreement at any time regardless of whether an issue/deficiency is noted on the deficiency list. Furthermore, additional deficiencies may be revealed after the original inspection and may be added to the original deficiency list.
Correction of Deficiencies and Re-inspections:
Upon completion of all of the listed deficiencies, the applicant must confirm and indicate how the deficiencies have been rectified by submitting a signed and sealed explanatory letter by the appropriate professional(s), along with the appropriate inspection fees (if applicable). Staff will then perform a new site inspection to determine whether all of their concerns have been satisfied. If there are no further noted deficiencies, the securities will be reduced by 50% or to the 1-year 10% materials and workmanship warranty holdback, as applicable.
Release of the 10% Materials and Workmanship Warranty:

It is the responsibility of the applicant to request the release of the 10% materials and workmanship warranty holdback. Prior to the expiry of the one-year warranty period, the applicant shall submit a complete certification submission package with the required documentation, materials and fee to request an inspection of the site and, if all of the original conditions of site plan approval are still in compliance, the remaining securities will be released. The applicant will be notified and a memo will be forwarded to the Finance Department authorizing the release. Partial releases of the 10% warranty holdback will not be permitted.
 

Submission requirements for the release of the 10% warranty holdback:
  1. A Submit the online form requesting inspections and security reduction or release at the following: https://form.brantford.ca/Business-and-Development/Request-for-Security-Releases
  2. Provide a signed and sealed certificate from the Professional Engineer, confirming that no failures have occurred on site during the maintenance period and that everything still functions as intended (see attached forms in Appendix 2).
  3. If applicable, a signed and sealed certificate from the Landscape Architect, confirming that no failures occurred during the maintenance period and the plants continue to be healthy and in vigorous growth condition (see attached form in Appendix 2). In cases where the approved landscape plans were prepared by a qualified landscape professional, and accepted by the City, the said professional may also submit the certification. In this case the seal may be omitted from the certificate.
  4. If applicable, a signed and sealed certificate from the Lighting Engineer, confirming that no failures have occurred on site during the maintenance period and that everything still functions as intended (see attached form in Appendix 2).
  5. If applicable, a signed and sealed certificate from the Acoustical Engineer, confirming that no failures have occurred on site during the maintenance period and that everything still functions as intended (see attached form in Appendix 2).
  6. If applicable, the inspection fee for the release of securities; as per the City’s current Development Application Fees Bylaw.
  7. Requests for re-inspections require a letter which responds to each item on the site inspection deficiency list from the previous inspection.
Notes:
  1. Requests for works that are found to be a public safety issue, contravene City Bylaws or if the development is not in accordance with the approved site plan materials will not be processed until corrected or completed.
  2. Should the required submission be incomplete or not in the correct format (i.e. seals missing from certificates, not all certificates submitted, etc.), the inspection and subsequent letter of credit reduction/release will not be processed until such time as the City receives all outstanding documentation. Timelines for processing will not commence until we have received a complete submission.
  3. All certifications for site plan works shall be signed, sealed and dated by the certifying professional.
  4. Qualified means; one who, through education and professional designation, in combination with experience in the specific field for which they have been trained, as it relates to the work being certified, is competent.
  5. Should there be substantial changes made to the approved site plan, a site plan amendment, through the Planning Department, may be required.
  6. If the requests are submitted at a time when site works are not clearly visible due to snow cover and/or when the landscaping cannot be fully inspected due to the plants being in a dormant state, the site inspections by City Staff and consequently the release of the securities may not occur until such time as the weather/seasons permit.
Appendix 1

Please print and complete the Site Development Works Certification Forms for the following:

  • Partial release (50% of the originally submitted amount), and
  • Release to the 1-year, 10% Materials and Workmanship Warranty holdback
Appendix 2

Please print and complete the Site Development Works Certification Forms for the following:

  • Release of the 10% Materials and Workmanship Warranty holdback