Township of Beckwith Official Plan (Office Consolidation)
Beckwith, Ontario
· adopted 1989-11-15
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OFFICE CONSOLIDATION
OFFICIAL PLAN
OF THE
TOWNSHIP OF BECKWITH
Approved: November 15, 1989
This is an Office Consolidation of the approved
Official Plan of the Township of Beckwith including
all Minister's modifications and Amendments
No. 1 to 9 inclusive and Amendments No. 10, 11, 13, 14, 15, 16, 18, 20, 21, 22, 24, 25, 26, 27,
28 and 29.
Prepared for:
COUNCIL OF THE TOWNSHIP OF BECKWITH
Prepared by:
J.L. RICHARDS & ASSOCIATES LIMITED
Consulting Engineers, Architect & Planners
864 Lady Ellen Place
Ottawa, Ontario
K1Z 5M2
613-728-3571
JLR 11039-01
OFFICIAL PLAN
OF THE
TOWNSHIP OF BECKWITH
- TABLE OF CONTENTS -
PAGE
SECTION 1
-
TITLE, COMPONENTS AND ADMINISTRATION .................................... 1
SECTION 2
-
PURPOSE AND OBJECTIVES ................................................................ 2
SECTION 3
-
BASIS OF THE PLAN ............................................................................... 4
SECTION 4
-
GENERAL DEVELOPMENT POLICIES ................................................... 7
4.1
Access to Public Road .................................................................. 7
4.2
Assessment Ratio ......................................................................... 7
4.3
Community Improvement .............................................................. 7
4.4
Development Philosophy .............................................................. 7
4.5
Division of Land ............................................................................ 8
4.6
Natural Heritage Features ........................................................... 13
4.7
Group Homes .............................................................................. 19
4.8
Cultural Heritage and Archaeological Resources ....................... 19
4.9
Holding Zones ............................................................................. 22
4.10
Home Occupations ..................................................................... 23
4.11
Institutional Uses ......................................................................... 24
4.12
Land Use Compatibility ............................................................... 24
4.13
Noise ........................................................................................... 25
4.14
Non-Conforming Uses ................................................................ 25
4.15
Parks and Recreation ................................................................. 27
4.16
Public Uses and Utilities ............................................................. 27
4.17
Separation Distances .................................................................. 28
4.18
Servicing Requirements .............................................................. 28
4.19
Setbacks from Water .................................................................. 30
4.20
Site Plan Control ......................................................................... 30
4.21
Temporary Uses ......................................................................... 31
4.22
Wayside Pits and Quarries ......................................................... 31
4.23
Secondary Units .......................................................................... 32
4.24
Renewable Energy Systems ....................................................... 33
4.25
Hazard Protection ....................................................................... 34
(i)
OFFICIAL PLAN
OF THE
TOWNSHIP OF BECKWITH
- TABLE OF CONTENTS -
(continued)
PAGE
SECTION 5
-
LAND USE POLICIES - COMMUNITY DEVELOPMENT AREAS .......... 36
5.1
Residential .................................................................................. 36
5.2
Commercial ................................................................................. 37
5.3
Industrial ..................................................................................... 38
5.4
Institutional .................................................................................. 38
5.5
Black's Corners Community ........................................................ 39
5.6
Expansions to Community Development Areas .......................... 43
SECTION 6
-
LAND USE POLICIES - RURAL AREAS ................................................ 44
6.1
Agriculture ................................................................................... 44
6.2
Mineral Aggregate ....................................................................... 46
6.3
Highway 7 Corridor ..................................................................... 49
6.4
Flood Plain .................................................................................. 50
6.5
Rural Land .................................................................................. 53
6.6
Mobile Home Park ...................................................................... 59
6.7
Wrecking Yard ............................................................................ 60
6.8
Airport ......................................................................................... 60
6.9
Waste Disposal Site .................................................................... 60
6.10
Hauled Septage Disposal Site .................................................... 61
SECTION 7
-
ROADS ................................................................................................... 63
7.1
Provincial Highways .................................................................... 63
7.2
County Roads ............................................................................. 63
7.3
Local Roads ................................................................................ 63
7.4
Private Roads ............................................................................. 64
7.5
Road Widenings .......................................................................... 64
SECTION 8
-
PROPERTY MAINTENANCE ................................................................. 65
(ii)
OFFICIAL PLAN
OF THE
TOWNSHIP OF BECKWITH
- TABLE OF CONTENTS -
(continued)
PAGE
SECTION 9
-
IMPLEMENTATION ................................................................................ 66
9.1
Zoning By-law ............................................................................. 66
9.2
Site Plan Control By-law ............................................................. 66
9.3
Building By-law ........................................................................... 66
9.4
Maintenance and Occupancy By-law .......................................... 66
9.5
Other By-laws ............................................................................. 66
9.6
Subdivision of Land ..................................................................... 67
9.7
Construction of Public Works ...................................................... 67
9.8
Land Acquisition .......................................................................... 67
9.9
Amendments ............................................................................... 67
9.10
Committee of Adjustment and Land Division Committee ............ 67
9.11
Review Procedure ....................................................................... 68
9.12
Procedural Guidelines ................................................................. 68
9.13
Public Notification ....................................................................... 68
9.14
Strategy ....................................................................................... 68
9.15
Provincial Policy Statement ........................................................ 68
9.16
Community Improvement ............................................................ 69
9.17
Interim Control By-laws ............................................................... 70
9.18
Temporary Use By-laws .............................................................. 70
9.19
Consultation and Application Requirements ............................... 71
SECTION 10 -
INTERPRETATION ................................................................................ 75
SCHEDULE 'A'
LAND USE SCHEDULE
SCHEDULE 'B'
CONSTRAINTS SCHEDULE
(iii)
1
SECTION 1
TITLE, COMPONENTS AND ADMINISTRATION
1.1
Upon approval of the Minister of Municipal Affairs, this Official Plan will be known as the:
OFFICIAL PLAN OF THE TOWNSHIP OF BECKWITH
1.2
The Official Plan covers all land within the corporate limits of the Township of Beckwith.
The Township is located on the most easterly side of Lanark County, bounded by the
Townships of Montague and Drummond-North Elmsley, the Towns of Carleton Place
and Mississippi Mills and the City of Ottawa.
1.3
The attached text and Schedule 'A' (Land Use Schedule) and Schedule 'B' (Constraints
Schedule) constitute the Official Plan.
1.4
The background report contains supplementary background information which is the
basis for the policies of this Plan but does not form part of the Official Plan.
1.5
Council will administer this Official Plan. The principal duties will be the review of all
development applications for conformity to the Official Plan, including severances,
subdivisions and zoning amendments; the review of all applications for amendments to
the Official Plan, and the review of the Official Plan at least every five years to ensure its
relevancy.
1.6
Council may appoint a Planning Advisory Committee under the terms and conditions that
Council considers appropriate.
1.7
Pursuant to the Planning Act, no public work will be undertaken and no by-law will be
passed for any purpose that does not conform to the Official Plan.
1.8
Council will ensure that the Official Plan and all amendments are available to the public
so that the public can be kept informed of the Municipality's land use policies.
2
SECTION 2
PURPOSE AND OBJECTIVES
2.1
This Official Plan is a statement of policies which will provide guidance and direction for
development and planning decisions within the Township of Beckwith over a 20-year
planning horizon to the year 2029.
2.2
The objectives of this Official Plan are as follows:
(i)
Development will be encouraged in locations where services are available or can
be made available at reasonable cost.
(ii)
The communities will be encouraged to grow in a compact and orderly fashion
with an appropriate range of uses and facilities to serve the residents.
(iii)
Appropriate commercial and industrial development will be encouraged in order
to provide a better assessment ratio and employment opportunities.
(iv)
Land that is suitable for long-term agricultural production will be protected for
agricultural uses.
(v)
Mineral aggregate lands will be protected for the long term and utilized in a
controlled and orderly manner.
(vi)
A variety of appropriate land uses should be permitted in those rural lands that
are not otherwise designated.
(vii)
The policies of this Plan are intended to either ensure compatibility between land
uses or facilitate mitigation measures that minimize adverse impacts between
land uses to acceptable levels.
(viii)
A variety of housing types will be permitted so that the housing needs of the
existing and future residents of the Municipality can be satisfied.
(ix)
Development will either be restricted in areas having environmental constraints,
environmental hazards, human generated hazards or physical limitations or
delayed until the identified constraints, hazards or limitations are resolved to the
satisfaction of the Township and other appropriate approval authorities.
(x)
An appropriate hierarchy of roads will be established so that both the efficient
movement of traffic and access to property can be achieved.
(xi)
It is the intent of this Plan that, through the effective use of this document, the
quality of life for the residents will improve.
(xii)
Development will be managed in a manner that maintains and restores the
natural heritage system as a healthy ecosystem.
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(xiii)
The conservation of cultural heritage resources will be encouraged so they may
be enjoyed by present and future generations.
(xiv)
Energy conservation and sustainable forms of energy production, particularly
alternative energy and renewable energy systems, will be encouraged, provided
they are appropriate in type, scale and location.
(xv)
Development will be managed to protect groundwater and surface water
resources. The Township will work with the Source Water Protection Committee
to implement a Source Water Protection Plan.
The objectives of the Plan are not mutually exclusive but rather must be considered in
relation to each other.
4
SECTION 3
BASIS OF THE PLAN
Since the late 1960s, the Township of Beckwith has evolved from being a predominantly rural
community to a community consisting of settlement centre developments in Black's Corners,
Franktown, Prospect, Ashton and Gillies Corners, as well as a mix of rural, agricultural and rural
residential development in the rural areas. The population in the Township has increased from
3 to 5 percent per year over this period and has consistently exceeded the growth rates in the
adjacent Townships and the Town of Carleton Place. This has been due to a number of factors,
including:
1)
the proximity of the Township to the City of Ottawa;
2)
the varied landscape and attractive rural character of many areas of the Township for
residential development, including the areas surrounding Mississippi Lake; and
3)
the presence of:
(a)
Highway 15 and County Road 17 that run north-south through the community;
and
(b)
Highway 7, which is being converted into a limited access freeway throughout the
Township and County Road 10 that run east-west through the community, which
have provided ease of access to the City of Ottawa and other adjacent
communities and increased the appeal of the Township for employment-related
development.
The Township is projected to grow by 4,586 people to 11,230 people by the 2029 planning
horizon based on historical growth rates. It is anticipated that approximately 1,900 new housing
units will be needed in the Township by the 2029 planning horizon, based on a projected growth
rate of 3 percent per year that reflects the declining trend in average household size in the
Township since 1996. It also reflects the likely re-emergence of development pressures in the
Black's Corners area, given the recent resolution of groundwater contamination issues that
impacted the extent of development in this area since 2000. It is further expected that low
density single detached dwellings will continue to account for the majority of these new housing
starts, based on the lack of municipal sewer and water services in the Township, which will
remain unchanged over the 20-year planning horizon.
The 1997 inter-municipal agreement that resulted in the annexation of commercial lands along
Highway 7 in the Township by the Town of Carleton Place has also subsequently impacted the
local employment land base and resulted in the expansion of a large format retail node in the
annexed area. Though this has impacted consumer and employment trends in the surrounding
region, it is likely that employment development pressures will re-emerge with the expansion of
Highway 7 through the Township of Beckwith.
The policies of the Official Plan are, therefore, based on the following assumptions:
5
3.1
The future development of the Township will be focused primarily on the Community
Development Areas of Black's Corners, Franktown, Prospect, Ashton and Gillies
Corners. In terms of this Plan, a community is an area which provides for concentrated
residential development and supporting commercial and institutional uses. It has a
recognizable identity to the inhabitants and to the Township in general. It fulfills social
needs for interaction and provides for an attractive and functional physical environment.
It will also provide for employment opportunities. The growth of these communities will
provide a population base to support higher levels of services and facilities.
3.2
It is recognized that there will be a need to provide for limited development within the
rural areas including development and redevelopment around Mississippi Lake. The
policies of the Plan are based on such development taking place under controlled
conditions so that it does not become a financial burden to the Township. The Township
will manage redevelopment around Mississippi Lake to ensure that impacts to water
quality, the lake environment and public health and safety are mitigated.
3.3
The provision of planned areas for future employment-related development, particularly
along major transportation corridors, is essential to increase the Township's local
resident labour force and regional market competitiveness, and to create a 'gateway' to
the Township.
3.4
The policies of the Plan recognize that the Township has a varied physical land base
and that there will be a need to:
1)
protect land that is suitable for long-term agricultural production for agricultural
uses;
2)
protect and encourage the stewardship and restoration of the natural heritage
system as a valued visual, environmental and recreational resource;
3)
manage cultural heritage resources as part of the Township's identity and history;
and
4)
protect land that contains identified mineral resources and is suitable for current
or future mineral aggregate extraction or mining operations.
3.5
Constraint areas have been identified in this Plan. There are different standards for
development in proximity to these areas depending on specific characteristics. These
differing standards are incorporated into the Official Plan.
3.6
The polices of the Plan will either restrict development in areas having servicing or
environmental constraints or delay development approval until identified constraints are
resolved to the satisfaction of the Township and other appropriate approval authorities.
3.7
As a result of technological advances and energy deregulation, various forms of
alternative energy and renewable energy are now able to provide thermal and electrical
power on a site-specific basis, district basis, or as part of a more expansive utility grid
system. The policies of the Plan will balance the social, economic and environmental
benefits of using alternative energy and renewable energy technologies with whether the
6
functionality of the technology and its compatibility with the natural environment and
adjacent land uses can be assured. The policies of the Plan also recognize the Green
Energy Act and its regulations.
7
SECTION 4
GENERAL DEVELOPMENT POLICIES
The policies of this Section deal with development considerations that are common to a number
of land use categories. These policies apply, where relevant, in addition to the policies under
the specific land use categories.
4.1
Access to Public Road
All new development must have frontage on a public road which is maintained year
round by the municipality or other public authority. An exception to this policy will be
allowed for agriculture, forestry and conservation uses but does not apply to an
accessory dwelling nor to any building or structure to which the public has access. An
exception will also be allowed for the development of existing lots on private roads for
rural residential uses around Mississippi Lake provided that such development is in
accordance with all other relevant policies of this Plan.
All new development will be carefully located so that no traffic hazard is created by the
new use.
The policies and guidelines of the Ministry of Transportation or the County of Lanark will
apply to any new development abutting a provincial highway or a county road.
4.2
Assessment Ratio
The Municipality will give due consideration to the residential/non-residential
assessment ratio and will endeavour to maintain a favourable balance of assessment to
ensure a sound economic future for the Township.
4.3
Community Improvement
It is Council's intent to encourage improvements to the quality of existing development,
community facilities and public services, particularly within the hamlets and to provide
additional community facilities as circumstances and revenue permit. When considered
appropriate, it is the intention of Council to prepare background studies, to develop more
detailed Community Improvement policies and to amend the Official Plan to include
these policies when the work has been completed.
4.4
Development Philosophy
It is the intention of Council to direct development to occur primarily in the Community
Development Areas. Development will be permitted to occur on a limited basis in the
rural area. Development will be discouraged in areas where services are not readily
8
available and where road improvements are a low priority as determined by the roads
needs study.
Development should be tied in as much as possible with the scheduled improvements to
roads and other services provided by the Municipality. Council will carefully monitor
development, particularly in light of the obligations for improvements to services that
may result from such development. In certain circumstances, Council may decide to
restrict development in particular areas where it is deemed that the proposal may be
premature in the context of the overall development of the Municipality.
In determining whether any development is premature, the Municipality will take into
consideration, among other things, such factors as the condition of the existing roads,
the amount of previous development activity in the immediate area and the number of
undeveloped lots that exist in the Municipality.
4.5
Division of Land
The policies for the creation of new lots are outlined below. Regard must also be given
to other applicable policies contained in the Plan, including the development philosophy
policies of Section 4.4 and servicing requirements of Section 4.18. The division of land
must also be consistent with the Provincial Policy Statement.
The division of land takes place in two ways; by consent and by plan of subdivision.
The consent process shall be used for creating new lots in the Community Development
Areas and Rural Lands designation in accordance with the relevant polices of this Plan
and the following:
1)
a maximum of:
(a)
three consents, excluding the retained lot, may be considered if the area
of an original Township lot is 40 hectares (100 acres) or greater; or
(b)
two consents, excluding the retained lots, may be considered if the area
of an original Township lot is from 20 hectares (50 acres) up to but not
including 40 hectares (100 acres);
2)
a lot created through the consent process shall have:
(a)
a minimum area of 0.6 hectares (1.5 acres) in the Community
Development Areas and 0.8 hectares (2 acres) in the Rural Lands
designation; and
(b)
a minimum frontage as per the Zoning By-Law;
9
3)
the retained parcel shall have a minimum frontage as per the Zoning By-Law;
4)
consents within approved subdivisions shall be prohibited;
5)
despite the above, residential infill through consents will be allowed in the
Community Development Areas, subject to the following:
(a)
a residential infill lot shall have a minimum area of 0.6 hectares (1.5
acres);
(b)
the proposed infill lot shall have minimum frontage on a public road, as
per the Zoning By-Law;
(c)
the proposed infill lot shall occupy the road frontage between two existing
residential lots that are located on the same side of a public road. The
distance between the two existing residential lots can vary, however the
width of the proposed infill lot should be consistent with the surrounding
parcel fabric but shall not be more than twice the minimum frontage
required by the Zoning By-law;
(d)
the proposed infill lot shall not prohibit or adversely affect future
development potential of the retained lands; and
(e)
the retained parcel shall have a minimum area and frontage on a public
road, as per the Zoning By-Law;
6)
despite the above, a consent may be granted in addition to the consent policies
outlined above for a technical severance as follows:
(a)
to correct lot boundaries;
(b)
to convey additional land to an adjacent lot provided the conveyance
does not lead to the creation of an undersized lot for the purpose for
which it is being or will be used;
(c)
to clarify title to the land;
(d)
where the effect of the consent does not create an additional lot;
(e)
to permit an easement; or
(f)
to permit a consent for municipal or other public purposes.
There are certain general policies that apply to all divisions of land and more specific
policies that apply to severances or plans of subdivision.
4.5.1 General Policies
(i)
The size and shape of any lot created will be appropriate for the proposed
10
use and conform to the provisions of the Zoning By-law.
(ii)
Any application must not result in the landlocking of any parcel of land.
(iii)
The resevering of previously severed lots will generally be discouraged
except where it can be shown that it would result in the proper
development of the land.
(iv)
Where any division of land requires the opening up of new roads,
approval must be obtained from Council. Council will consider any such
requests in accordance with the overall plans for road maintenance and
improvements. Any new roads must be constructed to Ministry of
Transportation specifications for subsidy purposes. Where upgrading and
additional maintenance may be required for new roads as part of any
division of land, the Township will assess the financial impact of these
additional expenditures and may request a contribution from the
developer to offset these costs.
In addition to roads, Council will require trails and pathways, where
appropriate, to be dedicated and constructed, at the cost of the
developer, in conjunction with the development. Trails and pathways will
be considered as part of the infrastructure necessary to support the
proposed subdivision. Trails and pathways are an integral part of
integrating the proposed subdivision into the adjacent lands and existing
community.
The feasibility of incorporating trails and pathways into proposed plans of
subdivision will be assessed on the basis of the following principles:
1) The development of a continuous route system within and
between developments;
2) The potential linkages that could be provided between major
activity areas to encourage usage;
3) Development of a pathway system to encourage active recreation
and a healthy community; and
4) Its design in regard to public safety, emergency access and
maintenance requirements.
Developers are to conform to the construction standards for trails and
pathways as established by Council.
(v)
The opening up of existing unopened road allowances will require the
approval of Council. Any such roads will be built to Ministry of
Transportation standards for subsidy purposes. Council will normally
require an agreement for the construction of the road. Where more than
one landowner will benefit from the opening up of a road allowance,
Council will endeavour to recover a reasonable share of the road building
costs from any benefiting owners who did not contribute to the original
cost of construction. Such costs may be recovered by means of a special
development charge which will be a condition of a severance or plan of
11
subdivision.
(vi)
Strip development along Township roads in the rural area will be
discouraged.
(vii)
The creation of a lot having access only to a provincial highway or a
county road will generally be discouraged. In special circumstances
where there is no other alternative available, such lot may be considered
provided that the County or the Ministry of Transportation has approved
the proposed entrance. The policies and guidelines of the Ministry of
Transportation or the County of Lanark will apply in such circumstances.
(viii)
Any division of land must respect the separation distances for land uses
as set out in this Plan and in the Zoning By-law.
(ix)
Where appropriate, all new or expanding farm and applicable non-farm
developments shall comply with the Minimum Distance Separation
formulae.
(x)
Road widenings may be required as a condition of any division of land.
(xi)
The municipality is entitled to a dedication of land for park purposes as a
condition on any division of land. Cash in lieu of land may be requested
by the municipality in situations where there is a public park in the area
which is adequate for existing and future population. Cash in lieu may
also be requested where the amount of land involved is small and
therefore suitable for park development. Where lands are dedicated for
park purposes, the municipality will accept only those lands suitable for
park use. It is the intention of Council to obtain, wherever possible and
practical, waterfront lands around Mississippi Lake.
(xii)
For any division of land, Council will impose certain conditions to the
approval of the severance or subdivision. An agreement relating to the
conditions may be required.
(xiii)
In considering applications for division of land, Council will consult with
the School Boards and any other Boards or Committees which must plan
for future growth.
(xiv)
The cumulative effect of development and the resulting financial
implications for the Municipality will be monitored on an on-going basis.
(xv)
A division of land will not be allowed if the affected land parcel is subject
to environmental constraints, environmental hazards, human generated
hazards or physical limitations which would make it unsuitable for the
intended use, unless the proposed lot(s) contain(s) sufficient suitable land
outside the identified constraint, hazard or limitation to safely
accommodate site access as well as all buildings, structures and sewage
disposal facilities.
12
(xvi)
Additional information or studies relating to quality and quantity of
groundwater for the proposed development and adjacent lands (such as
hydrogeological and terrain analysis studies), drainage, stormwater
management, noise or traffic may be required with the submission of an
application for a division of land.
4.5.2 Additional Policies for Severance
(i)
On the Seventh Line Road from the western boundary of the Township to
Highway No. 15 and along the Ninth Line Road (including that portion of
the Drummond Townline Road which is the continuation of Ninth Line
Road into Drummond Township and that portion of the Goulbourn
Townline Road which is the continuation of the Ninth Line Road from
Ashton to Highway No. 7), new entrances will be restricted to one for
every 150 metres.
In Community Development Areas, where speed limits have been
reduced because of existing development, the above provisions will not
apply. In other than Community Development Areas, entrances will not
be permitted on a Township road within 150 metres of the intersection
with a County Road unless approval is received from the County
Engineer.
(ii)
The applicant will provide sufficient information to substantiate that any
lots created are suitable for wells and septic systems in accordance with
current regulations. Such information will be to the satisfaction of Council
and the Health Unit.
(iii)
Within the Special Service Area, as shown on Schedule 'B', the approval
of any consent/severance will include a condition that will require
participation in the municipal water program administered by the
Township, hereinafter identified as the "Program". This Program involves
the installation of water filtration equipment in the home and participation
in the monitoring and rebedding program. All new homes, which are a
result of new lot creation, are required to participate in the Program with
no ability to opt out. The specific terms and conditions will be included in
a development agreement, which will be registered on title. The approval
of any consent will include a condition that will require participation in the
municipal water program.
(iv)
Notwithstanding the above policies within Section 4.5 of this plan, the lands
located in part Lot 23, Concession 3, Part 1 on 27R-10407 except 27M-64,
shall be permitted a maximum of one severance to sever the subject lands
into two approximately equal parcels. The subject lands were the remnant of
subdivision application 09-T-12004, known as 'Cam's Ridge Phase 2' and
registered as 27M-64.The Township shall require future development on
these lands to adhere to the same standards as the Cam's Ridge Phase 2
subdivision.
13
4.5.3 Additional Policies for Plans of Subdivision
(i)
Access to lots in a subdivision will be from internal roads. Where
necessary for design purposes or where there is no other alternative
available, access to lots in a subdivision may be considered on an
existing road of an appropriate standard where the Township and the
authority having jurisdiction are satisfied that such access is appropriate.
The lands in part of Lot 3, Concession 1, on the east side of Ford Road in
Gillies Corners may be developed by plan of subdivision utilizing the
existing abutting public roads for direct lot access. Any special access
conditions will be included in the subdivision agreement.
(ii)
For draft approval of a plan of subdivision, the applicant will be required to
submit sufficient information, prepared in accordance with provincial
regulations and guidelines, that ascertains that the land is, or can be
made to be, suitable for sewage disposal systems and that there is an
adequate supply of potable water available to service the proposed
development. For final approval, the applicant will have to fulfil all of the
conditions of draft approval as related to private sewer and water
services.
(iii)
Subdivisions will be phased in accordance with the recommendations of
Council. For residential subdivisions, generally 25 lots per phase will be
allowed. Development of a subsequent phase will only be permitted
when a substantial part of the previous phase has been built.
(iv)
The specific provisions of the Planning Act relating to plans of subdivision
will apply in addition to the policies set out in this Plan.
(v)
Plans of subdivision shall be designed to allow for the appropriate
integration of the affected lands with adjacent lands.
(vi)
Where necessary for design purposes or where there is no other
alternative available, access to a subdivision may be considered on a
provincial highway or a county road where the Township and the authority
having jurisdiction are satisfied that such access is appropriate.
(vii)
Plan of subdivision applications will be required to demonstrate that a
minimum average lot size of 0.6 hectares (1.5 acres) has been achieved.
The Township will consider average lot size to mean the total area
occupied by residential lots, divided by the total number of residential lots.
This calculation does not include land occupied by roads, pathways,
parks, blocks or other non-residential land. Where a subdivision is
developed in a phased approach, the minimum average lot size of 0.6
hectares (1.5 acres) will be applied to the whole subdivision, rather than
to each individual phase. No lots shall be less than 0.4 hectares (1 acre)
in size.
14
4.6
Natural Heritage Features
4.6.1 Endangered and Threatened Species
1)
No development will be permitted in significant habitat of endangered and
threatened species. Screening maps from the Ministry of Natural
Resources showing areas of documented occurrences of endangered
and threatened species and regulated habitats will identify where this
policy applies. In order to protect the exact location of such habitat or
species, the Ministry of Natural Resources shall be consulted for further
information.
2)
Ecological site assessments, prepared by a qualified professional with
expertise in environmental science, shall identify whether there is
significant habitat of endangered and threatened species within or
adjacent to an area proposed for development that is known as significant
habitat of endangered and threatened species.
3)
The Ministry of Natural Resources shall approve the extent of significant
habitat identified in the ecological site assessments.
4)
As per Section 4.6.8 of this Plan, environmental impact assessments
shall be required in support of proposed developments within 120 metres
of significant habitat of endangered and threatened species.
4.6.2 Areas of Natural and Scientific Interest
1)
No development will be permitted in identified Areas of Natural and
Scientific Interest or on adjacent lands within 120 metres of identified
Areas of Natural and Scientific Interest, unless an environmental impact
assessment, prepared in accordance with Section 4.6.8 of this Plan,
demonstrates that there will be no negative impacts on the Areas of
Natural and Scientific Interest or their ecological function.
2)
The extent and significance of Areas of Natural and Scientific Interest
shall be determined in consultation with the appropriate government
agency and incorporated into this Plan as an overlay on Schedule 'B'
through an Official Plan Amendment.
4.6.3 Fish Habitat
1)
Development shall not be permitted in identified fish habitat, except in
accordance with provincial and federal requirements. Where
development is proposed within 120 metres of identified fish habitat, an
environmental impact assessment, prepared in accordance with Section
4.6.8 of this Plan, shall demonstrate that there will be no negative impacts
on the fish habitat or its ecological function.
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2)
The extent and significance of fish habitat shall be determined in
consultation with the appropriate government agency.
4.6.4 Significant Wildlife Habitat
1)
No development will be permitted in identified Significant Wildlife Habitat
or on adjacent lands within 120 metres of identified Significant Wildlife
Habitat, unless an environmental impact assessment, prepared in
accordance with Section 4.6.8 of this Plan, demonstrates that there will
be no negative impacts on the significant wildlife habitat or its ecological
function.
2)
The extent and significance of wildlife habitat shall be determined in
consultation with the appropriate government agency.
4.6.5 Significant Woodlands
1)
Development within Significant Woodlands may be permitted in
accordance with the underlying land use designation shown on Schedule
'A' of this Plan, provided an environmental impact assessment, prepared
in accordance with Section 4.6.8 of this Plan, demonstrates that there will
be no negative impacts on the significant woodlands or their ecological
function.
2)
Development within 120 metres of identified Significant Woodlands, as
shown as an overlay on Schedule 'B' of this Plan, may be permitted in
accordance with the land use designation shown on Schedule 'A' of this
Plan, provided an environmental impact assessment, prepared in
accordance with Section 4.6.8 of this Plan, demonstrates that there will
be no negative impacts on the significant woodlands.
3)
Proposed developments shall retain as much natural vegetation as
possible, especially along watercourses, public roads and municipal road
allowances, on steep slopes, in valued woodlots, and in areas linking
green spaces, and may be subject to the preparation of a Landscaping
Plan at the discretion of the Township.
4.6.6 Significant Wetlands
1)
Wetlands are areas of swamps, bogs, marshes or fens which are
valuable in their natural state for biological, social or hydrological reasons.
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2)
Provincially Significant Wetlands are evaluated and approved by the
Ministry of Natural Resources and, based on wetland functions and
features, classified according to their significance. All wetlands identified
on Schedule 'A' to this Plan are classified as Provincially Significant,
except for McGibbon Creek Wetland, which is classified as Locally
Significant.
3)
Development and site alteration of Provincially or Locally Significant
Wetland identified on Schedule 'A' is not permitted.
4)
Development within 120 metres of a Provincially Significant Wetland shall
be subject to the preparation of an Environmental Impact Study which
demonstrates that there will be no negative impacts on the natural
features or ecological functions of the wetland.
5)
Within a wetland, all permitted and accessory uses shall be subject to
Conservation Authority regulations and the only permitted uses shall be:
Open space and passive recreational uses which do not involve
site alterations and do not adversely affect the natural features or
ecological functions of the wetland;
Conservation uses which improve the ecological functions of the
wetland;
Uses of a scientific or educational nature;
Established agricultural uses ongoing at the time of the adoption
of this Official Plan. However, new or expanded structures or the
clearing and draining of additional lands within the wetland shall
not be permitted;
6)
The Policies of this section will be applied to lands where the Ministry of
Natural Resources has identified new wetlands or has revised wetland
boundaries, regardless of whether new wetlands or new boundaries are
designated in this plan.
4.6.7 Significant Valleylands
1)
Valleylands are natural areas that occur in a valley or other landform
depression that have has water flowing through or standing for some
period of time.
2)
No development or site alteration is permitted within any Significant
Valleyland unless it can be demonstrated that there will be no negative
impacts on the natural features or ecological functions of the valleyland.
3)
Development within 120 metres of Provincially Significant Valleylands
shall be subject to the preparation of an Environmental Impact Study
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which demonstrates that there will be no negative impacts on the natural
features or ecological functions of the valleyland.
4)
No Significant Valleylands have been identified in Beckwith Township as
of the date adoption of this Plan. Despite this, it is possible for
valleylands to exist throughout the Township. Should any valleylands be
identified in the future through an amendment to this plan or through any
Environmental Impact Study, the policies of this section shall apply.
4.6.8 Lands Adjacent to Natural Heritage Features
1)
The Province of Ontario's Natural Heritage Reference Manual specifies
adjacent lands as buffer areas that are intended to protect natural
heritage features that are identified on Schedule 'A' or Schedule 'B' of this
Plan, either on the effective date of this Plan or identified in consultation
with the appropriate government agency or identified in this Plan through
an Official Plan Amendment. In considering any development or site
alteration, an environmental impact assessment will be required as
follows:
(a)
within 120 metres of a Provincially Significant Wetland;
(b)
within 30 metres of a Locally Significant Wetland;
(c)
within 120 metres of fish habitat;
(d)
within 120 metres of an Area of Natural and Scientific Interest;
(e)
within 120 metres of significant habitat of endangered and
threatened species; and
(f)
within 120 metres of significant woodlands and significant wildlife
habitat.
2)
The scope and scale of the environmental impact assessment shall be
determined by the Township in consultation with appropriate government
agencies.
3)
The Township may consider reducing an environmental impact
assessment to a scoped study if the proposed development is:
(a)
minor in nature; or
(b)
located in an area where previous relevant studies are sufficient to
provide the necessary technical information to assess a proposal.
If the scoped study indicates that there may be some potential impacts
that warrant a more complete review, a full environmental impact
assessment shall be required.
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4)
Where a full environmental impact assessment is required, it shall:
(a)
be prepared by a qualified professional with expertise in
environmental science;
(b)
define and assess the nature and boundaries of any significant
known and unknown features and ecological functions on or
adjacent to the site;
(c)
describe the location and nature of the proposed development;
(d)
describe the relationship of adjacent lands to any significant
features or ecological functions;
(e)
describe the relationship of the significant features or ecological
functions to the proposed development and adjacent lands;
(f)
demonstrate how and where development can proceed without
negative impacts on the significant features or ecological
functions; and
(g)
describe any mitigation measures that either alleviate or eliminate
the negative impacts of the proposed development on the
significant features or ecological functions.
5)
All relevant First Nations communities shall be consulted for input where
any environmental impact assessment indicates areas of First Nations
interest or potential for encountering First Nations artifacts.
6)
Existing agricultural uses and normal farm practices operating on lands
affected by or adjacent to an identified natural heritage feature shall not
be subject to the requirement for an environmental impact assessment
and shall be allowed to continue.
7)
Development on lots of record that are affected by an identified natural
heritage feature may be permitted unless Planning Act approval is
required, and shall be further considered in accordance with the other
relevant policies of this Plan, the Zoning By-Law and the comments of
other appropriate approval authorities.
4.6.9 Land Stewardship
1)
The Township shall encourage, support and initiate, as appropriate,
public education and awareness initiatives for the protection, rehabilitation
and enhancement of natural heritage features.
2)
The Township shall encourage innovative development patterns and
techniques that support and strengthen natural heritage features.
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3)
The Township shall encourage land stewardship options, including
protecting private lands through easements, purchase, tax incentives, and
dedication to land trusts to preserve and enhance natural heritage
features.
4.6.10 Source Protection Policies
The Mississippi-Rideau Source Protection Plan (MRSPP) provides policy and direction
on protecting sources of drinking water within the Mississippi and Rideau watersheds,
covering an area of 8,500km2 and affecting thirty-one (31) local municipalities. The
MRSPP provides a series of legally binding policies that are designed to give local
municipalities the direction and tools required to mitigate drinking water threats. The
Township of Beckwith recognizes the importance of these policies and is committed to
implementing the legally binding policies of the MRSPP.
The MRSPP has identified the following vulnerable areas within the Township of
Beckwith:
- Carleton Place Intake Protection Zones (IPZs) is an area upstream of the
intake at the Carleton Place water treatment plant on the Mississippi River
where land use activities have the potential to affect the quality of water at the
intake.
The Township will use the following policies to guide land-use planning activities as they
relate to source water protection:
(1) Schedule 'C' identifies the IPZs upstream of the water intake for the Town of
Carleton Place. These identified IPZs represent areas where the Township is
legally required to implement the MRSPP.
(2) The Township shall ensure that all Planning Act and Building Code Act
applications within the IPZs shown on Schedule 'C' shall conform to the policies
of the MRSPP. Municipal Staff and/or a designated Risk Management Official
(RMO) shall review all applications to ensure compliance with the MRSPP and
Sections 57 and 58 of the Clean Water Act. Where a Risk Management Plan is
required, the Township shall not finalize the Planning Act or Building Code Act
application until the RMO has approved the required plan. Where an activity is
considered a significant drinking water threat, the Township shall not approve the
application. The Township or the RMO may include a requirement to provide
source water protection information, such as a "Source Water Protection
Checklist" prior to acceptance of the application as a complete application.
(3) The Township shall appoint a RMO or maintain an enforcement transfer
agreement with another body which has an appointment RMO, such as a local
Conservation Authority or Health Unit.
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(4) The Township will use the Zoning By-law to prohibit all activities that would
constitute a significant drinking water threat in the areas shown on Schedule 'C'.
(5) By January 1, 2016, the Township will establish an education program to raise
awareness about drinking water sources and good stewardship practices to
protect them. Once established, the education program shall be ongoing with
materials disseminated periodically as deemed appropriate by the Township.
(6) By February 1 of each year the Township shall provide the Source Protection
Authority with a summary of implementation activities for the previous calendar
year related to the legally binding policies, where the Township is responsible for
implementation.
(7) The Township will amend the policies of this Official Plan to reflect any changes
to the MRSPP to remain in compliance. This being said, the Township will
implement the legally binding policies of the MRSPP regardless of the policies
contained within the Official Plan.
4.7
Group Homes
4.7.1 A group home is a single housekeeping unit in a residential dwelling in which
three to ten persons (excluding supervisory staff or the receiving family) live as a
family under responsible supervision consistent with the particular requirements
of its residents. The home is licensed or approved under provincial statutes and
in compliance with municipal by-laws.
4.7.2 It is the intent of this Plan to recognize the need for group homes, to recognize
the needs and concerns of the residents of the municipality and to ensure the
effective integration of group homes into the community so that they will function
successfully and achieve community acceptance. To achieve this objective,
appropriate regulations will be included in the Zoning By-law and Council will
provide input to the provincial licensing or approval authorities on any
applications for group homes in the municipality.
4.7.3 Group homes shall be permitted in all land use designations which permit a
residential uses and shall be encouraged to locate in proximity to community
services and facilities that may serve its residents. Notwithstanding the
foregoing, group homes shall not be permitted within the Special Service Area
shown on Schedule A. Where a group home is to be established in an
agricultural designation, the home must be located in an existing dwelling and will
not qualify for a severance in accordance with the policies of Section 6.1 of this
Plan.
4.7.4 Council may establish a Group Homes Advisory Committee to assist in
implementing the group home policies of this Plan by providing advice on specific
group home applications received, by providing advice on new group home
programs approved by the Province, by assisting at public information meetings,
by investigating complaints and by undertaking other related tasks.
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4.8
Cultural Heritage and Archaeological Resources
4.8.1 Cultural Heritage Resources
1)
The Township shall encourage the identification, conservation,
maintenance and enhancement of cultural heritage resources.
2)
The Township may participate in the conservation, maintenance and
enhancement of cultural heritage resources by:
(a)
consulting with the Municipal Heritage Committee on cultural
heritage resource matters;
(b)
designating heritage properties or heritage conservation districts
in accordance with the Ontario Heritage Act;
(c)
public acquisition;
(d)
entering into public-private joint ventures or agreements;
(e)
providing incentives to private owners; or
(f)
using available government and non-government funding
programs to assist in the implementation of cultural heritage
policies.
3)
Where a cultural heritage property is designated under the Ontario
Heritage Act:
(a)
no on-site alteration, removal or demolition shall be undertaken
that would adversely affect its designation except in accordance
with the Ontario Heritage Act; and
(b)
the Township may require that a Heritage Impact Statement be
prepared by a qualified professional to the satisfaction of the
Township for any off-site development, site alteration or demolition
which has the potential to impact the cultural heritage property.
4)
Where an area or landscape of special heritage character is not
designated under the Ontario Heritage Act but is recognized by the
Township as having cultural heritage value:
(a)
proposed developments shall be encouraged to be compatible
with the cultural heritage value of the area or landscape;
(b)
the Township shall encourage the adaptive reuse of existing
buildings which are vacant or underused; and
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(c)
the Township may require that a Heritage Impact Statement be
prepared by a qualified professional to the satisfaction of the
Township for any development, site alteration or demolition which
has the potential to impact the cultural heritage value of the area
or landscape.
5)
The Township shall maintain a Register of Cultural Heritage Resources
that have been:
(a)
designated under the Ontario Heritage Act;
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(b)
protected by an easement under the Ontario Heritage Act;
(c)
identified by senior levels of government; or
(d)
endorsed by Council as having cultural heritage value.
6)
The Township shall co-ordinate its cultural heritage plans and programs
with those of senior levels of government.
4.8.2 Archaeological Resources
1)
Areas of archaeological potential shall be determined through the use of
provincial screening criteria or criteria developed by archaeologists
licensed under the Ontario Heritage Act that are prepared in compliance
with Ministry of Culture guidelines.
2)
Archaeological preservation in situ shall be the preferred method of
maintaining the integrity of archaeological resources. Rescue excavation
of significant archaeological resources may be permitted as a result of a
proposed development, provided it is demonstrated to the satisfaction of
the Township and the Ministry of Culture that in situ preservation is not
possible.
3)
The Township may require of the development proponent that
archaeological assessments be conducted by archaeologists licensed
under the Ontario Heritage Act and prepared in compliance with Ministry
of Culture guidelines as a condition of any proposed development in
areas containing a known archaeological site or considered to have
archaeological potential. All relevant First Nations communities shall be
consulted for input where any archaeological assessment indicates areas
of First Nations interest or potential for encountering First Nations
artifacts.
4)
In the event that human remains or cemeteries are identified or
encountered during site assessment or development, all work shall cease
and the site shall be secured. The appropriate Township and provincial
authorities shall be notified and the required provisions under the Ontario
Heritage Act and the Cemeteries Act shall be followed. All relevant First
Nations communities shall be consulted for input where any burial site or
remains is considered to be of potential First Nations origin. The
Township may require that the development proponent retain
archaeologists licensed under the Ontario Heritage Act to assess or
monitor the site and recommend conservation strategies to the
satisfaction of the Township, the Ministry of Culture and all relevant First
Nations communities.
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4.9
Holding Zones
It is not intended that all land use areas designated in the Official Plan will be zoned for
such uses immediately in the Zoning By-law. Areas may be zoned otherwise in the By-
law for their existing uses or in a holding zone category as provided for in the Planning
Act, and in accordance with the following objectives and criteria:
4.9.1 It is the intention of Council to place certain lands within a holding category in the
implementing Zoning By-law when the principle of development has been
established, in order to:
(i)
identify future development areas;
(ii)
reserve their use until it is clear that private services are appropriate;
(iii)
ensure that any development constraints can be properly overcome;
(iv)
effect the phasing and proper design of large scale residential,
commercial or industrial developments;
(v)
determine the financial requirements;
(vi)
ensure that any necessary agreements have been established.
4.9.2 Lands throughout the municipality may be zoned in a holding zone in accordance
with the objectives set forth above.
4.9.3 Lands which are subject to holding provisions will be identified in the Zoning By-
law by the symbol "h" in conjunction with the appropriate zone symbol denoting
the eventual usage of the land and will be subject to the following policies:
(i)
Lands in a holding zone will generally be limited to existing uses or uses
which will not prejudice the future development of the lands such as
agricultural uses, forestry uses, conservation uses, park and open space
uses.
(ii)
New development proposed on land zoned for holding purposes will not
be permitted until Council deems it appropriate to remove the holding
symbol through an amending By-law in accordance with the conditions
outlined below.
4.9.4 An application for removal of the holding symbol will be reviewed by Council in
consideration of the following criteria:
(i)
The proposed use of lands is in conformity with the requirements of the
Zoning By-law.
(ii)
The required services are provided or can be provided.
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(iii)
Any required tests or reports are completed to Council's satisfaction.
(iv)
The financial requirements of the municipality have been fulfilled.
(v)
The phasing and design of the proposed development is approved by
Council.
(vi)
Any agreements have been completed to Council's satisfaction.
4.9.5 When Council is satisfied that the above criteria have been met in full, Council
will consider a proposal to remove the "h" symbol. Notice will be given of
Council's intention to remove the holding symbol in accordance with the
requirements of the Planning Act.
4.9.6 For those lands designated as "Commercial" and located in part of Lot 21,
Concession 10, the implementing Zoning By-law will include a holding zone in
accordance with this section. Prior to the removal of the holding symbol, Council
will be satisfied that the following additional conditions have been met:
(i)
A study has been prepared by a qualified engineer demonstrating that the
proposed development will have no impact on the flow of groundwater
which has been contaminated with volatile organic compounds. Such
study must be acceptable to the Township and the Ministry of the
Environment.
(ii)
The results of the groundwater contamination modelling being
undertaken, as part of the Class Environmental Assessment Alternate
Water Study Report, by the Township and the Ministry of the Environment
have been received, reviewed and approved.
4.10
Home Occupations
4.10.1 General Home Occupations
Professional uses and home occupations may be permitted as an accessory use
to any residential use. Specific provisions relating to home occupations will be
established in the Zoning By-law.
4.10.2 Rural Home Occupations
Rural home occupations which are accessory to a farming operation may be
permitted. The requirements for such uses will be established in the Zoning By-
law.
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4.11
Institutional Uses
Institutional uses such as schools, day care centres, hospitals, museums, churches,
libraries, community centres, service clubs and similar public or quasi-public uses will
generally be permitted in all land use designations except Agriculture, Flood Plain,
Mineral Aggregate, Wrecking Yard and Waste Disposal provided that the design and
siting of the buildings and structures are in keeping with the character of the surrounding
area and the institutional use will not detract from the primary function and use of the
area. Institutional uses will be subject to the following policies:
4.11.1 The land is suitable for the proposed use.
4.11.2 Adequate off-street parking and loading space will be provided.
4.11.3 Consideration will be given to locating any institutional use that generates a
significant amount of traffic in an appropriate place so that surrounding uses are
not adversely affected by it.
4.11.4 The location and site development of institutional uses will be regulated through
the Zoning By-law.
4.11.5 Institutional uses will be discouraged in the Agriculture designation, but may be
permitted where there is favourable support from the Ministry of Agriculture and
Food.
4.12
Land Use Compatibility
In reviewing any development application, Council will be satisfied that the proposed use
will be compatible with surrounding uses or can be made to be compatible in a manner
that either eliminates or minimizes to an acceptable level any adverse effects from the
proposed use. Adverse effects may include, but are not limited to:
(i)
shadowing;
(ii)
loss of privacy;
(iii)
loss of neighbourhood or streetscape character;
(iv)
development that is inconsistent with applicable Ministry of Environment
Guidelines;
(v)
increased levels of traffic that exceed the capacity of the affected road network or
its intended function;
(vi)
environmental damage or degradation;
(vii)
impacts of private water and sewage services on groundwater resources;
27
(viii)
a decline in public health or safety; or
(ix)
incompatibility in terms of scale, style and massing of associated buildings or
structures.
Compatibility can be achieved in a variety of ways. It can be a separation distance
which is appropriate to the particular uses. It can be buffering features such as a berm,
wall, fence or landscaping or a combination of these features. It can also consist of an
intervening land use which would be compatible with both of the conflicting uses. Where
buffering provisions are the means to be used to ensure compatibility, such provisions
will be determined through the site plan approval process.
4.13
Noise
For any proposed residential subdivision in close proximity to a major source of noise,
i.e. a highway, an airport, a railway or a quarry, the developer will be required to conduct
a noise study. The noise study shall be prepared in accordance with applicable Ministry
of Environment Guidelines. For any proposed residential severance in close proximity to
a major source of noise, Council will consider any potential noise problem in determining
the appropriateness of the proposed severance.
4.14
Non-Conforming Uses
Any uses legally existing at the date of adoption of this Official Plan that do not conform
to this Plan will be deemed non-conforming uses.
4.14.1 Such uses may be zoned in any implementing Zoning By-law in accordance with
their present use provided that:
(i)
the zoning will not permit any change of use or performance standard that
will aggravate any situation detrimental to adjacent complying uses;
(ii)
they do not constitute a danger to surrounding uses and persons by virtue
of their hazardous nature or the traffic flow they generate;
(iii)
they do not pollute the air, water or soil to the detriment of health, comfort
and property; and
(iv)
they do not interfere with the development or enjoyment of adjacent areas
in accordance with this Plan.
4.14.2 Where an existing use does not meet with the criteria set out above, it will not be
zoned in accordance with its present use. Furthermore, the Municipality may
seek means to eliminate the use and may acquire it when sufficient funds are
available or assist in whatever way possible in the relocation of the use.
28
4.14.3 Where an existing non-conforming use is discontinued, any rezoning may only
take place in conformity with this Official Plan.
4.14.4 Where an existing use has been zoned as a non-conforming use, but there is
merit in granting permission to extend or enlarge the use either within the lands
held in ownership or on adjacent properties, Council may amend the Zoning By-
law to permit such extension or enlargement without the necessity of amending
the Official Plan if it complies with the general intent and purpose of this Plan.
The Committee of Adjustment also may, based on merit, permit the extension or
enlargement of a non-conforming use on lands owned at the time of passing of
the By-law, provided that the intent and purpose of the Official Plan are
maintained.
Council or the Committee of Adjustment shall use the following guidelines when
assessing any application for an extension or enlargement of a use which is
zoned as a non-conforming use:
(i)
The extension or enlargement should not aggravate the non-conforming
situation for neighbouring uses.
(ii)
The extension or enlargement should be in reasonable proportion to the
existing use and to the land on which it is to be located.
(iii)
Any extension or enlargement involving land should be minor in relation
to the total property. Any major change shall require an amendment to
the Plan.
(iv)
The compatibility of the extension or enlargement to surrounding uses
with regard to noise, vibration, fumes, smoke, dust, odours, lights and
traffic generation will be examined carefully.
(v)
Adequate buffering, setbacks and any other measures necessary to
reduce the nuisance will be required and where possible shall be
extended to the existing use.
(vi)
Proper access to the site will be provided to ensure that no traffic hazards
are created.
(vii)
Adequate on-site parking and loading space will be provided.
(viii)
Applicable services such as storm drainage, water supply, sewage
disposal and roads, etc. are adequate or will be made adequate.
(ix)
Neighbouring uses will be notified of the proposed extension or
enlargement of the non-conforming use before the final decision on the
application is made.
(x)
In areas subject to environmental constraints, environmental hazards,
human generated hazards or physical limitations, the Township, in
29
consultation with other appropriate approval authorities, shall consider the
potential adverse impacts of the extension or enlargement on the
identified constraints, hazards or limitations.
4.14.5 The Committee of Adjustment may permit a change in use to a similar use or
more compatible use.
4.14.6 Where an existing building or structure which has been zoned as a non-
conforming use is destroyed, such building or structure may be reconstructed to
its former dimensions provided work is commenced within twelve months of the
date of destruction. An existing building or structure which is zoned as a non-
conforming use may be reconstructed or strengthened to a safe condition
provided the external dimensions and use of the building or structure are not
changed.
4.14.7 The development of existing undersized lots may be permitted in accordance
with the relevant provisions of the Zoning By-law provided that where the
development is on private services, the lot is of an adequate size for a well and
sewage disposal system approved by the Ministry of the Environment or its
agents. A lot addition or enlargement to an existing undersized lot may be
permitted even though the addition does not bring the lot up to the standard
required in the Zoning By-law. In such a case, the lot does not lose its non-
conforming status and may be developed in accordance with the relevant
provisions of the By-law.
4.15
Parks and Recreation
Parks will generally be permitted within all land use designations except Mineral
Aggregate, Wrecking Yard or Waste Disposal. On lands designated as Agriculture,
parks may be permitted provided that there are no recreational buildings, the land is left
in parcels suitable for commercial farming and does not alter the soils or topography
adversely. It is intended that parkland be acquired partly by dedication as outlined in
Section 4.5 and partly by acquisition. The specific details of parkland acquisition and
development will be dealt with through the Recreation Master Plan which will include
such things as acquiring additional land, building appropriate facilities, establishing
recreation programs, developing municipally owned water oriented facilities, and
encouraging public/private initiatives in developing various trails through the Municipality.
It is an important priority that wherever possible, waterfront lands be acquired by the
Township as outlined in the Recreation Master Plan. The Recreation Committee will
provide guidance and suggestions to Council on the implementation of parks and
recreational development through the regular updating of the Recreation Master Plan.
4.16
Public Uses and Utilities
Public uses and utilities such as power, water services, roads, railways, telephone and
30
gas but not including waste disposal sites will generally be permitted in all land use
designations provided that such use or utility is necessary and appropriate in the
location and can be made compatible with surrounding uses.
The following policy will apply specifically to electric power facilities:
4.16.1 The development of electric power facilities will occur in an orderly manner to
facilitate the efficient and reliable provision of adequate electric power. As such,
it is the policy of this Plan that electric power facilities are permitted in all land
use designations without an amendment to the Plan provided that the planning of
all such facilities is carried out having regard to the other policies of this Plan.
Furthermore, Ontario Hydro will consult with the municipality on the location of
any new electric power facilities.
4.17
Separation Distances
Residential uses in particular will be located an appropriate distance away from any use
or facility which would be a potential source of nuisance such as railways, airports,
freeways and major highways, industrial uses, waste disposal sites, wrecking yards,
mineral aggregate areas, intensive livestock operations. Separation distances specific
to the particular use will be established in the Zoning By-law or through development
approval processes and will be subject to applicable Ministry of the Environment
Guidelines. Where appropriate, the Minimum Separation Distance formulae shall also
apply to all new or expanding farm and applicable non-farm development. Separation
distances or appropriate remedial measures may also be incorporated into subdivision
agreements or other agreements.
4.18
Servicing Requirements
4.18.1 General Requirements
(i)
For the foreseeable future, all development within the Township of
Beckwith will take place on private water and sewage services. All
development on private services must receive approval from the
appropriate approval authority before proceeding. The minimum lot size
for any private serviced development will be in accordance with the
relevant Sections of this Plan and the Zoning By-law although the Ministry
may increase these minimum standards and impose other conditions or
restrictions where necessary in the interests of the health and safety of
the residents of the Township. Any required servicing studies will be
provided by the developer to the satisfaction of Council, the Health Unit
and the Ministry of the Environment.
(ii)
Development will be encouraged to take place where other services are
already available or can be readily provided. Such services and facilities
include public roads, garbage collection and disposal, fire protection,
police protection, education, school busing and parks. In general, new
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development should not create an undue financial burden for the
Municipality unless it can be shown that the long term benefits outweigh
the costs.
4.18.2 Special Service Area Requirements
A Special Service Area has been delineated and shown on Schedule 'B'. The
Special Service Area corresponds to the Implementation Area, which was
determined through the Class Environmental Assessment process to arrive at a
solution to the contaminated water problem. The solution to the contamination
problem in Beckwith Township was determined through the Class EA process in
consultation with the public and the Ministries of the Environment and Municipal
Affairs and Housing. A site specific solution using in-house treatment systems,
together with a Township administered monitoring and rebedding program, was
determined to be the preferred solution. The boundary of the Special Service
Area encompasses all properties that have had a detection of volatile organic
compounds (VOCs). Within this boundary, there are also many properties that
have had no detections of VOCs. However, since there is a potential for
contaminated water within this area, certain special conditions for existing and
future development will be required. There are 347 existing lots within the
Special Service Area. Of these, 304 lots have dwellings with one property having
two (2) dwellings. In addition, there are five (5) commercial lots, two (2) park
properties, one (1) institutional property, and thirty-five (35) vacant lots. All
existing residential property owners will be offered the opportunity to receive all
required water filtration equipment, including installation, free of charge and must
join the Program for five years. The monitoring and filter rebedding program will
be offered on a cost recovery basis, by the Township, but participation in the
Program will be voluntary after the first five years for the existing residential
properties and for the existing vacant lots. In addition, for lots having existing
uses other than residential, the owner will be offered the water filtration
equipment and installation free of charge, provided that the water well provides
for domestic type usage. Participation in the monitoring and filter rebedding
program will be voluntary after five years. All existing vacant lots that are zoned
to permit a residential use will be permitted to be developed. Those existing
vacant lots for which a building permit is received prior to the effective date of the
implementation of the water supply program will be eligible to receive the water
filtration equipment, including installation, free of charge. Participation in the
monitoring and filter rebedding program will be voluntary after five years. After
the effective date, owners of existing vacant lots having water that exceeds the
Ontario Drinking Water Standard for VOCs will be eligible to receive the water
filtration equipment, including installation, free of charge, as long as there is
sufficient money in the reserve fund. Participation in the monitoring and filter
rebedding program will be voluntary after five years.
New lot creation within the Special Service Area will only be permitted by
consent. On lands designated Residential or Rural Lands, a maximum of two
new lots from a holding that existed as of July 1, 1973 will be allowed, provided
that all other relevant policies of the Plan are met. Any such new development
will only be approved with the condition that the homeowner must participate in
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the Program of the Township in accordance with the policies set out in Section
4.5.2 (iii) of this Plan.
4.19
Setbacks from Water
1)
The Zoning By-Law shall contain regulations that ensure that all buildings and
structures, except for electric power transmission lines and other public utilities,
as well as marinas and marine facilities, private and public docks, boathouses,
public beach developments or improvements and shoreline stabilization works
are set back the greater of the following:
(a)
a minimum of 30 metres from the high water mark of any waterbody or
watercourse;
(b)
15 metres from the top of bank;
(c)
development limits established by the regulatory flood line;
(d)
development limits established by environmental impact assessments; or
(e)
development limits established by the erosion hazard limit.
2)
Setback requirements may be increased or decreased, depending on site
conditions and the nature of the proposed development. Decreases shall only be
considered for proposed developments on existing lots of record which cannot
meet a 30 metre setback for development and shall ensure the greatest setback
possible is achieved.
4.20
Site Plan Control
Site plan control is intended to be used where the type of development proposed or the
features of the particular site require greater care in regulating the development of
buildings, structures and other proposed features than is possible or practical through
the Zoning By-law.
The entire Township shall be designated as a Site Plan Control Area. Within the
Township, all commercial uses, industrial uses, institutional uses, mobile home parks,
multiple residential uses (3 or more units), wrecking yards, and all properties which abut
a lake or watercourse or designated Wetlands are subject to Site Plan Control.
It is Council's intention to use site plan control to obtain road widenings where
necessary, especially where the proposed use will generate significant volumes of traffic
or where the entrance on to the public road would otherwise be unsafe. This policy
applies to all roads under Township jurisdiction. It is also Council's intent to obtain trails
and pathways wherever appropriate to assist with the implementation of Section
4.5.1(iv).
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Any new non-residential use that requires a water well for domestic type usage in the
Special Service Area, as shown on Schedule 'B', will be required, as a condition of site
plan approval, to provide water filtration equipment and participate in the monitoring and
filter rebedding program of the Township. The specific terms and conditions will be
included in a site plan control agreement, which will be registered on title.
4.21
Temporary Uses
Temporary uses may be permitted in the implementing Zoning By-law. In particular, the
By-law may provide for the use of a mobile home as a temporary residence in
accordance with the conditions, location and time period prescribed in the By-law.
Notwithstanding the policies and designations of this Official Plan, Council may, in
accordance with the provisions of Section 39 of the Planning Act, pass By-Laws to
authorize the temporary use of land, buildings or structures for any purpose. In
considering applications for such temporary uses, Council shall have regard for the
following:
4.21.1 Such uses will be temporary in nature, be compatible with surrounding land uses
and will not interfere with the long term development of the area; and
4.21.2 Appropriate controls will be included in the amending By-law to adequately
regulate the temporary uses.
4.22
Wayside Pits, Wayside Quarries, Portable Asphalt Plants and Portable Concrete Plants
1)
Wayside pits, wayside quarries, portable asphalt plants and portable concrete
plants are generally permitted throughout the Township without the need to
amend this Plan or the Zoning By-law, provided that:
(a)
no severe environmental disruption will occur; and
(b)
the site is not within existing residential areas or designated Wetlands or
in proximity to any waterbody or watercourse.
2)
Prior to the establishment of a wayside pit, wayside quarry, portable asphalt plant
or portable concrete plant for provincial purposes, Council will be advised by the
Ministry of Natural Resources that the proposed operation qualifies as a wayside
pit, wayside quarry, portable asphalt plant or portable concrete plant.
3)
Prior to the establishment of a wayside pit, wayside quarry, portable asphalt plant
or portable concrete plant for municipal purposes, Council will be advised by
Township staff and the Ministry of Natural Resources that the proposed operation
qualifies as a wayside pit, wayside quarry, portable asphalt plant or portable
concrete plant.
4)
A rehabilitation plan shall be prepared to the satisfaction of the Township as a
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condition of approval.
4.23
Secondary Units
1)
Secondary units shall be permitted in certain zones of the By-Law in accordance
with Sections 16(3) and 35.1 of the Planning Act.
2)
The development of a secondary unit within a principal dwelling shall further be
subject to the other relevant policies in this Plan and the following criteria:
(a)
no more than 40 percent of the gross floor area of the principal dwelling
may be developed for a secondary unit;
(b)
the secondary unit shall comply with the Ontario Building and Fire Codes;
(c)
safe access, parking and private amenity areas for all residents shall be
provided;
(d)
the secondary unit shall be designed and located in such a manner so as
to not have an adverse effect on servicing requirements;
(e)
a maximum of one secondary unit shall be permitted:
(i)
within a detached dwelling;
(ii)
within each half of a semi-detached dwelling;
(iii)
for the whole of a duplex dwelling; or
(iv)
within a row house dwelling;
(f)
a secondary unit within the principal dwelling shall not be permitted where
there is a pre-existing secondary unit within an accessory building on the
lot; and
(g)
as a condition of approval:
(i)
the secondary unit shall be subject to site plan control approval;
and
35
(ii)
the Township may require that the secondary unit is registered in
accordance with the provisions of the Municipal Act.
3)
The development of a secondary unit within an accessory building shall further
be subject to the other relevant policies in this Plan and the following criteria:
(a)
the secondary unit shall be limited to a single bedroom only with no
sanitary, kitchen or cooking facilities;
(b)
the secondary unit shall comply with the Ontario Building and Fire Codes;
(c)
safe access and parking shall be provided;
(d)
the secondary unit shall be designed and located in such a manner so as
to not have an adverse effect on areas having environmental constraints,
environmental hazards, human generated hazards or physical limitations,
the streetscape, traffic levels, the character of the surrounding
neighbourhood or privacy of adjacent residential properties;
(e)
a maximum of one secondary unit shall be permitted;
(f)
a secondary unit within an accessory building shall not be permitted
where there is a pre-existing secondary unit within the principal dwelling
on the lot; and
(g)
as a condition of approval:
(i)
the secondary unit shall be subject to site plan control approval;
and
(ii)
the Township may require that the secondary unit is registered in
accordance with the provisions of the Municipal Act.
4.24
Renewable Energy Systems
1)
For the purposes of this Section, renewable energy systems shall include, but not
be limited to, wind energy, solar energy and biomass energy systems.
2)
The Township shall:
(a)
promote development that explores opportunities for the use of renewable
energy infrastructure; and
(b)
support public education, pilot projects and demonstration programs that
explore ways to use renewable energy infrastructure in development.
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4.25
Hazard Protection
4.25.1 Erosion Hazards
1)
To reduce the risk to public safety and property due to erosion and slope
instability, the Township, in consultation with the appropriate
Conservation Authority, shall ensure that proposed developments are
located outside erosion hazard limits, which are described and shown in
Schedule 'EH-1' below as the sum of:
(a)
an amount for toe erosion, which is defined as the erosion that
takes place at the bottom of a slope;
(b)
the stable slope allowance, which is defined as a horizontal
setback measured from the toe of the bank, bluff or slope, equal to
three times the height of the bank, bluff or slope; and
(c)
an erosion access allowance of at least 6 metres from the top of
the stable slope or 10 metres from the top of the bank, whichever
is greater.
Schedule EH-1:
Erosion Hazard Limit
2)
Despite the above:
(a)
the extent of the erosion hazard limit for areas containing organic
soils, including muck, marsh and peat type soils, shall be equal to
the outer limit of the organic soils, measured landward from the
toe of slope; and
(b)
the extent of the erosion hazard limit for areas containing or
suspected of containing sensitive marine clays (Leda Clay) shall
be determined by a geotechnical study prepared by a qualified
engineer to the satisfaction of the Township.
3)
This Plan encourages that the Township, in consultation with the
appropriate Conservation Authority, continue to identify and map erosion
hazard limits within the Township.
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4.25.2 Contaminated Sites
1)
Where Township records or other information indicate that a property may
be contaminated by a prior or current use, a Phase 1 Environmental Site
Assessment that documents prior uses shall be prepared by the
proponent to the satisfaction of the Township as part of a proposed
development of the property.
2)
Where a Phase 1 Environmental Site Assessment prepared in support of
a proposed development indicates that the affected property may have
been contaminated, a Phase 2 Environmental Site Assessment shall be
prepared by the proponent to the satisfaction of the Township.
3)
If contamination has spread beyond the affected property, the Township
shall require that an Off-Site Management Plan and Remedial Action Plan
be implemented.
4)
Mandatory filing of a Record of Site Condition in the Provincial Registry
shall be required for the change in use of a property from industrial or
commercial to residential or parkland. Cleanup of contaminated
properties shall be done in accordance with Provincial Regulations and
Guidelines.
5)
Where a gasoline station site is being redeveloped and there is no
change in use to a more sensitive use, the Township shall require a letter
of continued use from the Technical Standards and Safety Authority.
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SECTION 5
LAND USE POLICIES - COMMUNITY DEVELOPMENT AREAS
The community development areas shown on the Land Use Schedule are the locations where
concentrated urban-type growth will be encouraged. The boundaries indicate the future limits
for these areas. Any significant expansions beyond these boundaries will require an
amendment to this Plan. The major land use designations within these areas are shown on
Schedule 'A'. The policies for the various land uses are set out below.
5.1
Residential
5.1.1 Residential development will include a variety of dwelling types ranging from
single family to low rise multiple family housing.
5.1.2 Development will take place in accordance with the policies of Section 4 and any
other relevant policies of this Plan. It is Council's intention that development will
generally occur by plan of subdivision. Severances may be allowed in infilling
situations or in exceptional cases where it is clear that a plan of subdivision is not
necessary for the orderly development of the land. Within the Special Service
Area shown on Schedule 'B', new residential subdivisions will not be permitted.
5.1.3 For any proposal for multiple family development, the applicant must provide an
engineer's report which sets out the recommendations for development on
private services. The applicant may be required to provide such things as test
wells, a hydrogeological study, detailed design or other such information as
determined by Council in consultation with the Ministry of the Environment and
the Health Unit. Within the Special Service Area shown on Schedule 'B', multiple
family developments will not be permitted.
5.1.4 Where any proposed development is intended to involve condominium ownership
or other ownership method where the Ministry of the Environment requires the
municipality to be a party to the operating agreement, the municipality will not
sign the agreement or enact the amending By-law until Council is satisfied that
the proposed private services will be of the highest reasonable standard to
ensure the reliable functioning of the systems in the future and that satisfactory
financial arrangements have been made between the developer and the
municipality to ensure that the Township will not incur the cost of repair or
replacement of these systems. The Ministry of the Environment may require
municipal ownership of communal water and/or sewage system works.
5.1.5 Local commercial uses such as convenience stores and personal services may
be allowed within the residential area. Other commercial uses may be permitted
subject to the policies outlined below.
5.1.6 Residential development shall be accommodated through development of vacant
lands, evaluating surplus municipal lands for their suitability for housing
39
developments, converting non-residential structures, infill and redevelopment.
5.1.7 The Township may assist, where required by legislation, the Federal and
Provincial Governments in the administration of housing programs.
5.1.8 Residential developments that offer innovative design features, construction
techniques or tenure arrangements; which are consistent with the objectives of
the Plan and which broaden the range of housing alternatives, including
affordable housing, shall be encouraged.
5.1.9 When evaluating requests for new residential development or redevelopment,
Council will:
(i)
encourage a minimum 25% of new residential development to be
affordable, that is, affordable to households within the lowest 60% of the
income distribution as defined from time to time by the appropriate
provincial agency; and
(ii)
encourage housing forms and densities designed to be affordable.
5.1.10 Opportunities for intensification and redevelopment shall be promoted where it
can be accommodated through existing building stock, infill and existing vacant
lots, including brownfield sites. Consideration for such initiatives shall recognize
the availability of existing or planned infrastructure suitable to accommodate
projected needs. Council may establish minimum targets for intensification and
redevelopment without an amendment to the Official Plan.
5.2
Commercial
5.2.1 Commercial uses will include a wide range of commercial services for the
residents of the municipality and the travelling public. Commercial development
will be permitted along the main roads in the communities and at key locations
along the highways. Commercial areas have been identified on the Land Use
Schedule along Highway No. 7 and in the Black's Corners community. In the
other communities, specific commercial areas have not been identified but it will
be the policy of Council to encourage such uses to locate in coherent groupings
as much as possible along the main roads. The main roads will include the Ninth
Line Road and the Goulbourn Townline Road in Ashton, County Road No. 10 in
Prospect, Highway No. 15 and County Road No. 10 in Franktown and County
Road No. 10 in Gillies Corners. The compatibility of commercial development
with other uses will be ensured by such means as the control of ingress and
egress to the site, provision of adequate parking and loading spaces, buffering
and any other restrictions that Council considers appropriate.
5.2.2 For any proposed commercial development, the applicant must provide an
engineer's report which sets out the recommendations for development on
private services. The specific matters to be addressed in the report will be
determined by Council in consultation with the Health Unit and the Ministry of the
40
Environment.
5.2.3 Commercial development in the form of shopping plazas will be permitted subject
to the provisions of the Zoning By-law. For any proposed shopping centre with a
proposed gross floor area in excess of 2500 m², Council may require that a
market study be prepared.
5.3
Industrial
5.3.1 Industrial development will be permitted within lands so designated on the Land
Use Schedule. It is Council's intention to encourage the development of these
areas as industrial parks.
5.3.2 The uses permitted in the industrial parks will be restricted to those uses that do
not require large quantities of water, do not pose problems for the disposal of
wastes and do not create problems from smoke, dust, noise or similar obnoxious
features. Complementary commercial and institutional uses will also be allowed
within the industrial park. The Zoning By-Law will establish permitted uses and
setbacks from residential or other sensitive uses in accordance with applicable
Ministry of Environment Guidelines.
5.3.3 The industrial areas within the communities are intended to be developed as
business parks with a mixture of light industrial, commercial, institutional and
business uses.
5.3.4 For any proposed development in an industrial area, the applicant must provide
an engineer's report which sets out the recommendations for development on
private services. The specific matters to be addressed in the report will be
determined by Council in consultation with the Health Unit and the Ministry of the
Environment.
5.4
Institutional
5.4.1 There is one area in the community of Black's Corners that has been specifically
designated for Institutional uses. This area presently contains the new school
site, the municipal office, the firehall and some municipal parkland. It is Council's
intention that this area become a focal point for the Township of Beckwith and for
the community of Black's Corners.
5.4.2 Other uses such as commercial and residential uses will be allowed within this
area subject to the relevant policies of this Plan. Any such development must be
designed and arranged to complement the principal purpose of this area.
5.4.3 For any proposed institutional development, the applicant must provide an
engineer's report which sets out the recommendations for development on
private services. The specific matters to be addressed in the report will be
determined by Council in consultation with the Health Unit and the Ministry of the
41
Environment.
5.4.4 Within the area designated Institutional in the community of Franktown, a private
school and facilities related thereto will also be permitted. The other relevant
policies of this Section will apply to this area.
5.5
Black's Corners Community
Black's Corners is the largest Community Development Area in Beckwith Township.
Considerable growth has taken place in and around this community. Black's Corners
has become the focal point for the municipality and it is intended to foster and enhance
this role.
In recent years, over 60 percent of the Township's growth has occurred in Black's
Corners. Given the recent resolution of groundwater contamination issues that impacted
the extent of development in this area since 2000, it is assumed that this ratio will
continue over the twenty-year planning horizon to 2029.
The boundary of the Black's Corners Community, as shown on Schedule 'A', reflects the
following considerations:
the boundary adjustment at the northern part of the community
the additional lands required for future residential development
natural and man made development constraints.
The Black's Corners Community has specific land use designations as shown on
Schedule 'A'. The land use policies for the Community Development Areas as set out in
preceding Sections of the Plan will continue to apply. As a result of the Black's Corners
Planning Study, the following special policies will also apply specifically to the Black's
Corners Community.
5.5.1 It is intended that Black's Corners will function as a focal point for the Township
of Beckwith.
5.5.2 Wherever possible, linkages between residential areas will be encouraged.
5.5.3 Subdivision design should incorporate the natural features of the site.
5.5.4 In reviewing plans of subdivision, Council will encourage the retention of existing
healthy vegetation beyond the site development envelope.
5.5.5 Through the requirements of the Zoning By-law, appropriate spacing between
dwellings will be maintained so that the rural residential character of the
community is preserved.
5.5.6 Multiple family housing will be encouraged to locate on the main roads within the
community.
42
5.5.7 It is the intention of Council to protect significant woodlots or other interesting
natural features to enhance the visual amenities of the Community.
5.5.8 Commercial and industrial uses which abut Highway 15 will be required to
provide appropriate landscaping and other site elements to create an attractive
appearance from the road.
5.5.9 Council will consider utilizing signage or other design elements to define the
community as a place.
5.5.10 For any portion of a new residential development or any other sensitive land
uses(s) with the Black's Corners Community that falls within 500m of lands east
of the railway, and adjacent to the property containing the former Levine landfill
site, located in Part of Lot 13, Concession 10, development is not permitted,
except on existing lots of record. For any proposed development within 500
metres of lands west of the railways, and adjacent to the property containing the
former Levine landfill site, a hydrogeological study must be undertaken prior to
any development occurring in order to address any potential groundwater
implications relating to the Volatile Organic Compounds (VOC) contaminants
originating from this landfill site. The specific terms of reference for the study are
to be determined in consultation with the Ministry of the Environment (MOE) and
the Township.
5.5.11 For any portion of a new residential development or any other sensitive land
uses(s) within the Black's Corners Community that falls within 500 metres of a
main railway line, or near an airport for which NEF/NEP contours have not been
developed, the policies of Sections 4.13 and 4.17 of this Plan apply.
5.5.12 Special Policy Areas - Part of Lot 13, and Part of Lot 14, Concession 10
The former Levine Landfill site is located on Part of Lot 13, Concession 10, as
identified on Schedule 'B'. This site has been associated with groundwater
contamination in an area originating at the site and flowing in an easterly and
southeasterly direction.
Part of Lot 13 and Part of Lot 14, Concession 10, are identified as Special Policy
Area 1, Special Policy Area 2 or Special Policy Area 3 on Schedule 'B'. The
function of the Special Policy Areas is to provide appropriate requirements to
ensure that sufficient studies are conducted to provide the Township with
satisfaction that development can occur with adequate quality and quantity of
water to service the development.
Special Policy Area 1
Prior to any development occurring on the subject lands identified on Schedule
'B' as Special Policy Area 1, the following requirements must be met to the
satisfaction of the Ministry of Environment and the Township of Beckwith:
Completion of a long term aquifer test at test well TW3-1 using a
43
minimum of three on-site observation wells and two observation wells on
the Levine landfill site (if available). The duration of the aquifer test will
be long enough to produce a measurable response in observation wells
located within approximately 300 metres of the pumping well.
Groundwater quality in TW3-1 and in the observation wells would be
monitored during aquifer testing;
Completion of a long term aquifer test at test well TW3-2 using a rate
similar to the estimated groundwater demand for the proposed
development in Special Policy Area 1;
Installation of a minimum of two observation wells on-site, in addition to
existing monitoring well BH8, to be used during aquifer testing. The
observation wells will be positioned at various distances and directions
from the pumping well. One of the two observation wells will be installed
in a cored borehole. The core will be logged to provide additional
information on geology, stratigraphy, and fracture density at the site;
Preparation of a report presenting the results of the aquifer testing. The
report will include a discussion of the site conceptual model and the 3-D
numerical groundwater flow model used to predict the migration of
groundwater contaminants originating at the Levine landfill site. Data
from the aquifer test will be used to assess if the groundwater flow system
in the vicinity of the site acts as an equivalent porous media (i.e. relatively
consistent spatial distribution of drawdown) at the scale of interest. The
report will also include recommendations regarding future groundwater
monitoring;
Completion of a hydrogeological report and terrain analysis assessment
to determine the impact of nitrates on the groundwater from septic
systems; and
Completion of a Certificate of Well Compliance for the drilling of each
well.
Special Policy Area 2
Prior to any development occurring on the subject lands identified on Schedule
'B' as Special Policy Area 2, the following requirements must be met to the
satisfaction of the Ministry of Environment and the Township of Beckwith:
Completion of a detailed conceptual model of the area in the vicinity of
the Levine landfill site and the Beckenridge subdivision, and additional
fieldwork (to include but not be limited to borehole core logging, downhole
borehole geophysics and hydraulic testing) to characterize the fractured
bedrock formations in the area;
Completion of a 3-D numerical model that incorporates fracture flow and
transport concepts in fractured rock to assess the potential for
44
contaminant transport from the Levine landfill site towards the
Beckenridge subdivision;
Installation of a monitoring well(s) between the Levine landfill site and the
Beckenridge subdivision with regular monitoring for water quality and to
validate model predictions;
Completion of a long-term pumping test (2 weeks in duration) at test well
TW3-1 and monitoring of groundwater levels and groundwater quality in a
minimum of four (4) observation wells;
Preparation of a report presenting the results of the aquifer testing,
fractured bedrock characterization investigations and groundwater quality
monitoring. The report will include a discussion of the site conceptual
model and the 3-D numerical groundwater flow model used to predict
migration of groundwater contaminants originating at the Levine landfill
site. The report will also include recommendations regarding future
groundwater monitoring;
Completion of a hydrogeological report and terrain analysis assessment
to determine the impact of nitrates on the groundwater from septic
systems; and
Completion of a Certificate of Well Compliance for the drilling of each
well.
Special Policy Area 3
The former Levine Landfill site is located on Part of Lot 13, Concession 10, as
identified on Schedule 'B'. No development will be permitted on these lands.
The only permitted activities within this area will be those related to groundwater
monitoring. Any site remediation will only be undertaken with the prior approval
of the Ministry of the Environment and the Township of Beckwith. Any other
proposed use of these lands will require an amendment to the Official Plan. Prior
to initiating an amendment to the Official Plan, a terms of reference which will set
out the required supporting studies will have to be prepared in consultation with
the Ministry of the Environment and the Township. The required supporting
studies must be submitted with the application for amendment.
All study requirements and pump testing for Special Policy Area 1, Special Policy Area
2, or Special Policy Area 3, as identified above, shall be completed in consultation with
the Ministry of the Environment (MOE) and the Health Unit. No development shall occur
unless Council is satisfied that the above information, and any subsequent information
submitted, sufficiently concludes that an adequate supply of potable water will be
available.
Council will require the use of development controls under the Planning Act to ensure
that development within the Special Policy Areas occurs to its satisfaction and that the
conclusions and recommendations of the above mentioned studies are implemented.
45
These controls may include conditions of approval on consent applications, conditions of
approval for plans of subdivision, site plan approvals, and development agreements as
appropriate.
Prior to development proceeding within the Special Policy Area, an amendment to the
Zoning By-law will be required.
5.6
Expansions to Community Development Areas
The Township may identify a new community development area or allow for the
expansion of a community development area boundary only at the time of a
comprehensive review and only where it has been demonstrated that:
1.
Sufficient opportunities for growth are not available through intensification,
redevelopment and designated growth areas to accommodate the projected
needs over the identified planning horizon;
2.
The infrastructure and public service facilities which are planned or available are
suitable for the development over the long term and protect public health and
safety;
3.
In prime agricultural areas:
a.
the lands do not comprise specialty crop areas;
b.
there are no reasonable alternatives which avoid prime agricultural areas;
c.
there are no reasonable alternatives on lower priority agricultural lands in
prime agricultural areas; and
4.
Impacts from new or expanding community development areas on agricultural
operations which are adjacent or close to the community development area are
mitigated to the extent feasible.
5.
During the consideration of any expansion to any Community Development Area
within the Township, the Township shall review the Mississippi-Rideau Source
Protection Plan to ensure sensitive areas are protected from incompatible
development.
In determining the most appropriate direction for expansions to the boundaries of
settlement areas or the identification of a new community development area the
Township shall consider and apply all the policies related to natural heritage features,
natural resource protection, cultural heritage protection and protection of public health
and safety.
46
SECTION 6
LAND USE POLICIES - RURAL AREAS
The rural areas constitute the remainder of the Township, excluding the community
development areas. The following land use designations are provided for the rural areas:
Agriculture, Mineral Aggregate, Flood Plain, Wetlands, Rural, Mobile Home Park, Wrecking
Yard, Airport, Waste Disposal Site and Hauled Septage Disposal Site. The policies for these
various land uses are set out below.
6.1
Agriculture
6.1.1 Permitted uses in the Agriculture designation will be limited to:
1)
agricultural uses, including the growing of crops, including nursery and
horticultural crops; raising of livestock; raising of other animals for food,
fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry;
maple syrup production; and associated on-farm buildings and structures,
including accommodation for full-time farm labour when the size and
nature of the operation requires additional employment;
2)
agriculture-related commercial and agriculture-related industrial uses that
are small scale and directly related to the farm operation and are required
in close proximity to the farm operation; and
3)
secondary farm occupations, including home occupations, home
industries, bed and breakfast operations, agri-tourism uses and uses that
produce value-added agricultural products from the farm operation on the
property.
6.1.2 Land may be removed from the Agriculture designation for the following
purposes:
1)
the expansion of Community Development Area boundaries at the time of
a comprehensive review of the Official Plan;
2)
mining or quarry operations, subject to the policies in Section 6 of this
Plan; or
3)
limited non-residential uses, provided that:
(a)
the land does not comprise a specialty crop area;
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(b)
there is a demonstrated need for additional land to be designated
within the planning horizon for the proposed use;
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(c)
there are no reasonable alternative areas that avoid Agriculture
lands; and
(d)
there are no alternative areas in the Agriculture designation
consisting of lower capability agricultural soils to accommodate
the proposed use.
6.1.3 In considering an amendment to the Agriculture designation, Council will consult
with the Ministry of Agriculture and Food.
6.1.4 All new or expanding farm and applicable non-farm developments shall comply
with the Minimum Distance Separation formulae. This policy may have
implications for land use designations other than Agriculture.
6.1.5 Severances for agricultural purposes may be permitted if the consent is intended
to consolidate or re-divide good agricultural lands, and provided that both the
retained and severed lots are generally at least 39 hectares (96 acres) in size
and appropriate for the agricultural activity in the area and agricultural practices
in the long run. In determining the appropriateness, consideration will be given to
the capability, flexibility, suitability and viability of both the severed and retained
farm parcels, and the Ministry of Agriculture and Food should be consulted in this
regard.
6.1.6 Agriculture-related commercial and agriculture-related industrial uses will be
encouraged to consolidate into groups and locate within, or adjacent to
Community Development Areas or on lower quality agricultural land. Such uses
will be zoned appropriately in the Zoning By-Law.
6.1.7 Farm-related severances will only be permitted for the following:
1)
an existing residence that is surplus to a farming operation resulting from
a farm consolidation, provided that the minimum lot area is 0.6 hectares
(1.5 acres) and no new residential dwelling is permitted on any additional
vacant remnant parcel that may be created by the severance;
2)
an agricultural-related business and service use subject to Section 6.1.1
of this Plan, and provided that any new lot is limited to the minimum size
needed to accommodate the proposed use and appropriate private water
and sewage services; and
3)
public uses and utility corridors in cases where easements or rights-of-
way are not appropriate.
6.1.8 An existing lot of record in the Agriculture designation may be used for residential
purposes in accordance with the relevant provisions of the Zoning By-Law
provided the lot complies with the Minimum Distance Separation Formulae and
other relevant policies of this Plan.
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6.1.9 New farm-related severances and any new or expanding non-farm use shall not
limit normal farm practices and shall comply with the Minimum Distance
Separation formulae.
6.1.10 Notwithstanding the policies in Section 6.1.7 of this Plan, the creation of non-farm
residential lots in the Agriculture designation shall be prohibited.
6.2
Mineral Aggregate
6.2.1 Mineral Aggregate areas include sand, gravel and limestone resources. These
resources have been identified in studies by the Ministry of Natural Resources. It
is the intention of Council to protect mineral aggregate resources as much as
possible for long-term use and to ensure that the resources are utilized in
accordance with proper controls.
6.2.2 On the Land Use Schedule, the areas designated as Mineral Aggregate have
been further identified as Pit or Quarry. These designations include both existing
licensed operations as well as reserve areas. In the areas identified as Mineral
Aggregate - Pit, only pit operations together with accessory uses such as
crushing facilities, stockpiles and screening operations will be permitted. Within
the areas identified as Mineral Aggregate - Quarry, pit and quarry operations will
be permitted together with accessory uses such as crushing facilities, stockpiles
and screening operations. Asphalt plants, ready-mix concrete plants and
aggregate transfer stations may be permitted within the land designated as
Mineral Aggregate - Quarry but will require site specific zoning in the Zoning By-
law. Within the reserve areas, interim land uses such as agriculture, forestry and
outdoor recreation uses may be permitted provided that these do not include
buildings or activities which would preclude the establishment of a pit or quarry.
6.2.3 For the areas designated as Mineral Aggregate - Quarry, the area to be zoned or
licensed must be located within the boundaries of the designation shown on
Schedule 'A'. Any proposal to expand beyond these limits will require an
amendment to the Official Plan. For the areas designated as Mineral Aggregate
- Pit, the area to be zoned or licensed may extend beyond the boundaries of the
designation shown on Schedule 'A' provided such expansion is reasonable,
respects any separation distances and does not encroach on existing uses in the
area.
6.2.4 The concept of an influence area is recognized as a means to provide mutual
protection from encroachment by incompatible uses for either sensitive land uses
or existing or proposed mineral aggregate operations. The extent of the
influence area from the boundary of an existing or proposed Mineral Aggregate
designation shall be at least 300 metres for a pit and 500 metres for a quarry.
These distances may be increased without amendment to this Plan in order to
address public health and safety concerns, environmental impacts, land use
impacts, and any other adverse effects. In these areas, development which
would preclude or hinder the establishment of new mineral aggregate operations
or access to the resources will only be permitted if a Land Use Compatibility
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Study, undertaken by a qualified professional, demonstrates that:
1)
resource use would not be feasible;
2)
the proposed land use or development will not prevent mineral resource
extraction;
3)
the proposed land use or development serves a greater long term public
interest; and
4)
public health and safety concerns, environmental impacts, land use
impacts, and any other adverse effects are addressed and mitigated.
6.2.5 Generally, only existing licensed pit and quarry operations will be zoned in the
Zoning By-law. The zoning will define the specific uses to be allowed as well as
the zone requirements that will apply. Existing pits and quarries which are not
designated as Mineral Aggregate in the Official Plan may be zoned as such in
the Zoning By-law provided that Council is satisfied that such zoning is
appropriate.
6.2.6 Within the areas designated Mineral Aggregate in the Official Plan, the
establishment of a new pit or quarry or the expansion of an existing operation
onto lands not zoned for such use shall require an amendment to the Zoning By-
law.
6.2.7 The lands within the Mineral Aggregate designation which are not zoned for a pit
or quarry will be placed in an appropriate zone category which will protect the
lands from any incompatible development.
6.2.8 The Township is designated under the Aggregate Resources Act. All pit and
quarry operations must be licensed by the Ministry of Natural Resources and
must meet the requirements of that Act. Through the licensing procedure,
Council may recommend to the Ministry of Natural Resources that certain
conditions be placed on the licence.
6.2.9 All pits and quarries must satisfy the requirements of the Ministry of the
Environment with respect to pumping and dewatering, water supply, waste water,
solid and liquid waste disposal, dust and all emissions to the atmosphere
including noise and vibrations.
6.2.10 Small pit operations (Class B licence) which remove up to a maximum of 20,000
tonnes of material per year will also be permitted within the Rural Land and
Agriculture categories in the Official Plan. Such operations normally provide
material where demand for aggregate is not large. It is intended that by limiting
the amount of material per year to 20,000 tonnes that this type of operation can
proceed and should have very minimal impact on surrounding uses. Any such pit
must be zoned in accordance with the appropriate zone category in the Zoning
By-law. Such operations must also be licensed by the Ministry of Natural
Resources, meet with the requirements of the Ministry of the Environment and
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Energy comply with any other relevant provisions of this Plan. Any pit operation
which exceeds the limit of 20,000 tonnes per year which is not within an area
designated Mineral Aggregate will require an amendment to this Plan.
6.2.11 The removal of part of the Mineral Aggregate designation from the Schedule will
require an amendment to this Plan. Such an amendment will provide justification
for the change in designation and clearly demonstrate and document the need
for the alternate land use. In considering such amendments, Council will consult
with the Ministry of Natural Resources and shall take into account the following:
(i)
evidence provided by the applicant that aggregate extraction is not
feasible due to quality, quantity or other development constraints;
(ii)
the necessity of the alternate land use in comparison to the necessity of
the mineral aggregate resource;
(iii)
the reason for the choice of the location and consideration given to
alternate locations on non-aggregate lands;
(iv)
the consideration given to the option of sequential land use in which the
mineral aggregate is removed prior to development of land for the
proposed use.
6.2.12 Pits, quarries and related facilities except for short form pits and wayside
operations are only permitted within the areas designated as Mineral Aggregate
in accordance with the policies of this Section. The establishment of any new
Mineral Aggregate areas will require an amendment to the Official Plan. In
proposing any such amendment, the applicant must provide sufficient information
for Council and the Ministry of Natural Resources to properly evaluate the
proposal. The information that the applicant must provide may include, but not
necessarily be limited to, the following:
(i)
the compatibility of the proposed development with existing and planned
land uses within a 500 metre radius;
(ii)
location of access and haulage routes, including consideration of
upgrading of existing roads and truck traffic impacts on Community
Development Areas or the residents along those routes;
(iii)
reports from qualified professionals regarding noise, blasting,
hydrogeology, drainage, environmental impact, archaeological
assessment and any other relevant matters; and
(iv)
mining or quarry plans and supporting information related to site
development, landscaping and buffering, operations, decommissioning
and progressive and final site rehabilitation.
6.2.13 All relevant First Nations communities shall be consulted for input where any
archaeological assessment, submitted in support of an Official Plan amendment
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that proposes to establish any new Mineral Aggregate area, indicates areas of
First Nations interest or potential for encountering First Nations artifacts.
6.2.14 In the Agriculture designation, the extraction of mineral aggregates may be
permitted as an interim use provided that the site is rehabilitated with
substantially the same area and soil capability for agriculture being restored.
Complete agricultural rehabilitation may not be required only if it is demonstrated
that:
1)
there is a substantial quantity of mineral aggregate below the water table
warranting extraction;
2)
the depth of planned extraction in a quarry makes restoration of pre-
extraction agricultural capability unfeasible;
3)
other alternatives have been considered by the applicant and found to be
unsuitable; and
4)
agricultural rehabilitation in the remaining areas will be maximized.
6.2.15 The proponent of the mineral aggregate operation shall undertake progressive
and final site rehabilitation in accordance with Provincial Regulations.
6.3
Highway 7 Corridor
1)
Permitted uses on lands designated Highway 7 Corridor shall include:
(a)
agricultural related business and service uses;
(b)
research and development, technology, office, administrative,
professional and technical service uses;
(c)
limited highway commercial uses that require large sites and have
extensive parking, loading and storage requirements; and
(d)
accessory retail and service commercial uses.
2)
Prior to future developments being considered, a secondary plan shall be
prepared by the Township in partnership with affected landowners and in
consultation with the Ministry of Transportation that addresses such matters as:
(a)
land assembly requirements;
(b)
proposed lot patterns, land uses and zoning considerations;
(c)
service road access to individual landholdings;
(d)
traffic circulation patterns and impacts;
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(e)
compatibility with existing, planned or adjacent land uses;
(f)
on-site and off-site servicing requirements and impacts;
(g)
provisions for landscaping, buffering, exterior lighting, parking, loading,
fencing, storage and signage;
(h)
architectural design treatments; and
(i)
timing and phasing of proposed development.
3)
The preparation of the secondary plan and the consideration of future proposed
developments shall be guided by the following:
(a)
rationalization of land ownership patterns is encouraged to create
appropriately sized parcels and lot patterns;
(b)
service road access to individual landholdings is a primary consideration
in the context of reorganizing ownership patterns and facilitating future
development;
(c)
plans of subdivision shall be the preferred means of land division;
(d)
proposed developments shall be of a high quality in terms of building and
site design, which shall be established through architectural design and
landscaping plans and guidelines;
(e)
adequate buffering, in the form of fencing, berming and landscaping, shall
be required to minimize potential impacts between existing, planned or
adjacent land uses;
(f)
adequate parking and loading facilities shall be provided;
(g)
exterior lighting of any building or parking area shall be designed to
deflect glare from adjacent properties; and
(h)
servicing shall meet the requirements of the appropriate approval
authority.
4)
The Township shall not consider any development applications for Zoning By-
Law Amendments or draft plans of subdivision within the Highway 7 Corridor until
the secondary plan has been approved and implemented, either through an
Official Plan Amendment, Zoning By-law amendment, or a combination of both.
6.4
Flood Plain
6.4.1 Lands designated as Flood Plain include those lands in the Township that are
mapped by the local Conservation Authorities and are susceptible to flooding. It
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is recognized that not all flood plain areas are identified on Schedule 'B'. Where
a proposed development is proximate to a known flood plain for which a flood
line study has not been completed, the proponent may be required to undertake
a flood line study in accordance with Provincial Regulations and Guidelines.
6.4.2 The floodplain around Mississippi Lake is based on the "Two Zone" flood hazard
delineation. On Mississippi Lake, the Floodway and Flood Fringe are defined as
follows:
Flood Fringe: The outer portion of the floodplain between the Floodway and the
1:100 regulatory flood line. For Mississippi Lake, the Flood Fringe is defined as
all areas around the lake between 135.0 meters and 135.6 metres elevation.
Flood Way: The hazardous portion of the floodplain where water flows during
flood conditions are expected to be greatest and would cause danger to public
health and safety, or property damage. For Mississippi Lake, the Floodway is
defined as all areas around the lake that fall below the elevation of 135.0 metres.
6.4.2.1
Flood Fringe
Within the flood fringe, permitted uses include those allowed in the abutting
designation where it has been demonstrated that such development can occur
safely and with no adverse impacts.
Development and site alteration in the Flood Fringe is subject to the permit
requirements of the Mississippi Valley Conservation Authority in order to address
flood proofing requirement and ensure safe access.
Uses not permitted within the flood fringe include: any institutional use associated
with hospitals, nursing homes, pre-school, schools, nurseries, and day-cares;
essential emergency services such as fire, police and ambulance stations, and
electrical sub-stations; and uses associated with the disposal, manufacturing,
treatment or storage of hazardous substances.
Existing buildings, structures or private sewage disposal systems which are
damaged or destroyed by flooding may only be repaired or reconstructed if
approved flood proofing techniques are used to the satisfaction of the public body
having jurisdiction, or Council. Council will encourage property owners to
relocate such buildings or structure outside the floodplain where there is
sufficient land available for such relocation.
Minor extensions or enlargements of existing habitable or occupied buildings
located in the flood fringe, other than those listed as permitted above, may be
permitted where it is clearly demonstrated to Council and the relevant
Conservation Authority, through engineering or other studies, that the flood
hazard can be overcome. Such measures may include flood proofing, ensuring
that any openings are located above the flood elevation, and ensuring safe
access in the event of a flood.
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6.4.2.2
Flood Way
Within the flood way, permitted uses are limited to uses which by their nature
must locate within the flood plain, including flood or erosion control structure;
ancillary facilities which are passive, non-structural, and do not adversely impact
the floodplain; minor additions to existing uses.
Uses not permitted within the flood way include: any institutional use associated
with hospitals, nursing homes, pre-school, schools, nurseries, and day-cares;
essential emergency services such as fire, police and ambulance stations, and
electrical sub-stations; and uses associated with the disposal, manufacturing,
treatment or storage of hazardous substances.
Existing buildings, structures or private sewage disposal systems which are
damaged or destroyed by flooding may only be repaired or reconstructed if
approved flood proofing techniques are used to the satisfaction of the public body
having jurisdiction, or Council. Council will encourage property owners to
relocate such buildings or structure outside the flood way where there is sufficient
land available for such relocation.
Minor extensions or enlargements of existing habitable or occupied buildings
located in the floodplain, other than those listed as permitted above, may be
permitted where it is clearly demonstrated to Council and the relevant
Conservation Authority, through engineering or other studies, that the flood
hazard can be overcome. Such measures may include flood proofing, ensuring
that any openings are located above the flood elevation, and ensuring safe
access in the event of a flood.
6.4.3 For those areas designated Flood Plain which are located along the Mississippi
River downstream from the Highway No. 7 bridge, the following policies will
apply:
(i)
No development will be permitted within the flood plain except for flood or
erosion control structures, shoreline stabilization, water intake facilities
and minor recreational facilities such as docks and boathouses. Uses
such as agriculture, forestry, conservation, wildlife management and
similar activities will be permitted provided that no associated buildings
and structures are located on the flood plain.
6.4.4 For those areas designated Flood Plain along the Jock River, the following
policies will apply.
(i)
No development will be permitted within the flood plain except for flood or
erosion control structures and shoreline stabilization. Uses such as
agriculture, forestry, conservation, wildlife management and similar
activities will be permitted provided that no associated buildings and
structures are located on the flood plain.
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(ii)
Minor changes to the boundary of the flood plain may be considered
without an amendment to this Plan provided that the applicant can
demonstrate to the satisfaction of Council and the Rideau Valley
Conservation Authority that such changes are appropriate.
6.4.5 Where any new or additional engineered flood line mapping is available, it will be
included in the Official Plan by amendment.
6.4.6 In any area designated Flood Plain, it will be the policy of Council to encourage
the retention of natural vegetation.
6.4.7 All development, including the placement or removal of fill, in any area
designated Flood Plain will require the approval of the appropriate Conservation
Authority.
6.5
Rural Land
Lands designated as Rural Land represent the balance of the rural area after excluding
the resource and environmental land use designations. Within these areas, a variety of
land uses will be permitted including uses within the Agriculture designation, as well as
residential, commercial, industrial and outdoor recreation uses.
The policies for residential, commercial, industrial development and outdoor recreation
are set out below.
Not all Rural Land is equally suitable for development. Local conditions such as bedrock
at surface, poor drainage, organic soils or high water table may make certain areas
undesirable for development. Council will discourage the use of lands that would require
substantial changes and improvements before development could occur.
6.5.1 Rural Residential
6.5.1.1
General Policies for Rural Residential
(i)
Rural residential uses will generally be limited to single family
dwellings. The conversion of existing single family dwellings into
two family dwellings may be permitted in accordance with the
provisions of the zoning By-law.
(ii)
The creation of lots may take place by severance and by
subdivision in accordance with the policies set out in Section 4.
Plans of subdivision in areas designated as Rural Land will be
limited to a maximum of 25 lots. Any proposal to expand beyond
25 lots will require an amendment to the Official Plan. In
considering such amendment, Council will take into account the
amount of undeveloped land with the Community Development
Areas, the actual growth rate of the municipality in relation to the
growth projections and the potential demand for the new lots
57
proposed, as well as all of the other relevant criteria as set out in
this Plan. Within the Special Service Area shown on Schedule 'B',
new rural residential subdivisions will not be permitted.
(iii)
Rural residential development will be in accordance with the other
relevant policies of this Plan, including the Minimum Distance
Separation formulae.
(iv)
It is the intent that rural residential development be located so that
the impact on natural heritage features will be minimal.
(v)
It is anticipated that there may be proposals for multiple residential
development in the rural area from time to time. Council will
consider such proposals for exceptional circumstances such as a
multiple residential development related to a major recreational
facility or public or private senior citizens projects. For any such
proposal, the applicant must provide an engineer's report which
sets out the recommendations for development on private
services. The applicant may be required to provide such things as
test wells, a hydrogeological study, detailed design or other
information as determined by Council in consultation with the
Ministry of the Environment and the Health Unit. Where any
proposed development is intended to involve condominium
ownership or other ownership method where the Ministry of the
Environment requires the municipality to be a party to the
operating agreement, the municipality will not sign the agreement
or enact the amending By-law until Council is satisfied that the
proposed private services will be of the highest reasonable
standard to ensure the reliable functioning of the systems in the
future and that satisfactory financial arrangements have been
made between the developer and the municipality to ensure that
the Township will not incur the cost of repair or replacement of
these systems. The Ministry of the Environment may require
municipal ownership of communal water and/or sewage system
works.
(vi)
There is rural residential development around Mississippi Lake
that does not have frontage on a public street. Such areas may
be zoned in an appropriate zone category to recognize this
condition. Development of existing vacant lots on private roads
may be permitted subject to the provisions of the Zoning By-law.
6.5.1.2
Special Policy Areas for Rural Residential
(1)
Gardiner Shore
Gardiner Shore began as an unplanned cottage area on
Mississippi Lake and has evolved into a mixed cottage and
permanent residential area. It is anticipated that, over time,
58
Gardiner Shore will become a lake-oriented rural residential
community. While there is already an established pattern of
development, the creation of a planning framework is essential in
order to guide this transition for the future. This planning
framework will ensure the incremental improvements which will
benefit not only the existing and future residents of this community
but the municipality as well. The following policies will guide
future development within Gardiner Shore.
(i)
The initial lot creation will only be permitted by plan of
subdivision. The entire subdivision may be registered as
one phase. After the subdivision is registered, consents
may be considered for lot line adjustments or to effect the
consolidation of properties.
(ii)
A maximum of 89 residential lots will be permitted within
the Gardiner Shore community. Single detached dwellings
only will be permitted.
(iii)
Servicing will continue to be on the basis of private water
and sewage disposal systems. New or replacement water
and sewage disposal services will be on the basis of on-
site individual systems. Improvements to the servicing
systems will be encouraged. Any such improvements
must be undertaken in accordance with the
recommendations set out in the hydrogeological report and
will be subject to the approval of the municipality or its
agent. Conditions relating to servicing will be incorporated
into the subdivision agreement.
(iv)
Lot configurations in the subdivision will reflect the
following criteria:
sufficient area for on-site services
frontage on a public road
provision of reasonable side yards
retention of the middle tier (Centre Block) as one
block.
(v)
The roads within the subdivision will be dedicated as public
roads. The right-of-way width of the Gardiner Shore Road
will be 20 metres wherever possible. Where the right-of-
way width is less than 20 metres, road widenings will be
encouraged when opportunities arise. It is anticipated that
a road widening will be possible when the Centre Block is
phased out. Road widenings may also be achieved
through dedications on site plans. The Lower Gardiner
Shore Road will have a right-of-way of 9 metres which
reflects the ultimate disposition of this road. It is intended
that when the Centre Block is vacant, the Lower Gardiner
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Shore Road will be closed and removed. Any surplus land
after the road widening may be conveyed as lot additions
to abutting lots.
(vi)
The subdivision roads will be maintained by the lot owners.
The subdivision roads will be assumed by the municipality
only if the roads are upgraded to a standard acceptable to
the Council. The specific details regarding maintenance
and possible eventual assumption by the municipality will
be set out in the subdivision agreement.
(vii)
The middle tier of dwellings which is shown as the Centre
Block on the plan of subdivision will be phased out over
time. This portion of the property will be retained as one
block on the plan. Nine new residential lots are being
created along Gardiner Shore Road for the eventual
replacement of the dwellings in the Centre Block. The nine
lots will be zoned with a holding provision in the Zoning By-
law. Council will not enact a By-law removing the holding
provision until documents are provided which establish that
the owner of such new lot assumes the responsibility for
the removal of a dwelling within the Centre Block and
provides to the municipality an appropriate financial
security to guarantee the removal.
(viii)
Access to the water for the back lots in the subdivision will
be provided by the Park Block, easements or water access
blocks. The ownership of these user-in-common lands
and the rights of the property owners to such lands will be
set out in the subdivision agreement.
(ix)
A condition of subdivision approval will be the rezoning of
the lands into appropriate zone categories. Special zoning
provisions will need to be created for the residential lots.
The Park Block will be zoned as Open Space. The Centre
Block will be zoned appropriately to reflect the long term
objective of the removal of the dwellings and the
dedication of the lands for road widening and lot additions.
Zoning provisions that encourage lot consolidation will
also be considered.
(x)
The Gardiner Shore Community is included as a site plan
control area. Any development or redevelopment may
require a site plan as a condition for approval.
(xi)
The shoreline of Mississippi Lake is designated "Flood
Plain". Many of the lots created by means of the
subdivision will include an area in this designation and will
be affected by the policies of this designation.
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6.5.2 Commercial
Most commercial development will take place in the areas designated as
commercial nodes or as commercial areas within the community development
areas. However, it is anticipated that there will still be a need for small scale
commercial development in the rural area. As well, there will be resort
commercial development associated with Mississippi Lake and River or with
other significant recreational facilities. Commercial uses will be allowed in the
Rural Land designation in accordance with the policies outlined below.
(i)
Small scale commercial uses should provide services to residents,
businesses or the travelling public such as vehicle sales and service,
antique shops, automobile service stations and similar uses. Resort
commercial uses should be related to a natural or man-made tourist
attraction.
(ii)
The use must be appropriate for the proposed location.
(iii)
Access to commercial uses will be carefully controlled in order to avoid
creating any traffic hazard. Generally there should be no more than two
access points per lot.
(iv)
Adequate off-street parking and loading spaces will be provided.
(v)
Advertising devices and outdoor storage of goods and materials will be
strictly controlled.
(vi)
Commercial development will be in accordance with the other relevant
policies of this Plan, including the Minimum Distance Separation formulae
and Ministry of Environment Guidelines. Commercial uses will be placed
in a separate zone category in the Zoning By-Law.
(vii)
Tent and trailer parks will be permitted as a resort commercial type of
development. Tent and trailer parks include seasonally operated parks
for the accommodation of tents and recreational vehicles together with
accessory facilities such as convenience stores and services catering to
the day to day needs of the visitors. The following policies will apply to
tent and trailer parks.
(a)
The site development standards such as lot area, density,
campsite area, frontage and others, will be established in the
Zoning By-law.
(b)
Adequate buffering will be provided between the tent and trailer
park and any adjacent residential uses.
(c)
Adequate parking for users as well as visitors will be provided on
site.
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(d)
Water and sewage disposal services for the park must be
provided in accordance with the requirements of the Ministry of
the Environment.
(e)
New tent and trailer parks will require an amendment to the
Zoning By-law.
(f)
The applicant will submit a site plan for the proposed park which
must be approved by Council before an amending By-law is
enacted.
6.5.3 Industrial
Most industrial development will take place within the areas designated as
Industrial Parks or as industrial areas within the community development areas.
However, it is anticipated that certain types of industrial uses can be located in
the rural area. Industrial uses will be allowed in the Rural Land designation in
accordance with the policies outlined below.
(i)
The industrial uses permitted will be of the type that do not require large
quantities of water and do not pose problems for the disposal of wastes.
They should be oriented to the local economy such as those which use
local resources or serve local businesses and residents such as sawmills,
feedmills, processing of agricultural produce, open storage, farm service
businesses and similar uses.
(ii)
The use must be appropriate for the proposed location.
(iii)
Access to the industrial uses will be carefully controlled in order to avoid
creating any traffic hazard. Generally there should be no more than two
accesses per lot.
(iv)
Adequate off-street parking and loading spaces will be provided.
(v)
Advertising devices and outdoor storage of goods and materials will be
strictly controlled.
(vi)
Industrial development will be in accordance with the other relevant
policies of this Plan, including the Minimum Distance Separation formulae
and Ministry of Environment Guidelines. Industrial uses will be placed in
a separate zone category in the Zoning By-Law.
6.5.4 Outdoor Recreation
(i)
Outdoor recreation uses may include golf courses, country clubs,
snowmobile clubs, nature study activities and other such uses.
(ii)
Outdoor recreation development will be in accordance with the other
relevant policies of this Plan, including the Minimum Distance Separation
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formulae.
(iii)
Adequate off-street parking and loading spaces will be provided.
6.6
Mobile Home Park
6.6.1 A mobile home park will mean a property developed for the placement of mobile
homes on permanent foundations. Uses which are incidental to a mobile home
park including a park management office, accessory commercial uses such as
convenience stores, recreational facilities, laundromat, storage facilities, and
other similar uses will be permitted. Mobile home parks will be subject to the
following policies.
6.6.2 The establishment of a new mobile home park will require an amendment to the
Official Plan and Zoning By-law.
6.6.3 Mobile home parks may be developed either as a single entity or on a freehold
basis.
6.6.4 Where a park is a single entity, ownership and maintenance of the roads,
servicing systems, snow clearance, garbage collection, landscaping, and other
amenities and services will rest with the management of the park.
6.6.5 Sewer and water services may be provided either on a communal or individual
basis in accordance with the requirements of the Ministry of the Environment.
The provision of communal sewer and water services at the park will be
contingent upon agreement for future municipal ownership and appropriate
responsibility and operating agreements for such services.
6.6.6 Internal roads will be built to municipal standards.
6.6.7 All mobile home sites will have frontage on an internal road.
6.6.8 Where the park is a single entity, development will take place in accordance with
a site plan approved by the municipality. Where the park is on a freehold basis,
development will take place by plan of subdivision. A site plan agreement or a
subdivision agreement as the case may be, will be required.
6.6.9 Lot area, density, site size, yard requirements, parking requirements and other
such matters will be regulated through the implementing Zoning By-law.
6.6.10 A minimum of 5% of the total area of the park should be provided in a
consolidated form for recreational purposes.
6.6.11 Generally mobile home parks should be located within a reasonable distance
from existing communities.
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6.7
Wrecking Yard
6.7.1 Wrecking yards will be located an adequate distance away from any existing or
proposed residential, commercial, institutional or park uses. The actual
separation distance may vary depending on topography, intervening land uses or
natural buffering. Site specific distances will be established in the Zoning By-law.
6.7.2 The wrecking yard will be adequately screened on all sides either naturally or by
artificial means so that no portion of the operation, including the storage area, is
visible from a public road.
6.7.3 The wrecking yard will not cause or contribute to the pollution of any watercourse
or designated Wetland.
6.7.4 An accessory dwelling for the owner of the wrecking yard will be permitted.
6.7.5 All wrecking yards will be licenced by the Municipality.
6.7.6 An amendment to the Official Plan and Zoning By-law will be required to
establish a new wrecking yard. A new wrecking yard will only be considered in a
Rural Land designation.
6.8
Airport
The Airport designation will permit a public or private airport which is used primarily for
commercial or recreational purposes. Any related facilities which are normally incidental
to the operation of an airport will also be permitted.
6.8.1 Site specific standards and uses for airports will be established in the Zoning By-
law.
6.8.2 The Zoning By-law will also establish appropriate controls in the vicinity of the
airport to restrict land use and provide limits on the height of buildings and
structures in accordance with Ministry of Transport regulations.
6.8.3 The establishment of a new airport will require an amendment to this Plan.
6.9
Waste Disposal Site
6.9.1 Waste disposal sites will be located an adequate distance away from any
Wetland or any existing or proposed residential, commercial, institutional or
outdoor recreation uses. A report from a qualified professional which establishes
appropriate separation distances based on site specific considerations will be
required for new waste disposal sites.
6.9.2 All waste disposal sites will be located so that contamination of any water supply
does not occur.
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6.9.3 All waste disposal sites will be set back a sufficient distance from a public road
so that all functions related to the operation of the site can be carried on within
the site so that there is no unsightly appearance visible from the road.
6.9.4 All waste disposal sites will be located so that ingress and egress points do not
create a traffic hazard.
6.9.5 All waste disposal sites no longer in use will be rehabilitated to the standards
required by the Ministry of the Environment. No use will be made of land used as
a waste disposal site within a period of twenty-five years from the year in which
such land ceased to be used, without prior approval of the Ministry of the
Environment.
6.9.6 All waste disposal sites will be operated and maintained in accordance with the
standards set by the Ministry of the Environment.
6.9.7 The establishment of a new waste disposal site will require an amendment to the
Official Plan and Zoning By-law.
6.9.8 Generally, no new development shall be permitted within 500 metres of the
perimeter of a fill area of an open or closed waste disposal site. On the basis of
site specific studies carried out by a qualified professional and in accordance
with Ministry of the Environment Guideline D-4: Land Use on or Near Landfills
and Dumps, this distance may be reduced in accordance with the
recommendations of such studies without the need to amend this Plan.
6.10
Hauled Septage Disposal Site
6.10.1 Septage means waste removed from a cesspool, a septic tank system, a privy
vault or privy pit, a chemical toilet or portable toilet.
6.10.2 The establishment of a hauled septage disposal site will require an amendment
to the Official Plan and Zoning By-law. In considering any proposed amendment,
Council will be guided by the following criteria:
(i)
No sites will be permitted within 450 metres of a Community Development
Area, 200 metres of any residential or institutional development including
associated wells, within 30 metres of public roads, within 100 metres of
surface waters such as lakes and rivers or within 150 metres of
designated Wetlands. These distances may be varied depending on site
specific conditions or septage application procedures;
(ii)
All sites will be located a reasonable distance from existing or proposed
commercial or other use requiring the installation of a well;
(iii)
All sites will be located so that pollution of any watercourse or the
groundwater does not occur;
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(iv)
All sites will be adequately screened on all sides either naturally or by
artificial means and such screening will apply to all open storage areas
and disposal site operations;
(v)
All sites will be located so that ingress and egress points do not create a
traffic hazard;
(vi)
Council will consult with the Ministry of the Environment for any such
amendment.
6.10.3 All hauled septage disposal sites must be approved, operated and maintained in
accordance with the requirements of the Ministry of the Environment.
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SECTION 7
ROADS
A safe, convenient and functional road network is of great importance to the municipality. It is
especially important to the residents for the delivery of municipal services such as road
maintenance, snow plowing, school bus service, fire protection, police protection and garbage
collection. It is therefore a policy of this Plan to work toward the maintenance and improvement
of the road system within the financial capability of the Township and in cooperation with the
County of Lanark and the Ministry of Transportation. The various types of roads in the
municipality and the policies relating thereto are set out below.
7.1
Provincial Highways
Highways No. 7 and No. 15 in the Township of Beckwith are Special Controlled Access
Highways. Highway No. 7B is classed as a Major Access. These highways are under
provincial jurisdiction and subject to the Ministry of Transportation policies and
regulations.
Entrances serving any home occupation, industry or business located adjacent to a
provincial highway require approval of the Ministry of Transportation. Typically, the
Ministry of Transportation will require that the property owner obtain an entrance permit
and a sign permit if necessary. As a condition of these permits, the Ministry of
Transportation requires the property owner to acknowledge that the use of their existing
entrance cannot be converted to a commercial entrance in the future and that an
additional entrance will not be permitted to accommodate the home occupation, industry
of business. In addition, the Ministry of Transportation would not support a future
severance that would result in a separate entrance to a business and one for the
retained parcel.
7.2
County Roads
County Roads 10 and 17 presently serve the Township of Beckwith. County Road 10
traverses the southern part of the Township passing through the community of
Franktown. County Road 17 presently runs between Lots 20 and 21, north from County
Road No. 10.
Where development is proposed adjacent to a County road, permission for an entrance
must be obtained by the County in accordance with the policies of this Plan.
7.3
Local Roads
The Township roads identified on Schedule 'A' are under municipal jurisdiction and are
maintained year round. Direct access to these roads will only be permitted in locations
which can accommodate traffic in a safe manner. Where sight deficiencies exist
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because of curves or grades, no new access will be permitted unless the applicant
corrects the deficiency in a manner acceptable to the municipality, at his own expense.
The Official Plan designates Township roads as either Primary Local Roads or
Secondary Local Roads. The Primary Local Roads include the Ninth Line Road; the
Seventh Line Road from Highway No. 15 to the westerly limit of the Township; the Tenth
Line Road from Highway No. 15 to Mississippi Lake and Lake Park Road from Highway
No. 7 to Mississippi Lake. The remainder of the Township roads are Secondary Local
Roads.
New entrances will not be established unless a permit is issued by the municipality.
Where the Township determines that a culvert is necessary, it will be installed by the
Township at the owner's expense or by the owner under the supervision of the road
superintendent.
The Township has prepared a road needs study and a roads plan. These documents
will be used to establish priorities for road improvements. The schedule of road
improvements will be a consideration in reviewing development applications.
7.4
Private Roads
Where a private road exists within the municipality, there is no legal obligation on the
part of the municipality to maintain, repair or otherwise service any development located
on that private road or right-of-way. If a private road is reconstructed by landowners to
the standards of the Ministry of Transportation for subsidy purposes and the road
allowance on which it is located is deeded to the municipality, the Council may assume
the road by By-law if it abuts an existing public road which is currently maintained year
round.
Prior to undertaking any such work, the landowners will obtain the approval of Council.
The work will be supervised by the Township and will be to the standards determined by
the Municipality.
7.5
Road Widenings
It is the intention of Council that all roads under the jurisdiction of the Township
eventually be widened to the proposed right-of-way width of 20 m, using such
mechanisms as subdivision approvals, consent approvals and site plan control
approvals. The maximum dedication which may be required for a road widening as a
condition of site plan approval shall be 5 m, or the amount necessary to provide the
proposed right-of-way width, whichever is less. Country roads within the Township may
eventually be widened to a right-of-way width of 30 metres.
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SECTION 8
PROPERTY MAINTENANCE
8.1
In order to encourage the rehabilitation of existing buildings and property, the
municipality will endeavour to ensure that the detracting influence of substandard
structures is minimized. If so required, the municipality may pass a By-law which
prescribes standards for the maintenance and occupancy of property (Maintenance and
Occupancy By-law). Before adopting the By-law, Council will hold a public meeting to
provide an opportunity for interested persons to have input.
8.2
Any Maintenance and Occupancy By-law passed under the authority of the Planning Act
will have regard to and will prescribe appropriate standards for the physical condition of
yards and passageways including the accumulation of debris and rubbish and the
physical condition of all buildings and structures.
8.3
Any Maintenance and Occupancy By-law may also require substandard properties to be
repaired and maintained to comply with the standards, prohibit the use of substandard
property and require the demolition and clearing of such property where the owner does
not intend to repair and maintain it. Any Maintenance and Occupancy By-law may also
prescribe appropriate standards for the protection and maintenance of cultural heritage
resources that have been:
(a)
designated under the Ontario Heritage Act;
(b)
protected by an easement under the Ontario Heritage Act;
(c)
identified by senior levels of government; or
(d)
endorsed by Council as having cultural heritage value.
8.4
Following the passage of a Maintenance and Occupancy By-law, the municipality will
appoint a Property Standards Officer who will be responsible for administering and
enforcing the By-law. The municipality will also appoint a Property Standards
Committee for the purpose of hearing appeals against an order of the Property
Standards Officer.
8.5
The measures to be used generally in achieving a property maintenance program would
include an education and public relations program to show people the benefits of
continued property maintenance, together with information showing that improvements
can be made without increasing assessment.
8.6
Complementary to the enforcement of minimum standards on private properties, the
municipality will undertake to keep in a fit and well-maintained condition all municipally-
owned properties and structures, and to provide or maintain in good repair such
municipal services as roads, sidewalks and other such facilities.
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SECTION 9
IMPLEMENTATION
9.1
Zoning By-law
The Township of Beckwith has an approved comprehensive Zoning By-law.
When this Official Plan is approved, Council will enact a new Zoning By-law to
implement the provisions of this Official Plan.
Zoning is the principal means for implementing an Official Plan. As set out in Section 34
of the Planning Act, the Zoning By-law will regulate the use of land, the erection and use
of buildings and structures, yard requirements, parking and loading space requirements
and other such matters.
9.2
Site Plan Control By-law
Various land uses as set out in this Plan are proposed site plan control areas.
For these areas, Council may pass a Site Plan Control By-law pursuant to the Planning
Act. Where a Site Plan Control By-law is in effect, the applicant will submit for approval
such plans or drawings as required by Council. The applicant may also be required to
enter into an agreement with the municipality to provide and maintain those facilities
required on the site plan. Such agreements may be registered against the land to which
it applies.
9.3
Building By-law
The Building Code Act has been adopted by By-law as the Building By-law for the
Township of Beckwith.
9.4
Maintenance and Occupancy By-law
Council may pass a Maintenance and Occupancy By-law for prescribing the standards
for the maintenance and occupancy of property and for prohibiting the use of such
property that does not conform to the standards.
9.5
Other By-laws
By-laws passed by Council under the authority of the Municipal Act or any other Act may
implement the policies of this Plan. For instance, By-laws dealing with the regulation of
derelict motor vehicles, wrecking yards, pits and quarries, trailers or signs may be
passed by Council where considered appropriate. Any such By-law must conform to this
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Official Plan.
9.6
Subdivision of Land
Council will use subdivision and consent approval processes to ensure control over the
subdivision of land. All plans of subdivision and consent applications must conform to
the requirements of this Plan. As part of the approval process, certain requirements may
be imposed as a condition to the approval of a plan of subdivision or a consent and the
owner may be required to enter into an agreement with the municipality before final
approval.
9.7
Construction of Public Works
Certain policies of this Plan will be implemented through the construction of public
works. No public works will be undertaken that do not conform to the intent and purpose
of the Official Plan.
9.8
Land Acquisition
The municipality may acquire and hold land within the municipality for the purpose of
developing any feature of the Official Plan. The municipality may also sell, lease or
otherwise dispose of such land when no longer required.
9.9
Amendments
Amendments may be made to the Official Plan when such changes are warranted. The
provisions of the Planning Act with respect to Official Plans apply similarly to
amendments including the approval of the Minister or the Ontario Municipal Board as the
case may be. When amendments are made to the Official Plan, appropriate
amendments will also be made to implementing By-laws so that any such By-law is in
conformity with the Plan.
9.10
Committee of Adjustment and Land Division Committee
When a Zoning By-law is in effect, a Committee of Adjustment may be appointed to rule
on applications for minor variance from the provisions of the Zoning By-law. In granting
a variance, the Committee will be satisfied that such variance is minor, is desirable for
the appropriate development or use of the land, building or structure and that the intent
and purpose of the Official Plan and Zoning By-law are maintained.
In addition, the Committee of Adjustment has the power to permit an extension or
enlargement for a building or structure which is a non-conforming use. The Committee
will have regard for the policies of Section 4.14 of this Plan in reviewing such
applications.
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The Land Division Committee for the County of Lanark has the power to grant consents
to sever land within Beckwith Township. The Land Division Committee will follow the
policies governing consents as well as any other relevant policies in this Plan.
9.11
Review Procedure
1)
Council shall, not less than every five years after the Official Plan comes into
effect, undertake a review of the Official Plan, hold a separate meeting open to
the public and revise the Plan, as required, in accordance with the Planning Act.
The revisions shall ensure that the Official Plan conforms to provincial plans, has
regard to matters of provincial interest, and is consistent with the policy
statements issued under Section 3 of the Planning Act.
9.12
Procedural Guidelines
From time to time, Council may adopt procedural guidelines in order to assist Council,
municipal staff and the public in effectively dealing with such matters as subdivisions,
consents and site plan. These guidelines will not form a part of the Official Plan.
9.13
Public Notification
The Planning Act provides the statutory requirements for giving notice of planning
matters. Council may establish additional requirements for notification which will be set
out in the procedural guidelines. On a case by case basis, additional notification over
and above the statutory requirements and the Council procedural requirements may be
considered. For those amendments to the Official Plan and Zoning By-law which are of
a housekeeping nature (for example, typographical, grammatical or dimensioning errors,
rearranging format or renumbering, consolidations, etc.), Council may forego public
notification. This will not apply to any changes which would affect the policies or intent
of the Official Plan.
9.14
Strategy
The Official Plan is for the most part implemented as a result of development proposals.
The role of Council is to review and evaluate such proposals in the context of the Official
Plan. There are, however, certain initiatives that Council can take to implement certain
goals of the Official Plan. Some of the initiatives that Council may undertake include
applications under the PRIDE program, the completion of the Franktown plan, the
preparation of a municipal housing statement and the formation of an economic
development commission.
9.15
Provincial Policy Statement
Council is committed to updating this Official Plan in accordance with section 26(1) of
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the Planning Act. The purpose is to reflect new local direction on development and to
ensure this Plan is consistent with the Provincial Policy Statement (PPS). Until this Plan
is updated, Council shall recognize that where conflicts may arise in interpretation of this
Plan, the PPS takes precedent.
9.16
Community Improvement
1)
As set out in Section 28 of the Planning Act, Council intends to use Community
Improvement Policies to plan for and coordinate physical improvements to the
quality of existing development, community facilities and public services.
2)
The Township shall be considered a Community Improvement Area, focusing
particularly on the Community Development Areas in this Plan.
3)
The objectives in designating Community Improvement Project Areas and
preparing Community Improvement Plans are to:
(a)
upgrade physical services as well as social and recreational facilities;
(b)
stimulate private property maintenance and reinvestment activity for
unused or underused lands or buildings;
(c)
facilitate the cleanup and redevelopment of environmentally contaminated
properties;
(d)
recognize and protect cultural heritage resources;
(e)
enhance land use compatibility;
(f)
promote energy efficiency standards for existing land uses;
(g)
integrate improvement projects with other local programs and senior
government initiatives;
(h)
support the creation of affordable housing by considering any municipally-
owned, undeclared surplus land for affordable housing before any other
use is considered;
(i)
support the implementation of measures that will assist in achieving
sustainable development and sustainable living;
(j)
support the recognition and protection of heritage buildings or areas; and
(k)
where feasible, acquire lands or buildings to carry out improvement
projects.
4)
The designation of a Community Improvement Project Area, preparation of a
Community Improvement Plan and provision of financial assistance in a
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Community Improvement Plan shall be at the sole discretion of the Township.
9.17
Interim Control By-laws
1)
As set out in Section 38 of the Planning Act, Council may pass Interim Control
By-laws to prevent or limit the use of land, buildings or structures within
designated areas of the Township until detailed planning studies for the area are
completed and approved by the Municipality.
2)
An Interim Control By-law shall initially be in effect for a period of up to one year
from the date of its passing but may be extended for a maximum of one
additional year.
9.18
Temporary Use By-laws
1)
As set out in Section 39 of the Planning Act, Council may pass Temporary Use
By-laws to permit the temporary use of land, buildings or structures for any
purpose that is otherwise prohibited by the Zoning By-law.
2)
In considering an application for a temporary use, Council shall be satisfied that:
(a)
the proposed use:
i.
shall be temporary in nature;
ii.
shall be compatible with surrounding land uses;
iii.
shall not have adverse effects on the future development of the
area; and
(b)
the amending By-law contains appropriate controls to regulate the
temporary use.
3)
A Temporary Use By-law may initially be authorized for a period of up to three
years from the date of its passing, except in the case of garden suites, which
may:
(a)
be authorized for a period of up to twenty years; and
(b)
be subject to an agreement between the owner of the garden suite and
the Municipality in accordance with the Municipal Act.
4)
A Temporary Use By-law may be extended by By-law for further periods of not
more than three years each. Upon expiry of a Temporary Use By-law, the use
authorized by the said By-law shall cease.
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9.19
Consultation and Application Requirements
9.19.1 Pre-Consultation
1)
The Township shall make staff available for pre-consultation for all
development applications for which it is the approval authority, and will
also be available for pre-consultation for subdivisions.
2)
Township Council shall require that all applications for subdivision and
consents receive pre-consultation approval from Planning Committee
prior to submission to the County.
9.19.2 Development Applications: Required Information and Material
1)
As per the Planning Act, Council or its designated approval authorities
may require applicants to provide additional information or material to
accompany the following development applications:
(a)
Official Plan Amendments;
(b)
Zoning By-Law Amendments;
(c)
Applications for Plan of Subdivision or Condominium;
(d)
Applications for Site Plan Control;
(e)
Consent Applications; and
(f)
Applications for Minor Variance.
2)
In addition to the information and materials required under the Planning
Act and any other legislation or regulation, as amended, the Township
shall confirm which of the following must be provided by the applicant at
the time of the pre-consultation regarding a development proposal for a
planning approval listed in Section 9.19.2 (1) of this Plan:
(a)
description of the applicant's interest in the land (owner, tenant,
purchaser);
(b)
identification of the registered landowner, if different from the
applicant;
(c)
the owner's authorization / consent to apply for Planning Approval,
if the owner is not the applicant;
(d)
identification of the agent for the applicant, if any, with written
authorization from the applicant;
(e)
identification of the applicant's planner, if any;
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(f)
the owner's authorization / consent to use and disclose personal
information and to allow site visits;
(g)
written confirmation of pre-consultation with Planning Committee
for all subdivision and consent applications;
(h)
the Assessment Roll Number of the subject land(s);
(i)
the existing Official Plan designation and Zoning By-Law
classification for the property;
(j)
description and sketch of any existing or proposed easements
and/or rights-of-way;
(k)
description and/or sketch of existing uses, previous uses and a
complete description (e.g. frontage and depth) of the subject
lands;
(l)
description and/or sketch of the existing land uses adjacent to and
within 500 metres of the subject lands;
(m)
description and/or sketch of the natural and artificial features on
the subject lands and within 500 metres of the subject lands (e.g.
buildings, railways, wells, roads, watercourses, drainage ditches,
banks of rivers or streams, wetlands, wooded areas, etc.); and
(n)
any studies identified by the Township under Section 9.19.3 of this
Plan.
9.19.3 Development Applications: Additional Studies and Assessments
1)
In addition to the requirements of Section 9.19.2 of this Plan, additional
information in the form of the studies or assessments listed in this Section
may be required in order to consider a planning application complete.
2)
The additional information will be required as part of a complete
application in order to ensure that all relevant and required information
pertaining to a planning application is available at the time of submission
to enable Council and/or its designated approval authorities to make
informed decisions within the prescribed time periods, and also ensure
that the public and other stakeholders have access to all relevant
information early in the planning process.
3)
The number and scope of studies and assessments to be required for the
submission of a complete application shall be in keeping with the scope
and complexity of the application.
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4)
The additional information or material that may be required includes, but
is not limited to, the studies and assessments listed below:
i.
Aggregate Studies / Impact Assessments;
ii.
Agricultural Soils Assessment / Impact Analysis;
iii.
Air Quality / Dust / Odour / Noise Study;
iv.
Archaeological Assessments;
v.
Compatibility Assessments;
vi.
Concept Plans;
vii.
Construction Management Plans;
viii.
Decommissioning Plans;
ix.
Dispute Resolution Protocol;
x.
Electromagnetic Interference Reports;
xi.
Emergency Management Plans;
xii.
Environmental Impact Assessments / Audits / Previous Land Use
Inventories / Site-Specific Risk Assessments;
xiii.
Financial Impact Assessments / Analyses;
xiv.
First Nations Consultation;
xv.
Flood Plain Management / Slope Stability Reports;
xvi.
Forest Management Plans;
xvii.
Geotechnical Studies;
xviii.
Groundwater Nitrate Impact Assessment;
xix.
Heritage Impact Statements;
xx.
Hydrogeological Reports;
xxi.
Ice Throw Reports;
xxii.
Influence Area Studies;
xxiii.
Lake Capacity Assessments;
xxiv.
Landscaping Plans;
xxv.
Market Justification / Impact Assessments;
xxvi.
Micro-Climatic Impact Assessments;
xxvii. Minimum Distance Separation Formulae;
xxviii. Natural Heritage Evaluation / Impact Studies;
xxix.
Nutrient Management Plans;
xxx.
Parking and/or Loading Studies;
xxxi.
Planning Justification / Rationale;
xxxii. Servicing Reports;
xxxiii. Shadow Impact / Flicker Studies;
xxxiv. Site Rehabilitation Plans;
xxxv. Stormwater Management / Master Drainage Plans;
xxxvi. Structural Engineering Analyses;
xxxvii. Transportation / Traffic Impact / Access Analyses;
xxxviii. Tree Inventory / Tree Preservation / Tree Protection Plans;
xxxix. Urban Design Study/Guidelines; and
xl.
Visual Impact Studies.
xli.
Source Water Impact information, such as a Source Water
Protection Checklist, and when required by the Risk Management
Official (RMO) or Township, a Risk Management Plan, shall be
provided prior to the application either being deemed complete, or
approval being granted, respectively.
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5)
Notwithstanding the required studies and assessments listed above in
Section 9.19.3 (4), Council may ask for any additional information that is
considered reasonable and necessary in order to make a decision on a
development application.
6)
The Township may require any of the studies or assessments noted in
Section 9.19.3 (4) to be peer reviewed on behalf of the Township at the
proponent's expense.
9.20 Source Water Protection - Risk Management Official
Council shall appoint a Risk Management Official or maintain an enforcement transfer
agreement with another body which has an appointed Risk Management Official (such as the
Conservation Authority or Health Unit). A Risk Management Official is required to enforce the
Source Protection Plan policies that invoke Part IV of the Clean Water Act. These policies either
prohibit activities under Section 57 or require a Risk Management Plan (to reduce risks to
drinking water sources) under Section 58.
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SECTION 10
INTERPRETATION
10.1
It is intended that the boundaries of any areas shown on Schedule 'A' or Schedule 'B' be
considered as approximate only, except where bounded by such features as existing
roads, railways, rivers or other natural features. It will not be necessary to make
amendments to the Official Plan for minor variations in the approximate boundaries
provided that the intent of the Plan is preserved.
10.2
It is intended that all figures and quantities contained in the Plan be considered as
approximate only. Amendments will not be required for any reasonable variation from
these figures.
10.3
It is intended that buildings, structures and uses that are normally incidental, accessory
and essential to a permitted use will also be allowed even though not specifically stated
in the land use policies.
10.4
Any significant change from the policies contained herein will require an amendment to
the Official Plan and implementing By-law. If a change is major, particularly if it will
cause changes in the way in which an area is developing, then the Official Plan should
be reviewed in whole.