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1
BROOKE
ALVINSTON
OFFICIAL
PLAN
Lambton County
Planning & Development
Department
Office Consolidation
June 2024
Brooke-Alvinston Official Plan
2
Table of Contents
PART A: INTRODUCTION ........................................................................................................................... 6
1.0
Purpose of the Plan ..................................................................................................................... 6
1.1
Organization of the Plan .......................................................................................................... 6
1.2
Growth ..................................................................................................................................... 7
1.3
A Role for Process: Development Applications ....................................................................... 7
2.0
Effect of the Plan ......................................................................................................................... 9
3.0
Basis of the Plan ........................................................................................................................ 10
4.0
General Development Concept ................................................................................................. 11
PART B: LAND USE POLICIES ................................................................................................................ 12
1.0
Agricultural Area ........................................................................................................................ 12
1.1
Permitted Uses ...................................................................................................................... 12
1.2
Other Permitted Uses ............................................................................................................ 12
1.3
Agricultural Uses ................................................................................................................... 13
1.4
Lot Size .................................................................................................................................. 14
2.0
Residential ................................................................................................................................. 26
2.1
Permitted Uses ...................................................................................................................... 26
2.2
Residential Policies ............................................................................................................... 27
2.3
Policies for Non-Residential Uses ......................................................................................... 36
3.0
Commercial ................................................................................................................................ 42
3.1
Commercial Area ................................................................................................................... 42
3.2
Site Design Policies ............................................................................................................... 44
4.0
Industrial .................................................................................................................................... 46
4.1
Industrial Area ....................................................................................................................... 46
4.2
Site Design Policies ............................................................................................................... 49
5.0
Mixed Commercial/Industrial Area ............................................................................................. 50
5.1
Permitted Commercial Uses .................................................................................................. 50
5.2
Permitted Industrial Uses ...................................................................................................... 50
5.3
Development Policies ............................................................................................................ 50
6.0
Institutional ................................................................................................................................. 51
6.1
Permitted Uses in All Designations ....................................................................................... 51
6.2
New Institutional Uses ........................................................................................................... 51
7.0
Open Space ............................................................................................................................... 53
7.1
General Policies .................................................................................................................... 53
8.0
Natural Heritage ......................................................................................................................... 57
8.1
General Policies .................................................................................................................... 57
8.2
Significant Natural Areas ....................................................................................................... 61
8.3
Natural Hazards..................................................................................................................... 65
8.4
Environmental Impact Studies ............................................................................................... 68
9.0
Resource Extractive ................................................................................................................... 71
9.1
Permitted Uses ...................................................................................................................... 71
9.2
General Policies .................................................................................................................... 71
10.0
Cannabis .................................................................................................................................... 78
11.0
Uses Permitted in All Designations ........................................................................................... 79
11.1
Day Care Centres .................................................................................................................. 79
Brooke-Alvinston Official Plan
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PART C: MUNICIPAL SERVICES & UTILITIES........................................................................................ 80
1.0
Transportation ............................................................................................................................ 80
1.1
Road System ......................................................................................................................... 80
1.2
Parking Facilities ................................................................................................................... 85
1.3
Pedestrian and Bicycle Traffic ............................................................................................... 86
1.4
Greenway Linkages and Active Lifestyles ............................................................................. 87
2.0
Public Uses and Utilities ............................................................................................................ 89
2.1
General Policies .................................................................................................................... 89
2.2
Restrictions on Public Uses ................................................................................................... 89
2.3
Electric Power Facilities ........................................................................................................ 90
2.4
Gas Pipelines ........................................................................................................................ 91
3.0
Municipal Services, Stormwater Management and Sensitive Land Uses ................................. 92
3.1
Sanitary Sewerage ................................................................................................................ 92
3.2
Water Service ........................................................................................................................ 94
3.3
Storm Water Management .................................................................................................... 95
3.4
Land Use Compatibility ......................................................................................................... 97
3.5
Decommissioning .................................................................................................................. 98
3.6
Waste Management Systems ............................................................................................... 99
3.7
Sewage Lagoons ................................................................................................................... 99
3.8
Public Utilities ........................................................................................................................ 99
3.9
Telecommunication Towers and Protocol ........................................................................... 100
4.0
Alternative and Renewable Energy Systems .......................................................................... 101
4.1
General ................................................................................................................................ 101
4.2
District Energy ..................................................................................................................... 106
4.3
Wind Energy ........................................................................................................................ 106
4.4
Solar Energy ........................................................................................................................ 106
PART D: COMMUNITY DEVELOPMENT ................................................................................................ 107
1.0
Cultural Heritage ...................................................................................................................... 107
1.1
Policies ................................................................................................................................ 108
2.0
Amenity and Design ................................................................................................................. 112
3.0
Urban Design ........................................................................................................................... 114
4.0
Energy Conservation ............................................................................................................... 121
5.0
Community Improvement Policies ........................................................................................... 122
5.2
Community Improvement Criteria ........................................................................................ 124
5.3
Potential Public Land Acquisition ........................................................................................ 125
5.4
Implementation .................................................................................................................... 126
6.0
Signs ........................................................................................................................................ 130
7.0
Property Maintenance .............................................................................................................. 131
8.0
Home Businesses .................................................................................................................... 132
9.0
Economic Development ........................................................................................................... 134
9.1
Promoting Economic Development and Competitiveness .................................................. 134
9.2
Long-Term Economic Prosperity ......................................................................................... 134
9.3
Policies for Encouraging Economic Growth ........................................................................ 135
9.4
Supporting a Green Economy ............................................................................................. 137
PART E: IMPLEMENTATION .................................................................................................................. 138
1.0
Official Plan .............................................................................................................................. 138
1.1
Official Plan Review ............................................................................................................ 138
1.2
Official Plan Amendments ................................................................................................... 140
Brooke-Alvinston Official Plan
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2.0
Zoning By-laws ........................................................................................................................ 141
2.1
Holding Zones ..................................................................................................................... 141
2.2
Conditional Zoning .............................................................................................................. 142
2.3
Temporary Use By-laws ...................................................................................................... 142
2.4
Interim Control By-laws ....................................................................................................... 143
3.0
Non-Complying Uses and Non-Conforming Uses ................................................................... 144
3.1
Non-Complying Uses .......................................................................................................... 144
3.2
Non-Conforming Uses ......................................................................................................... 144
4.0
Site Plan Control ...................................................................................................................... 148
4.1
Establishment of Site Plan Control Area ............................................................................. 148
4.2
Approval of Plans or Drawings ............................................................................................ 148
5.0
Committee of Adjustment ........................................................................................................ 151
5.1
Powers of Committee .......................................................................................................... 151
6.0
Land Division ........................................................................................................................... 153
6.1
Lot Creation ......................................................................................................................... 153
6.2
Multiple Consents ................................................................................................................ 154
6.3
Plans of Subdivision ............................................................................................................ 154
6.4
Plans of Condominium ........................................................................................................ 156
7.0
Special Studies ........................................................................................................................ 157
8.0
Capital Works .......................................................................................................................... 158
9.0
Financial Restrictions ............................................................................................................... 159
10.0
Interpretation ............................................................................................................................ 160
11.0
Delegation of Authority ............................................................................................................ 162
12.0
Land Acquisition ...................................................................................................................... 164
13.0
Interpretation of Maps, Schedules, Tables, and Appendices .................................................. 165
14.0
Guidelines ................................................................................................................................ 166
15.0
Monitoring ................................................................................................................................ 167
16.0
Community Planning Permit System ....................................................................................... 168
16.1
Applicability .......................................................................................................................... 168
16.2
Objectives ............................................................................................................................ 168
16.4
Background Study ............................................................................................................... 168
16.5
Elements in a By-law ........................................................................................................... 169
16.6
Complete Application .......................................................................................................... 170
16.7
Conditions of Approval ........................................................................................................ 170
16.8
Delegation ........................................................................................................................... 171
16.9
Agreement ........................................................................................................................... 171
16.10
Financial Securities ......................................................................................................... 171
Brooke-Alvinston Official Plan
5
Background
OFFICE CONSOLIDATION
This consolidation is prepared for purposes of convenience only and for accurate
reference recourse should be had to the actual plan and any amendments
thereto.
Brooke-Alvinston Official Plan
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Part A: Introduction
PART A: INTRODUCTION
1.0
Purpose of the Plan
The Municipality of Brooke-Alvinston located in eastern Lambton County, is 311
square km in size with a population of 3,000. This rural community is serviced
by the urban centers of Alvinston and Inwood.
The policies contained herein, together with any Land Use or other Schedule(s)
and any amendment(s), which are adopted and finalized pursuant to the Ontario
Planning Act, constitute the Official Plan for the Municipality. The policies
contained herein are established primarily to guide the physical development of
the Municipality while having regard to relevant social, economic and
environmental matters.
The purpose of these policies is:
- to provide a planning policy framework for decision-making by the
Municipality, its Committees and other public bodies;
- to serve as a guide for the public and the business community regarding
the growth and development of the Municipality;
- to provide a local context for the application of Provincial and County
planning policies; and,
- to build strong, liveable and healthy communities that are resilient to
climate change.
1.1
Organization of the Plan
This Plan is organized into five parts, as follows:
Part A: The introduction details the purpose, effect, and basis underlying the
Plan.
Part B: This part contains sections that describe the land use designations
that apply across the Municipality. Together with the land use maps,
these designations will help implement the strategy for managing
change set out in Part A.
Part C: This part includes policies for Municipal systems: transportation, public
utilities, municipal services, and energy systems.
Part D: This part includes policies for design, community development, built
heritage, and other matters related to building complete communities.
Brooke-Alvinston Official Plan
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Part A: Introduction
Part E: This part explains how the Municipality will implement the Official Plan
using development approval processes and planning tools.
Schedules, Maps and Appendices: Schedules, Maps and Appendices are found
at the end of the Plan. The Schedules, which form part of this Plan, provide an
illustration of the overall growth strategy and natural heritage system for the
Municipality. The maps and appendices provide additional mapping of features
the geography of which is relevant to the Plan but maintained by others external
to the Municipality.
1.2
Growth
The Municipality of Brooke Alvinston is planning for growth on the following
basis as identified in the County of Lambton Official Plan:
a)
To 2031:
Projected Population:
2,028 to 2,581
Projected Annual Dwelling Units:
5
The projected population and projected annual dwelling units are targets and
are not considered maximum figures or caps.
b)
From 2031 to 2046, growth shall be addressed as follows:
i.
A land supply for growth in excess of 25 years was determined to be
available for the Municipality as part of the preparation of the County of
Lambton Official Plan approved in 2018;
ii.
The County of Lambton will prepare an updated projection of population
growth and housing growth prior to 2031 as part of a planned update to
iii.
the County Official Plan; and,
iv.
The Municipality of Brooke Alvinston Official Plan will be updated to
include projected population and dwelling units upon the conclusion of
the update by the County of Lambton.
1.3
A Role for Process: Development Applications
The role of the Official Plan is to provide general guidance for development that
applies on a Municipality wide basis related to land use including designations
and permissions. The policies of this Plan also provide guidance to inform
development application processes and area-specific planning processes. The
specific role for development applications like Official Plan Amendments,
Zoning By-law Amendments and minor variance applications acknowledge that
Municipality wide policy cannot anticipate every circumstance related to a site or
a development. The Official Plan has policies to ensure that development
Brooke-Alvinston Official Plan
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Part A: Introduction
applications are considered against the policies of this Plan so that the outcome
of a development application addresses the public interest.
Brooke-Alvinston Official Plan
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Part A: Introduction
2.0
Effect of the Plan
The Plan will provide guidance for the development and planning of land uses
for a period extending to the year 2046. Except as provided for under the
Ontario Planning Act, no public work shall be undertaken and no By-law shall
be passed for any purpose that does not conform to the Plan.
Review and Amendments to the Plan
Amendments to this Plan will be made to ensure conformity with the County
Official Plan Policies and the Provincial Policy Statement 2020 (PPS 2020). No
amendment will be made to this Plan, which would not be in conformity with the
County Official Plan Policies. It is the intention of this Plan that amendments
shall only be required when it is deemed desirable to change the policies due to
changing economic, social, and environmental circumstances.
Brooke-Alvinston Official Plan
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Part A: Introduction
3.0
Basis of the Plan
While it is recognized that both the Province of Ontario and the County of
Lambton have planning policies establishing the general planning policy context
for growth and development at a Provincial and County scale, more detailed
policies are necessary to reflect local circumstances, and long term goals and
aspirations.
Brooke-Alvinston Official Plan
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Part A: Introduction
4.0
General Development Concept
The general development concept upon which this Plan is based is one that
recognizes the historic land use patterns and development trends and builds
upon these to promote efficient, cost-effective development and land use
patterns which stimulate economic growth and protect the natural environment
and public health.
Brooke-Alvinston Official Plan
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Part B: Land Use Policies
PART B: LAND USE POLICIES
1.0
Agricultural Area
1.1
Permitted Uses
In the Agricultural Area the main permitted uses of land are agricultural uses.
Agricultural uses include the growing of crops, including nursery, biomass and
horticultural crops; raising of livestock and other animals for food, fur, including
poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production;
and associated on-farm buildings and structures including but not limited to
accessory farm dwellings, livestock facilities, manure storages, crop storage
facilities, value-retaining facilities, and accommodation for full-time farm labour
when the size and nature of the operation requires additional employment.
1.2
Other Permitted Uses
Other uses permitted will include:
a) On-farm diversified uses that are secondary to the principal agricultural
use of the property and are limited in area. Such uses include, but are
not limited to, home occupations, home industries, agri-tourism uses,
and uses that produce value-Add agricultural products. Ground-
mounted solar facilities are permitted in prime agricultural areas,
including specialty crop areas, only as on-farm diversified uses.
b) Agriculture-related uses that are farm-related commercial and farm-
related industrial uses directly related to farm operations in the area,
that support agriculture, benefit from being in close proximity to farm
operations, and provide direct products and/or services to farm
operations as a primary activity.
c) Parks and recreation uses in accordance with policy 1.18;
d) Fish and game farms;
e) Forestry, including sawmills;
f)
Petroleum resources exploration and extraction facilities;
g) Conservation uses;
h) Limited residential uses;
i)
Parks and recreation uses in accordance with the following:
i.
there is justification provided for the use;
Brooke-Alvinston Official Plan
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Part B: Land Use Policies
ii.
the proposed location is suitable for the use and there are no
reasonable alternative locations available that would be more
appropriate;
iii.
Class 1 to 3 soils are avoided, where possible;
iv.
where it is necessary to use Class 1 to 3 soils, the least productive
agricultural lands should be used;
v.
the use will have a minimal negative impact on farming activities
and will be subject to the natural heritage policies of this plan;
vi.
an adequate potable water supply and sewage disposal system
can be provided; and,
vii.
the lands are designated in the official plan and zoned for the
proposed use.
j)
Ground-mounted solar facilities are permitted in prime agricultural
areas, including specialty crop areas, only as on-farm diversified uses."
after "farm operation on the property.
1.3
Agricultural Uses
Agricultural uses will be given the highest priority in the Agricultural Area. Land
uses that do not require a location in the Agricultural Area and most non-farm
development will be directed to Urban Settlements or Secondary Settlements in
order to preserve agricultural land and to avoid conflicts between farm and non-
farm uses.
Recreational, cultural, and open space uses are discouraged in the Agricultural
Area, but may be permitted through site-specific Official Plan Amendments as
"agricultural exceptions", provided it is demonstrated that all of the following
criteria are met:
a) there is an identified need or demand for additional land to be
designated within the planning horizon to accommodate the proposed
use;
b) the proposed location is not in a specialty crop area;
c) alternative locations have been evaluated and:
i.
there are no reasonable alternative locations which avoid prime
agricultural areas;
ii.
there are no reasonable alternative locations with lower priority
agricultural lands;
d) the use will have a minimal negative impact on farming activities and
will be subject to the natural heritage policies of this Plan;
Brooke-Alvinston Official Plan
14
Part B: Land Use Policies
e) the proposed use complies with the minimum distance separation
formulae;
f)
an adequate potable water supply and sewage treatment and disposal
system can be provided;
g) the lands are designated in this Plan and the zoning by-law as a site-
specific "agricultural exception" specific to the proposed use; and,
h) the lands remain part of the Agricultural Area designation and the long-
term intended use of the lands remains agricultural.
1.4
Lot Size
The minimum lot size for agricultural uses will generally be 38 hectares in order
to discourage the unwarranted fragmentation of farmland. This Plan supports
the provision of agricultural land parcels of sufficient size for long term
agricultural use recognizing the need to maintain maximum flexibility for farm
operators to engage in differing types and sizes of agricultural operation.
Existing undersized farm parcels are encouraged to amalgamate with adjoining
farmlands, where possible.
The creation of new farm parcels below the minimum lot area required in the
Zoning By-law and the further reduction of existing undersized farm parcels will
be permitted only in exceptional circumstances.
Notwithstanding further reduction of a farm parcel could be considered to
support a lot addition to an undersized residential lot.
Agricultural severances will be maintained along established North-South lot
grid patterns.
right to farm concept
1.5
In the Agricultural Area agriculture is the primary long term land use. Other
uses, particularly non-farm residential, are attracted to the Agricultural area by
lower land prices, and by the image of quiet, peaceful open space. Normal farm
practices create odours, noise and dust light, vibration, smoke, and flies
associated with livestock, and heavy machinery, and involve early morning and
late evening activities especially during planting and harvesting periods.
The main purpose of the Agricultural Area is to provide a secure land base for
agricultural activities. The Municipality supports the 'Right-to-Farm' concept,
and when applying the policies of this Plan, agricultural uses will be given
priority over all others in the Agricultural Area.
Brooke-Alvinston Official Plan
15
Part B: Land Use Policies
minimum distance separation
1.6
New land uses, including the creation of lots, and new or expanding livestock
facilities will comply with the Minimum Distance Separation (MDS) formulae as
implemented through the Zoning By-Law. The MDS formulae are formulae
developed by the Province to separate livestock facilities and other land uses so
as to reduce incompatibility concerns about odour from livestock facilities. The
MDS I formula provides minimum distance separation for new development
from existing livestock facilities. The MDS II formula provides minimum
distance separation for new or expanding livestock facilities from existing or
approved development.
Notwithstanding anything to the contrary, when implementing this Section:
a) New dwellings shall be erected in compliance with MDS I formula with
separations measured from the dwelling to the livestock facility.
b) New non-farm lots shall comply with the MDS I formula with separations
being measured from the proposed lot line to the livestock facility. The
severance of a farm dwelling onto a non-farm lot is considered a
change to a more intrusive use; adequate separation shall be required
from livestock facilities already on separate lots.
c) A minimum separation requirement for non-farm uses may be used in
the Zoning provisions in addition to the MDS I formula.
d) MDS I shall apply to vacant barns if they have been legally used as
livestock barns in the past, would not require building permits to be
brought back into use, and have not been converted to a different use.
e) Where a proposed non-farm use is closer to 4 or more non-farm uses
than an existing livestock facility and the same livestock facility is closer
to each of the same non-farm uses than the proposed non-farm use,
MDS I is not applied to that livestock facility.
f)
MDS II shall be measured from the nearest wall of a new or altered
livestock facility and the nearest point of an addition for an expanding
livestock facility. For residences, whether farm or non-farm, MDS II is
measured to the dwelling. For other uses or lands in non-agricultural
Zones, the separation is measured to the property or Zone boundary.
g) MDS I shall be applied to development on all existing lots of record,
although exceptions respecting the alteration or replacement of existing
non-farm uses may be permitted, subject to a minor variance subject to
the following. The calculated MDS II distances shall not be modified
except by minor variance.
i.
when the reduction is not necessary for maintaining the integrity
and economic viability of the farming operation; and,
Brooke-Alvinston Official Plan
16
Part B: Land Use Policies
ii.
when a previous reduction has been granted for the same farming
operation.
agricultural practices
1.7
The Municipality will encourage landowners to employ farm management
practices that are sensitive to the natural environment, including the following:
a) cultivation methods aimed at minimizing erosion;
b) re-establishment of natural features;
c) planting of stabilizing vegetation on creek flats and slopes to minimize
erosion and run-off;
d) proper construction of drainage tile outlets to minimize erosion along
water courses;
e) limiting livestock access to watercourses;
f)
appropriate application of fertilizers and herbicides to minimize chemical
run-off;
g) proper storage, handling and disposal of hazardous and non-hazardous
pollutants;
h) maintaining a buffer strip along watercourses, ditches and open drains;
and
i)
farm Nutrient Management Plans.
new farm lots
1.8
The creation of new farm lots will be permitted where:
a) the severed and retained lots are of sufficient size for agricultural use,
including adequate land for manure utilization from livestock on the
property;
b) the severed and retained lots are of a nature and size, and have soil
and drainage characteristics that are suitable to support an efficient
farm unit and to provide meaningful on-site farm employment;
c) the size of the severed and retained lots conforms to the requirements
of the Zoning By-law;
d) despite the lot area requirement of Section 1.4 above, land may be
severed from a farm parcel for lot addition purposes provided that the
retained lot is a minimum of 38 hectares and the severed land is added
to an abutting agricultural land holding.
Brooke-Alvinston Official Plan
17
Part B: Land Use Policies
on-farm diversified use
1.9
On-farm diversified uses will be strongly encouraged in order to provide farmers
greater opportunity to obtain additional sources of income and to promote
entrepreneurship, innovation, and business incubation.
Such uses will be subject to the following policies:
a) the activity is limited in area and secondary to the main farm operation
or residence;
b) the uses may include home occupations, home industries (including but
not limited to auction establishments, agricultural consultants, and
agricultural service establishments for the purposes of buying and
selling commodities and services that support agricultural uses), bed
and breakfast, and uses that produce value-added agricultural products
from the farm operation on the property;
c) any buildings or structures associated with such uses should be of a
design and style that will allow for ease of conversion to an agricultural
use if the secondary use should cease;
d) appropriate development standards must be contained in the Zoning
By-law regarding the maximum floor area for such uses, signage,
access, parking, outside storage, separations from sensitive uses, and
other appropriate restrictions;
e) site plan approval and site plan agreements will be required where the
general public may be permitted on site;
f)
the severance of on-farm diversified uses from the farm lot will not be
permitted;
g) in rural areas, greater separation and the ability to provide buffers
generally exist and certain home occupations that would not be
appropriate in residential areas may be permitted;
h) uses that have more substantial objectionable features may be
restricted where adequate separation and/or buffering requirements
cannot be met from sensitive uses;
i)
uses that have highly objectionable features by reason of noise, smoke,
dust, fumes or other emissions, the hours of operation, outdoor
activities or storage of equipment or materials or have potential to lead
to serious site contamination will not be permitted as home industries;
j)
the rural character and the long-term agricultural viability of the site and
area is protected;
Brooke-Alvinston Official Plan
18
Part B: Land Use Policies
k) the use will be compatible with and not hinder surrounding agricultural
operations;
l)
Adaptive re-use of surplus farm facilities on existing farms for on-farm
diversified uses, and agri-tourism uses at a scale that is appropriate to
the farm operation will be encouraged to conserve built heritage
resources and cultural heritage landscapes that would otherwise
disappear as a result of no longer being required for farm purposes.
agricultural related uses
1.10
Agricultural related commercial and industrial uses necessary in the Agricultural
Area and compatible with agricultural activity are permitted. Examples of such
uses include, but are not limited to, grain dryers, feed mills, grain and seed
storage facilities, agricultural products and produce processing facilities, bulk
farm supply dealers, farm machinery sales and service, and livestock assembly
points.
Such uses will be subject to the following policies:
a) the use is directly related to the agricultural industry and requires a
location in close proximity to agricultural activities;
b) the need and demand for the use at the location proposed can be
demonstrated to the satisfaction of the Municipality;
c) the use is not located in a specialty crop area. Otherwise, the use is to
be located on the least productive agricultural land, where possible;
d) the use is located on a road capable of accommodating the traffic
generated, with arterial and collector roads being the preferred location
for such uses;
e) the requirements of the Province, the County, and the Municipality (or
its designated agent) regarding water supply and sewage disposal can
be met;
f)
a site-specific Zoning By-law amendment is obtained specifically
permitting the agriculture-related use;
g) the use is located in conformity with the Minimum Distance Separation
formulae and does not adversely impact surrounding agricultural
operations;
h) the use does not negatively impact the Natural Heritage System;
i)
the use will be compatible with existing development in the area; and
j)
site plan approval and site plan agreements may be required.
Brooke-Alvinston Official Plan
19
Part B: Land Use Policies
k) severances for agricultural-related commercial and industrial uses is
discouraged but may only be permitted where the lot is being severed
from an agricultural lot that is 38 hectares in size. Despite this lot area
requirement, the lot may be severed from an agricultural lot that is less
than 38 hectares provided that the agricultural land is added to an
abutting agricultural lot. The new lot will be limited to a minimum size
needed to accommodate the use and appropriate sewage and water
services.
j)
the nature of the use complies with any limits specified in this Plan,
particularly respecting the types of uses that shall qualify as agriculture-
related uses;
l)
a minimum of land is removed from agricultural crop production;
k) the use would maintain the agricultural character of the area;
l)
adaptive re-use of surplus farm facilities on existing farms for
agricultural related uses will be encouraged to conserve built heritage
resources and cultural heritage landscapes that would otherwise
disappear as a result of no longer being required for farm purposes.
residential uses
1.11
Residential uses permitted are as follows:
a) New single detached dwellings accessory to agriculture;
b) Existing single-detached non-farm dwellings;
c) New single-detached non-farm dwellings, constructed on vacant lots
existing on the date of adoption of this Plan, and held in distinct and
separate ownership from abutting lands, subject to the following
conditions:
i.
the lot is suitable for residential construction;
ii.
the lot meets the requirements of the Province, the County, and
the Municipality regarding water supply and sewage disposal;
iii.
dwelling is located in conformity with the Minimum Distance
Separation formulae and does not adversely impact surrounding
agriculture activities;
iv.
direct access is available from an improved year round public
road and the access does not result in traffic hazards due to poor
sight lines or proximity to an intersection; and,
Brooke-Alvinston Official Plan
20
Part B: Land Use Policies
v.
where access is available to a public road across an abandoned
railway line it shall be accepted as access to an improved public
road.
d) The creation of an additional dwelling unit within single detached
dwellings or accessory farm buildings shall be subject to the following
requirements:
i.
The lot size and configuration are sufficient to accommodate
adequate parking and open spaces;
ii.
The building age and condition are capable of supporting the
intensified use and the building code requirements as well as
health and safety requirements, can be satisfied;
iii.
Additional dwelling units shall be permitted in compliance with all
relevant Zoning By-law provisions;
iv.
Additional dwelling units, while permitted in basements, are not to
be permitted in the cellar area of a dwelling;
v.
The availability and adequacy of municipal services to
accommodate the increased density;
vi.
There is sustainable private sewage disposal and water available
for the additional dwelling unit.
e) Where a habitable dwelling existed prior to the adoption of this Plan, a
consent to sever a lot containing the dwelling may be granted if that
residence becomes surplus to a farming operation as a result of a farm
consolidation provided that:
i.
The zoning prohibits in perpetuity any new residential use on the
retained parcel of farmland created by the severance, and that the
zoning ensures the parcel will continue to be used for agricultural
purposes;
ii.
The size of any new lot does not exceed an area of 0.4 hectares
(1 acre) except to the extent of any additional area deemed
necessary by the appropriate authority to support a well and
private sewage disposal system;
iii.
The farms are both located within the Municipality;
iv.
The new lot is located to minimize the impact on the remaining
farm operation; and,
v.
The new lot complies with the MDS Formula.
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Part B: Land Use Policies
f)
The following process shall be required for a surplus farm dwelling
outlined in 1.11 e):
i.
The rezoning application for the proposed surplus farm dwelling
and the rezoning application for the retained lands shall be
approved by Council;
ii.
No application for consent for the surplus farm dwelling will be
accepted nor will a decision be made on the consent application
until Council has approved the rezoning as identified in Clause a.
g) Permitted residential uses may include accessory uses, including home
occupations and bed and breakfast establishments. All accessory uses
including home occupations, home industries and bed and breakfast
establishments must be clearly secondary to the principle residential
use of the lot. Adequate water supply and sewage disposal must be
provided for such uses and appropriate development standards must be
contained in the Zoning By-Law regarding maximum floor areas,
signage, parking, outside storage, etc.
lot adjustments
1.12
Lot boundary adjustments for undersized residential lots shall not result in lot
sizes greater than 0.8ha except where necessitated by the requirements or
reasonable use criteria of the Province, County, Health Unit and Municipality
regarding water supply and sewage disposal.
agricultural industry and rural character
1.13
The maintenance of the agricultural industry in the Agricultural Area and the
preservation of the rural characteristics of the area will be encouraged. The
preservation and reuse of existing livestock buildings and other farm buildings is
also encouraged where doing so would not have undue impacts on
environmental features or neighbouring uses.
While the preservation and reestablishment of small-scale, diversified, family
farm operations is encouraged, the Municipality recognizes the changing
economics and character of the agricultural industry and such development in
the industry as is necessary for its ongoing competitiveness and viability.
transportation and utility corridors
1.14
Where a new transportation or utility corridor crosses a farm operation, the
transportation authority or utility will be encouraged to select a route which
causes the least disruption to farm operations and productivity where such
routing is practical and environmentally acceptable. One option to be
considered is the routing of such facilities along the edge of the farm.
Wherever possible 'easements' should be used to accommodate new utility
corridors rather than create separate and distinct lots.
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Part B: Land Use Policies
woodlots
1.15
It is the policy of the Municipality that development in wooded parts of the
Agricultural Area, including all significant woodlands, be discouraged. Land
severances for non-farm related uses and amendments to the Zoning By-law to
permit non-farm uses will generally not be allowed.
This Plan recognizes the importance of trees to agriculture due to their wind
protection and moisture holding capabilities. Existing woodlots will be protected
in accordance with the most current Lambton County Woodlands Preservation
By-law that regulates the cutting of certain trees and woodlots.
This Plan encourages reforestation and conservation of woodlots. In
accordance with the natural heritage policies of this Plan, new development in
significant woodlands will generally not be allowed.
petroleum related facilities
1.16
The development and use of buildings and structures required to house
pumping equipment and storage facilities for pumped material, related to the
petroleum industry, awaiting shipment to other locations for storage, refining or
processing may be permitted. Compressor and regulator stations associated
with natural gas pipelines and underground natural gas storage will also be
permitted.
Additional buildings or structures, or the placing of machinery used to refine,
blend, or otherwise process petrochemicals is not permitted. New development
will not normally be permitted within 75 metres of active petroleum resource
operations.
Consents may be granted for the purposes of long-term lease agreements for
petroleum works. Consents however, will not be granted that result in the
creation of additional separate and distinct lots.
general rural consent policies
1.17
Land severances in the Agricultural Area may be permitted for the following:
a) to create rights-of-way or easements;
b) to enlarge lots provided it does not result in the creation of an
undersized farm parcel;
c) to consolidate farm holdings;
d) to allow minor lot line adjustments having regard to County Official Plan
Section 4.2.2 and including but not limited to minor boundary
adjustments to increase the size of a non-farm lot where necessary to
accommodate private services;
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Part B: Land Use Policies
e) for infrastructure in compliance with the policies of this Plan;
f)
to create farm parcels that, in order to discourage the unwarranted
fragmentation of farmland, are not less than 38 hectares in the
Municipality. A different minimum farm parcel size may be considered
through an amendment to this Plan and the County Official Plan
provided that a study is carried out by the proponent with the guidance
and assistance of the Province, to demonstrate that the different farm
parcel size is appropriate for the type of agricultural uses common in the
local area yet is sufficiently large enough to maintain flexibility for future
changes in the type or size of agricultural operations.
g) To sever a surplus farm dwelling in accordance with the policies of this
Plan.
1.18
Agri-tourism uses mean farm-related tourism and commercial uses associated
with and sited on a functioning farm operation or associated with a value-Add
business and conforming with Section 6.1.8 of the County Official Plan. The
Zoning By-law shall be updated to implement these uses.
a) These uses may include farm markets, restaurants related to a winery,
limited bed and breakfast, on-farm tours, roadside produce stands, pick
your own facilities, farm mazes, agriculture related special event
facilities, agriculture education and research facilities, and uses and
practices necessary to support the day-to-day farm operation.
b) Agri-tourism uses shall only be permitted subject to the following:
i.
are to be secondary and subordinate to the principal farm
operation and activities on the property;
ii.
the size of such uses are to be small in scale, and limited and
appropriate to the site, surrounding area and the scale of the farm
operation;
iii.
agri-tourism uses, with the exception of short-term vacation
rentals, shall be subject to site plan control where greater than 93
square metres in gross floor area.
iv.
the display and retail sales of off-farm products shall be permitted,
provided that the display and retail sales area is no greater than
one-third of total gross floor area devoted to commercial use of an
agri-tourism use, to a maximum 93 square metres in size;
v.
short-term vacation rentals shall comply with the policies in of this
Plan; and,
vi.
where adequately served by on-site services, including
sustainable private services and parking; compatible with
surrounding uses; does not cause or generate off-site negative
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Part B: Land Use Policies
impacts related to infrastructure, noise or traffic, and will not
negatively impact the agricultural viability of the subject property,
surrounding area, or natural areas, features or functions.
1.19
Value Add businesses will be encouraged in the rural areas as a means of
diversifying farm income and employment opportunities and increasing the
value of produce leaving the farm. The policies applicable to other home
occupations shall apply subject to the following:
a) the business must be based primarily on the processing and/or
marketing of commodities or by-products produced by the farming
operation itself;
b) retail sale of products produced on site shall be permitted;
c) the business may be larger in scale than other home industries in terms
of employees, floor area and intensity of activities. Limits shall be
outlined in the Zoning By-law;
d) the business may be visible as a separate component of the agricultural
operation and a greater degree of nuisance features will be tolerated
than with home occupations that are not directly tied to agricultural use;
e) a zoning amendment to permit an established value-Add business to
expand beyond the size limits in the zoning by-law or diversify its
activities may be permitted, but severance of a value-Add business from
the agricultural parcel is prohibited; and,
f)
Council may require a site plan agreement as a condition of a building
permit.
1.20
Oil, (natural) gas, and salt extraction under agricultural lands shall be conducted
so as to minimize disruption to agricultural uses, minimize the amount of land
taken out of agricultural production, and prevent contamination of agricultural
lands. Rehabilitation of exhausted or abandoned wells and oil fields must be
compatible with the surrounding agricultural area and should be rehabilitated to
appropriate standards for agricultural use unless specifically rehabilitated for
another purpose.
1.21
The Municipality will promote initiatives to support rural population growth,
especially the number of farm families. Supportable methods include, but are
not limited to the promotion of:
a) value-Add, on-farm diversified uses and other practices that increase
the profitability of agricultural operations,
b) new livestock facilities and other forms of agriculture that require fewer
acres per farm operation,
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Part B: Land Use Policies
c) greenhouses, nurseries and other forms of agriculture that have
potential to support multiple families/employees on a relatively small
number of acres;
d) forms of agriculture that provides more employment on a per acre basis;
e) identification and exploitation of non-traditional, non-local, and niche
markets;
f)
on-farm and local processing and/or retail of agricultural products and
by products;
g) promotion of unique local foods;
h) stronger linkages between local food producers and major local food
distributors and consumers within settlements, including restaurants;
i)
agri-tourism; and,
j)
on-farm economic diversification.
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Part B: Land Use Policies
2.0
Residential
The policies of this section are intended to apply to lands designated in a
Residential category, (primarily in Alvinston).
2.1
Permitted Uses
The primary uses permitted in Residential Areas will be for residential dwelling
units. Various types of dwellings will be included, with preference being given to
the locating of similar densities of development together. Mobile home parks are
permitted subject to policy 2.2.1 respecting mobile home parks.
Varieties of residential dwelling types will not be mixed indiscriminately, but will
be arranged in a gradation so that higher density developments will complement
those of lower density, with sufficient spacing to maintain privacy, and amenity.
2.1.1
For the purposes of 2.1.2 below, residential density shall exclude any lands
determined to be undevelopable due to natural hazards (e.g. Floodplain and
steep slopes but should include planned roads (public and private) and
developable open space and amenity areas (common and private).
2.1.2
Other residential uses permitted within Residential Areas are as follows:
a) Medium-density attached dwellings up to a maximum net density of 38
units per residential hectare;
b) High density multiple family dwellings up to a maximum net density of
100 units per residential hectare;
c) Special residential uses such as group homes and senior citizens'
accommodation.
d) The primary residential uses permitted within Residential Areas are low
density housing types, not exceeding 25 units per net residential
hectare, including single and semi-detached dwellings, duplexes, and
triplexes, including building conversions to such uses.
2.1.3
Land uses compatible with dwellings and serving the needs of the local
residents will be permitted including, but not limited to:
a) Public and institutional uses such as elementary and secondary
schools, libraries, municipal buildings, places of religious worship and
day-care centres;
b) Neighbourhood parks and recreation uses;
c) Professional Offices, Home Occupations, and Bed & Breakfast
Establishments that constitute subordinate uses within dwellings; and,
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Part B: Land Use Policies
d) Convenience commercial uses.
2.1.4
Complementary to the range of housing accommodation, the Municipality will
seek to ensure access to a range of services/amenities that are beneficial
and/or necessary to the residents.
2.1.5
Former Alvinston School, Plan 2, Lot 4 to Lot 9, B Con
Limited commercial uses will be permitted on the South half of the former
Alvinston school site described as designation on lands described as PLAN 2
LOT 4 TO LOT 9, CON B as set out in the Zoning By-law. Only those
commercial uses where impacts to abutting residential uses will be minimal or
will be reasonably mitigated will be permitted. Site Plan control and other
appropriate means, where available, will be used to mitigate impacts to
preserve the privacy and amenity of nearby residential uses. (OPA #1)
2.2
Residential Policies
2.2.1
Within Residential Areas the Municipality will encourage:
a) Areas of new development to take the form of extensions to the existing
built-up area.
b) Development that minimizes the costs required to extend existing
services and the costs of creating new services.
c) Residential intensification in areas of existing development that have
sufficient servicing capacity. Techniques may include the creation of
infilling lots, converting existing buildings for residential use,
redeveloping sites not previously used for residential purposes,
permitting rooming, boarding and lodging houses, and encouraging
higher densities in new development. It is a goal of this Plan that 20% of
the new housing units provided in the Municipality be provided through
intensification and redevelopment.
d) Relocation of existing incompatible uses out of residential areas and
redevelopment of obsolete land uses.
e) Development to proceed in such a manner so as not to impose a
financial burden on the Municipality or municipal taxpayers.
f)
Compliance with the Amenity and Design policies of this Plan.
2.2.3
Intensification, including infill development and redevelopment, in Residential
Areas may be undertaken either by means of a plan of subdivision, plan of
condominium, or where neither subdivision nor condominium is appropriate, by
consent, provided the means selected is intended to make the most efficient
use of municipal services. Such development may also be subject to site plan
control.
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Part B: Land Use Policies
2.2.4
The design of new roads in new subdivisions and/or areas subject to plans of
condominium and/or severances will be carried out so as to permit development
of landlocked parcels in existing developed areas wherever possible. Access
roads to such parcels or condominium units may be dedicated as public roads
but may also be considered as private roads where such roads are owned by a
condominium corporation(s).
2.2.5
In approving new residential development, the Municipality will take into
consideration an appropriate mix of housing types for affordable housing and
housing for persons with special needs households according to substantiated
need and demand for the Municipality as a whole.
2.2.6
Senior-focused developments are encouraged to locate in communities in the
Municipality with amenities, such as groceries, open spaces and location
nearest to larger urban centres with shopping and health facilities.
2.2.7
In existing residential areas, an increase in residential density may be
considered where the scale and physical character of new or renovated
residential dwelling units are compatible with the surrounding area and where
municipal and community services are adequate.
2.2.8
The Municipality will maintain at all times where new development is to occur,
land with servicing capacity sufficient to provide at least a three-year supply of
residential units available through lands suitably zoned to facilitate residential
intensification and redevelopment, and land in draft approved and registered
plans. An adequate supply of housing will be ensured by maintaining the ability
to accommodate residential growth for a minimum of 15 years through
intensification and redevelopment, and if necessary, lands designated for
residential development.
2.2.9
The Municipality will encourage innovative housing designs particularly those
which offer energy efficiency, reduced municipal expenditures or lower costs to
purchasers.
phasing
2.2.10 Residential development may be phased, but final approvals shall be subject to
the availability of servicing capacity and required infrastructure.
buffering from agricultural lands
2.2.11 In cases where residential development is proposed on lands adjacent to or
abutting agricultural lands, the Municipality will ensure that adequate buffering
and/or mitigation measures are provided between the development and the
agriculture lands where necessary. In this regard, the developer will be
responsible for providing the buffering. The specifics of the buffering will be
determined when a development is proposed and any buffering requirements
will be specified within site plan and/or subdivision agreements.
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Part B: Land Use Policies
programs
2.2.12 The Municipality may participate in the housing programs of other levels of
government in order to achieve the residential goals of the Plan.
affordable housing
2.2.13 Efforts should be made to encourage the provision of affordable housing in the
Municipality, where practical. In this regard, the Municipality will assist the
private sector by:
a) providing opportunities for the production of affordable new residential
units that contribute to the attainment of the affordable housing targets
established for the Housing Market Area (Lambton County);
b) reducing the time to process residential applications, to the greatest
extent practical;
c) encouraging residential intensification where practical;
d) the Municipality will consider ways in which to encourage affordable
housing through the utilization of existing housing stock and
intensification of existing residential areas. Owners of surplus housing
stock, including farm houses, will be encouraged to consider the
potential for conversion to affordable housing rather than demolition;
e) adopting alternative development standards where deemed appropriate
by the Municipality.
f)
encouraging and supporting partnerships in the provision of affordable
and supportive housing needs in locations which are appropriate to the
community and surrounding services. Preference shall be for locations
and communities that are accessible to municipal goods and services,
healthy food, commercial areas, employment, medical and health
facilities, recreation, transit, and trails and non-motorized transportation.
Locations within mixed use developments are encouraged. Affordable
housing units shall take into consideration accessibility needs; and,
g) integrating affordable housing within the existing community fabric and
not segregated or concentrating with other affordable housing.
Affordable housing shall be integrated in such a way as to minimize
disruption and protect the physical character and vitality of established
neighbourhoods.
2.2.13.1 The Municipality will have regard for the most current County Housing and
Homelessness Plan, when setting targets for affordable housing units.
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Part B: Land Use Policies
housing mix
2.2.14 This Plan will accommodate a mix of housing types, densities, design and
tenure, including affordable housing to meet projected demographic and market
requirements of future and current residents.
The mixing of densities and housing designs within individual developments will
be encouraged, provided that locational requirements are satisfied. The density
of development will be governed by the Municipality considering among other
things, the preservation of open space and trees, the ability of the road system
to accommodate the generated traffic, the capacity of municipal infrastructure
which includes water, sanitary sewage, stormwater drainage and parks, and the
compatibility with existing development patterns.
applications for medium density
2.2.15 Development of medium density dwellings such as row housing will be
considered in accordance with the following policies:
a) The development should be located in proximity to Arterial or Collector
Roads;
b) Preference will be given to medium density development in locations
where the development provides a physical transition between low
density dwellings, and residential development exceeding a density of
40 units per residential hectare. Locations in proximity to natural
amenities such as watercourses, major open space areas, existing
neighbourhood parks, schools and other community facilities, and
commercial areas will be encouraged;
c) The development should be adequately buffered from abutting low
density residential development;
d) The development should be designed so that it is compatible with
surrounding development, and subject to the Site Plan Control
provisions of this Plan;
e) On-site parking and recreational amenities are to be provided; and
f)
The height of the proposed development should not generally exceed
three storeys.
g) Densities greater than 40 units/net hectare may be considered where
the intended tenure is rental, there is proximity to public open space and
the density is compatible with surrounding land uses. In such cases, the
requirements for high density developments shall also be taken into
consideration.
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Part B: Land Use Policies
h) The development shall be subject to Site Plan Control, or other relevant
land use and design review processes enacted by Council (e.g.
Community Planning Permit System).
applications for high density
2.2.16 Development of high-density dwellings such as apartments will be considered in
accordance with the policies of this Plan.
Planning, transportation and servicing feasibility studies may be required by the
Municipality prior to consideration of any applications for high density residential
development. The required studies must show that the proposed development
is compatible with surrounding land uses and will not place a burden on the
existing road system, or exceed the capacity of water, storm, and sanitary
treatment and distribution system services without appropriate remedial
measures being undertaken by the applicant.
All applications for new high density residential development will be subject to
Site Plan Control.
In addition to any required studies, all applications for high density residential
development will be considered in accordance with the following policies:
a) The development should be located in proximity to Arterial or Collector
Roads;
b) Preference will be given to locations in proximity to natural amenities
such as watercourses or major open space; or in proximity to central
commercial areas; public transit facilities where they are available; and
at the intersection of Arterial Roads or Arterial and Collector Roads;
c) The development should be compatible with adjacent lower density
residential development, and should be provided with on-site recreation
amenities and parking;
d) Building height should not exceed that which might create a hazard by
virtue of the inability of the Municipality to provide adequate fire
protection.
2.2.17 special residential uses
Group homes shall be permitted in any residential area. The types of group
homes which are permitted include:
a) Approved homes;
b) Home for special care;
c) Supportive housing programs;
d) Accommodation for youth and adult mental health programs;
e) Accommodation services for individuals with a development disability
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Part B: Land Use Policies
f)
Satellite residences for seniors; and,
g) Homes for individuals who have physical disabilities.
Special Residential uses will generally be subject to the policies governing
Higher Density dwellings.
2.2.18 compatibility guidelines for residential areas
Throughout this section and elsewhere in this Plan, the terms "compatible",
"compatibility" or similar terms have been used in association with new
development, redevelopment, infilling, special residential and non-residential
land uses in the Residential land use designation. To assist in assessing those
types of proposals, the following policies are provided in order to give general
guidance on what constitutes compatibility, while maintaining enough flexibility
to accommodate good, and in some cases, innovative development in the
Residential areas.
general
New development, redevelopment, intensification, special residential and non-
residential land uses should be compatible with the established character of the
area in which they are proposed.
criteria
In assessing the compatibility of a proposal with the area in which it is
proposed, the following criteria should be reviewed to determine whether the
proposal will:
a) Compatible with the established uses on adjacent sites or surrounding
areas;
b) Establish a compatible and complementary design with the existing and
planned community;
c) Generate activity, noise or traffic levels which put undue pressure on
the area and its infrastructure and other support facilities.
physical character
Development in Residential areas will respect the established physical
character of those areas, although it should be noted that the term "respect"
does not necessarily mean "be the same as". When assessing development
proposals, particular regard will be had for the following:
a) Size and configuration of lots;
b) Heights, massing, scale and dwelling type of nearby properties;
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Part B: Land Use Policies
c) Predominant building types in the area;
d) Setbacks of buildings from streets and lot lines;
e) Any landscape or building features that contribute to a unique character
in the area; and
f)
Impacts on designated heritage buildings, districts or other features
which have been designated under the provisions of the Ontario
Heritage Act.
mitigation measures
This Plan recognizes that compatibility between new and existing development
may be enhanced through the use of various measures such as the provision of
buffers, landscaping, site design, building arrangements on a site and building
design. Where there are concerns regarding the compatibility of new
development with an existing area, the use of these measures will be explored
with the proponent, and some or all may be employed and implemented through
tools such as site plan approval.
location
Residential intensification, including proposals that would result in the creation
of affordable housing, will be located to have access to community services and
facilities including public transit facilities where available, and should be in
proximity to commercial main streets and cultural nodes when possible.
2.2.19 former waste disposal site - Alvinston
Prior to any residential development being undertaken on or in the vicinity of the
lands shown on Schedule "A - Part 2" of this Plan as being a former waste
disposal site, the Municipality must be satisfied regarding the safety and
suitability of the site for the proposed use. In that regard, the proponent will be
required to conduct soil testing and investigations at its own expense to
determine the presence of methane gas and/or leachate and to ensure that the
soil will support the proposed structures without subsidence or settling. The
Municipality will consult with the Ministry of the Environment and Energy or its
designated agent prior to issuing any approvals or permits for development.
This policy shall be implemented through the use of a holding zone in the
implementing zoning by-law.
2.2.20 accessory buildings
a) Appropriate use of accessory buildings in residential areas include
storing tools, equipment and materials used in the maintenance of the
house and property, activities associated with property maintenance,
and storing personal vehicles, recreational items and household items.
Hobby activities and limited home industries are also appropriate where
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Part B: Land Use Policies
the scale and nature of the activities have no objectionable features and
are not overly intense for a residential area.
b) Buildings of form or size which could lend themselves to overly
intensive or inappropriate uses with future or present owners or that go
beyond what is needed for conventional residential accessory uses
shall be avoided.
Buildings of a size or height that is potentially out of scale or character with a
residential area will be avoided. Where an over-sized building is determined
appropriate, increased side and rear yard setbacks may be required. Over-
shadowing neighbouring properties will be avoided.
2.2.21 applications for plan of condominium
Where low density development is proposed by plan of condominium with a
private road system, increases in density may be considered. In general,
densities up to 25 units per net hectare (excluding major parks) may be
permitted for low density residential developments. Variations from this density
will be permitted/required relative to the density policies applicable for the area
within which the development is proposed. Condominium developments will not
be permitted where they would disrupt existing or future street patterns, prevent
future extensions of urban areas or create inaccessible areas within
communities.
2.2.22 additional dwelling units
a) Notwithstanding any other policy in the Plan, the use of 'additional units'
is authorized in accordance with the Ontario Heritage Act and its
associated regulations, by permitting the following:
i.
The use of two residential units in a detached house, semi-
detached house or rowhouse; and
ii.
The use of a residential unit in a building or structure ancillary to a
detached house, semi-detached house or rowhouse.
For the purpose of calculating residential density and implementing the
policies of this Plan, 'additional units' or the potential for 'additional units'
shall not be included in maximum density calculations. However, these units
may be considered when assessing servicing capacity associated with site
development. As well, additional units approved for occupancy (per Ontario
Building Code) may be used to demonstrate achievement of minimum
densities when applicable, either for implementation of policies in this Plan
or for use in an implementing zoning bylaw.
b) The Municipality shall permit additional dwelling units in a residential
area on a residential lot occupied by a single detached, semi-detached,
or townhouse dwelling, and an additional dwelling unit in an accessory
building. Additional dwelling units shall be limited in scale and
secondary to the main dwelling. In location, layout and character,
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Part B: Land Use Policies
additional dwelling units must not conflict with the physical character of
the neighbourhood and must not negatively impact adjoining properties.
c) An additional dwelling may not be permitted as accessory to a main
dwelling unit in certain situations. These may include units within a plan
of condominium, and lots where a dwelling is only permitted as
accessory to another use. Within rural areas new additional dwelling
units shall be located within the farm building cluster and shall be
required to meet reasonable use guidelines regarding sewage disposal.
Additional dwelling units may be prohibited within areas with sewage
capacity constraints.
d) Preference shall be for additional dwelling units to be within or attached
to the main dwelling and convertible to use as part of the main dwelling.
Additional dwelling units in detached accessory buildings may be
subject to greater lot line setbacks than normally applied to detached
accessory buildings. The permitted size shall be less than second units
contained within or attached to a main dwelling. Additional dwelling
units in detached accessory buildings do not, in themselves, provide
justification for larger accessory building sizes, numbers or coverage
than otherwise allowed on a residential lot.
2.2.23 The Municipality will consider the demographics and projected demographics of
the local populations as part of any application to designate, zone, or subdivide
lands for residential purposes.
2.2.24 special residential policy area
a) Prior to any application for subdivision or consent to create new lots on
the lands subject to Official Plan Amendment #5, the applicant must
provide, as part of any application the following additional information:
i.
A report, prepared by the appropriate and qualified professional,
showing that the development of residential on the subject lands
can meet the appropriate Provincial spacing for sensitive uses
(also known as the "D6 guidelines"). If this report notes that
spacing cannot be achieved, the report is to provide mitigation
methods which must form part of any conditions of approval of a
subdivision or consent. These mitigation methods may include, but
not be limited too buffering and or fencing.
ii.
A report, showing that all requirements of Minimum Distance
Separation regulations can be achieved. If this report notes that
MOS cannot be achieved, a subdivision or consent may include a
condition requiring appropriate variances be obtained prior to final
approval.
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2.3
Policies for Non-Residential Uses
2.3.1
professional offices
Certain types of professional offices are compatible with a residential
neighbourhood, and may serve a needed function to nearby residents.
Examples of such uses include a law office, doctor's office, chiropractic practice,
dentist, or accounting practice. Appropriate development standards can blend
such uses into the residential community so as to minimize undesired impacts.
2.3.1.1 A limited amount of local professional offices will be permitted in existing
residential dwellings within the residential areas.
2.3.1.2 The use will be limited to a professional practice that primarily provides services
to individuals and families.
development guidelines
The establishment of professional offices will be subject to the following
guidelines:
a) The office is located within an existing residential building.
Development of new buildings for commercial use may occur if the
structure is of similar scale and appearance with surrounding residential
structures.
b) Alterations to structures should not preclude the re-establishment of
residential uses similar to those existing prior to the establishment of the
professional practice.
c) Adequate off-street parking and buffering of parking areas from
neighbouring uses is provided.
d) Preference will be given to arterial or collector road locations.
2.3.2
home occupations
A home occupation is defined as a business activity (full or part-time) carried
out by a person in their residence. Home occupations will be permitted in
residential areas. Such uses rarely create conflicts during early development
however, when they attempt to expand, they may become inappropriate for a
residential area. To ensure that home occupations do not expand in a manner
that conflict with the residential use or physical character of the neighbourhood,
such home occupations will be encouraged to locate in other appropriate non-
residential areas.
home occupation secondary to residence
2.3.2.1 A home occupation will be clearly secondary to the residential use, and must be
contained entirely within the residential unit.
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Part B: Land Use Policies
non resident employees
2.3.2.2 A home occupation must be conducted or undertaken by a person or persons
permanently residing in the dwelling that is the primary use on that lot. The
number of non-resident persons employed in the home occupation, at its
location, will be limited in the Zoning By-law.
alterations
2.3.2.3 Alterations to a dwelling for a home occupation that are inconsistent with the
residential character of the lot or neighbourhood will not be permitted.
outdoor storage
2.3.2.4 No outdoor storage of equipment materials or goods used by or produced by a
home occupation will be permitted.
sale of goods
2.3.2.5 The sale of goods associated with a home occupation from the lot used as a
home occupation will be permitted, but a home occupation that is primarily a
retail store is prohibited.
floor area
2.3.2.6 The floor area devoted to the home occupation will be limited by the Zoning By-
law.
limitations on occupations
2.3.2.7 No use that includes the storage or repair of construction equipment, welding,
auto body repair, automobile maintenance, metal fabrication or that has
considerable potential to cause significant site contamination will be considered
to be a home occupation in a residential area.
signs
2.3.2.8 Signs associated with a home occupation will be non-illuminated, and the area
of the sign will be regulated in the Zoning By-law.
use of machinery
2.3.2.9 A home occupation will not use machinery or equipment that is inconsistent and
incompatible with surrounding residential uses because of its nature or scale,
nor will a home occupation create a nuisance or conditions inconsistent or
incompatible with adjacent or nearby residential uses by reason of emission of
noise, vibration, smoke, dust, other particulate, heat, odour, refuse, lighting or
other emission.
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nuisance
2.3.2.10 A home occupation will not create a nuisance or conditions inconsistent or
incompatible with adjacent or nearby residential uses.
municipal servicing
2.3.2.11 A home occupation will only be permitted where adequate servicing is
available.
2.3.3
short-term vacation rentals
The Municipality may establish, through the Comprehensive Zoning By-law
and/or a municipal licensing framework, appropriate provisions related to the
nature, scale, and density of Short-Term Vacation Rentals that are compatible
with surrounding land uses, to ensure these uses remain appropriately
integrated in the Municipality's residential areas, providing for the continued
availability of suitable short-term accommodations in the community.
Short-Term Vacation Rentals (STVRs) recognized by this Plan include Bed and
Breakfast Establishments, owner-occupied partial dwelling or dwelling unit
rentals (i.e. a principal residence), and entire-dwelling or dwelling unit rentals
(i.e. not a principal residence). STVRs may be permitted in commercial areas
but should generally be subject to the same land use policies as those
permitted in residential areas and shall be subject to the same licensing
requirements.
Goals and Objectives for Short-Term Vacation Rentals:
The Municipality's goals and objectives related to Short-Term Vacation Rentals
(STVRs) are as follows:
a) STVRs shall generally respect and be compatible with the residential
character, amenity, and quality of residential neighbourhoods. This may
be achieved through establishing densities for STVRs, mitigation
measures to adjacent residential properties, and municipal regulations
intended to ensure the orderly management of STVRs;
b) All roads used to access lots with an STVR shall be of sound
construction and conform to the Municipality's Road design standards;
c) Guests shall be provided with accommodations conforming to current
health and life safety standards;
d) Facilities will be operated and maintained in acceptable conditions as
detailed in the Municipality's relevant By-laws; and,
e) Operators of STVRs shall acknowledge their responsibilities in
complying with the Municipality's by-laws and licensing provisions.
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Part B: Land Use Policies
Policies:
a) The Municipality may, on an area-specific or case-by-case basis,
prohibit STVRs in areas that are not considered to be consistent with
this Plan;
b) Any short-term rental not operated by residents permanently residing in
the dwelling may only be licensed for such use if the use is permitted by
the comprehensive zoning bylaw or is a legal non-conforming use;
c) Guest rooms shall only be available for temporary, short-term
accommodation to the general public;
d) Subject to any other requirements of the zoning or licensing by-law,
STVRs shall generally not contain more than three (3) guest rooms.
STVRs with four or more guest rooms may be permitted without
amendment to this Plan but shall require a site-specific Zoning By-law
amendment;
e) Any proposed external or internal alterations of a home utilized as an
STVR that requires a planning application, including but not limited to a
minor variance, such alteration(s) shall ensure that the physical
character of the building is consistent with the physical character of the
surrounding neighbourhood;
f)
The site area of all STVRs shall be sufficient to provide for off-street
parking (i.e. on-site parking) and buffering from abutting residential
uses;
f) Special provisions applicable to Bed and Breakfast Establishments
include:
i.
Separate kitchen or dining areas for guests may be provided.
Establishment of a restaurant catering to persons other than
guests shall not be permitted;
ii.
Only persons permanently residing in the dwelling shall operate a
Bed and Breakfast Establishment; and
iii.
Construction or conversion of buildings accessory to the home to
accommodate guests shall not be permitted.
h) Prior to approving any STVR use with more than three guest rooms for
a site, and as part of the assessment of the suitability of the proposal,
consideration by Council shall include the following:
i.
All licensed and approved STVRs shall be subject to a municipally
approved STVR Code of Conduct;
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Part B: Land Use Policies
ii.
Any STVRs with more than three guest rooms shall be defined in
the zoning bylaw and subject to site plan control to ensure:
1. Sufficient on-site parking is available;
2. Occupancy Loads of the dwelling are not exceeded;
3. Appropriate water and wastewater services are provided to
the dwelling;
4. Operational fire and safety plans are approved by qualified
municipal inspectors;
5. Appropriate on-site signage is provided;
6. Appropriate site landscaping and buffering is provided to
mitigate potential impacts on neighbouring properties;
7. Suitable privacy fences and/or screening is provided to
further buffer and mitigate any potential impacts of the
proposal on abutting and other nearby properties;
8. Suitable on-site amenity area is provided for guests and
residents;
9. A development agreement is registered on title to ensure
there are appropriate controls in place to ensure the site
remains in good condition while operating as a short-term
vacation rental; and,
10. Establish that a Property Manager shall be on call 24/7 to
address noise complaints, property maintenance, and any
other nuisance related complaints arising through the use of
residential properties for this purpose.
i)
As part of a submissions in support of a site-specific zoning amendment
for STVRs with more than three guest rooms, a proponent shall be
required to:
i.
Provide a planning justification report prepared by a qualified
professional land use planner to be submitted with the rezoning
application and provided to and reviewed by the Municipality's
Planners. This report shall provide an assessment of how the
proposed use may impact the use and enjoyment of neighbouring
properties, and how any negative impacts will be mitigated,
including a proposal for ongoing management of the property, for
property standards, noise, and any other potential nuisances that
may be associated with short term rentals. Such on-site
management proposals may later be addressed in specific detail
in the site plan development agreement; and,
ii.
Demonstrate availability and suitability of on-site and nearby public
amenities and services for residents and guests.
j)
Additional dwelling units (per Ontario Heritage Act) approved for the site
shall not be used for any form of temporary accommodation (i.e.
additional units shall only be provided for permanent, long term housing
supply); and,
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k) STVRs shall generally be encouraged to locate in proximity to
established commercial areas, tourist areas or local attractions.
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Part B: Land Use Policies
3.0
Commercial
The policies of this section are intended to apply to lands designated in a
Commercial category.
3.1
Commercial Area
Commercial Area uses are intended to serve the day-to-day needs of the
residents of the community, and to a limited extent, tourists visiting or travellers
through the Municipality.
permitted uses
3.1.1
Within the Commercial Area the primary use of land will be for businesses
engaged in the buying, selling, supplying, leasing and exchanging of goods and
services. To enhance the identity and strengthen the function of Commercial
Areas, the highest concentration of and the greatest mix of uses including
residential, institutional, retail, office and community services appropriate to the
size of the community will be permitted.
secondary uses
3.1.2
Secondary uses shall include residential uses.
dwelling units
3.1.3
To enhance the diversity and vitality of the commercial area, the establishment
of new dwelling units will be encouraged in accordance with the following
criteria:
a) In cases where a lot fronts onto a commercial main street, the dwelling
units must be located above or behind ground floor commercial uses;
b) Dwelling units are provided with access to an open space area suitably
landscaped and maintained, or alternatively are provided with a
balcony; and,
c) Access to the dwelling units is provided from an adjacent street or land
and not through a commercial use.
d) On-site parking is required for residential uses. This policy should not
be interpreted to require an Official Plan Amendment where there is a
change of use to a property designated under Part IV of the Ontario
Heritage Act or to a character defining property designated under Part V
of the Ontario Heritage Act not resulting in exterior alterations. Relief
with respect to parking may be required through a Planning Application.
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studies
3.1.4
To strengthen and enhance the role of the Commercial Area as the focal point
of the community and as a healthy business centre, the Municipality may
undertake detailed design/feasibility studies with respect to:
a) The preservation and rehabilitation of historical landmarks and
buildings;
b) New uses for vacant or under-utilized buildings;
c) Street landscaping, lighting, signage and exterior building design;
d) The development of efficient pedestrian and vehicular circulatory
systems;
e) The re-location of non-conforming uses; and
f)
The provision of adequate and accessible off-street parking.
compatibility
3.1.5
New Commercial Area development will only be permitted where compatibility
with adjacent land use designations and the commercial structure of the
Municipality can be ensured.
form
3.1.6
The Commercial Area built form will typically be a grouping of retail and other
commercial uses under common or individual ownership. The preferred form of
development within the Commercial Area is for retail and office uses at grade
with residential uses locating on upper floors of buildings and/or behind the front
portion of buildings, where appropriate.
3.1.7
Proposals for development of new or peripheral shopping areas will
demonstrate that the viability of existing mainstreets and commercial areas will
not be threatened. Existing mainstreets and commercial areas should be given
first priority for development or redevelopment for commercial purposes.
3.1.8
a) The Municipality encourages the development of its mainstreets and
commercial areas in a way that fosters activities associated with a
creative economy and strengthens these areas as cultural nodes;
b) Where feasible and the opportunity exists, mainstreets and commercial
areas will be connected to natural heritage systems;
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Part B: Land Use Policies
c) The Municipality will promote activities and events in the areas around
mainstreets and commercial areas in a manner that does not detract
from the viability of these areas;
d) Wherever feasible, heritage buildings and structures will be conserved,
and any new development will complement the cultural heritage
landscape of the mainstreet or commercial area;
e) The Municipality encourages tourism and leisure related activities to be
located on mainstreets and commercial areas;
f)
The Municipality encourages the renovation of second and third floor
spaces in older commercial buildings for such uses as apartments,
studios, and professional offices; and,
g) The revitalization strategies must conform with Section 6.6 of the
County Plan.
Highway commercial uses should be directed to commercial areas on Nauvoo
Road, including but not limited to automobile service stations, drive-thru
restaurants, equipment sales and service establishments, and building and
contractor supply stores.
3.1.9
All new development within Commercial Areas shall be subject to Site Plan
Control. In addition, the implementing Zoning By-law shall contain provisions
relating to building siting, location and massing to implement the urban design
policies of this Official Plan.
3.2
Site Design Policies
The following site design policies will apply to all Commercial Areas.
3.2.1
New commercial development adjacent to existing commercial uses will be
encouraged to integrate the design and dimensions of structures, parking areas
and access points with those of the adjacent uses.
3.2.2
New commercial development will ensure that there is:
a) Safe and adequate access from the road subject to the approval of the
authority having jurisdiction. Access points will be limited in number
and designed to enable segregation, and the safe movement of
pedestrians and vehicles. Shared access among commercial
establishments will be provided wherever possible;
b) Adequate off-street parking and loading spaces, in accordance with the
provisions of the Zoning By-law, and the spaces should be located
beside or behind the establishment, where possible;
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Part B: Land Use Policies
c) Adequate site landscaping and maintenance of all lands not used or
required for the building area, parking and loading areas, and display or
storage areas; and,
d) A front yard setback that accommodates pedestrian movement.
3.2.3
Where new commercial development is proposed adjacent to residential land
uses, Council must be satisfied that the following provisions are adequately
met:
a) Screening and/or buffering of access driveway, parking and service
areas such that noise, light or undesirable visual impacts are mitigated;
b) Locating and designing light standards and external light fixtures so that
lighting is directed away from the adjacent residential uses;
c) Locating and sizing of advertising, identification, or other signs and
devices, to avoid conflicts with effective traffic control and the general
amenity of the area; and,
d) Sitting, scale and massing of buildings are such that it respects the
adjacent land uses, provides for a safer pedestrian environment, and
enhances the existing physical character.
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Part B: Land Use Policies
4.0
Industrial
4.1
Industrial Area
permitted uses
4.1.1
Within Industrial Areas the permitted use of land will generally be non-noxious
industrial uses such as general manufacturing, construction, truck terminals,
bio-solids storage, research and development, warehousing and wholesaling
and light assembly or any combination thereof within enclosed buildings. Agri-
businesses, food processing, sustainable energy and advanced manufacturing
uses will also be permitted.
Office development associated with these uses is permitted.
noxious uses
4.1.2
Industrial uses which are considered a noxious trade business or manufacture
under Provincial legislation or regulations will not be permitted in Industrial
Areas.
accessory and complementary uses
4.1.3
Commercial uses accessory or complementary to industrial establishments will
be permitted provided they do not detract from the area for industrial purposes
now or in the future and may include offices, and limited retailing within
industrial buildings for the sale of goods manufactured on the premises.
Parks and public open space uses are also permitted.
location of accessory and complementary uses
4.1.4
Accessory and complementary uses except for Parks and Public Open Space
and retailing uses within industrial buildings will generally be encouraged to
locate on Arterial Roads and Collector Roads, preferably grouped at or near the
entrances to industrial areas and at major road intersections wherever possible.
outdoor storage
4.1.5
Outdoor storage of industrial materials and equipment will only be permitted as
an ancillary use to the permitted uses in Industrial Areas. Outdoor storage of
industrial materials and equipment along Arterial Roads, Collector Roads,
Provincial Highways, on the periphery of Industrial Areas, and/or adjacent to
Residential Areas, will be discouraged. Outdoor storage should be located in a
rear yard and should be adequately screened from adjacent properties and
streets.
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Part B: Land Use Policies
development standards
4.1.6
The Zoning By-law will prescribe specific development standards related to
parking requirements, setbacks, coverage, buffering, separation, etc., to ensure
that conflict with surrounding uses is minimized to the satisfaction of the
Municipality. Buffering will be considered in light of Provincial guidelines on
separation distances between industrial facilities and sensitive land uses. The
Municipality will ensure that the physical needs of businesses are addressed,
which includes ensuring that:
a) a diversity of zoned and serviced sites is available to support a range of
industrial activities; and
b) sites are well designed and have a high level of available amenities,
including access to major transportation routes that are attractive to new
investors.
existing residential uses
4.1.7
Adequate separation distances must be maintained between new industrial
development and existing residences and residentially zoned land.
residential uses attached to permitted uses
4.1.8
a) New residential uses are prohibited. New sensitive land uses that are not
ancillary to employment uses are prohibited.
b) Residential dwelling units for a caretaker or watchperson may be
permitted provided they are structurally attached to the main permitted
use on the lot.
4.1.9
The Municipality may permit the conversion of lands within an Industrial
designation to another type of land use only through a municipal comprehensive
review, as stipulated in Part E of this Plan and the County Official Plan, that
reflects County of Lambton's employment growth projections, allocations and
intensification and density targets by the County Plan where it has been
demonstrated that:
a) There is a need for the conversion;
b) The conversion will not adversely affect the overall viability of the
Municipality's Industrial Areas and the achievement of the intensification
target, density targets and other Policies of this Plan;
c) There is existing, or planned, infrastructure in place to accommodate
the proposed use;
d) The lands are not required, over the long term, for employment or
industrial purposes for which they are designated; and,
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Part B: Land Use Policies
e) Major retail uses are considered to be non-employment uses and are
not permitted in Industrial Areas.
4.1.10 Lands designated Employment Area shall not be redesignated or rezoned to
any other non-employment land use, except through a Municipal
Comprehensive Review in accordance with the policies of Section 14 Official
Plan Review and Amendments of this Plan.
4.1.11 In circumstances where an industrial use cannot be accommodated in the
designated Industrial areas due to parcel size or separation requirements, any
such industry may locate outside of a Settlement Area, by amendment to the
County and Municipal Official Plans, provided that the following criteria are met:
a) There is an identified need or demand for additional land to be
designated to accommodate the proposed use;
b) Alternative locations have been evaluated and
i.
There are no reasonable alternative locations available within a
Settlement designation;
ii.
There are no reasonable alternative locations which avoid prime
agricultural areas; and
iii.
There are no reasonable alternative locations with lower priority
agricultural lands;
c) The proposed location is not in a specialty crop area;
d) The proposed location complies with the Minimum Distance Separation
formulae;
e) The proposed use is compatible with the existing and anticipated future
uses in the immediate area and any impacts on surrounding agricultural
operations area mitigated to the extent feasible;
f)
The proposed use can be fully serviced with municipal water and can
provide adequate sanitary sewage disposal and treatment;
g) The site is located in proximity to a major transportation corridor;
h) The site should preferably be contiguous to existing industrial lands;
and,
i)
The site is compatible with the Natural Heritage policies of this Plan.
4.1.12 New industrial uses which involve handling of toxic or other hazardous materials
will not be permitted within susceptible areas to groundwater contamination as
identified in Appendix Map A of the County Official Plan and Schedule A of this
Plan.
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Part B: Land Use Policies
4.2
Site Design Policies
The following site design policies will apply to all Industrial Areas.
4.2.1
New industrial development adjacent to existing industrial uses will be
encouraged to integrate the design and dimensions of structures, parking areas
and access points with those of the adjacent uses.
4.2.2
New industrial development will ensure that there is:
a) Safe and adequate access from the road subject to the approval of the
authority having jurisdiction. Individual access points will be limited in
number and designed to minimize any danger to vehicular and
pedestrian traffic. Continuous access will be discouraged in favour of a
curb and designated ingress and egress points. Shared access among
industrial establishments will be provided wherever possible;
b) Adequate off-street parking and loading spaces, in accordance with the
provisions of the Zoning By-law, and the spaces should be located
beside or behind the establishment, where possible; and
c) Adequate site landscaping and maintenance of all lands not used or
required for the building area, parking and loading areas, and display or
storage areas.
4.2.3
Where new industrial development is proposed adjacent to residential land
uses, Council must be satisfied that the following provisions are adequately
met:
a) Adequate screening and/or buffering is provided between the two uses;
b) The impacts of parking, storage, loading and lighting, noise, vibration,
dust/debris, odour and other contaminants are minimized; and,
c) Traffic flows, building forms and relationships to neighbouring buildings
and uses are acceptable.
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Part B: Land Use Policies
5.0
Mixed Commercial/Industrial Area
5.1
Permitted Commercial Uses
Permitted commercial uses include highway commercial uses such as:
automotive sales and services, lumber yards, and other land extensive
commercial uses that may be inappropriate within other commercial areas in the
municipality. In addition, factory outlets, farm related commercial uses such as
supply establishments for the sale of feed and seed and/or fertilizer, or farm
implement sales and service may be permitted.
5.2
Permitted Industrial Uses
Permitted industrial uses include a range of light industrial and farm related
industrial uses. Examples of these include livestock and poultry processing
establishments, bulk fuel depots, grain and seed storage facilities, feed mills,
and grain drying facilities.
5.3
Development Policies
5.3.1
Site access will be subject to the regulations of the appropriate road authority
and should be limited in number and designed to enable segregation, and safe
movement of pedestrians and vehicles. The sharing of access points or the
construction of internal service roads will be encouraged.
5.3.2
New development will require Site Plan approval pursuant to the Site Plan
Control provisions of this Plan. The site plan agreement may, among other
things, ensure that adequate buffering is provided where commercial and/or
industrial uses may adversely affect an adjacent land use. New development
shall generally conform to the urban design policies in Part D Section 3 of this
Plan.
5.3.3
Commercial and industrial uses will be zoned in one or more separate zoning
categories in the implementing Zoning By-law. The Zoning By-law will also
contain regulations governing parking and loading requirements.
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Part B: Land Use Policies
6.0
Institutional
6.1
Permitted Uses in All Designations
Institutional uses including government, health care, day-care, educational,
religious, recreational, social welfare, and cultural facilities are permitted in all
designations.
Institutional uses will include any recognized public, non-profit or charitable
organization, elementary and secondary schools, community facilities, places of
worship, daycare centres, nursing homes, libraries, and offices and cemeteries.
Certain uses operated for profit such as nursing homes or day nurseries may
also be considered as institutional uses provided Council is satisfied that the
use is compatible with surrounding uses.
6.2
New Institutional Uses
The following policies will apply to new Institutional land uses:
a) New Institutional uses should generally be located in Residential Areas,
subject to a Zoning By-law Amendment, to consider the following
criteria:
i.
The use can easily be accessed by pedestrians;
ii.
The use is located on a site that has adequate land area to
incorporate required parking, waste management facilities,
landscaping and buffering on-site; and
iii.
The scale, massing and siting of the development is compatible
and consistent with the development on adjoining lands.
New Institutional uses may be considered in other designations where
the scale and/or nature of proposed institutional uses warrants.
b) New Institutional uses will generally be encouraged to locate in areas
where full municipal services are provided;
c) New Institutional uses should not impact in an undesirable manner on
surrounding Residential uses, nor generate traffic beyond the capacity
of the local road system; and
d) New Institutional uses should be strategically located in relation to the
population served.
e) The development of institutional uses shall conform to the urban design
policies of this Plan.
f)
New institutional uses shall be subject to site plan control in accordance
with the policies of this Plan. The site plan agreement may, among
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Part B: Land Use Policies
other things, ensure that adequate buffering is provided where an
institutional use adjoins a residential use.
g) New development should have access to a public road capable of
accommodating any increase in traffic flow that may result. Access
points should be limited in number and designed to enhance pedestrian
safety and safe vehicular movement.
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Part B: Land Use Policies
7.0
Open Space
The provision of public recreational space and facilities is an important
component for the social well being of the residents of the Municipality. It is the
Municipality's intent to provide opportunities for the creation of public parks and
recreational facilities and to work with local service clubs, school boards, and
private citizens to improve and expand the park system.
Parks and recreation facilities will be provided to meet the general needs and
desires of the residents.
7.1
General Policies
permitted in all designations
7.1.1
Public open space uses are permitted in all designations.
interconnected systems
7.1.2
Wherever possible, an interconnected open space system will be developed. In
the event that transportation or utility corridors are no longer required for such
purposes, they should be incorporated into the municipal open space system.
The Municipality will encourage the co-operation and participation of public
service groups and private citizens in developing such corridors as open space
linkages. Consideration will be given to the potential for linking the
Municipality's open space system with those of neighbouring municipalities.
parkland dedications
7.1.3
Public open space may be acquired through the dedication of lands or the
payment of funds pursuant to the provisions of the Ontario Heritage Act; in
which case it will be provided in accordance with the following policies:
a) As a condition of residential development or redevelopment conveyance
of land to the Municipality for park purposes will be required at a rate of
5 per cent of the land proposed for development or 1 hectare per 600
dwelling units or cash-in-lieu provisions to a maximum of 10 per cent of
the land or the value of the land if the developable land is five hectares
or less in area or 15 per cent of the land (or the value of the land if the
developable land is greater than five hectares in area);
b) As a condition of industrial and commercial development or
redevelopment, the conveyance of land to the Municipality for park
purposes will be required at a rate of 2 per cent of the land proposed for
the development to the Municipality for park purposes, or cash in lieu
thereof.
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Part B: Land Use Policies
cash-in-lieu of parkland
7.1.4
Cash in lieu of dedicated parkland will be based on the appraised value of any
lands required to be conveyed for park purposes in accordance with the
appropriate provisions of the Ontario Heritage Act. Cash in lieu will be accepted
for example when there is no deficiency in parkland based on the parkland
density standards or the parcel proposed is not appropriate for parkland.
Combinations of cash-in-lieu and parkland dedication may be accepted in some
instances. For example, when partial dedication would achieve the desired
parkland standard for the area or where private recreational facilities are being
constructed.
condition of dedicated lands
7.1.5
The Municipality will generally not accept as part of the minimum parkland
conveyance lands that are required for drainage purposes, lands susceptible to
flooding, steep valley slopes, hazard lands, connecting walkways and other
lands unsuitable for development. Furthermore all lands conveyed to the
Municipality will be in a physical condition satisfactory to the Municipality
considering the anticipated park use. The Municipality may accept some lands
that contribute to linkages between existing parks in the system as part of the
dedication at their discretion.
7.1.6
The Municipality may, from time to time, wish to acquire from developers, lands
that are of particular value because of their physical quality or because they
provide the opportunity to link other parts of the open space system. Where
these lands exceed the 2 per cent dedication required for commercial and
industrial development or the 5 per cent dedication required for other purposes,
the Municipality will attempt to acquire such lands through purchase from the
developer.
multiple family developments
7.1.7
Any multiple unit residential development with over 25 units should incorporate
private parkettes for the use of its residents.
agreements
7.1.8
This Plan encourages the development of agreements between the Municipality
and other organizations, such as public service clubs or school boards, for the
increased utilization of space and facilities such as open space, gymnasiums, or
buildings, in order to serve the residents.
other agencies
7.1.9
This Plan also encourages the assistance of public service groups, businesses
and private citizens in the provision of parkland and park equipment.
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7.1.10 The use of land designated Open Space Areas shall include active and passive
recreational uses, recreational and community facilities, conservation uses,
nature trails, marinas, cemeteries and wildlife management. Small scale
commercial uses, which are ancillary to and support the permitted Parks and
Open Space designation, may also be permitted.
7.1.11 The following additional uses, including any ancillary buildings or structures, are
permitted in the Open Space Areas designation:
a) Golf courses including driving ranges and putting greens;
b) Private Parks;
c) Public campgrounds;
d) Cemeteries;
e) Crematoria shall only be permitted with cemeteries outside of
settlement areas;
f)
Non-commercial gardening including nurseries;
g) Botanical gardens;
h) Zoological parks;
i)
Swimming pools, skating rinks and ponds;
j)
Public trail bike racing courses;
Ancillary retail commercial uses and parking facilities as long as such uses do
not inhibit the operation of the primary use.
7.1.12 Where any land designated as Open Space Area is under private ownership,
the Plan does not intend that this land will necessarily remain as Open Space
Area indefinitely, nor will it be construed as implying that such land is free and
open to the general public or that the land will be purchased by the Municipality
or any other public agency.
7.1.13 Applications for the redesignation to another use for all or part of an existing
Open Space Area, with the exception of golf courses, may be permitted by the
Municipality after considering the following:
a) The existence of any significant or unique natural features and/or
environmentally sensitive areas or cultural heritage landscapes;
b) The proposed methods by which the above would be handled in a
manner consistent with accepted engineering practice and
environmental management methods;
c) The costs and benefits in monetary, social and biological value in terms
of any engineering works and resource management practices to be
used;
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d) The concerns of the local Conservation Authority and/or the Province;
and,
e) The other policies of this Plan related to parks and open space.
7.1.14 Proposals to redesignate a golf course for residential use shall only be
considered as part of the County of Lambton and Municipality Municipal
Comprehensive Review and shall meet the requirements of Part 5 of this Plan.
Every such proposal to redesignate a golf course for residential use shall
require an amendment to this Plan to implement the Municipal Comprehensive
Review.
7.1.15 There is no public obligation to redesignate or to purchase any Open Space
Areas.
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Part B: Land Use Policies
8.0
Natural Heritage
The Municipality contains environmental features and sites that are valued for
their physical beauty and ecological function. Many of these environmental
features and sites are identified by the County Official Plan and this Plan as
significant natural areas that combined with their functions, and the corridors
that connect them, form a natural heritage system to be protected, restored, and
where possible, improved.
The Municipality's Natural Heritage System and associated policies are not
intended to limit the ability of agricultural uses to continue.
The Municipality also contains areas that are subject to natural hazards such as
flooding and/or instability due to erosion and excessive slopes where
development must be prohibited or restricted to protect against loss of life,
damage to public and private property, and undue financial burdens for the
Municipality, County, and Province.
Ontario Regulation 171/06 governs the extent of regulated areas, including
around wetlands, watercourses or hazardous lands, where development or site
alteration is prohibited subject to written approval from the St. Clair Region
Conservation Authority.
Not all features or areas identified as part of the natural heritage system for the
Municipality contain inherent hazards and not all natural hazard areas contain
natural heritage features or areas, but they can be coincident. Where there is
overlap between policies in this section of the Plan, all of the applicable policies
are to be addressed, with the more restrictive applying where there are
conflicts.
8.1
General Policies
Natural Heritage System
The Municipality's Natural Heritage System is a combination of significant
natural areas, their functions, and the corridors that connect them. The system
includes.
Group A features:
-
provincially significant wetlands
-
locally significant wetlands
-
habitat of endangered species and threatened species
-
fish habitat
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Group B features:
-
lands adjacent to Group A features and adjacent to certain Group B
features as noted in these policies
-
significant woodlands
-
significant valleylands
-
significant wildlife habitat
-
provincially significant areas of natural and scientific interest (ANSIs)
-
regionally significant ANSIs
Group C features:
-
lands adjacent to other Group B features
-
primary corridors, including core areas
-
linkage features
-
highly vulnerable aquifers
-
significant groundwater recharge areas
-
other surface water features
-
woodlots other than significant woodlands
-
other significant natural areas, including shrublands, meadows and
prairies
These features can overlap and the habitat of endangered species and
threatened species, fish habitat, and wildlife habitat are functions associated
with the habitat features of wetlands, woodlands, ANSIs, valleylands, and
watershed systems.
When considering new land use planning applications, the following shall
apply:
a) For Group A features, no development or site alteration is permitted,
except that in the case of fish habitat and habitat of endangered species
or threatened species, development may be permitted in accordance
with provincial and federal requirements, and infrastructure may also be
permitted in some circumstances in accordance with applicable
legislation and regulations;
b) For Group B features, development may be permitted if it can be
demonstrated through an Environmental Impact Study that no negative
impacts on the features or their associated ecological functions will
result;
c) For Group C features, the policies of this Plan provide general controls
on development with the aim of improving the overall health of the
natural heritage system including the improvement of linkages within
corridors.
The features of the Municipality's Natural Heritage System are identified on
Schedule B.
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The Natural Heritage System identified on Schedule B or otherwise identified by
the policies of this Plan are to be considered as overlays to the designations on
Schedule A. Despite the designation that lands may have in Schedule A of this
Plan, development of lands will be generally directed away from the Natural
Heritage System and/or subject to such evaluations or conditions as required by
the policies of this Plan and the County Official Plan.
Some natural heritage features are not identified on Schedule B that are
otherwise identified by the policies of this Plan. These include natural heritage
features that require further work to identify, constitute sensitive information that
cannot be displayed, or are too small or numerous to be specifically identified
on Schedule B.
Note: Provincial review and approval will be required for any development within
the habitat of endangered or threatened species.
Natural Hazard Areas are areas susceptible to flooding and erosion and are
generally located within the Regulation Limit of the Conservation Authority as
identified on Appendix 1.
permitted uses
8.1.1
The use of lands in the Natural Heritage System and Natural Hazard Areas will
be restricted to agriculture (exclusive of any buildings or structures),
conservation, forestry, parks, other passive outdoor recreational uses that rely
on specific features of the natural environment and marine facilities where
appropriate. Some permitted uses may be restricted if located within or
adjacent to defined Wetlands, Areas of Natural or Scientific Interest (ANSI's),
and Environmentally Sensitive Areas (ESA's), as identified by the Province, the
County, the Municipality, or the local Conservation Authority.
fill
8.1.2
No alteration to a watercourse and no placing or removal of any fill of any kind
whether originating on the site or elsewhere shall be permitted in the Natural
Heritage System and Natural Hazard unless such action is approved by the
Municipality or, where natural hazard regulations apply, by the local
Conservation Authority. The Municipality may consider implementing a Site
Alteration By-law under the authority of the Ontario Municipal Act (R.S.O. 1990).
changes to schedules
8.1.3
Minor changes to the boundaries of natural heritage features and areas may be
permitted without an Official Plan amendment provided that an Environmental
Impact Study of the sensitive area has been undertaken to the satisfaction of
the Municipality. Council will consider the nature and sensitivity of the area or
feature and must be satisfied that the impact can be alleviated with consistent
with and sound resource management practices. The Municipality will consult
with the local Conservation Authority and the Province.
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private lands
8.1.4
The designation of land as part of the Natural Heritage System in this Plan does
not imply:
a) that those lands are available or open for public use; or
b) that the Municipality or any other public agency intends to purchase
those lands.
redesignation/purchase
8.1.5
There is no public obligation, to redesignate or to purchase any lands in the
Natural Heritage System and Natural Hazard Areas, particularly if there is a
sensitive natural area or an existing or potential hazard that would be difficult or
costly to overcome.
floodlines
8.1.6
The Natural Heritage System identified on Schedule B may coincide with
hazardous lands, including areas subject to flooding or erosion, but it is not to
be construed as delineating the boundaries of these hazards.
parkland dedications
8.1.7
Where new development includes lands within the Natural Heritage System and
Natural Hazard Areas, such lands shall not be considered acceptable by
Council for dedication to the Municipality for park purposes. All lands dedicated
to the Municipality for park purposes will be conveyed in a physical condition
acceptable to the Municipality.
setbacks
8.1.8
Building setbacks shall be imposed in accordance with the Natural Heritage
System policies of this plan, including buffer areas. Setbacks shall be set out in
the implementing Zoning By-law.
land severances
8.1.9
Land severances in the Natural Heritage System may be permitted in
accordance with the Land Division policies of this Plan.
8.1.10 The Municipality may prohibit all development, dumping or removal of fill,
alteration to watercourses and natural drainage areas, removal of tree stands
and the installation of roads and services within Group C features of the Natural
Heritage System without demonstration by an Environmental Impact Study
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prepared in accordance with 8.4 of this Plan that there will be no significant
negative impacts to the features or their ecological functions.
In addition, other lands not within the Significant Natural Areas and Natural
Hazard Areas may be subject to the requirement of an environmental evaluation
being carried out prior to development approval.
Any development or site alteration, including dumping or removal of fill, or
alterations to watercourses and natural drainage areas will require a written
permission through the Conservation Authority.
designation boundaries approximate
8.1.11 The boundaries of the Natural Heritage and Natural Hazard Areas are
approximate and will be used to guide the preparation of the Zoning By-law
provisions which will implement the policies of this Plan. As detailed mapping of
Natural Hazards, the Natural Heritage System and/or its features becomes
available the Conservation Authority and the Province will be consulted. Where
there is an approved Environmental Impact Study prepared in accordance with
the policies of this Plan or an approved natural hazard assessment an update of
this Plan will be made through an office consolidation without amendment to the
Plan, otherwise the Plan will be amended as required. Wherever designation
boundaries of the Natural Heritage and Natural Hazard Areas are amended in
this Plan, the implementing Zoning By-law will be amended as required.
zoning
8.1.12 Group A and Group B features of the Natural Heritage System and Natural
Hazard Areas will be zoned in a separate category in the implementing Zoning
By-law.
8.2
Significant Natural Areas
8.2.1
The Municipality will designate Significant Natural Areas as Natural Heritage
System according to their identification in this Plan as Group A features, Group
B features, or Group C features, or other suitable designations and will
encourage the maintenance of these lands in their natural state where possible.
significant natural areas and environmental evaluations
8.2.2
Significant Natural Areas shall include features and boundaries that are
identified or evaluated as further studies or evaluations are completed
subsequent to the adoption of this Plan, including features that have not been
comprehensively assessed on a County-wide level such as significant
valleylands, habitat of endangered species and threatened species, and
significant wildlife habitat. This Plan will reflect the most up-to-date information
when adopted and when formally reviewed under Section 26 of the Ontario
Heritage Act.
For the purposes of this Section, "adjacent" shall mean within 120 metres.
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other natural features
8.2.2.1 The Municipality will designate provincially and locally significant wetlands in
this Plan as identified and delineated by the Ontario Wetland Evaluation System
(OWES).
8.2.2.2 The Municipality will identify significant woodlands in this Plan and its Zoning
By-law using the criteria and mapping contained in the draft Lambton County
Natural Heritage Study (2014).
8.2.2.3 Endangered species and threatened species and their habitat are protected by
the Endangered Species Act, 2007. Delineations of these areas represent
sensitive information and the Species at Risk in Ontario List is subject to
change. These areas therefore are not shown on Schedule B of this Plan and
will include areas not specifically designated as natural heritage features in this
Plan and/or areas not known by the County or Municipality to be habitat of
endangered species or threatened species. Where there is reason to believe
that proposed development will be located in or adjacent to the habitat of
endangered species or threatened species, the proponent will be notified of the
requirement to ensure their due diligence under the Endangered Species Act,
2007, which should include consulting with the Province regarding the need for
further investigations.
8.2.2.4 Fish habitat is not specifically designated on Schedule B in this Plan.
Development within 120 metres of surface water features (excluding off-stream,
man-made ponds) will be directed to the province for screening for fish habitat.
Fish habitat will be protected from harmful alteration, disruption or destruction
unless authorized under the Fisheries Act. In all cases, the guiding principle of
no net loss of productive capacity will be utilized.
8.2.2.5 Significant valley lands are not specifically designated on Schedule B in this
Plan. For purposes of identification, they are lands having a slope of 10 percent
of more over a sustained area.
8.2.2.6 Significant wildlife habitat is not specifically designated on Schedule B in this
Plan but may be coincident with other significant natural areas identified by this
Plan. Specific wildlife habitats of concern may include areas where species
concentrate at vulnerable times in their annual or life cycle or areas which are
important to a species' migration or wintering. The Province of Ontario's
Significant Wildlife Habitat Technical Guide shall be used to identify and
determine significant wildlife habitat on a site-specific basis when development
or site alteration requires an environmental impact study.
municipal activities
8.2.3
It is recognized that there will be natural features, located both within and
outside the areas designated as Hazard and part of the Natural Heritage
System that may be important elements of the Municipality's natural heritage.
To protect these, the Municipality will work with residents, service clubs and/or
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naturalist groups to identify the natural features, such as rare trees, tree rows,
vegetated areas, secondary corridors, linkage areas, and wildlife habitat; except
where the policies of this Plan are more definitive as to what is required, the
Municipality will encourage development proponents to conserve and enhance
these features as part of the development approval process.
8.2.4
The Municipality will incorporate management practices with respect to
municipal buildings and property to reduce the amount of contaminants
(pesticides, herbicides, and salt) entering receiving watercourses through street
cleaning, snow removal and weed control activities.
watercourses
8.2.5
Development along watercourses will be planned such that harmful alteration,
disruption and destruction of fish habitat is avoided. The following principles will
apply to any development that borders a watercourse in the Municipality:
a) as a first option, natural stream bank vegetation should be maintained;
b) grassed slopes and other native vegetation, or other suitable erosion
control methods, should be introduced and should be maintained on
the banks of watercourses;
c) construction of tile outlets should not contribute to erosion along
watercourses;
d) tree planting or other buffer measures should be installed where
appropriate to protect watercourse banks and enhance the "biological
corridor" role of watercourses;
e) interim measures to protect the watercourse from erosion and
sedimentation during construction should be incorporated; and
f)
an appropriate setback for all development from the top of bank of
watercourses will be required in order to prevent erosion, improve water
quality, enhance wildlife corridors and protect fish habitat, in addition to
protecting the development from flooding and slope instability.
trees
8.2.6
In order to maintain a healthy stock of mature trees, the Municipality will require
development proponents, as a condition of approval, to preserve mature trees
where possible and when trees must be removed, these shall be replaced with
new plantings in a reasonable time by trees of similar species and of sufficient
maturity to enhance the appearance of the development. In addition, the
Municipality will encourage the introduction of new tree plantings as one
component of the development approval process. The Municipality will require
the use of indigenous trees and, to a lesser extent shrubs, wherever practical in
connection with landscaping plans, site plan approvals, subdivision agreements,
wind breaks and reforestations done in connection with permits to remove trees
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issued by the County of Lambton. The Municipality will also use indigenous
species for municipal lands and parks and as part of any municipal plantings
within public road allowances.
woodlot management
8.2.7
In accordance with the County of Lambton Woodlands Conservation By-law, no
clearing of woodlots will be permitted except for minor clearing for convenience
purposes as approved by Lambton County Council. County Council may
require, as a condition of approval, reforestation of, at least, an equivalent area
of land, or planting of a fence line or windbreak.
Where forest cover has been removed and is to be replaced as a condition of a
development approval, the use of indigenous species of vegetation is
encouraged. Restoration work should be required at rate of twice the area of
forest cover that was removed. Preference will be given to replacing the trees
at the same site and/or within the Natural Heritage System and Natural Hazard
lands. The replacement tree stock should consist of indigenous species where
quality stock is available and be maintained by the proponent to the free to grow
stage. Long term management of these replacement trees will comply with the
County of Lambton Woodlands Conservation By-law.
legislative measures
8.2.8
To encourage woodlot protection, the Municipality may consider implementing
relevant sections of the Forestry Act, the Municipal Act and any other relevant
legislation.
tree saving plans
8.2.9
Development proponents within or adjacent to wooded areas will be required to
submit a Tree Inventory and Preservation Plan, satisfactory to the Municipality
as a condition of approval. The Tree Saving Plan shall:
a) contain an inventory of existing tree species and condition;
b) indicate the impact of development on existing trees and the wild life
habitat that they provide;
c) indicate measures necessary to reduce the negative effect of
development;
d) indicate the trees to be removed and ensure the preservation of the
remaining trees;
e) indicate a plan for the replacement of trees with suitable quality stock,
preferably of indigenous species, and maintenance of replacement
trees to a free to grow stage;
f)
be included in the development agreement; and
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g) incorporate the requirements of an Environmental Impact Study if the
wooded area is part of a Significant Woodland, as defined in the County
of Lambton Official Plan.
natural corridors
8.2.10 Improving linkages within the Natural Heritage System through a
comprehensive system of primary corridors and linkage features will be
encouraged. Stewardship initiatives and compatible land uses will be
encouraged in an effort to restore areas of vegetation gaps and woodland
openings within these natural corridors. Any reforestation required under the
County of Lambton Woodlands Conservation By-law or a Tree Inventory and
Preservation Plan should maintain and enhance existing corridors where
practical.
8.3
Natural Hazards
Major watercourses, corresponding flood plains and valley systems with
significant slopes represent constraints to development. The following policies
apply to development and site alteration within those areas of the Municipality
that are susceptible to flooding and erosion, and more generally to any location
where such conditions as described in this section exist.
Such natural hazards are generally located in St. Clair Region Conservation
Authority regulated areas identified as Areas Affected by Regulation (O. Reg.
171/06) in Appendix 1.
8.3.1
general policies
8.3.1.1 New development in the Municipality will generally be directed away from areas
with known or suspected natural hazards, which include:
a) flooding and erosion hazards related to rivers and streams;
b) hazardous sites related to organic soils;
c) high water table areas and groundwater recharge areas; and
d) hazardous forest types for wildland fires.
8.3.1.2 The Municipality may permit development and site alteration to occur on natural
hazard lands and associated sites, except within a floodway, if all the following
can be achieved:
a) all policies are met with respect to any coincidental natural heritage
features;
b) hazards can be safely addressed and development and site alteration is
carried out in accordance with floodproofing, protection, and access
standards and procedures such as those related to hydrogeological and
geotechnical engineering practices;
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c) new hazards are not created and existing hazards are not aggravated;
d) no adverse environmental impacts will result;
e) vehicles and people have a way of safely entering and exiting the area,
as per Provincial Standards, during times of flooding, erosion, and other
emergencies (unless the site access is appropriate for the nature of
development); and,
f)
the proposed use is not an institutional use, essential emergency
services, or operations related to the disposal, manufacture, treatment
or storage of hazardous substances.
8.3.1.3 The Municipality will prepare appropriate zoning provisions for natural hazard
lands that:
a) prohibit uses other than agriculture, conservation, forestry and wildlife
management;
b) prohibit buildings or structures except where they are intended for flood
or erosion control or are normally associated with protection works,
bank stabilization projects, transmission or distribution pipelines
approved by the National Energy Board or Ontario Energy Board, or
electricity transmission and distribution systems; and,
c) impose development setbacks in relation to the severity of existing and
potential environmental hazards.
d) technical studies, including floodplain or geotechnical studies, may be
required to inform appropriate setbacks. The Municipality will consult
with the Conservation Authority on required studies.
8.3.1.4 For any development or site alteration proposed within lands regulated by the
Conservation Authority, the proponent must obtain written permission from the
Conservation Authority before the Municipality will issue a building permit.
8.3.1.5 Where an existing legal non-conforming or non-complying building or structure
lying within all or part of hazard lands is destroyed in a manner not related to
the inherent environmental hazards of the land, the Municipality shall permit the
building or structure to be rebuilt only if the Conservation Authority permits the
reconstruction.
8.3.2
Flood Plain Policies
regulatory flood standard
8.3.2.1 The Regulatory Flood Standard for the Municipality is based upon the Hurricane
Hazel storm centred event which occurred in 1954.
one zone concept
8.3.2.2 The flood plain for major watercourses exhibiting valley topography is subject to
the One Zone Concept as defined by the Regulatory Flood Standard which will
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Part B: Land Use Policies
be determined in consultation with the local Conservation Authority. Permitted
uses, development and site alteration are subject to the policies of 8.3.1 in this
Plan.
All buildings and structures will be prohibited except for:
a) those necessary for flood or erosion control;
b) those necessary for conservation purposes;
c) minor buildings such as rain shelters; and
d) those structures that comprise a portion of a recreation pathway; or
those permitted through the specific policies elsewhere in this Section.
All such development below the regulatory flood line will require a "Fill,
Construction and Alteration to Waterways" permit from the local Conservation
Authority.
absence of engineered floodlines
8.3.2.3 The preparation of engineering reports to determine the extent of the floodplain
may be required in areas where no engineered flood lines exist. The cost of
required reports will be borne by the development proponent.
existing development in the floodplain
8.3.2.4 Any redevelopment or expansion of existing development within the flood plain
must be in conformity with the policies of this Plan and the policies of the local
Conservation Authority. All such development below regulatory flood lines will
require a permit from the local Conservation Authority.
8.3.3
Unstable Lands
setbacks from slopes
8.3.3.1 Development adjacent to steep slopes or watercourse valleys will be subject to
setbacks from the stable top-of-bank. The stable top-of-bank will be determined
by the proponent in consultation with the Municipality and the Conservation
Authority/Province. The required development setback will reflect the degree,
severity and extent of the hazard. The erosion hazard (slope setback) will be
determined using an allowance for slope stability, an erosion allowance based
upon the 100 year erosion rate, and an erosion access allowance. A standard
setback may be included in the implementing Zoning By-law.
engineering and geotechnical studies
8.3.3.2 Where slope stabilization, development or redevelopment is proposed near the
top-of-bank of a major watercourse or significant slope, the proponent will
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consult with the Municipality regarding the need for geotechnical or engineering
studies.
8.3.3.3 Where Ontario Regulations stipulate, the Municipality will consult with the
Conservation Authority, however, outside regulated areas, the Municipality may
consult with the Conservation Authority at its own discretion. The Municipality
will reserve the right to require geotechnical and/or engineering studies and/or
works.
8.4
Environmental Impact Studies
8.4.1
An Environmental Impact Study (EIS) shall be required in accordance with the
policies of this Plan for development and site alteration in the Natural Heritage
System. The study shall demonstrate that no negative impact on the natural
features or the ecological functions for which the feature is identified. The study
may determine the nature and extent of the feature and its ecological function;
may incorporate a buffer or setbacks from the feature; and may result in a site
layout that addresses the study recommendations.
8.4.2
An EIS required under this Plan shall be submitted with the development
application and shall be prepared and signed by a qualified biologist or
environmental planner. A peer review of the EIS may be required by the
Approval Authority.
8.4.3
a) An EIS shall be required for development on lands adjacent to
significant natural heritage features (i.e. Group A and Group B
features). The lands defined as Adjacent Lands are generally within 120
metres of the feature unless an alternative standard for Adjacent Lands
is established through the County Official Plan.
b) The extent of Adjacent Lands where an EIS is required may be reduced
on a site-specific basis, based on the nature of the features, the existing
conditions of the site and surrounding lands, the scale of the proposed
development, and the likelihood of negative impacts the natural heritage
features.
c) An EIS may be required for development within or adjacent to Group C
features, as determined by the Municipality in consultation with the
Conservation Authority.
8.4.4
An EIS shall be completed in accordance with the process requirements as
outlined in the County Official Plan.
8.4.5
The required scope and/or content of an EIS may be modified, through pre-
consultation with the Municipality, County, and the Conservation Authority
where the environmental impacts of a development application are thought to
be limited, or if other environmental studies fulfilling some or all requirements of
an EIS have been accepted by the Municipality and County.
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8.4.6
An EIS may not be required where the Municipality, in consultation with the
County and the Conservation Authority, determines that no negative impacts
would be anticipated on the natural heritage feature or adjacent lands. The
requirements for an EIS may be reduced or removed in the following
circumstances and only where no negative impact is anticipated:
a) Where the proposed development is small scale (non-agricultural
development); or
b) Where the proposed development is small or medium scale (agricultural
development only); or
c) Where the proposed development is not in an area regulated by the
Conservation Authority; or
d) Where the proposed development is on an existing lot of record; or
e) Where the development is an addition located away from the feature; or
f)
Where the proposed development is separated from the feature by a
road or existing development; or
Where the development is wholly contained within the existing footprint or
includes a minor addition that is > 15m from the feature.
8.4.7
An EIS is not required for uses authorized under an Environmental Assessment
process carried out in accordance with Provincial or Federal legislation or a
watershed plan carried out by the County of Lambton and/or a Conservation
Authority.
8.4.8
Where it is demonstrated that all, or a portion of, a Group B or Group C feature
does not meet the criteria for designation under this Plan and thus the site of a
proposed development or site alteration no longer is located within the Group B
or Group C feature or adjacent land then the restrictions on development and
site alteration set out do not apply. This policy requires an EIS or study through
an Environmental Assessment process to determine whether the designation is
still appropriate.
8.4.9
The Municipality, in coordination with The County and in consultation with the
Conservation Authority, may develop guidelines for the evaluation of
development proposals consistent with the policies of this Plan.
8.4.10 Tree and Woodland Protection
a) The Municipality recognizes the importance of trees and woodlands to
the health and quality of life in our community. The Municipality shall
encourage sustainable forestry practices and the protection and
restoration of trees and forests.
b) Opportunities for tree planting on Municipality-owned lands (such as
lands designated Open Space and inactive portions of parks) shall be
identified and implemented in co-operation with government agencies
and local interest groups. In restoration efforts, the Municipality shall
plant only indigenous species, preferably those of local origin.
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c) Where the Municipality is undertaking infrastructure work, existing
woodland resources shall be protected and preserved, where feasible. If
it is necessary for infrastructure works to destroy any trees, excluding
trees that are listed as threatened or endangered species, the
Municipality shall endeavour to compensate by re-planting on site
and/or planting trees elsewhere. Should the removal/destruction of any
trees that are listed as threatened or endangered species be required to
complete infrastructure works, the Municipality will contact the
appropriate Provincial authority to determine the necessary approvals
and mitigation.
8.4.11 Any land dedication that may be accepted by the Municipality shall be managed
consistent with the Natural Heritage Policies of this Plan.
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Part B: Land Use Policies
9.0
Resource Extractive
9.1
Permitted Uses
Lands designated as Resource Extractive may be used for the extraction of
mineral resources (mineral aggregates and minerals) such as sand, gravel,
stone, or clay together with the ancillary uses of aggregate storage, a stone
crushing plant, processing facilities, overburden storage, administrative offices,
scales and accessory uses unless specifically restricted elsewhere in this
Section. Importing aggregate materials and recycled materials (e.g. recycled
asphalt and concrete) for blending with materials extracted at the mineral
resource extraction operation is also permitted within the Resources Extractive
designation. Extraction of mineral resources is an interim land use. Prior to,
and after extraction, the lands may also be used in accordance with the
Agricultural Area policies contained in this Plan.
Resource extraction is discouraged in Provincially Significant Natural Heritage
Features as identified in the County Official Plan. The Municipality discourages
resource extraction in locally significant natural heritage areas and the removal
of sizable, healthy woodlots for extraction purposes. Where extraction is
permitted, it should be contingent upon rehabilitation plans that re-establish a
comparable or improved natural heritage feature and/or system.
9.2
General Policies
Existing licensed resource extractive operations will be protected from activities
that would preclude or hinder their expansion or continued use, or which would
be incompatible for reasons of public health, public safety or environmental
impact.
In areas adjacent to or in known mineral resource areas, development that
would preclude or hinder the establishment of new operations or access to the
resource will only be permitted if:
a) resource use would not be feasible; or
b) the proposed land use or development serves a greater long term public
interest; and
c) issues of public health, public safety and environmental impact are
addressed.
wayside pits and asphalt plants
9.3
Wayside pits and quarries, and portable asphalt plants, used on public authority
contracts will be permitted in all land use designations except Natural Heritage
and Natural Hazard Areas and areas where conflicts with existing developments
would occur. A Zoning By-law amendment will be required to establish a new
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wayside pit or quarry in an area of existing development or in an area of
particular environmental sensitivity.
extractive operations on lands designated
9.4
Expansion of existing licensed resource extractive operations, or the
establishment of new operations, on lands designated Resource Extractive will
require an amendment to the Zoning By-law. Applications to consider new or
expanded resource extractive operations will be considered on the basis of:
a) The effect on the water resources, the Natural Heritage System and the
Natural Environmental designations within 120 metres of the subject
lands through the preparation of an EIS, and a hydrogeology study;
b) The effect on ground water and existing wells surrounding the property
including on or adjacent to potential recharge areas;
c) A rehabilitation plan;
d) A site development plan, which includes the following information:
i.
The shape, topography, contours, dimensions, size and location of
the property to be redesignated and/or rezoned as well as the
extent of adjacent property held for future pit or quarry operations,
ii.
A description of the surrounding lands including land uses,
location and use of buildings and structures, fences, significant
natural features and wells within a distance of 120 metres and
other lands owned by the applicant;
iii.
The location, height, dimensions and use of all buildings or
structures existing or proposed to be erected on the property;
iv.
Existing and anticipated final grades of excavation, shown by
contours where necessary, as well as excavation setbacks;
v.
Drainage provisions;
vi.
All entrances and exits;
vii.
As far as possible, ultimate pit development or quarry
development, progressive and ultimate road plan, any water
diversion or storage, location of stockpiles for stripping and
products, progressive and ultimate rehabilitation, and where
possible intended use of the land after the extractive operations
have ceased; and
viii.
Cross-sections through the deposit and the estimated quality and
quantity of the resource.
e) The haulage routes proposed to and from the site, the traffic volumes
anticipated and a traffic impact study;
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f)
The effect of the operation on nearby residents including noise, dust
and vibration concerns;
g) The effect on archaeological resources and cultural resources;
h) A Planning Assessment Report, which assesses land use compatibility
and policy conformity issues including the relevant policies of this Plan,
except that demonstration of need shall not be required;
i)
For applications on lands currently designated Agricultural Area, the
applicant shall further demonstrate that the rehabilitation of the site will
be carried out whereby substantially the same areas and same average
soil quality, including soil capability for agriculture are restored; and
j)
Such other relevant matters, as Council deems necessary.
The Zoning By-law may contain Holding provisions which will be used where it
is necessary to zone lands for development where the future land use has been
sufficiently justified but where there are outstanding matters which cannot be
handled through zoning and more specifically identified as:
a) Water, wastewater and/or storm water servicing requirements;
b) Road improvements or extensions;
c) Dedication of lands for park purposes or payment of cash-in-lieu for
park land dedication;
d) Verification of suitable environmental site conditions;
e) Special land use policies, including but not limited to policies to guide
redevelopment or certain lands and/or policies to guide appropriate
urban design;
f)
Phasing of development; or
g) An Environmental Impact Study which determines specific measures to
prevent impact on natural heritage features.
extractive operations on lands not designated
9.5
The establishment of new resource extractive operations or expansions to
existing operations on lands not designated Resource Extractive will require an
amendment to both the Official Plan and the Zoning By-law. Applications to
amend the Official Plan and By-law must be supported with the following
information:
a) The location, shape, topography, contours, dimensions, area and
characteristics of the lands to be used for the new resource extraction
operation;
b) The use of all land, and the location and use of all buildings and
structures on the subject lands and within 500 metres (1640 feet) of any
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of the boundaries of the lands to be used for the resource extraction
operation;
c) The specific location, type, quantity and quality of the mineral resources
within the lands to be used for resource extraction purposes;
d) Plans showing progressive grade changes, excavation setbacks,
proposed buildings, changes to the drainage systems, access points,
mineral storage areas, screening and berming and progressive
rehabilitation of the site during the active life of the resource extraction
operations; and
e) All proposals for new licensed mineral aggregate shall include plans for
rehabilitation. These rehabilitation plans shall:
i.
Provide for progressive sequential rehabilitation wherever feasible;
ii.
Be prepared in detail by a recognized expert under the Aggregate
Resources Act prior to any approvals being given;
iii.
Be compatible with the long-term uses permitted by the Official
Plan;
iv.
Provide a detailed agricultural rehabilitation plan where lands have
a Class 1, 2 or 3 soil capability. Rehabilitation must ensure that
substantially the same acreage and same average soil quality
including soil capability for agriculture are restored; and
v.
Consider the surrounding land uses and approved land use
designations and recognize the interim nature of extraction.
vi.
The requirements of Policy 11.4 of this Plan.
The above-noted information may be supplied by the proponent in an
application for a licence under the Aggregate Resources Act, a separate
submission to the Municipality or a combination of both.
pit rehabilitation
9.6
When the extraction of the mineral resources has been concluded in
accordance with the Official Plan for the Municipality and with all site plan
agreements, and all rehabilitation requirements, the Resource Extractive Areas
will only be used in accordance with the Agricultural Area policies of this Plan
unless designated otherwise by an Amendment to this Plan.
9.7
Progressive or sequential rehabilitation of lands within Resource Extractive
Areas will be encouraged in accordance with a rehabilitation plan prepared in
accordance with the Aggregate Resources Act, as amended.
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When resource extractive operations are proposed for agricultural lands,
rehabilitation of the site will be carried out whereby substantially the same areas
and same average soil quality for agriculture are restored. Complete agricultural
rehabilitation is not required if:
a) there is a substantial quantity of mineral resource below the water table
warranting extraction; or,
b) the depth of planned extraction makes restoration of pre-extraction
agricultural capability unfeasible; and,
c) other alternatives have been considered and found unsuitable; and,
d) agricultural rehabilitation in remaining areas will be maximized.
Where it is not feasible to return the lands to agriculture, priority should be given
to assessing the feasibility of rehabilitation to a use which provides significant
social and environmental benefits. The use should result in environmental
improvement or net environmental gain. Features such as woodlots, wetlands,
fish and wildlife habitat areas, integrated water systems or passive recreational
opportunities may be appropriate.
provincial requirements
9.8
All resource extractive uses must satisfy the requirements of the Province as to
water supply, disposal of liquid wastes, pumping operations, the control of air
and noise pollution and vibrations where blasting is involved.
development agreements
9.9
Mineral aggregate resource operations and associated operations may be
required to enter into a development agreement with the Municipality. Such an
agreement shall include, but not limited to the following:
a) Access routes to be used and requirements for the improvement and
maintenance of access routes:
b) Restoring damages;
c) Arrangements for adequate screening to provide a visual buffer
between the proposed aggregate operation and any road or
surrounding sensitive land use. Such screening shall be established
effectively prior to operations commence;
d) Provision for acceptable discharge and storage practices;
e) Issues of public safety, public health and environmental impacts; and,
f)
Other matter as Council may deem necessary and in the public interest.
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zoning
9.10
Setback distances for licensed operations are set out by regulation in the
Aggregate Resources Act. Similarly, all proposed development adjacent to a
licensed quarry must maintain a minimum setback of 500 metres from the
quarry operation. All proposed development adjacent to a licensed pit must
maintain a minimum setback of 300 metres from the pit operation. The above
distances may be reduced if proponents of any proposed adjacent development
can demonstrate through studies that any potential hazards or land use conflicts
with adjacent Extractive Industrial operations can be eliminated through the
incorporation of special planning design and construction techniques like
landscaping, buffering, setbacks or other mitigation measures. Proposed
development shall demonstrate that it will not result in the preclusion or
hindrance of the expansion of the mineral aggregate operation or its continued
use or will not be incompatible for reasons of nuisance, public health, public
safety or environmental impact.
9.11
In providing comments to the Ministry of Natural Resources on an application
for license under the Aggregate Resources Act, the Municipality shall consider
the need for screening, setbacks, fencing, hours of operation, surface and
groundwater monitoring, noise, air quality, traffic control, rehabilitation, vibration
from blasting, the cumulative effects of the proposed license area together with
existing licensed areas on agriculture, environment features, commercial and
residential areas and such other relevant matters as are considered appropriate
by the Municipality.
9.12
In considering an application to amend the Official Plan and Zoning By-law,
Council shall consult with Provincial Ministries and any other agency having
jurisdiction to ensure that the activities of, and rehabilitation of, an extractive
operation will be carried out in accordance with the appropriate legislation and
to ensure that the effects on the social and natural environment are properly
considered.
9.13
Planning decisions shall take into consideration the locations of oil and gas
resources as identified in the County of Lambton Official Plan. The mapping of
the resources in the County Official Plan is not definitive and may have
historical inaccuracies. For sites with or near resource features, the Municipality
and development proponents should reference the Ontario Oil, Gas, and Salt
Resources Library for the most up to date information and specific feature
details including estimated accuracy of well locations. In coordination with the
County of Lambton, the Municipality shall consult with the Province:
a) Where new development is proposed adjacent to or in areas of known
oil or gas pools;
b) Regarding new non-petroleum developments located less than 75
metres from existing wells. This setback should ensure adequate
spacing around the well head to provide access for maintenance and
general safety;
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c) Where development is proposed above former and potential salt
solution mining operations and resources; and
Where assistance is needed in the identification of well sites, in areas
suspected of containing improperly plugged wells.
9.14
As a condition of development approval, the Municipality will require that
improperly abandoned (plugged) wells that are known or discovered on the
lands during the development process will be properly plugged, capped or
otherwise made safe in accordance with Provincial requirements. Building
locations should be examined for the presence of possible well sites using
established standards, procedures, and mapping. Areas where wells are
located should be avoided when siting buildings unless it can be demonstrated
that development can safely occur. If possible, building should not be located
over known abandoned or plugged wells.
9.15
Aggregate Resource Extraction shall be recognized in the Comprehensive
zoning by-law. Any commencements or expansions would require an
amendment to the comprehensive zoning by-law and where applicable a
license from the Ministry of Natural Resources.
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10.0
Cannabis
10.1
Cannabis Production Facility: means any indoor building structure, or lands
licensed by, Health Canada to undertake cultivation, processing, sale, analytical
testing, and research of cannabis, pursuant to the Cannabis Regulations under
the Cannabis Act, or successor legislation. A cannabis production facility
excludes the outdoor cultivation and processing of cannabis.
10.2
Cannabis production facilities may be permitted in the following land use
designations subject to the policies of this Plan:
a) Industrial
b) Agricultural Area
Cannabis production facilities within all other land use designations are
prohibited.
10.3
Within the land use designations specified in Section 14.2 of this Plan, a
cannabis production facility shall require a rezoning application and a Site Plan
application to be approved by the Municipality. Both the rezoning application
and Site Plan shall address the following:
a) Conformity with the Province of Ontario's Sensitive Land Use
Guidelines ("D-6") as amended from time to time;
b) Noise, odour, and wind through studies prepared by a qualified
professional;
c) Photometric analysis including studies of night light and impacts
prepared by a qualified professional;
d) Servicing including stormwater management;
e) Security plan and site design for security;
f)
Waste management plan; and,
g) Mitigation plan including mitigation for sensitive land uses.
10.4
A cannabis production facility is defined as an indoor facility in accordance with
Policy 14.1 of this Plan. Outdoor cultivation and processing of cannabis shall
require an amendment to this Plan, a rezoning, and a Site Plan application to be
approved by the Municipality. Outdoor cultivation and processing may be
considered only in the Agricultural Area and no other land use designation.
Applications for outdoor cultivation and processing shall address the
requirements of Policy 14.4 of this Plan.
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11.0
Uses Permitted in All Designations
11.1
Day Care Centres
a) Day Care Centres shall be permitted on all school sites;
b) Day Care Centres shall be permitted within a Place of Worship or other
place of public assembly, a commercial place of employment, a community
centre, all residential designations, institutional designations, and subject to
provincial licensing policies;
c) Day Care Centres in an industrial place of employment shall not be
permitted as a stand-alone use;
d) Day Care Centres shall be designed to provide appropriate facilities for
parking, pick-up and drop-off areas. Appropriately located and screened
play areas shall be provided; and,
e) Day Care Centres should not be located in lands identified as Natural
Hazard and/or Category A Natural Heritage Features unless an
Environmental Impact Study establishes the appropriate location for the
Day Care Centre on the proposed site.
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Part C: Municipal Services & Utilities
PART C: MUNICIPAL SERVICES & UTILITIES
1.0
Transportation
It is the policy of the Municipality to provide and maintain efficient, cost-effective
and reliable transportation systems that integrate with adjacent systems and
those of other jurisdictions to serve the needs of the local population.
1.1
Road System
a) The movement of vehicles on public rights-of-way will be given a high
priority in the planning of the transportation system within the Municipality.
b) The following hierarchy of roads is hereby established:
-
Arterial Roads;
-
Collector Roads;
-
Local Roads.
1.1.1
Arterial Roads
function
a) Arterial Roads transport large volumes of traffic between the different
areas within the Municipality and through the Municipality. Direct
access is usually from other Arterial Roads and Collector Roads.
access
b) Direct access to Arterial Roads from Local Roads and abutting
properties is not encouraged, except where local circumstances do not
provide alternatives.
right-of-way width
c) The minimum right-of-way width for Arterial Roads will generally be 26
to 30 metres (86 to 100 feet). A greater right-of-way width will be
provided for turning lanes at road intersections where required. The
minimum right-of-way width on County Roads will be 26 metres (86
feet).
intersection improvements
d) In areas which are already developed, existing Arterial Road
intersections will be improved as required.
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new intersections
e) In areas where new development is proposed, new Arterial Road
intersections will be adequately spaced, and will be provided with
necessary traffic control equipment and turning lanes, to maintain a safe
and desirable movement of vehicular and pedestrian traffic.
setbacks
f)
The Zoning By-law will establish minimum setbacks for buildings along
Arterial Roads to ensure room for future road widenings and installation
of additional traffic lanes, if required. Arterial Road widenings will not be
undertaken until the impact on abutting properties is studied and any
negative effects are minimized.
high traffic land uses
g) Land uses which generate high volumes of traffic, including truck traffic,
will be encouraged to locate along Arterial Roads.
trucks
h) The movement of truck traffic through the Municipality will be
encouraged on Arterial Roads rather than Collector Roads or Local
Roads.
1.1.2
Collector Roads
function
a) Collector Roads carry traffic volumes to and from major traffic
generators or within or between residential neighbourhoods.
access
b) Direct driveway access to Collector Roads from low density residential
uses will generally be discouraged, wherever possible.
right-of-way width
c) Collector Roads will have a minimum right-of-way width of 20 metres
(66 feet) in urban and Agricultural areas.
intersection improvements
d) Collector Road intersections will be adequately spaced to ensure the
safe and desirable movement of traffic and pedestrians and to minimize
the infiltration of through traffic onto Local Roads in residential
neighbourhoods.
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location and design
e) Collector Roads will be located and designed to discourage through
vehicular traffic within residential areas. Where possible, reverse
frontages will be used for residential lots adjacent to collector roads.
1.1.3
Local Roads
function and access
a) Local Roads provide unrestricted access from abutting properties to the
municipal road system.
right-of-way width
b) Local Roads will have a minimum right-of-way width of 20 metres (66
feet) or a minimum width of 15 metres (50 feet) in areas where
alternative development standards are deemed appropriate by the
Municipality.
1.1.4 General Road Policies
land acquisition for roads purposes
1.1.4.1 As a condition to the approval of a plan of subdivision or land severance, the
Municipality may require the dedication of new roads. In addition, land
dedication for road widenings or intersection improvements for a plan of
subdivision, or land severance, may be required where the road right-of-way
width is less than that required by this Plan.
development applications & road widening
1.1.4.2 Road widening, as a condition to the approval of new development, may be
required in accordance with the Site Plan Control and consent policies of this
Plan.
1.1.4.3 New development will be prohibited on private roads, except within approved
Plans of Condominium or on existing lots fronting onto an existing private road.
The Municipality must be satisfied as to the adequacy of the private road to
accommodate anticipated traffic.
1.1.4.4 Land will be conveyed at no expense to the Municipality for municipal road
widenings as a condition of severances, plans of subdivision, or as a
consequence of new development, changes in use that generate significant
traffic volumes, additions that substantially increase the size or usability of
buildings or structures, where the subject lands front on municipal roads. For
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lands fronting on County or Provincial roads, development proponents are
encouraged to consult with the appropriate County or Provincial road authority.
1.1.4.5 Unequal widenings may be taken where topographic features, federal land
ownership, historic buildings or other cultural heritage resources, significant
environmental concerns or other unique conditions necessitate taking a greater
widening or the total widening on one side of an existing municipal road right-of-
way.
1.1.4.6 Right-of-way width requirements for a specific section of roadway may be
reduced where special circumstances warrant and long-term requirements will
not be affected.
1.1.4.7 The following policies apply to the use of road allowances.
municipal services
a) Services provided by the municipality shall be permitted in all road
rights-of-way.
public utilities
b) Public Utilities which serve abutting owners may be located in road
rights-of-way where reasonably practicable. If an existing road right-of-
way width is less than the minimum right-of-way width identified by this
Plan, the utility proposing to locate services may be required to acquire
(or pay the cost of acquisition by the municipality) of the additional land
required to meet the minimum right-of-way standard.
other public services
c) Electrical power transmission lines and pipelines for the transmission of
oil, gas, brine or other liquid products of the oil and gas industry shall be
permitted to cross but shall not otherwise be located within any road
right-of-way. The preferred location for transmission lines and related
works is a multi-use easement corridor. Where it is determined (for
environmental or other reasons) that a transmission line route should be
located upon a particular road right-of-way, the proponent shall be
required to acquire (or pay the cost of acquiring) sufficient land for the
widening of the road allowance beyond the minimum standards of this
Plan to accommodate the transmission line.
relocation of services
d) The primary function of all road rights-of-way is to serve the
transportation system needs of the municipality. The secondary
function of all road rights-of-way is to provide for the distribution of
municipal services and utilities to inhabitants of the municipality. Where
a road right-of-way is used for any other purpose (such as the provision
of other public services or transmission lines), such use shall be at the
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risk and expense of the proponent. The municipality may direct the
location or relocation of any fixture or thing (system, transmission line,
etc.) in the road right-of-way. All expenses associated with the
construction, relocation or removal of any fixture or thing maintained in
a road right-of-way shall be borne by the owner of the thing.
1.1.5 General Development Policies
a) Landscaping and other techniques should be utilized to minimize the
visual and noise impacts from roadways on adjacent residential
development or in the immediate vicinity of existing or proposed arterial
roads.
b) New large scale development proposals that may generate significant
traffic volumes may require a transportation study to assess the impacts
on the road network and the local land uses.
c) Proposed development adjacent to and in the vicinity of a Provincial
Highway within the Ontario Ministry of Transportation permit control
area will be subject to review and a permit by MTO. Early consultation
with MTO is encouraged by development proponents.
Proposed development adjacent to and in the vicinity of a County Road
will be subject to review by the County of Lambton. Early consultation
with the County of Lambton is encouraged by development proponents.
heritage roads
1.1.5.1
a) The Municipality should identify, conserve and manage heritage roads
and associated features where such roads exhibit one or more of the
following:
i.
Indigenous history;
ii.
Historical association with a theme of human history (Indigenous
or European) that is representative of the development and use of
land in the Municipality;
iii.
Historical associations with the life or activities of a person, group,
or organization that has made significant contribution to the
community, province, or nation; or,
iv.
Scenic routes with a sense of position or place.
b) Heritage roads should be conserved and protected by the appropriate
road authority and should endeavour to protect:
i.
Existing road surface widths where they contribute to the heritage
character of the road;
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ii.
Existing trees and tree lines within the road allowance;
iii.
Other vegetation, plantings and features such as boulevards,
hedgerows, ditches, grassed areas and fence lines;
iv.
Transportation related heritage features where they contribute to
the specific to the special character of the road.
1.2
Parking Facilities
minimum standards
1.2.1
The Zoning By-law will establish minimum off-street vehicle and bicycle parking
standards for all appropriate land uses and forms of development. Off-street
parking lots shall be satisfactorily screened and landscaped to minimize or
mitigate any adverse effects on surrounding uses.
These minimum parking standards will be related to the amount of traffic
generated by individual uses.
on-street parking discouraged
1.2.2
On-street parking will generally be discouraged except on Local Roads, and
where such on-street parking is eliminated as a result of road improvements.
The Municipality will encourage the provision of equivalent off-street parking
wherever feasible.
accessible to persons with disabilities
1.2.3
The Municipality will ensure the development of off-street parking facilities,
whether public or private, in such a manner as to be accessible to persons with
disabilities.
parking provided on same lot
1.2.4
Off-street parking, loading and truck storage facilities will generally be provided
on the same lot as the land use that the parking facilities serve.
cash in lieu
1.2.5
The Municipality may accept cash in lieu of parking spaces subject to the
following provisions:
a) Cash in lieu of parking will not be acceptable for operations that provide
short term accommodation (e.g. motels, bed and breakfasts).
b) Cash in lieu of parking will not be accepted for highway commercial
areas unless it is determined that adequate parking is provided through
communal parking areas (e.g. shared parking in plazas).
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c) Cash-in-lieu of parking is not required for exclusively internal
renovations to a property designated under Part IV of the Ontario
Heritage Act or to a character defining property designated under Part V
of the Ontario Heritage Act. Relief with respect to parking may be
required through a Planning Application.
1.3
Pedestrian and Bicycle Traffic
sidewalks and walkways
1.3.1
Adequate provision will be made for sidewalks and walkways to enhance the
convenience and safety of pedestrians and to provide opportunities for healthy
active lifestyles.
1.3.2
Sidewalks will generally be provided within Residential and Central Commercial
Areas along both sides of Arterial Roads and along at least one side of
Collector Roads and Local Roads, where warranted by vehicular or pedestrian
traffic volumes.
1.3.3
Facilities for the safe movement of pedestrians, including access and on-site
movement, will be provided in all new developments, including the
redevelopment of land.
1.3.4
Pedestrian walkways and sidewalks will be provided within residential
subdivisions to minimize walking distances between dwellings and schools,
parks, and local commercial uses.
1.3.5
Sidewalks will be separated from road pavement in all new residential
subdivisions.
bicycle ways
1.3.6
Bicycle ways within parks and between residential areas and schools, parks
and commercial facilities will be provided wherever feasible.
1.3.7
During most times of the year, the bicycle is a viable alternative to other modes
of transportation, is environmentally sound, and supports active, healthy
lifestyles. Wherever feasible, the Municipality will promote and initiate
improvements to enhance bicycling as a means of transportation.
lead by example
1.3.8
Where appropriate, the Municipality will provide accessible and sufficient bicycle
parking areas at municipally owned and operated facilities in order to promote
the use of the bicycle as an alternative to motor vehicles.
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1.4
Greenway Linkages and Active Lifestyles
Greenway Strategy
The Municipality will Facilitate an implementation plan and maintenance of
"greenway linkages" that is capable of inter-connecting urban activity with
natural features; heritage features; walkways, trails and corridors; community
facilities; and other public open space areas. Greenway Linkages can be active
or passive open spaces including recreational facilities, pathways, trails, and
other natural or man-made features which can be used to connect open spaces.
Natural Features are to be managed primarily for conservation purposes but
can be linked to recreational greenways. Recreational greenways are to be
designed for public enjoyment including parks, corridors, and community
facilities.
To identify potential greenway linkages the Municipality may implement a
Greenway Linkage Strategy plan which would outline:
-
A sustainable approach to the development of greenway linkages;
-
Linkages to natural features, heritage features, walkways, trails and
corridors, community facilities, and other public open space areas;
-
Designate bicycle trails, walkways and corridors for interconnecting
active and passive recreational activities;
-
Maintain the natural landscape on greenway linkages;
-
Ensure that parkway and greenway systems do not interfere with
habitats;
-
Provide an opportunity for public art throughout the Parks and
Greenways to help residents identify environmental and heritage
features;
-
Improve on an active healthy lifestyle for the community;
-
Provide opportunities to maximize vegetation and park space;
-
Create or promote economic activity;
-
Improving health through active living;
-
Cleaner air and water;
-
Protection from flood damage;
-
Enhance cultural awareness and community identity.
Community Benefits of Greenways
The benefits of greenway linkages to communities all relate to the health,
safety, and aesthetic value to the community. Greenways can be a catalyst in
revitalizing communities and improving overall quality of life.
site plan approval
Where site plan approval is required as a condition of any development being
undertaken, the proponent may be required to provide on-site elements to
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promote the use of active transportation. These elements may include, but are
not limited to, bicycle racks, benches and similar features."
1.4.1
Trails
The Municipality supports the development of an integrated trail system through
the following means:
a) Working with The County of Lambton to review the potential of
connecting natural heritage features where appropriate and more
broadly links within settlement areas;
b) Reviewing development proposals in partnership with The County of
Lambton to identify opportunities for trail development. Land dedication
for trail purposes may be a requirement of development approval.
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2.0
Public Uses and Utilities
2.1
General Policies
Except as provided for in Section 2.2, the following public services and facilities
are permitted in all land use categories, subject to the development policies of
this Plan:
a) transportation, communication, and electric power transmission
corridors, and associated facilities subject to applicable laws and
regulations under Province of Ontario Statutes;
b) water supply, sewage treatment, storm drainage facilities, and utility
services;
c) municipal government buildings and facilities;
d) the re-use of abandoned utility and/or transportation corridors for public
purposes;
e) public open space; and
f)
natural gas pipelines and accessory works.
2.2
Restrictions on Public Uses
compatibility with residential areas
2.2.1
In Residential Areas the public services and facilities listed in Section 2.1 will be
designed and constructed so that they are compatible with the surrounding
residential area.
agricultural land
2.2.2
a) Where public services and facilities are proposed on high capability
agricultural land (Canada Land Inventory Class 1 to 3), the need must
be documented, as must the reasons why lower capability or marginal
land cannot be used.
b) Consents for new utility corridors should not fragment agricultural land
parcels.
significant natural areas
2.2.3
a) The public services and facilities listed in Section 2.1 will be prohibited
in significant natural areas unless they are authorized under an
environmental assessment process, or subject to the Drainage Act.
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b) Where woodlot locations cannot be avoided, tree cover removed will be
replaced with twice the area of tree cover that is removed at a location
specified by affected landowner. The Municipality will work with the
County to ensure an appropriate location is selected.
c) The environmental policies of this Plan shall apply to the design,
construction, site restoration and maintenance of public utilities.
2.2.4
The Municipality will ensure that all municipal services meet the needs of
present and future residents and businesses in an efficient, accessible and
environmentally sensitive manner.
community gardens
2.2.5
Community gardens are permitted on all public lands where compatibility with
existing and planned uses is achieved. This policy shall be implemented
through the Zoning By-law.
2.3
Electric Power Facilities
electric power facilities permitted in any designation
All existing electric power facilities and the development of any new electric
power facilities that operate at 50 kilowatts and above, or facilities that
transform from above 50 kilowatts to less than 50 kilowatts including all works
as defined in The Power Corporation Act and succeeding legislation, (such as
transmission lines, transformer stations and distributing stations) will be
permitted in any land use designation without an amendment to the Plan
provided that such development satisfies the provisions of The Environmental
Assessment Act, including regulations made under the Act, and any other
relevant statutes. The electric power utility will be required to consult with the
Municipality regarding the location of new electric power facilities.
other electric facilities
2.3.2
Other electric power facilities including buildings, structures and uses not used
directly for the generation and supply of power, will comply with the provisions
of this Plan and the Zoning By-law.
2.3.3
The above policies do not preclude the Municipality's right to participate in
discussions on the location criteria of new electric power facilities.
secondary uses
2.3.4
Secondary land uses, which conform to this Plan and the Zoning By-law, will be
encouraged on the electric power utility lands where deemed by Council to be
compatible with adjacent land uses and by agreement with the electric power
utility.
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2.4
Gas Pipelines
a) Applications under the Ontario Heritage Act shall consider implications
to pipelines. The Municipality shall consult with the appropriate pipeline
provider on applications incorporating the National Energy Board and
Canadian Standard Association requirements. No permanent building
should be on or within 7m of a pipeline right of way.
b) Proponents of any development within 200 metres of a pipeline right of
way shall be encouraged to consult with the operator. Pipeline
operators will be circulated applications within 200 metres of a known
pipeline right of way.
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3.0
Municipal Services, Stormwater Management and Sensitive Land
Uses
Infrastructure is important in achieving a number of priorities for the
Municipality. Infrastructure policies will ensure that the Municipality:
a) Plans for growth;
b) Integrates a life cycle approach to municipal infrastructure to support
wise use of Municipal financial commitments;
c) Addresses the long term commitment to the Municipality's environment
through infrastructure planning;
d) Promotes water conservation;
e) Promotes health and safety of the Municipality, its residents, and the
natural environment; and,
f)
Addressing the changing climate.
3.1
Sanitary Sewerage
This section outlines the Municipality's requirements for sanitary sewage
collection, treatment and disposal systems.
3.1.1
Policies
municipal service area
3.1.1.1 All development within the sewer service area will be serviced by sewer
facilities. When development is proposed in the sewer service area and the
necessary lines are not yet installed, the developer will be responsible for the
provision of necessary extensions. The Municipality will pass a By-law pursuant
to the Municipal Act defining areas where sewer system connections are
mandatory.
special industrial servicing
3.1.1.2 Industrial Areas within the sewer service area may, at the discretion of the
Municipality in consultation with the Province, be permitted to develop on
individual services where specialized treatment related to industrial processes is
required. Council will pass a By-law outlining such services.
Dry industrial uses on private sewage systems will not be permitted in a
municipal sewer service area.
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reallocation of capacity
3.1.1.3 The Municipality may reallocate sewage capacity when the Municipality deems
that allocated sewage capacity is not being utilized by existing approved draft
plans of subdivision subject to the time period outlined in the draft approval.
Reallocation will occur only when the specified time limit has expired and no
appeal has been filed.
phasing of development
3.1.1.4 The Municipality will make no commitment or approve any development that
would cause the capacity of a sewage treatment plant to be exceeded. In
certain cases improvements to the sanitary sewer system and/or engineering
feasibility studies at the expense of the proponent may be required before
development may proceed. Such improvements may include the provision of a
new pumping station and/or sewer line extensions.
individual sanitary sewage treatment and disposal systems
3.1.1.5 New development, located outside the sewer service area and requiring
individual systems, will be permitted if the proposed site can accommodate an
individual sanitary sewage treatment and disposal system based on the
following criteria:
a) The lot area will comply with the requirements of the Province or its
designated agent and be large enough for the type of development
proposed and the system(s) to be used;
b) A Certificate of Approval for an individual sanitary sewage treatment
and disposal system is to be obtained;
c) The proponent of a development or expansion of any use obtains a
Certificate of Approval for the expansion or alteration of an existing
sewage system. No redevelopment or expansion should create or
aggravate a pollution problem; and,
d) The proposed system is consistent with the natural heritage policies of
this plan and the Source Water Protection Policies of this Plan.
Any development which is not serviced by full municipal services and is
proposed on communal, partial municipal or individual on-site systems must be
supported by studies which include, as a minimum, evaluations of soil
percolation rates, impacts on ground water resources, ground water mounding
and adjacent watercourses. Reserve areas for replacement septic systems will
be required when the mode of sewage servicing is individual private sewage
systems or communal systems. Where new multi-lot clusters are proposed,
proponents will be required to submit soils and hydrological studies completed
by qualified engineers or hydrogeologists with recognized experience in sewage
and potable water system designs.
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Limited new development within the sewer service area will also be permitted
on private sewage disposal systems, provided it is located in an area of the
Municipality where private services predominate, and a limited number of
undeveloped lots exist.
3.2
Water Service
This section outlines the Municipality's requirements for water supply systems.
3.2.1
Policies
municipal service area
3.2.1.1 All development within the water service area will be serviced by municipal
piped water facilities. When development is proposed in the water service area
and the necessary lines are not yet installed, the developer will be responsible
for the provision of necessary extensions. The Municipality will pass a By-law
pursuant to the Municipal Act defining areas where water system connections
are mandatory.
private water supply
3.2.1.2 Development may be permitted on private water systems, subject to proof that
water quality and quantity are adequate, where piped water is not available,
planned and an extension of services is not economically feasible.
industrial process use
3.2.1.3 The Municipality may serve industrial needs for process or cooling water from
the municipal system. As an option, industrial uses may provide their own
water supply system, subject to municipal approval and subject to the approval
of the Province.
high volume industrial users
3.2.1.4 High volume industrial users using the municipal water supply system may be
required to enter into an agreement with the Municipality whereby the industrial
user will provide its own system and cease use of the municipal system in the
event that the capacity taken by the industrial use is needed for other purposes,
subject to sufficient notice as defined in the agreement. Depending upon the
volume of groundwater or surface water required, a Permit To Take Water
under the Water Resources Act may be required. Any and all studies will be at
the proponent's expense.
3.2.1.5 new development
New subdivisions shall be serviced with looped water lines. The provision of
subdivision layouts that allow the looping of new waterlines shall be required
wherever possible.
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3.3
Storm Water Management
The traditional approach to managing stormwater has been to remove runoff
from parking lots, roads and lots as quickly as possible and channel it to nearby
watercourses through a system of subsurface drains. This approach has a
number of drawbacks including water pollution, excessive loading of sewage
treatment plants where storm sewers connect with sanitary sewers, lowered
water tables, erosion and increased dependence upon costly public drainage
works infrastructure.
The current direction in managing stormwater is to utilize the natural absorption
and infiltration qualities of the ground to induce ground water recharge and to
filter out various impurities. The principles of natural stormwater management
fit into the larger concept of watershed and sub-watershed planning.
The Municipality will consider programs, regulations and new technology that
enhance the natural ability of the environment to reduce the rate of stormwater
runoff, and to improve the quality of stormwater conveyed to watercourses.
3.3.1
POLICIES
3.3.1.1 Planning for stormwater management shall:
a) Be integrated with planning for water and wastewater;
b) Address the changing climate;
c) Promote water conservation and efficiency;
d) Support the use of green infrastructure;
e) Promote a healthier natural environment including water quantity and
quality
f)
Ensure financial viability of stormwater infrastructure.
retention and detention
3.3.1.2 Development proponents will be encouraged to employ Best Management
Practices as the preferred strategy for the management of stormwater. The
following methods should be encouraged:
a) The use of greenspace for detention/retention ponds;
b) The integration of detention/retention ponds into the municipal open
space system;
c) The use of cisterns or drywells on site which capture water for non-
potable uses (lawn watering, car washing);
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d) The use of infiltration trenches;
e) Processes such as man-made wetlands and permeable surfaces to
absorb and distribute stormwater and recharge groundwater;
f)
The use of oil grit separators; and,
g) Minimizing the impact of large impervious surfaces through pervious
surface treatments, landscaping, and other on-site design and
management practices.
management principles
3.3.1.3 In order to achieve no overall increase in the peak level and volume of
stormwater runoff, all new development will be required to provide suitable site
grading and outlet facilities for storm drainage. Development will be guided by
the following principles:
a) the flow of water resulting from a stormwater facility(s) is not to create or
contribute to an erosion problem and/or water quality impairment;
b) a stormwater facility is not to contribute to a drainage problem on other
lands where such lands are intended to be developed, utilized for
agricultural purposes or utilized for active recreational open space;
c) stormwater facility is to be designed in accordance with accepted
engineering standards;
d) a stormwater facility is not to adversely affect the hydrology of
environmentally sensitive areas;
e) the Municipality may consult the local Conservation Authority, and the
Province when considering all multiple land severances and plans of
subdivision; and
f)
storm water management facilities require the issuance of a certificate
of approval under the Ontario Water Resources Act.
separation of stormwater from sanitary sewers
3.3.1.4 The Municipality will encourage the separation of stormwater inflow and
infiltration from municipal sanitary wastewater flows. The Municipality will also
initiate the disconnection of rooftop leaders from sanitary sewers and eliminate
other factors that add stormwater to sewers.
municipal and agricultural drains
3.3.1.5 The principles of natural channel design will be utilized in the construction or
rehabilitation of drains. This may include the following:
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a) grassed slopes and other forms of plantings, or other suitable erosion
control methods should be introduced and maintained on the banks of
drains to add to the stability of the drainage channel;
b) tile outlets should be constructed to minimize erosion along
watercourses;
c) tree planting or other buffer measures should be installed where
appropriate to act as a windbreak, protect drain banks, and to restrict
cultivation near drain banks;
d) ponding areas should be incorporated in drains to reduce the speed and
volume of flow, to act as settling areas for water borne particulates, to
enhance evaporation and to serve as water storage areas.
3.3.1.6 limiting costs
The Municipality recognizes the potentially high cost of stormwater
management in terms of engineering and construction fees and the barrier this
can be to the establishment or expansion of small businesses and institutions.
The Municipality may determine no need for stormwater management
measures for minor extensions of buildings, parking areas, or other hard
surfaces, or on small sites where the ability to provide retention does not
exist. The Municipality may accept non-engineered control measures that will
obviously address quality and/or quantity control adequately and produce no
adverse effects on neighbouring properties or watercourses. Such
determinations shall be at the discretion of the municipal engineer and, if the
engineer deems necessary, in consultation with the Conservation Authority.
3.4
Land Use Compatibility
The proposed use of all land in the Municipality must be compatible with
adjacent land uses, having regard for the Provincial Land Use and Compatibility
Guidelines. Residential areas and other sensitive uses, such as hospitals and
nursing homes, will be protected from undesirable air quality, excessive noise
and vibration, and excessive dust and odour through the policies of the Plan
and the use of Site Plan Control. Developers may be required to carry out
noise, dust, odour and/or vibration assessments and determine control
measures that are satisfactory to the Municipality and the Province.
3.4.1
Where appropriate, consideration may be given by the Municipality, at the
Municipality's sole discretion, to the use of the Class 4 area classification, as
provided for in the applicable Provincial environmental noise guideline (currently
MECP Environmental Noise Guideline NPC-300) for a residential site (or sites).
The area (or sites) to be affected must be approved by Council or the relevant
approval authority.
The use of Class 4 will only be considered by Council where it can be
demonstrated that:
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a) the development proposal is for a new noise sensitive land use in
proximity to an existing, lawfully established stationary noise source;
b) the development proposal for a new noise sensitive use does not impair
the long-term viability and operation of an employment use;
c) it is in the strategic interest of the Municipality, furthers the objectives of
the Official Plan and supports community building goals; and,
d) all possible measures of noise attenuation have been assessed for both
the proposed development site and the stationary noise source,
including, but not limited to, building design and siting options for the
proposed new noise sensitive use;
Notwithstanding the above, the use of Class 4 will receive more favourable
consideration if the stationary noise source is a temporary situation and it is
expected that the stationary noise source will be removed through future
development.
If Council supports the use of Class 4 for an area or site proposed for a new
sensitive land use, proponents for noise sensitive land uses proposed in a
Class 4 area shall, at a minimum, ensure that the following are addressed:
a) Appropriate noise impact assessments are conducted to verify that the
applicable sound level limits will be met;
b) Noise control measures are completed or in place, including receptor
and source-based measures, as may be required to ensure compliance
with the applicable sound level limits at the new noise sensitive land
use;
c) Enter into appropriate agreements with the Municipality (and any other
relevant approval agencies), to confirm all relevant requirements have
been met; and,
d) Registration on title of any recommended noise mitigation measures,
including appropriate noise warning clauses to notify prospective
purchasers that applicable Class 4 (as per Guideline NPC-300) area
sound level limits for the affected dwelling are protective of indoor areas
and are based on the assumption of closed windows.
3.5
Decommissioning
Where a change in land use is proposed and the previous or existing use has
the potential to cause environmental contamination, the site will be restored as
necessary prior to any activity on the site associated with the proposed use
such that there will be no adverse effect. Adverse effects include one or more
of the following: impairment of the quality of the natural environment for any use
that can be made of it; injury or damage to property or plant and animal life;
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harm or material discomfort to any person; an adverse effect on the health of
any person; impairment of the safety of any person; rendering any property or
plant or animal life unfit for use by humans; loss of enjoyment of normal use of
property; and interference with normal conduct of business.
3.6
Waste Management Systems
definition
3.6.1
Waste Management Systems include sites and facilities to accommodate solid
waste from one or more municipalities and includes landfill sites, recycling
facilities, transfer stations, processing sites and hazardous waste depots.
development on or in vicinity
Schedule "A" identifies the location of all known active and former waste
disposal sites (as of the date of approval of this Plan). Any new development,
or change of use, on or within 500 metres of the perimeter of an active or closed
waste disposal site (located in this or an adjoining Municipality) will be subject to
consultation with the Province before any Zoning By-law, Zoning By-law
amendment, official plan amendment or other Ontario Heritage Act approval is
adopted or granted for such lands. A study may be required to be undertaken
by a qualified professional that evaluates the presence and effect of
environmental contaminants including but not necessarily limited to methane
gas and leachate. The study will address the feasibility of mitigation measures
if required. If it is found that a potential adverse effect or potential risk to health
and safety does exist, development may be restricted and/or refused. Where
development or change of use is proposed on a waste site, no Zoning By-law,
Zoning By-law amendment, official plan amendment or other Ontario Heritage
Act approval will be adopted or granted until approval from the Province is
obtained in accordance with Section 46 of the Environmental Protection Act, if
not more than 25 years has lapsed since the land ceased to be so used for
waste disposal purposes.
3.7
Sewage Lagoons
buffer
New residential developments and other sensitive land uses will not be
permitted within 100 metres of any existing sewage lagoons within the
Municipality or an adjoining Municipality, in order to provide an odour buffer.
3.8
Public Utilities
underground lines required
3.8.1
Underground utilities, including electric power lines and telephone lines, will be
required in all new developments within Residential Areas. In other areas
underground utilities will be required, where feasible.
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3.8.2
With the approval of the local utility authorities, both public and private, all
overhead wiring will be encouraged to be re-installed underground.
multiple uses of rights-of-way
3.8.3
The Municipality will encourage the multiple use of electric power utility rights-
of-way to accommodate drainage or service corridors, parking areas, parkland,
agricultural operations and natural gas, oil and petrochemical pipelines, in
accordance with the land use policies and designations of this Plan.
3.8.4
Natural gas, oil and petrochemical commercial delivery pipelines will be
installed within existing rights-of-way wherever feasible and practical.
3.8.5
Wherever possible, 'easements' should be used to accommodate new utility
corridors rather than creating new separate and distinct lots.
3.9
Telecommunication Towers and Protocol
Limited non-agricultural infrastructure activities are appropriate (e.g. utility or
telecommunication towers) in the agriculture designation. The Municipality shall
request a public consultation regarding such applications and the zoning by-law
may include regulations. The Municipality must be consulted in the process of
seeking approval from Industry Canada for the installation.
public consultation
The Municipality may provide guidance to the Proponent regarding the public
consultation process, including Providing direction to the Proponent regarding
the format to be used for notices for the open house and a mailing list of parties
to be notified. Provide direction respecting an appropriate location for the open
house. Typically, the municipal office will be used. Make recommendations
based on the public consultation process and discussions with the Proponent.
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4.0
Alternative and Renewable Energy Systems
The approval authority for alternative and renewable energy systems, including
wind turbines and solar panel projects rests with the Province of Ontario. The
municipality encourages the Province to undertake municipal and public
consultation prior to approving such projects to ensure matters such as local
concerns, land use compatibility and environmental impacts are appropriately
addressed.
The Municipality is committed to the wise and efficient use of energy and the
establishment of green energy sources that will protect the interests of future
generations of citizens, such as alternative energy systems and renewable
energy systems. The benefits that may be realized from using such systems
should be balanced with a consideration for their compatibility with the natural
environment and surrounding land uses.
4.1
General
a) Energy that is produced by a renewable energy system will generally be
preferred over conventional forms of energy production, subject to
potential negative impacts being mitigated.
b) The Municipality will encourage proposals for alternative energy
systems and renewable energy systems at appropriate scales in
accordance with provincial and federal requirements, which are
compatible with surrounding existing and proposed land uses and the
environment
c) Green energy systems and/or renewable energy systems will be subject
to studies to demonstrate, to the satisfaction of the Municipality, how
potential adverse effects, on existing or proposed development with
regard to the natural heritage system, noise, dust, vibration, plume, air
quality, cultural heritage resources, views and vistas, shadows, land use
compatibility, public health and safety, risk, and soils stability and water
quality and quantity will be mitigated.
d) All alternative and renewable energy projects shall only be permitted by
a rezoning approved by Council. Projects approved by a rezoning shall
also be subject to Site Plan Control.
e) Provincial policy promotes alternative and renewable energy systems;
there are also challenges to increase alternative and renewable energy
reliability and cost-effectiveness.
f)
Wind Energy Conversion systems, commonly known as Wind Turbines,
convert wind energy into electricity that can supply the electrical grid or
be stored in batteries for use on site. Wind Turbines can range in size
from small units with rotor diameters as small as 1m producing a few
watts of electricity for use on site to units supplying all of a residence's
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or business's electricity needs or to commercial units with tower heights
and rotor diameters in excess of 100m supplying electricity to hundreds
of homes.
land use compatibility
g) Alternative and renewable energy projects present unique land use
compatibility concerns. Due to their prominence, alternative and
renewable energy projects have the potential to significantly impact,
even define, the character of a community. Site locations and site
layouts must recognize the primary nature of existing land uses within
the municipality and must limit impacts to agricultural uses, sensitive
neighbouring uses, visual landscape, the natural environment and
potential uses on neighbouring properties.
h) In order to preserve and maintain residential land supply and to prevent
land use conflicts and development constraints, alternative and
renewable energy projects are strongly discouraged from locating in
designated residential areas.
potential local benefits
i)
The main benefits the Municipality anticipates from alternative and
renewable energy in the Municipality are land rent to farmers from
commercial companies, off-set electricity costs for turbine owners,
potential for community support from commercial alternative and
renewable energy companies, business opportunities for locally formed
co-ops, and tax base. Local landowners are encouraged to form co-
operatives.
alternative and renewable energy - community responsibilities
j)
As a highly visible land use making use of local wind and solar potential,
the municipality expects that developers will be good corporate citizens
and create a net benefit in the community such that the presence of
alternative and renewable energy projects will generally be viewed as
an asset to the community.
k) The municipality expects the Province, through the renewable energy
approval process, to require developers to use the highest level of
cooperation, consideration and communication with the Municipality,
host property owners and neighbours in general proximity to an
alternative and renewable energy project during all phases of the
development and operational process.
l)
The Province is encouraged to require alternative and renewable
energy operators to enter into a community commitment agreement with
the Municipality. The Municipality shall use the received fees pursuant
to this agreement for the overall benefit and amenity of community
projects and/or services.
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m) In addition, developers should be required to undertake all infrastructure
improvements that are necessitated in connection with a project.
4.1.2
Implementation
consultation
a) Prior to implementation of an alternative and renewable energy project,
it is encouraged that the Municipality is consulted in order to identify
issues and address local concerns.
meteorological towers
b) Meteorological towers shall be placed in areas where a wind turbine
could meet provincial requirements or where tower collapse can occur
within property lines.
4.1.3
Individual Project Assessment
a) The Municipality may develop standard development agreement
requirements for the provision of securities in relation to road repairs,
site decommissioning, and the provision of such securities as the
Municipality requires from alternative and renewable energy operators
for these purposes.
alternative and renewable energy project consultation considerations
b) In assessing an alternative energy projects, proponents and the
Municipality shall take into consideration:
i.
Potential noise from turbines and also humming of any substations
or power lines.
ii.
Impacts to agriculture including drainage, soil conservation and
productivity, number of acres taken out of production, and field
fragmentation.
iii.
Visual impact including lighting, colouring, blade glint, shadow
flicker, overshadowing and impacts on natural landscapes and
general visual amenity.
iv.
Location of utility lines and any associated utility buildings,
substations, etc., and landscaping and screening of same.
v.
Impacts to the natural environment including but not limited to
migration routes, significant natural areas, new waterway
crossings, geotechnical concerns.
vi.
Whether utilities should be buried or overhead, and impacts on
watercourse crossings of utility lines and access roads.
vii.
Impacts to cultural and built heritage, archaeological resources
and recreational areas.
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viii.
Impacts to local infrastructure through delivery, construction and
operation of the project.
ix.
Site safety including falling ice, tower collapse, fencing, guy wires
markings and climbing prevention.
x.
Aircraft safety and impacts to private air strips.
xi.
Potential electromagnetic interference to communications
infrastructure.
xii.
Other issues that may become apparent with maturation of the
wind energy industry.
required submissions
4.1.4
The Municipality may request that the Province require a proponent for a
commercial alternative and renewable energy project to determine or provide
the following for the Municipality's review:
a) Copies of any documentation or background studies associated with
any Environmental Assessment or Environmental Screening process.
b) Such background reports as may be needed to determine potential
impacts and possible mitigation measures associated with any of the
concerns listed in Section 4.1.3, including but not limited to
environmental evaluations, geotechnical studies, visual impact
assessments, environmental impact studies, archaeological
assessments, environmental screening report, and noise studies.
c) An environmental management plan including, in particular, site
decommissioning and rehabilitation plans, and such securities and the
Municipality requires from alternative and renewable energy operators
for this purpose.
d) An emergency response plan, construction plan, icing protocol, dispute
resolution protocol, and roads agreement; all to the Municipality's
satisfaction.
e) Specifications of products and materials (i.e. make, model, rated output,
hub height, rotor diameter, foundation details, noise emission
certification, etc.) and ancillary infrastructure.
f)
Details regarding electric infrastructure including location of utility lines
within property, extent of upgrades and/or confirmation of grid capacity.
g) Site layout including tower placement, pads for erecting tower,
servicing, ground level lighting, fencing, landscaping, storage, access
roads, easements, site grading and details regarding same.
h) Proposed duration of project.
i)
The extent of lands where the developer has land options.
j)
Locations, setbacks, use and heights of all structures, private airstrips
and communication and other towers within 500m of the project site.
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k) Location of natural heritage features including woodlots, surface water,
wetlands, and migratory routes.
l)
For turbines with a total height exceeding 45m, Transport Canada's
requirements for lighting, colour and marking prior to turbine erection.
m) Conservation Authority approval of any culverts, structures, utilities,
placing or removal of fill within areas designated as "Hazard and
Environmental Protection".
aesthetic guidelines
4.1.5
The following policies shall be used as general aesthetic guidelines for larger
alternative and renewable energy projects, and also to improve public familiarity
with alternative and renewable energy:
a) Alternative and renewable energy proponents shall work to use colours,
lighting and design that soften visual impact;
b) Where lighting or colouring that the Municipality considers unduly
adverse to the visual amenity of the community is required as aircraft
safety markings, towers should be prohibited or limited in height;
c) Open arrays are encouraged rather than densely packed developments;
d) Wind turbines in a particular area should all have similar rotor
diameters, have similar blade, tower and nacelle shapes, have the
same number of blades, rotate in the same direction and be either all
up-wind or all-down-wind models;
e) Tower heights in an area should be uniform unless staggered
intentionally for aesthetic reasons;
f)
Locations for public access and information signs, kiosks or visitor's
centres should be provided and fencing and warning signs should be
limited;
g) Advertising should be prohibited on wind turbine towers excepting
subtle manufacturer's logos;
h) Access roads should be kept as inconspicuous as possible and/or
reduced in standard following construction;
i)
Facilities on the ground should use motion sensor lighting;
j)
On-site power lines should generally be buried;
k) Attention should be given to the building materials and design used for
accessory buildings;
l)
In order to have turbines spinning as often as possible, turbines with
lower cut-in wind speeds are encouraged and site plan agreements
shall contain provisions that encourage minimized down-time; and,
m) Development agreements should provide for keeping turbines and
surrounding grounds clean.
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4.2
District Energy
a) The Municipality supports district energy systems as an efficient method
of supplying heating, cooling and electricity to buildings.
4.3
Wind Energy
a) Large scale wind turbines shall be directed to lands within Prime
Agricultural and Rural Area designations in order to reduce the potential
for land use conflicts in Settlement Areas.
b) Small scale wind turbines may be permitted in all land use
designations.
c) Wind turbines of all sized will be encouraged subject to confirmation
that the supporting structure is capable of bearing the weight.
4.4
Solar Energy
a) Ground mounted solar renewable energy facilities of up to 10 kilowatts
are permitted in prime agricultural areas as an on-farm diversified use.
Facilities in excess of 10 kilowatts shall not be located in prime
agricultural areas.
b) Small scale solar panels that provide electricity for use on the same
property will be considered accessory uses.
c) Roof mounted solar generating facilities of all sizes will be encouraged
subject to confirmation that the supporting structure is capable of
bearing the weight.
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PART D: COMMUNITY DEVELOPMENT
1.0
Cultural Heritage
Cultural Heritage resources include archaeological resources, built heritage
resources and cultural heritage landscapes. More specifically:
a) Archaeological resources: includes artifacts, archaeological sites,
marine archaeological sites, as defined under the Ontario Heritage Act.
b) Built heritage resource: means a building, structure, monument,
installation or any manufactured or constructed part or remnant that
contributes to a property's cultural heritage value or interest as identified
by a community, including an Indigenous community.
c) Cultural heritage landscape: means a defined geographical area that
may have been modified by human activity and is identified as having
cultural heritage value or interest by a community, including an
Indigenous community. The area may include features such as
buildings, structures, spaces, views, archaeological sites or natural
elements that are valued together for their interrelationship, meaning or
association.
Significant built heritage and cultural heritage landscapes are those that have
been determined to have cultural heritage value or interest, through any of the
following means:
a) Designation under Parts IV or V of the Ontario Heritage Act; or
b) Protected through official plan, zoning by-law, or other land use
planning mechanisms.
Cultural Heritage resources provide physical and cultural links to the original
settlement of the area and to specific periods or events in the development of
the Municipality. These cultural heritage resources, both individually and
collectively, contribute to the identity of the Municipality. They also assist in
instilling civic pride, benefiting the local economy by attracting visitors, and
favourably influencing the decisions of those contemplating new investment or
residence in the Municipality.
Cultural Heritage resources may be threatened by neglect, obsolescence,
redevelopment, and the lack of financial means necessary for protection or
rehabilitation. The policies of this Plan, in conjunction with the provisions of the
Ontario Heritage Act, provide the framework for the protection and
enhancement of the Municipality's heritage resources.
The Municipality recognizes the importance of its cultural heritage resources.
Cultural heritage resources include archaeological resources; buildings and
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structural remains of historical, architectural and contextual value; and rural,
village and urban districts or cultural landscapes of historic interest.
1.1
Policies
The Municipality recognizes the value of preserving significant historical
buildings and sites of cultural/historical merit. Council may consider the
establishment of a Municipal Heritage Committee to consult on issues related to
cultural heritage resources and conservation.
conservation of built heritage resources and cultural heritage landscapes
1.1.1
The Municipality will seek to conserve cultural heritage landscapes and built
heritage resources when making development and infrastructure decisions
which may affect those resources. As well, the Ontario Heritage Act may be
utilized to conserve significant cultural heritage resources through the
designation of individual properties or areas, and the designation of a group or
groups of properties as Heritage Conservation Districts. The Municipality will
engage with Indigenous communities and consider their interests when
identifying, protecting and managing cultural heritage and archaeological
resources.
1.1.2
Brooke-Alvinston will prepare and maintain comprehensive inventories of
significant heritage resources, including significant built heritage and cultural
heritage landscapes, as a basic tool for identifying and conserving these
resources.
1.1.3
Brooke-Alvinston will designate properties that meet criteria for determining
Cultural Heritage Value or Interest (O. Reg 9/06) under the Ontario Heritage
Act. While it is the intent of the municipality to work collaboratively with
landowners in conserving properties of Cultural Heritage Value or Interest, there
may be instances in which landowners may not consent to the designation of
their respective property. Council will act in the public interest to conserve and
designate properties of Cultural Heritage Value or Interest despite objections by
their owners.
1.1.4
If Brooke-Alvinston intends to designate a property to be of cultural heritage
value or interest, the Clerk shall issue notice of intention to designate in
accordance with requirements and limitations established under the Ontario
Heritage Act.
1.1.5
Any Planning Application related to lands designated or within 50 metres of
lands designated under the Ontario Heritage Act shall be accompanied by a
Heritage Impact Assessment. The Heritage Impact Assessment shall be
prepared by a qualified heritage professional in accordance with technical
guidance included in the Ontario Heritage Toolkit.
1.1.6
If a property has not been designated under the Ontario Heritage Act but has
been included in the Municipal Register, the owner of the property shall not
demolish or remove a building or structure on the property or permit the
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demolition or removal of the building or structure unless the owner gives
Council at least 60 days' notice in writing of the Owner's intention to demolish or
remove the building or structure or to permit the demolition or removal of the
building or structure. Notice to demolish a building or structure on the Municipal
Register shall be accompanied by such plans and information that the Council
may require to make a decision on the matter, and may include but not be
limited to:
a) primary and secondary research, visual inspection, and evaluation
against prescribed criteria for determining Cultural Heritage Value or
Interest prepared by a qualified heritage consultant (Ontario Regulation
9/06), and
b) architectural plans pertaining to the replacement building or structure.
If following a request for demolition, a property has been found to meet
prescribed criteria for determining Cultural Heritage Value or Interest (Ontario
Regulation 9/06), the Council of Brooke-Alvinston may issue notice of intention
to designate the property, thereby, causing the request for demolition to be void.
1.1.7
An evaluation against prescribed criteria for determining Cultural Heritage Value
or Interest prepared by a qualified heritage consultant (Ontario Regulation
9/06), shall accompany a Planning Application that pertains to a property listed
on the Municipal Register. If the property has been found to meet prescribed
criteria, the proponent shall provide a Heritage Impact Assessment, prepared by
a qualified heritage professional, in support of the Planning Application in
accordance with technical guidance included in the Ontario Heritage Toolkit.
1.1.8
A Conservation Plan may be required in accordance with recommendations
contained within a Heritage Impact Assessment, to be provided as a condition
of approval of a Planning Application detailing how a cultural heritage resources
can be conserved. The Conservation Plan shall be prepared by a qualified
heritage professional in accordance with technical guidance included in the
Ontario Heritage Toolkit. The recommendations of the Conservation Plan
should include descriptions of repairs, stabilization and preservation activities as
well as long term conservation, monitoring and maintenance measures. Brooke-
Alvinston may enter into a development agreement to ensure the
implementation of recommendations included in a Conservation Plan.
incorporation of heritage structures
1.1.9
The Municipality will encourage proponents to incorporate heritage structures in
new development or redevelopment. Where feasible, proponents will be
encouraged to incorporate design elements in new development that link
developments with existing heritage structures.
1.1.10 In reviewing proposals for the construction, demolition, or removal of buildings
and structures or the alteration of existing buildings, the Municipality shall be
guided by the following general principles where there is potential to impact any
cultural heritage resources:
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a) The Municipality shall encourage the adaptive reuse of heritage
properties. Any permitted redevelopment shall ensure, where possible,
that the original building fabric and architectural features are retained,
repaired, or restored rather than replaced.
b) New additions and features should be no higher than the existing
building and wherever possible be placed to the rear of the building or
set back substantially from the principal façade.
c) New construction and/or infilling should be compatible with surrounding
buildings and streetscapes by being of the same height, width and
orientation as adjacent buildings; being of similar setback; and using
similarly proportioned windows, doors, and roof shape.
1.1.11 Brooke-Alvinston may develop financial incentive programs and other efforts
that promote private investment in preserving physical cultural heritage
(archaeological, built heritage, and cultural heritage landscapes) resources and
in improving cultural nodes.
archaeological potential
1.1.12 The approval of developments will include the conservation of sites with a
significant degree of archaeological potential.
The Municipality may seek to protect significant archaeological resources
through the zoning By-law provisions set out in the Ontario Heritage Act.
1.1.13 Consistent with the PPS, development, site alteration, including construction of
infrastructure and public service facilities on lands containing archaeological
resources or areas of archaeological potential, including marine archaeological
sites, are permitted only if the significant archaeological resources have been
conserved in a manner that ensures their cultural heritage value or interest is
retained. This shall be achieved by the implementation of recommendations set
out in an archaeological assessment. To address development impacts on an
archaeological site with a level of cultural heritage value or interest that has
been determined to require mitigation, there are two approaches for mitigation
of development impacts:
a) avoidance and protection; or,
b) excavation.
Avoidance and protection preserves archaeological sites intact. It is the
preferred option for the mitigation of impacts to archaeological sites. Avoidance
and protection are most viable when the cultural heritage value or interest of the
archaeological site is determined early in the planning stages of the
development, when plans are most flexible.
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1.1.14 Archaeological consultants must be licensed by the Ministry of Tourism, Culture
and Sport, under the Ontario Heritage Act, and follow Technical Guidelines
issued by the Ministry for completing archaeological assessments. Completed
as part of the land use planning and development or environmental assessment
approval process, an archaeological assessment must be accepted by the
Ministry of Tourism, Culture and Sport.
1.1.15 Development requiring an Official Plan and/or Zoning By-law Amendment,
Subdivision/Condominium approval or Site Plan Approval, and all new/improved
infrastructure and public service facilities, if located on lands with
Archaeological Potential, per Ministry of Tourism, Culture and Sport Screening
Criteria for Evaluating Archaeological Potential, shall be required to complete an
Archaeological Assessment prior to such development.
1.1.16 An archaeological assessment, may be required as part of a Planning
Application. Applicants are encouraged to prepare archaeological assessments
early in the planning stages of the development, when plans are most flexible,
particularly as such studies may deem it appropriate to conserve through
avoidance and protection measures.
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2.0
Amenity and Design
buffering and screening
2.1
In order to minimize the negative effects of conflicting land uses and forms of
development, buffering and/or screening will be provided in all areas and for all
uses wherever such conflicts may be created.
2.2
The Municipality's Zoning By-law, site plan agreements and other special
agreements will control and/or guide new development and will ensure that
adequate buffering and/or screening is provided wherever required.
noxious uses
2.3
All land uses and transportation facilities that may be noxious due to noise,
visual characteristics, vibration, dust or odours will be physically separated from
Residential Areas wherever possible. The Municipality will be satisfied that prior
to approving any development that may be incompatible with adjacent uses
appropriate steps have been or will be taken to reduce any land use conflicts to
a tolerable level, or to eliminate them entirely.
2.4
Buffering and/or screening will be provided by the developer where a new
Residential area is developed adjacent to any other land use designation except
for Major Open Space Areas and Natural Heritage System.
2.5
The provision of buffering and/or screening may include any combination of the
following:
a) The separation of uses and/or buildings by means of greater-than-
normal setbacks;
b) Restrictions on outside storage of goods, materials or equipment;
c) Restrictions on parking facilities;
d) Restrictions on loading facilities in industrial or commercial areas;
e) Restrictions on the location and type of outdoor lighting equipment,
including the direction of illumination;
f)
The installation of fences, walls and earth berms to create a visual
barrier; and
g) Vegetative screens and other forms of landscaping.
high density residential
2.6
The design and siting of high-density residential development will minimize
potential negative effects on all other types of dwellings.
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noise guidelines
2.7
The appropriate Provincial noise guideline standards will be maintained for all
new development within or adjacent to Residential Areas.
2.8
Council may require that applications for residential uses adjacent to Controlled
Access Provincial Highways and Major facilities, as defined in the Provincial
Policy Statement, be supported by a Noise and Vibration Impact Study,
prepared in accordance with normal accepted standards, which will include the
following:
a) A description of the proposed development, including plans;
b) Physical site characteristics, including elevations and contours;
c) A statement of noise measurement techniques and methodologies
used;
d) The results of noise measurement and prediction studies for the site,
during both daytime and night-time;
e) The extent to which noise levels throughout the site vary from accepted
noise level standards, as set by the Province from time to time;
f)
Noise attenuation measures to be installed to reduce excess noise
levels; and
g) Noise level prediction results anticipated after attenuation measures are
installed, for both daytime and night-time.
2.9
No new residential development adjacent to controlled Access Provincial
Highways and Major facilities, as defined in the Provincial Policy Statement, will
be permitted unless predicted post-development noise levels are at or below the
levels acceptable to the Province. However the Municipality may approve
development and require that notice be given to prospective purchasers and
tenants where predicted noise levels exceed maximum acceptable Provincial
levels.
Class 4 Designations for new residential uses
2.10
Notwithstanding Policy 2.3, and consistent with Policies 2.7 and 2.9, where
adequate physical separation of Residential uses and areas is not possible,
consideration may be given to approving a Class 4 designation for new
residential land uses, as provided for in MECP Environmental Noise Guideline
NPC-300. Further reference shall be made to Part C Section 3.4 of this Plan
where additional policies are provided to guide relevant Class 4 designations.
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3.0
Urban Design
high quality design
3.1
The following policies shall apply, as appropriate, to all development requiring a
Ontario Heritage Act approval within the Settlement Areas. Additional policies
for certain areas of the Municipality are contained within the appropriate
sections of this Plan containing the land use designations.
safety
3.2
Personal safety for individuals shall be provided in new development through
the provision of:
a) Appropriate lighting, visibility and opportunities for public surveillance for
parking lots, walkways, parking garages and open space area;
b) Unobstructed views into parks and open spaces from adjoining streets;
c) Design and siting of new buildings shall provide opportunities for visual
overlook and ease of public access to adjacent streets, parks and open
space;
d) Views into and out of publicly accessible buildings shall be encouraged;
and,
e) Landscaping that maintains views for safety and surveillance.
barrier-free access
3.3
a) Barrier-free access for persons using walking or mobility aids shall be
provided in all public and publicly accessible buildings and facilities and
along major pedestrian routes, in compliance with the Accessibility for
Ontarians with Disabilities Act (AODA) and with reference to the
Integrated Accessibility Standards Regulation (IASR). Such barrier-free
access features may include level surfaces, ramps and curb cuts,
railings, automatic door openers and rest areas.
b) Barrier-free features shall be integrated with the functional and design
components of the site and/or buildings
streetscapes
3.4
a) An integrated design and treatment of streetscape features shall be
promoted throughout the settlement areas in the Municipality.
Specialized streetscape designs and treatments may be adopted for
particular areas of the Municipality.
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b) Streetscape features and sustainable design elements located within
public rights-of-way, such as lighting fixtures, directional and street
signs, parking meters, transit shelters, above ground infrastructure,
signage and street furniture shall be complementary in their design and
located in an integrated manner, so as to avoid visual clutter.
c) Planned road reconstruction shall include improvements to the existing
streetscape consistent with the policies of this Plan, any Council-
adopted urban design guidelines, downtown revitalization plans and
other similarly adopted Council guidelines.
building design
3.5
a) The design of new buildings should achieve a complementary design
relationship to existing buildings, while accommodating a diversity of
architectural styles, building materials and colours, energy conservation
techniques and innovative built forms.
b) The design of all buildings shall implement pedestrian safety and should
provide direct street access.
c) The Municipality will encourage the recessed placement of garages and
discourage the protrusion of garages on residential buildings into the
front yard, beyond the main front building wall. Other options for garage
placement which deemphasize their appearance on the street are
encouraged. In addition, the width of private driveways accessing
private garages shall be controlled to ensure that there is an appropriate
relationship between pavement and landscaping in the yards where the
driveway is located. Such a relationship shall also take into account the
desire to maximize the infiltration of rainwater. These policies shall be
implemented through the Zoning By-law.
d) Building entrances shall be located to be visible from the adjoining
street(s) and, where possible, directly linked to the sidewalks through
appropriately articulated walkways.
e) Building functions that do not directly serve the public, such as loading
areas, shall not face a public street and should be located away from
noise sensitive land uses, such as residential areas, and buffered, as
necessary.
f)
Buildings should employ devices such as awnings, canopies, building
cantilevers/overhangs to generally improve the level of pedestrian
comfort. Sheltered building entrances should be provided at primary
building entrances to multi-storey residential, public, recreational,
industrial, office and commercial buildings, where necessary.
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g) When a development is located adjacent to existing, or planned
residential areas, sufficient building setbacks should be provided to
minimize potential height and massing impacts such as overlook and
shadowing.
h) Buildings should be massed to be architecturally articulated to provide
visual variety and interest. Generally, building articulation features such
as canopies, cornice lines and varying façade materials should be used
to reinforce a pedestrian scale, and generous front porches are
encouraged for residential built forms.
i)
Building massing should reinforce a continuous street wall frontage
located close to the front property line to recognize pedestrian scale and
provide an appropriate street wall height at the street line.
j)
Buildings on corner lots shall be located in close proximity to the street
rights of way. Corner lots should emphasize their important community
presence by employing appropriate strategies for major landscape
treatments as well as building massing and articulation that emphasize
the corner condition.
k) Any permitted redevelopment shall ensure, where possible, that the
original building fabric and architectural features are retained, repaired,
or restored rather than replaced. New construction and/or infilling
should be compatible with surrounding buildings and streetscapes by
being generally of the same height, width and orientation as adjacent
buildings; being of similar setback; and using similarly proportioned
windows, doors, and roof shape;
l)
Exterior signs should be uniform in appearance, in terms of location,
size, shape, materials and colours to encourage design quality.
site design
3.6
a) Site design incorporates the built form of structures, landscaping,
services and the layout of all amenities. Site design shall consider the
relationships between the public realm, adjacent land uses, on-site
operations and visual aesthetics, in order to promote an environment
that is pleasant and attractive to the community.
b) Site design shall consider how to maximize the compatibility between
adjacent land uses through appropriate site layout, building locations
and landscape treatments.
c) The design of sites adjacent to parks, woodlots and watercourses shall
be sensitive to these features. In these instances, appropriate setbacks
shall be maintained between buildings and sensitive natural areas,
while on-site landscaping shall be well integrated with natural areas.
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d) Continuous, highly visible, well-articulated and landscaped connections
between building(s) and the street should be provided to establish
appropriate pedestrian linkages between the sidewalk and building
entrances.
e) Along collector and arterial roads within the Settlement Areas, reverse
frontage residential lots shall be minimized through techniques such as
window streets and where reverse frontage lots are provided, shall
incorporate a substantial landscape buffer to improve the visual amenity
of such areas.
f)
On large sites, pedestrian linkages between uses and adjacent sites
should be provided.
landscaping
3.7
a) Landscaping is a major contributor to a vibrant streetscape. A high
quality of landscape design shall be required to enhance the visual
aesthetics of development and to enhance the site and land use
compatibility.
b) Landscaping within private lands shall be complementary to streetscape
design and materials within the public realm.
c) Where appropriate, planted landscaping strips and fencing shall be
used to buffer development from adjacent uses and mitigate on-site
operational activities such as loading and waste storage facilities.
d) Landscape materials shall be selected for their aesthetic, ecological,
disease-tolerance and maintenance characteristics.
e) Hard and soft landscaping shall be used for the spaces between the
street line and buildings to enhance the streetscape, as well as provide
a buffering function when on-site parking is placed close to the street or
close to adjacent land uses and properties.
f)
Vehicular entrances often present opportunities for landscaping that
highlight entry points into the site. Therefore, appropriate landscaping
shall be provided on either side of driveway entrances, particularly at
the main entrances. The use of berms along public street frontages
shall generally be avoided due to their tendency to isolate buildings
from the street.
g) The presence of significant trees on a development site shall be
determined through a tree survey and, where appropriate, preserved,
maintained and integrated into the new landscape design of the site.
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parking
3.8
a) The location of parking is a major determinant for the layout of a
development that is pedestrian friendly and accessible. Where
appropriate, the Municipality should require the provision of surface
parking areas in locations not visible from the public street, such as in
rear yards and/or well-landscaped side yards.
b) Where surface parking areas are situated adjacent to a public street in
the front yard, their layout should be subdivided into smaller areas to
avoid large monotonous asphalt surfaces. In these cases, a certain
percentage of the frontage should be reserved for landscaping between
the buildings and the street line. The parking areas may be partially
buffered and/or screened from the street using landscaping, tree
planting, pedestrian facilities, lighting, fencing and/or other landscape
elements in order to enhance the visual aesthetics of, and pedestrian
activity within, such parking areas.
c) Clearly defined pedestrian accesses between parking and adjacent
buildings and entrances should be provided with well-delineated
walkways.
d) Surface parking lots shall be linked to the streets and other public areas
with well-delineated walkways.
access and circulation
3.9
a) To enhance the vibrancy of the streets, joint vehicular access points into
sites shall be considered on adjacent sites.
b) To ensure pedestrian safety and promote their priority over vehicular
traffic, major pedestrian routes on the site should be identified and
delineated from the driving surfaces. Pedestrian walkways should be
made continuous across driving aisles as well as across driveway
entrances at the street. The use of soft landscaping is also encouraged
along major pedestrian routes.
commercial and industrial areas
3.10
a) It is the intent of this Plan to improve the vibrancy, aesthetics and
connectivity of all commercial and employment areas in the
Municipality. The approval of any development pursuant to the Ontario
Heritage Act shall address the following:
i.
Improvements to the aesthetics and function of the public realm
(roads, parks, and sidewalks) will occur as a condition of
development, or will be made possible as a result of the
development, as appropriate;
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ii.
The siting, scale and massing of buildings contributes to a safe
and attractive pedestrian environment and streetscape;
iii.
Parking facilities are designed to not dominate the streetscape;
and,
iv.
Landscaping is used to buffer adjacent uses and improve the
overall aesthetics of the development.
b) All new development requiring approval under the Ontario Heritage Act
shall conform to the urban design policies of this Official Plan as
appropriate.
design for new neighbourhoods
3.11
a) The following design principles apply to the development of new
neighbourhoods through Plans of Subdivision or Condominium within
the Municipality's Settlement Areas, in accordance with the policies of
this Official Plan:
i.
Residential development shall include a combination of housing
types, with a range of densities that implement the housing
objectives and policies of this Plan;
ii.
High-density housing shall be located on Arterial and Collector
Roads to facilitate the establishment of multi-modal facilities and a
pedestrian-oriented environment;
iii.
New development areas shall be integrated with existing
neighbourhoods;
iv.
New subdivision streets should generally align in a grid pattern to
create appropriately sized development blocks and to promote
active transportation permeability and connectivity;
v.
New blocks shall be designed with lengths that are generally less
than 250 metres to support active transportation;
vi.
The development of reverse frontage residential lots shall be
minimized and where reverse frontage lots are provided, shall
incorporate a substantial landscape buffer to improve the visual
amenity of such areas;
vii.
Open space and parks shall integrate with adjacent development
areas and provide a range of active and passive recreational
opportunities;
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viii.
New buildings shall be designed and oriented to the street and to
street corners to encourage a pedestrian-oriented streetscape;
and,
ix.
Where appropriate, employment lands shall be buffered from
residential development by a variety of measures such as roads,
landscaping, natural heritage areas, and parkland and community
facilities.
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4.0
Energy Conservation
4.1
Energy conservation will be promoted through the orientation and massing of
buildings for solar gain, building retrofit, use of vegetation for cooling or warmth,
by considering alternative development standards and by considering
alternative energy sources in the design and development of individual projects
and of the community as a whole.
renewable energy
4.1.1
The Municipality encourages the effective use of energy resources and
encourages the development and the maintenance of renewable energy
sources where appropriate. Alternative and renewable energy systems will be
regulated through the implementing Zoning By-Law in a manner that minimizes
their impact on the visual and environmental features of the Municipality.
For policies addressing Climate Change, reference should be made to Sections
addressing:
a) Stormwater Management Policies (Part C: Section 3)
b) Green Energy Policies (Part C: Section 4)
c) Housing Density Policies (Part B: Section 2)
d) Parking and Bicycle Policies (Part C: Section 1)
e) Natural Heritage Policies (Part B: Section 8)
subdivision design
4.1.2
The Municipality will encourage the use of alternative energy sources, and the
use of landscaping, design features and building orientation to reduce energy
costs in the design of new facilities. Such measures as the solar orientation of
new lots will be encouraged.
Subdivisions with predominantly east/west road orientations are encouraged in
order to allow solar heating through south-facing windows in winter. Such a
layout also permits planting deciduous trees to the south of houses and
evergreens to the north to provide shade in summer and a wind break in winter.
4.1.3
electric vehicle charging station
4.1.3.1 The Municipality supports provision of electric vehicle charging stations in
publicly and privately-owned parking lots.
4.1.3.2 The Municipality may establish, through the Comprehensive Zoning By-law,
appropriate provisions related to electric vehicle charging stations.
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5.0
Community Improvement Policies
The entire Official Plan deals with various aspects of community improvement,
however, the policies of this Section are designed to assist the Municipality in
the identification and prioritization of Community Improvement Areas (CIA) and
Projects, subject to available resources.
The entire Municipality will be designated as a Community Improvement Area.
Within the Municipality individual Community Improvement Project (CIP) Areas
may be identified and prioritized. Criteria for selecting and designating these
project areas are outlined.
The Municipality may participate in partnerships with Business Improvement
Areas, Community Development Corporations, Economic Development
agencies, or other community groups to support the revitalization or
redevelopment of neighbourhoods or 'Brownfield's' or other community
improvement initiatives.
5.1
Objectives
The objectives in this section address the general aims of this Plan, as well as
specific aspects of community improvement. It is the objective of this section to
outline a basis for selecting and defining community improvement areas.
general objectives
For all areas, it is the intent of the Municipality:
a) to contribute to an enhanced sense of community in the Municipality;
b) to upgrade and improve municipal infrastructure where it is deficient;
c) to enhance social and recreational facilities;
d) to aid in fulfilling the potential of commercial districts in the Municipality;
e) to enhance the economic potential of the Municipality in order to foster
employment generating activity;
f)
Identify and promote opportunities for intensification and redevelopment
within Brownfield sites;
g) Promote energy efficient standards for all uses within a Community
Improvement Plan;
h) To provide sufficient lands for employment uses to provide opportunities
and options for a variety of employment;
i)
To protect and preserve employment areas for current and future uses;
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j)
To attract, retain, and facilitate cultural activity and to preserve physical
culture and heritage assets; and,
k) To encourage Infilling on vacant lots, on 'Brownfield's', or on
underutilized land.
objectives for residential areas
5.1.1 In residential areas the Municipality intends:
a) to maintain and rehabilitate older neighbourhoods;
b) to upgrade and enhance hard municipal services in older
neighbourhoods;
c) to provide for the special housing needs of senior citizens, low income
families, and the persons with physical and/or emotional disabilities;
and,
d) to provide improved neighbourhood and residentially oriented
recreational facilities.
objectives for commercial districts
5.1.2 In commercial areas the Municipality intends:
a) to enhance their role as community centres;
b) to encourage redevelopment, intensification and revitalization;
c) to upgrade and improve municipal infrastructure where deficient;
d) to enhance the commercial streetscape for improved aesthetics,
commercial attractiveness, and to foster and improve pedestrian
circulation systems;
e) to foster links to areas of recreational and community activities;
f)
to foster better organization and availability of municipal or shared
parking areas;
g) to encourage appropriate forms of residential development; and
h) to eliminate land use conflicts.
mixed commercial/industrial areas
5.1.3 In industrial and mixed/commercial industrial areas the Municipality intends:
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a) to encourage appropriate development and redevelopment to facilitate
economic activity;
b) to eliminate land use conflicts; and,
c) to upgrade access and servicing to industrial lands where deficient.
objectives for brownfield redevelopment
5.1.4
a) to promote the rehabilitation, revitalization and reuse of Brownfield
through the promotion of grants or loans to owners of Brownfield's in
order to assist in the cost of cleanup and redevelopment.
b) to participate in partnerships with Business Improvement Areas,
Community Development Corporations, Economic Development
agencies, or other community groups to support revitalization or
redevelopment of Brownfield's.
5.2
Community Improvement Criteria
In order to achieve the objectives previously listed, a set of criteria for choosing
community improvement projects and delineating potential community
improvement project areas follow.
general criteria
5.2.1 The following are considered to be candidates for community improvement
projects:
a) areas where land use conflicts exist;
b) areas which require upgrading or replacement of road surfaces, sewer
or water systems, storm water management systems, streetlighting or
sidewalks;
c) areas where social or recreational facilities are deficient; and,
d) areas where environmental or natural heritage preservation and
conservation are deficient.
criteria for residential project areas
5.2.2
In addition to the General Criteria the following criteria should be utilized to
define a Residential Project Area:
a) areas of older housing stock in need of renovation or redevelopment;
b) areas where special housing needs can be provided or accommodated;
and,
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c) areas where neighbourhood and other residentially oriented social and
recreational facilities are deficient.
criteria for commercial districts
5.2.3
In addition to the General Criteria the following criteria should be utilized to
define a Commercial Project Area:
a) areas where an active Business Improvement Association is operating;
b) areas where streetscape improvements are needed;
c) areas where the provision or improvement of links, particularly
pedestrian linkages, to areas of recreational and community activities; is
feasible;
d) areas of under-utilized commercial buildings;
e) areas where specific works are required to facilitate desired
redevelopment; and,
f)
areas where land use conflict exist.
criteria for industrial areas
5.2.4
In addition to the General Criteria the following criteria should be utilized to
define an Industrial Project Area:
a) areas where land use conflicts exist;
b) areas where property access is poor;
c) areas where storm water management system is deficient; and
d) areas where access, or sewer and/or water system improvements are
needed.
5.3
Potential Public Land Acquisition
The following lands may be acquired by the Municipality for community
improvement purposes:
a) lands for neighbourhood, community parks, or environmental protection
areas;
b) lands needed for purposes of facilitating commercial land assembly, or
to provide links and connections to public open space;
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c) residential lots in an industrial designation to facilitate industrial land
assembly; and,
d) Actual acquisition will depend on financial resources, and whether
circumstances warrant acquisition when it is specifically considered.
This policy does not represent a commitment to acquire the lands so
mentioned, nor does it limit the ability of the Municipality to acquire
lands in other locations for community improvement or other purposes.
5.4
Implementation
The following policies outline various methods of implementing the Community
Improvement Policies.
5.4.1
Designation of Community Improvement Project Area
a) Pursuant to the Ontario Heritage Act, the Municipality may designate by
By-law the whole or any part of an area delineated as a potential
Community Improvement Area as a Community Improvement Project
Area for the purpose of preparing a Community Improvement Plan.
b) The Municipality may acquire and hold land within the Community
Improvement Project Area and clear, grade, or otherwise prepare the
land for community improvement.
c) Once a Community Improvement Plan has been prepared, the
Municipality may construct, repair, rehabilitate or improve buildings on
land acquired or held by it in the Community Improvement Project Area
in conformity with the Community Improvement Plan, and sell, lease or
otherwise dispose of land acquired or held by the Municipality in the
Community Improvement Project Area to any persons or governmental
agency for use in conformity with the Community Improvement Plan.
d) For the purpose of carrying out the Community Improvement Plan, the
Municipality may make grants or loans to property owners within the
Community Improvement Project Area to pay for the whole or part of the
cost of rehabilitating their properties in conformity with the Community
Improvement Plan.
5.4.2
Monitoring
The Municipality will continue to monitor the effectiveness of its existing
Community Improvement Plan initiatives and may see fit to prepare a progress
report where necessary.
5.4.3
Joint Studies and Development
Pursuant to the Ontario Heritage Act, the Municipality may enter into
agreements with any governmental authority or agency, or with one or more
other municipalities for the carrying out of studies and the preparation and
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implementation of plans and programmes for the development or improvement
of the Municipality. Any agreement other than an agreement with one or more
municipalities will be approved by the Minister of Municipal Affairs.
5.4.4
Property Standards By-law
In order to ensure the proper repair and maintenance of buildings in the
Municipality, the Council may adopt a By-law pursuant to the Ontario Heritage
Act, for the following:
a) for prescribing standards for maintenance and occupancy of property
within the Municipality and for prohibiting the occupancy or use of such
property that does not conform with the standards prescribed.
b) for requiring property that does not conform with the standards to be
repaired and maintained to conform with the standards or for the site to
be cleared of all buildings, structures, debris or refuse and left in a
graded and levelled condition.
c) for prohibiting the removal from any premises of any sign, notice or
placard placed thereon pursuant to the property standards By-law.
d) The Municipality may, by By-law, provide for the making of grants or
loans to property owners to pay for the whole or any part of the cost of
the repairs required to be done, or of the clearing, grading and levelling
of the lands required to bring a property into conformity with the
property standards By-law.
5.4.5
Demolition Control Areas
In order to encourage the preservation of historic and/or architecturally
significant buildings, the Municipality may pass a By-law to designate any area
within the Municipality to which a Property Standards By-law applies as an area
of demolition control. Thereafter, no person shall demolish the whole or any
part of any residential property in such area unless a demolition permit is issued
by Council.
5.4.6
Cultural and Natural Heritage
In addition to the other measures described in this Plan, the Municipality may
make use of programs under the Ontario Heritage Act to support the
preservation of historic buildings. The Municipality shall ensure that Community
Improvement Plans and programs will encourage the preservation,
rehabilitation, renewal, and reuse of heritage resources.
In addition to the other measures described in this Plan, the Municipality may
make use of and work with the various programs from senior government to
support the preservation and conservation of natural heritage. Programs
administered by the Provincial or Federal government will be considered.
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5.4.7
Community Benefits Charge
In order to provide some flexibility in the provision of the Zoning By-law which
implements this Official Plan, and thus help implement the policies of this
section, the Municipality may pass a By-law pursuant to the Ontario Heritage
Act, to address Community Benefits requirements for new development.
5.4.8
Co-operation with Community Groups
Local service clubs and organizations can be of great assistance in providing or
assisting to provide needed or desired community facilities. Council will actively
co-operate with groups seeking to provide such facilities, and will ensure that
appropriate recognition is provided.
Examples of such facilities that have been provided by such groups in the
Municipality and elsewhere includes neighbourhood and community parks,
street furniture in commercial areas, library quarters, fire halls, and monuments.
Of equal importance are efforts made to organize special events, fall fairs,
festivals and promotions.
The Municipality may facilitate the creation of local business associations. The
County will support the Municipality in the designation of Business and
Community Improvement Areas and in the formulation and implementation of
Community Improvement Plans.
The CIP must be led by local stakeholders and have the formal commitment of
the Municipality's Council and all major stakeholders such as the local service
clubs. Representation from local service clubs, a senior municipal staff person,
and all other stakeholders is required in all consultations and committees. A
municipal staff person may serve as CIP coordinator. Organizers must
assemble all relevant policies and regulations affecting the commercial area. No
further steps of CIP development shall commence until all components of the
organizational structure are established.
5.4.9
Use of Public Funding Programmes
The Municipality may make use of Federal and Provincial cost-sharing, funding
or incentive programmes in order to achieve desired community improvements.
5.4.10 The Municipality must conduct an initial community assessment of strengths,
weaknesses, opportunities, and threats and continually re-assess by survey.
The CIP must develop a brand by identifying what makes the CIA or broader
community unique or how it can differentiate itself from other communities or
regions. The brand must work with the regional identity.
5.4.11 The CIP must define its end goal. To be a destination community, the CIP must
have capacity to provide primary activities in the CIA or broader community in
proportion to how far visitors are expected to travel. Primary activities must be
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things visitors cannot get closer to home. Alternatively, a community may plan
to be a support community, capturing traffic en route to another destination.
5.4.12 The CIP must develop one- and five-year action plans towards its goal,
identifying problems and opportunities to be tackled one at a time, in order.
Action plans must be reviewed and updated regularly.
5.4.13 The CIP must develop marketing plans and/or community design standards for
improvements within the CIA. These must implement the branding and action
plans and support common themes, key messages, and even color schemes.
Design themes could be marketing or physical improvement oriented.
5.4.14 Municipal investments in the CIA must conform to the brand, action plans, and
community design standards established by the CIP and may include one or
more of:
a) capital expenditures to core visitor attractions within the CIA and
broader community;
b) incentive programs/grants for storefront signage, community gateway
signage, interpretive plaques, kiosks, façade improvements, awnings,
street furniture, decorations, lighting, seasonal decorations, and
anything else consistent with branding and action plans; and,
c) advertising, promotional materials/ packages, and mapping of
businesses, core attractions, and non-gated public attractions.
5.4.15 Site plan approvals shall require that new development be consistent with the
CIP's branding, action plan, and community design standards.
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6.0
Signs
In order to help promote a high standard of design, to help protect the amenity
of the Municipality, and to help avoid unsafe conditions for motorists, the
Municipality may prohibit or regulate signs and other advertising devices under
a By-law passed pursuant to the Municipal Act.
New signage shall conform to the urban design policies regarding its
appearance and location in Part D Section 3 of this Plan.
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7.0
Property Maintenance
It will be the policy of the Municipality to keep in a fit and well maintained
condition all municipally owned structures and properties.
In addition, in order to protect the health, safety and welfare of general
population, and to enhance the community's physical character, the Municipality
may pursuant to the Ontario Heritage Act, pass a By-law to:
a) prescribe standards for the maintenance and occupancy of property
within the Municipality or within any defined area or areas and for
prohibiting the occupancy or use of such property that does not conform
to the standards;
b) require property that does not conform to the standards to be repaired
and maintained to conform to the standards or for the site to be cleared
of all buildings, structures, debris or refuse and left in a graded and
levelled condition; and,
c) prohibit the removal from any premises of any sign, notice or placard
placed thereon pursuant to this section or a By-law passed under the
authority of this section.
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8.0
Home Businesses
Home businesses, which includes home occupations, home industries and bed
& breakfast establishments, have and will continue to emerge as alternate
employment sources as a result of changing technological, demographic and
economic conditions. They are recognized as a valuable component of the
economy provided that environmental and natural resources, including
agricultural lands, are not threatened. The residential and/or agricultural
character and function of the lot and surrounding land use activities must not be
impaired by activities related to any home business.
Home businesses will be encouraged to promote improved employment
opportunities; reduced employer/employee costs related to transportation, office
costs, clothing and child care expenses; more efficiencies of land, housing and
transportation resources; incubators for small businesses which are significant
creators of new jobs; enhancement of tourism; and improved access to
services.
Farm based home businesses tend to be more industrial in nature and are often
related to farm operations. They are important sources of supplemental income
for farmers.
The Municipality encourages home businesses in urban and Agricultural areas.
The Municipality will incorporate provisions into the comprehensive Zoning By-
Law to permit home businesses and will distinguish between rural and urban
home businesses with respect to definitions, permitted zones and performance
standards. Performance standards will address issues related to maximum
allowable floor space, control of emissions including noise, outside storage,
signage and parking.
This Plan recognizes that the majority of economic growth and job creation is
likely to come through expansion of existing business and industry, local
entrepreneurialism, and local innovation.
8.1
Home-based work is an important component of the local economy that shall be
encouraged as a source of local entrepreneurialism and business incubation.
Brooke-Alvinston will ensure that land use policies and regulations including this
Official Plan and Zoning By-laws will enable residents to operate appropriate,
subsidiary businesses from their homes and farms within reasonable guidelines.
Home occupations must not unduly impact the character and amenity of
residential areas and uses. Zoning provisions will be established to mitigate
potential impacts to adjacent uses.
8.2
Brooke-Alvinston supports the creation of local business associations. Brooke-
Alvinston may designate Business and Community Improvement Areas and
implement one or more Community Improvement Plans to support
entrepreneurship and innovation.
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8.3
Brooke-Alvinston will develop strategies for assisting home occupations that
outgrow residential neighbourhoods to find appropriate locations for their
expanded activities.
8.4
Brooke-Alvinston will continue to support the improvement of the economic
base of Agricultural Areas, including on-farm diversified uses and agriculture-
related uses through the implementation of local policies and Zoning By-laws
that grow the agricultural sector, with the goal being to protect and improve
economic and employment spin-off benefits. Such local policies and Zoning By-
laws will provide for:
a) forms of agriculture that provides more employment on a per acre basis;
b) identification and exploitation of non-traditional, non-local, and niche
markets;
c) on-farm and local processing and/or retail of agricultural products and
by-products;
d) promotion of unique local foods;
e) stronger linkages between local food producers and major local food
distributors and consumers within settlements, including restaurants;
f)
agri-tourism; and,
g) on-farm economic diversification.
Brooke-Alvinston supports the diversification of local agricultural crops and
value-Add processing. Brooke-Alvinston supports policies that strengthen
linkages between local food producers, distributors, and major consumers like
restaurants and institutions.
8.5
Brooke-Alvinston will develop strategies for assisting farm-based secondary
uses that outgrow agricultural areas to find appropriate locations for their
expanded activities.
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9.0
Economic Development
The Municipality will support community economic development initiatives and
consider innovative activities or land uses which:
a) promote sustainable economic development;
b) protect and enhance the natural environment; and,
c) are compatible with surrounding land uses.
The municipality in co-operation with the County, and economic development
agencies, shall monitor the location, type and characteristics of business and
the supply of serviced lands for new business. The Municipality may participate
in inter-municipal co-operative efforts in connection with the location of new
business, recognizing that the economic benefits of new business contribute to
the entire region.
9.1
Promoting Economic Development and Competitiveness
9.1.1
Brooke-Alvinston will promote economic development and competitiveness by:
a) providing for an appropriate mix and range of employment, institutional,
and broader mixed uses to meet long-term needs;
b) providing opportunities for a diversified economic base, including
maintaining a range and choice of suitable sites for employment uses
which support a wide range of economic activities and ancillary uses,
and take into account the needs of existing and future businesses;
c) facilitating the conditions for economic investment by identifying
strategic sites for investment, monitoring the availability and suitability of
employment sites, including market-ready sites, and seeking to address
potential barriers to investment;
d) encouraging compact, mixed-use development that incorporates
compatible employment uses to support liveable and resilient
communities; and ensuring the necessary infrastructure is provided to
support current and projected needs.
9.2
Long-Term Economic Prosperity
9.2.1
Long-term economic prosperity will be supported by:
a) promoting opportunities for economic development and community
investment-readiness;
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b) encouraging residential uses to respond to dynamic market-based
needs and provide necessary housing supply and range of housing
options for a diverse workforce;
c) optimizing the long-term availability and use of land, resources,
infrastructure and public service facilities;
d) maintaining and, where possible, enhancing the vitality and viability of
downtowns and mainstreets;
e) encouraging a sense of place, by promoting well-designed built form
and cultural planning, and by conserving features that help define
character, including built heritage resources and cultural heritage
landscapes;
f)
promoting the redevelopment of brownfield sites;
g) providing for an efficient, cost-effective, reliable multimodal
transportation system that is integrated with adjacent systems and
those of other jurisdictions, and is appropriate to address projected
needs to support the movement of goods and people;
h) providing opportunities for sustainable tourism development;
i)
sustaining and enhancing the viability of the agricultural system through
protecting agricultural resources, minimizing land use conflicts,
providing opportunities to support local food, and maintaining and
improving the agrifood network;
j)
promoting energy conservation and providing opportunities for
increased energy supply;
k) minimizing negative impacts from a changing climate and considering
the ecological benefits provided by nature; and,
l)
encouraging efficient and coordinated communications and
telecommunications infrastructure.
9.3
Policies for Encouraging Economic Growth
9.3.1 Brooke-Alvinston will organize its assets and efforts around the County's
competitive advantages, assets, and emerging opportunities. The Municipality
will seek to attract and create the resources, assets, and people (including the
knowledge and intellectual capital) that best position the Municipality to exploit
its competitive advantages, assets, and emerging opportunities.
9.3.2 Brooke-Alvinston will work with the Sarnia-Lambton Economic Partnership to
achieve its mission. The Sarnia-Lambton Economic Partnership (SLEP) is the
lead economic development organization for the County. It will identify and
strengthen economic resources, work to attract industry, and promote economic
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Part D: Community Development
incentives. It will provide direction, leadership, and support to community-based
economic development in conformity with the economic goals and strategies of
this Plan. SLEP will facilitate the joint efforts of business, education, labour,
First Nations, and local government as primary partners in problem solving and
foraging for new opportunities in a way that establishes common vision and
priorities, reduces duplication, eliminates silos, and leverages existing
community resources and expertise. SLEP shall conduct ongoing performance
measurement.
9.3.3 Brooke-Alvinston will continue to work with the County and SLEP to identify and
support new market segments locally.
9.3.4 Brooke-Alvinston will work with the County to ensure that the physical needs of
business are addressed, which includes ensuring that:
a) a diversity of zoned and serviced sites are available to support a range
of industrial and service activities;
b) urban communities and employment areas are adequately served by
telecommunication facilities; and,
c) industrial areas, including industrial and business parks, are well
designed and have a high level of available amenities, including access
to major transportation routes that are attractive to new investors.
9.3.5 Brooke-Alvinston promotes the maintenance and improvement of modern
infrastructure systems including roads, railways, airports, harbours, bus
services, pipelines, and telecommunications networks to service existing and
future employment centres. Brooke-Alvinston further supports the expansion of
the linkages between such infrastructure to strengthen the movement of people,
as well as the trading of goods and services.
9.3.6 Brooke-Alvinston will encourage the creation, development, and support of
technologies as necessary infrastructure for economic development, and as a
means to expand the economic resource base.
9.3.7 Brooke-Alvinston encourages the provision of high quality and high-speed
telecommunications throughout the Municipality, particularly cellular and
internet services.
9.3.8 Brooke-Alvinston encourages the development, redevelopment, repurposing,
rehabilitation, and/or remediation of underused downtowns, mainstreets, and
commercial districts; resource extraction areas; former institutional, industrial,
and commercial sites; and brownfield sites and contaminated sites. Brooke-
Alvinston will include guidelines for development of such sites as necessary it
its Official Plans and may choose to develop incentive programs that encourage
rehabilitation or remediation.
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9.4
Supporting a Green Economy
9.4.1
This Plan acknowledges the need for economic development to proceed in a
way that natural resources, such as air, soil, and water are available for human
and environmental health in the long term. This Plan advocates however for the
formulation and application of environmental policies in a reasonable way that
recognizes an equal balance between environment, society, culture, and
economy.
9.4.2 Brooke-Alvinston will pursue opportunities such as manufacturing and
consulting in association with the development of renewable and alternative
energy production. Renewable and alternative energy generation will be
supported in appropriate locations when deemed socially and economically
sustainable and where imposing no burden to local infrastructure.
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Part E: Implementation
PART E: IMPLEMENTATION
1.0
Official Plan
1.1
Official Plan Review
In accordance with the Ontario Heritage Act, a special meeting of Council, open
to the public, will be held at least once every ten years for the purpose of
determining the need for a comprehensive review of policies and land use
designations of this Plan, to ensure that it accurately reflects the changing needs
and circumstances in the Municipality.
a) The ten-year review shall consist of an assessment of:
i.
County growth allocations and the degree to which such
allocations are being achieved;
ii.
The effectiveness of the Plan in protecting water quality, heritage
resources, natural resources and habitat and the general
environment within the Municipality;
iii.
The continuing relevance of the vision that forms the basis of all
policies found in this Plan;
iv.
The degree to which the objectives of this Plan have been met;
v.
The amount and location of lands available for
urban development;
vi.
Whether the Municipality has realized a desirable balance of
commercial and industrial assessment in relation to
residential assessment;
vii.
The Municipality's role within the County and its relationship with
other municipalities;
viii.
Development trends in the County and their effect on development
in the Municipality; and,
ix.
Matters which are necessary to address to ensure consistency
with or conformity to County and Provincial Plans and policy
documents.
b) The County of Lambton is responsible for determining settlement area
boundaries and is the approval authority for boundary expansion.
Settlement area expansion is not necessary to accommodate the future
growth anticipated during the time horizon of this Official Plan. In the
event that a settlement area expansion is contemplated, settlement
boundary expansions shall only occur through co-ordinated Local and
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Part E: Implementation
County amendments as part of a municipal comprehensive review that
reflects the County market area, growth projections, allocations and
intensification targets set by the County and where:
i.
Sufficient opportunities for growth are not available through
intensification, redevelopment and Greenfield development in
designated settlement area lands to accommodate projected
needs within the regional market area and within the Municipality;
ii.
The expansion makes available sufficient lands for a time horizon
not exceeding 25 years based on the analysis outlined above;
iii.
Existing or planned infrastructure and public service facilities
required to accommodate the proposed expansion over the long
term can be provided in a financially and environmentally
sustainable manner and protect public health and safety;
iv.
In prime agricultural areas:
1. The lands do not comprise specially crop areas;
2. There are no reasonable alternatives; and,
3. There are no reasonable alternatives on lower priority
agricultural lands in prime agricultural areas.
v.
Impacts from the proposed expansion on adjacent agricultural
operations close to the Settlement Area can be mitigated to the
extent feasible including compliance with the Minimum Distance
Separation formulate;
vi.
The loss of mineral aggregate extraction opportunities is
minimized;
vii.
Potential negative environmental impacts are mitigated including
addressing the source of drinking water as outlined in this Plan,
the Source Water Protection Plan, and the County of Lambton
Official Plan;
viii.
In determining the most appropriate location for expansions, the
policies of this Plan and the County of Lambton Official Plan shall
be applied; and,
ix.
The timing of the expansion and the phasing of the development
within the proposed expansion area would not adversely affect the
achievement of any intensification and redevelopment.
c) Lands located within the Industrial and Mixed Commercial/Industrial
designations shall not be redesignated or rezoned to any other non-
employment land use, except with the support of a Municipal
Comprehensive Review prepared and supported by the Municipality and
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Part E: Implementation
County. In undertaking a Municipal Comprehensive Review, it shall be
demonstrated that:
i.
There is a need for the conversion;
ii.
The Municipality will meet the employment forecasts articulated in
the County of Lambton Official Plan;
iii.
The conversion will not adversely affect the overall viability of the
employment area and the achievement of intensification or density
targets or other policies of this Plan;
iv.
There is existing or planned infrastructure to accommodate the
proposed use; The lands are not required over the long term for
employment purposes for which they are designated; and,
v.
Cross-jurisdictional issues have been considered.
1.2
Official Plan Amendments
Amendments to this Plan may be proposed from time to time. Council will
consider such amendments provided that:
a) the original intent and purpose of the Plan is not radically altered;
b) the amendment is needed and can be justified in light of accepted
planning principles; and
c) adequate and full participation of the general public in the deliberations
on the merits of the amendment are undertaken.
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Part E: Implementation
2.0
Zoning By-laws
The Zoning By-law is the major legal document that implements the policies of
the Official Plan by regulating the use, location, density and design of
development in the Municipality. All lawfully existing uses that comply with the
provisions of this Plan may be recognized in the implementing Zoning By-law.
The land use and development policies of this Plan will be implemented for the
most part by a Zoning By-law.
The Zoning By-law may limit the number of units that may be contained in a
converted dwelling and specify minimum requirements for lot area, frontage,
and gross floor area for the dwelling to be converted, and minimum gross floor
area for the units to be created
To maintain the external compatibility of the dwelling, the Zoning By-law may
also limit the extent of structural additions or changes that would be permitted
for a converted dwelling/building.
Zoning By-law provisions are intended to ensure that infill housing projects
recognize the scale of adjacent land uses and enhance the compatibility of the
area.
2.1
Holding Zones
Council may place certain lands in a holding ('H' or 'h') zone in conjunction with
any zoning category under the Ontario Heritage Act. This procedure will enable
the Municipality to phase the actual development of these lands until such time
as the lands are required for the proposed use. During "holding periods"
necessary concept plans, subdivision plans or development agreements may
be prepared and/or plans for municipal services, roads and community facilities
may be created.
The holding ('H' or 'h') symbol will be removed by By-law passed pursuant to the
Ontario Heritage Act. Although notice will be given by Council when a holding
symbol is to be removed, there can be no objection or referral to the Ontario
Land Tribunal. However, should Council refuse to pass an amending By-law to
remove the holding symbol if it is felt the development is premature due to
demand or failure to meet a requirement of this Plan, the applicant may appeal
the decision to the Ontario Land Tribunal in the normal manner.
Until the holding ('H' or 'h') symbol is removed, the implementing Zoning By-law
will permit existing uses, buildings and structures, in the interim period.
The Zoning By-law may contain Holding provisions which will be used where it
is necessary to zone lands for development where the future land use has been
sufficiently justified but where there are outstanding matters which cannot be
handled through zoning and more specifically identified as:
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a) Water, wastewater and/or storm water servicing requirements;
b) Road improvements or extensions;
c) Dedication of lands for park purposes or payment of cash-in-lieu for
park land dedication;
d) Verification of suitable environmental site conditions;
e) Special land use policies, including but not limited to policies to guide
redevelopment or certain lands and/or policies to guide appropriate
urban design;
f)
Phasing of development; or,
g) An Environmental Impact Study which determines specific measures to
prevent impact on natural heritage features.
2.2
Conditional Zoning
a) In accordance with Section 34 of the Ontario Heritage Act, Council may,
through a zoning amendment, impose one or more conditions on the
use, erection or location of lands and/or buildings and structures that
shall be fulfilled subsequent to approval of the amendment and must be
fulfilled prior to the issuance of a building permit for development.
Conditions that shall be imposed through a zoning by-law amendment
shall be consistent with prescribed Provincial regulations and may
include: a requirement to implement measures identified through the
zoning amendment review, the provision of services and infrastructure
and the protection of natural resources, built environments,
sustainability, energy efficiency, and public health and safety.
b) Council shall require the owner of land subject to a zoning amendment
to enter into an agreement to implement, maintain and/or enforce a
condition of zoning approval or to provide a time limit for completion of
such conditions. The agreement will be registered on title against the
lands and will be enforced against the present and subsequent owners.
c) Proposed changes to conditions subsequent to the decision of Council
shall require a further zoning amendment.
2.3
Temporary Use By-laws
The Council may, in a By-law passed pursuant to the Ontario Heritage Act,
authorize the temporary use of lands, buildings or structures for any purpose set
out therein that is otherwise prohibited by the By-law. A By-law authorizing a
temporary use will define the area to which it applies and the period for which it
shall be in effect, not to exceed three years from the date of passing of the By-
law (ten years in the case of garden suites). These time periods may be
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extended (by By-law) for additional three year terms. The temporary use will not
become a legal non-conforming use at the date of expiry of the By-law. The
types of uses envisaged by Council as using a temporary use By-law include,
but are not limited to parking lots, fairs, carnivals, ploughing matches, art-in-the-
park sales, or temporary use of a mobile home as a dwelling unit.
2.4
Interim Control By-laws
In accordance with the Ontario Heritage Act, where the Council has by By-law
or resolution directed that a review or study be undertaken with respect to land
use planning policies in the Municipality, or any defined area or areas thereof,
the Council may pass an Interim Control By-law to be in effect for a period of
time specified in the By-law (less than one year) prohibiting the use of land,
buildings or structures for, or except for such purposes as set out in the By-law.
Upon expiry, the period of time during which the Interim Control By-law will
remain in effect may be extended to a maximum of two years from the date of
initial passing of the By-law. If Council has not passed a By-law under the
Ontario Heritage Act based on the study within the period of time specified in
the Interim Control By-law, the provisions of any By-law passed under the
Ontario Heritage Act, that applied to the subject lands immediately prior to the
coming into force of the Interim Control By-law will again come into force, upon
final expiry. Where an Interim Control By-law ceases to be in effect, the Council
may not for a period of three years pass a further Interim Control By-law that
applied to any land to which the original Interim Control By-law applied.
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3.0
Non-Complying Uses and Non-Conforming Uses
3.1
Non-Complying Uses
In some cases a land use may be recognized as a permitted use under the
implementing Zoning By-law but may be non-complying with respect to various
regulations of the By-law. This can be the result of a change in the standards of
the Municipality.
In such cases, the Zoning By-law may allow for additions to non-complying
buildings or structures and erection of buildings and structures accessory to a
non-complying building or structure, provided that the provisions of the Zoning
By-law are not further contravened. A further contravention means the making
of an addition to an existing non-complying building or structure, any part of
which addition does not comply with the required setbacks or any other
provision of the Zoning By-law.
3.2
Non-Conforming Uses
3.2.1
Any land use existing as of the date of adoption of this Plan that does not
conform with the land use designations as shown on Schedule A to this Plan or
the policies related thereto should, as a general rule, cease to exist over the
long term and will not be recognized as a permitted use in the implementing
Zoning By-law.
continuation of use
3.2.2
Legally established uses that are not permitted in the Zoning By-law have the
right to continue indefinitely provided that the use of the property remains the
same as on the day the By-law was passed and continues to be used for that
purpose.
extensions or enlargements
3.3.3
In special instances, it may be desirable to permit the extension or enlargement
of a non-conforming use in order to avoid unnecessary hardship.
conditions
3.3.4
In considering applications to permit an extension or enlargement of a non-
conforming use, Council will have regard to the following matters:
a) the land use designations and policies of this Plan;
b) the feasibility of acquiring the property pursuant to the Ontario Heritage
Act;
c) the possibility of relocating the use;
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d) the impact of the proposal on the immediate area;
e) the size of the enlarged operation related to the existing use;
f)
the degree to which any objectionable features of the use may be
increased by the proposal;
g) the possibilities of reducing the objectionable features through
landscaping, buffering, etc.;
h) the adequacy and availability of municipal services;
i)
the impact of the proposal on environmental functions, features and
linkages;
j)
the effect of existing environmental hazards; and
k) the adequacy and availability of sanitary sewage, storm water and water
services.
replacement or repair
3.3.5
Non-conforming uses which have been destroyed or partially destroyed by an
act of God such as fire, winds, and so on, may be replaced or repaired.
However, prior to granting permission to repair or replace a non-conforming use
in order to minimize the detrimental effects of the non-conforming use, the
Municipality should be satisfied that:
a) the size of the building or structure to be replaced is the same size as
the building or structure destroyed;
b) if the siting of the non-conforming building or structure is in
contravention to one or more provisions of the Zoning By-law, then it
shall be a policy of this Plan to encourage the building or structure to be
replaced in compliance with the provisions of the Zoning By-law to the
extent possible, and in no case shall it further contravene the provisions
of the said By-law;
c) where the non-conforming use is located in an area designated as a site
plan control area pursuant to the Ontario Heritage Act, the Site Plan
Control policies of this Plan will apply;
d) the possibility of reducing any objectionable features through
landscaping and buffering should be encouraged;
e) the use cannot be relocated;
f)
it is not feasible to acquire the property pursuant to the Ontario Heritage
Act; and
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g) sanitary sewage, storm water and water services are adequate.
facilitation of development approval
3.3.6
The Municipality shall facilitate and expedite, in conjunction with the County and
affected agencies, the development approval process by:
a) Investigating and implementing measures to eliminate duplications,
consolidate responses, and reduce time delays;
b) Encouraging or requiring proponents of development proposals to
consult with staff prior to the submission of applications;
c) Ensuring development applications follow regulations and include all the
necessary provisions as stated under the Ontario Heritage Act.
d) The Municipality may require additional information or studies where
any foreseeable impacts are associated with the proposed development
including but not limited to environmental, transportation, infrastructure
or other matters.
compatibility
The applicant would be required to demonstrate compatibility through the
consideration of proposed elements such as:
a) building height;
b) building scale and massing;
c) set-backs; and,
d) integration with existing streetscape.
Ensure development is proportional to the scale and features within the existing
residential community based on the following criteria:
e) compatibility,
f)
parking availability,
g) infrastructure,
h) size of units,
i)
number and location of units,
j)
intensity,
k) exterior renovations and additions,
l)
lot creation,
m) the historical context of the site.
3.3.7
Pre-Consultation
The Municipality shall require that adequate pre-consultation with the
Municipality occurs prior to the submission of an application for development
and shall encourage pre-consultation with other affected agencies such as the
County and the Conservation Authority, where appropriate. The Municipality
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may require the provision of additional supporting information or material
required to allow full consideration of the application. The scope of the
information or material required for each application shall be determined by the
Municipality and the County as part of the pre- consultation process;
The Municipality and/or other affected agencies may require applicants for
development applications to provide additional information or studies where any
foreseeable impacts are associated with the proposed development including
but not limited to environmental, transportation, infrastructure, cultural heritage,
Planning Justification Report, Urban Design Analysis, Concept Plan,
archaeology or other matters. All required reports and technical studies shall be
carried out by Qualified Persons retained by and at the expense of the
applicant. The Municipality may require a peer review of any report or study by
an appropriate public agency or a professional consultant retained by the
Municipality at the applicant's expense. In addition to Municipality requirements,
the applicant shall ensure that all additional requirements as set out in the
County of Lambton Official Plan are addressed. Applications for development
approvals which are not accompanied by such studies or other information may
be deemed to be incomplete for the purposes of the Ontario Heritage Act and
the Municipality will not be obligated to process or further consider those
incomplete applications.
Applicants for development approvals will also be required to demonstrate
compatibility of the proposal through the consideration of proposed elements
such as:
a) building height;
b) building scale and massing;
c) set-backs;
d) integration with existing streetscape;
e) traffic impacts;
f)
historical context of the site; and,
g) size, number and location of units.
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4.0
Site Plan Control
4.1
Establishment of Site Plan Control Area
The entire Municipality is a Site Plan Control Area. However, in order to avoid
undue restrictions, certain classes of development or geographic areas will be
exempted from Site Plan Control, as defined through the Site Plan Control By-
law.
The Council may, by By-law, designate the whole or any part of the Municipality
as a site plan control area, either geographically or by reference to one or more
zones contained in the implementing Zoning By-law. Low density residential
development and agricultural buildings and structures are not normally subject
to site plan control unless specifically indicated in the implementing Site Plan
Control By-law.
4.2
Approval of Plans or Drawings
No person will undertake any development in an area designated as a site plan
control area unless the Municipality has approved one or both, as the Municipality
may determine, of the following:
a) plans showing the location of all buildings and structures to be erected
and showing the location of all facilities and works to be provided in
conjunction therewith and of all facilities and works required under this
Section.
b) drawings showing plan, elevation and cross-section views for each
building to be erected, and displaying:
i.
the massing and conceptual design of the proposed buildings;
ii.
the relationship of the proposed building to adjacent buildings,
streets, and exterior areas to which members of the public have
access; and
iii.
the provisions of interior walkways, stairs, elevators to which
members of the public have access from streets, open spaces and
interior walkways in adjacent buildings.
c) the Municipality will work with the County to develop Site Plan guidelines
that can be used by development proponents when preparing their site
plans, and by the Municipality when reviewing site plans.
4.2.1
Conditions to Approval of Plans
As a condition to the approval of the plans and drawings referred to in Section
4.2, the Municipality may require the owner of the land to:
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a) provide to the satisfaction of and at no expense to the Municipality any or
all of the following:
i.
widening of highways that abut on the land subject to the Ontario
Heritage Act. Widening will be in accordance with the
Transportation policies of this Plan;
ii.
facilities to provide access and curbing and traffic direction signs,
subject to the Public Transportation and Highway Improvement
Act;
iii.
off-street vehicular loading and parking facilities, either covered or
uncovered, access driveways for emergency vehicles, and the
surfacing of such areas and driveways;
iv.
walkways and walkway ramps including surfacing thereof, and all
other means of pedestrian access;
v.
facilities for the lighting, including flood-lighting, of the land or of
any buildings and structures thereon;
vi.
walls, fences, hedges, trees, shrubs or other ground-cover or
facilities for the landscaping of the lands or the protection of
adjoining lands;
vii.
vaults, central storage and collection areas and other facilities and
enclosures for the storage of garbage and other waste material;
viii.
easements conveyed to the Municipality for the construction,
maintenance or improvement of watercourses, ditches, land
drainage works, sanitary sewage facilities and other public utilities
of the Municipality or local board thereof on the land; and,
ix.
grading or alteration in elevation or contour of the land and
provision for the disposal of storm, surface and waste water from
the land and from any buildings or structures thereon.
b) maintain to the satisfaction of the Municipality and at the sole risk and
expense of the owner any or all of the facilities or works set out in
Section 4.2.1 a) ii) to ix), inclusive, including the removal of snow from
access ramps and driveways, parking and loading areas and walkways;
i.
enter into one or more agreements with the Municipality dealing
with and ensuring the provision and maintenance of any or all of
the facilities, works or matters set out in this subsection, or with
the provision and approval of the plans and drawings referred to in
Section 4.2. Such agreements may be registered against the land
to which they apply.
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ii.
the Municipality will increase the accessibility of lands and
buildings in the community for persons with disabilities including
accommodating accessibility standards through proper site
planning of public spaces and buildings, (i.e. ramps on curb cuts)
in accordance with the provisions of the Accessibility for Ontarians
with Disabilities Act.
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5.0
Committee of Adjustment
5.1
Powers of Committee
The County of Lambton performs the functions of the Committee of Adjustment
for the Municipality.
The Committee of Adjustment, pursuant to the Ontario Heritage Act, has the
power to:
a) authorize a minor variance from the provisions of the Zoning By-law or
an Interim Control By-law in respect of land, buildings or structures on
the land or the use of the land;
b) permit the enlargement or extension of a non- conforming building or
structure and/or a change in use of land, building or structure from one
non-conforming use to another;
c) permit the use of land, buildings or structures for any purpose that in the
opinion of the committee conforms with the uses permitted and defined
in general terms in the By-law; and
d) authorize a minor variance from the provisions of any By-law that
implements this Plan in respect of land, buildings or structures on the
land or the use of land, provided that the committee has been
empowered to do so by municipal By-law.
e) It should be noted that the Committee of Adjustment has no power to
permit the enlargement or extension of lands that are used for a non-
conforming purpose, nor does it have the power to permit the erection
of a new building or structure. The authority to authorize the extension
or enlargement of lands that are used for a non-conforming purpose
rests with Council, pursuant to the Ontario Heritage Act. In this regard
the relevant policies of this Plan regarding Non-Conforming Uses shall
apply.
5.2
Guidelines for Committee of Adjustment Approvals
5.2.1
Minor Variance
When dealing with an application for minor variance, the Committee must
consider the following matters and refer to them in its decision:
a) is the requested variance minor;
b) is the general intent and purpose of the Official Plan maintained;
c) is the general intent and purpose of the Zoning By-law (or other By-law
which implements this Plan) maintained; and
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d) is the minor variance desirable for the appropriate development or use
of the land, building or structure.
5.2.2
Permission Regarding Non-conforming Use
When dealing with an application for permission to enlarge or expand a non-
conforming use, the Committee will consider the following matters:
a) has the non-conforming use continued from the date of passing of the
Zoning By-law to the date of application to the Committee;
b) was the non-conforming use legally established under the laws in force
at that time;
c) would any enlarged buildings or structures be used for the same
purpose as the original buildings or structures were used on the day the
By-law was passed;
d) would any change of use be similar to the previous use or be more
compatible with the uses permitted by the By-law;
e) would the intent and purpose of this Plan be affected in any way;
f)
what impact would the proposal have on the neighbourhood;
g) how does the size of the enlarged use compare with the existing use;
h) to what degree would any objectionable feature of the use be increased
by the proposal;
i)
is there a possibility of reducing the objectionable features through
landscaping or buffering;
j)
are the required municipal services available and adequate; and
k) the adequacy and availability of sanitary sewage, storm water and water
services.
5.2.3
Permission Regarding Use
When dealing with an application for permission regarding a use defined in
general terms, the Committee must consider the following matters:
a) is the general intent and purpose of the Official Plan maintained; and,
b) does the proposed use conform to the uses permitted in the Zoning By-
law
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6.0
Land Division
6.1
Lot Creation
The creation of new lots will only be permitted when they conform to the policies
of this Plan and the regulations of the Zoning By-law.
6.1.2
In addition to those criteria contained in Section 51 (24) of the Ontario Heritage
Act, the following policies will apply to all new lots:
a) The size of any lot created must be appropriate for the proposed use
having regard to the topography of the land, the siting of proposed
buildings, and points of access.
b) The lot must front onto and have direct access to an improved public
roadway that is maintained on a year round basis and is of a standard
of construction adequate to accommodate the additional traffic
generated.
c) New lots will not be granted where access to the lot will create a traffic
hazard because of limited sight lines or proximity to an intersection.
d) Severances may be granted to adjust lot boundaries or to increase the
size of existing substandard lots, provided that no new undersized lot is
created.
e) New lot creation must not result in landlocked parcels.
f)
The soil conditions must be appropriate for the services proposed, and
all private water supply and/or sewage disposal must meet the
requirements of the Province, the County, and the Municipality.
g) The creation of a lot in an area susceptible to flooding, erosion or any
other physical or environmental constraint will not be permitted unless it
can be demonstrated that the hazard can be safely addressed in
accordance with established standards and procedures, and/or it has
been demonstrated that there will be no negative impacts on the natural
features or the ecological functions for which the area has been
identified.
h) Where development is permitted by infilling, 'Infilling' means the
creation of one additional lot between two existing developed lots which
are situated on the same side of the road and are not more than 100
metres apart. In the case of a residential infilling lot, the 100 metres will
be measured between residences. In all other cases, the 100 metres
will be measured between lot lines.
i)
Where development is permitted by minor expansion of the built-up
area, 'Minor Expansion' means an expansion of the built-up area which
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does not result in significant increases in the existing density of
development.
j)
Strip development along roads where services and/or existing
development do not exist will not be permitted.
6.2
Multiple Consents
In some cases multiple lot severances may be more appropriate than
proceeding through a plan of subdivision (e.g. where all proposed lots front onto
an existing road, or where only minor extension of services is required). In
order to ensure that the multiple severance process does not circumvent proper
planning procedures and principles the following policies are applicable.
authority
6.2.1
The Municipality may require a plan of subdivision as opposed to multiple
severances. The number of lots shall generally be limited to three; however,
the Municipality will determine whether the proposal should proceed through a
plan of subdivision.
services
6.2.2
Applications for multiple severances will only be considered where full municipal
sewage and water supply are readily available with uncommitted reserve
capacity.
designations
6.2.3
Lands to which the multiple severances apply must already be designated for
the proposed use. Where an Official Plan amendment is required, the
amendment must be approved prior to a decision on the related severance
application(s).
severance agreement
6.2.4
Every lot shall be subject to a comprehensive severance agreement entered
into with the Municipality. This agreement would be similar to a subdivision
agreement and will ensure provision of services to municipal standards.
6.3
Plans of Subdivision
A Plan of Subdivision will normally be required where more than three lots are
to be created or where new or extended services such as roads, water and
sewers are required to service the property. In evaluating subdivision proposals
the Municipality will be guided by the provisions of Section 51(24) of the Ontario
Heritage Act and the policies of this Plan, including the following.
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timing
The Municipality must be satisfied that the proposed plan of subdivision is not
premature by examining such factors as expected population growth, the
number of undeveloped and draft approved lots in the community, and the
capacities of the servicing systems.
appropriateness of development
6.3.2
The proposed development must be appropriate for the area in terms of
housing type, lot size, density of development, and design of development.
access
6.3.3
Development through plan of subdivision must not have the effect of land
locking any undeveloped lands adjacent to the site.
Where necessary, the development pattern of the subdivision will make
provision for access to adjacent undeveloped lands.
Every lot within a plan of subdivision must have frontage on a public road, open
and maintained year round, and of an acceptable standard of construction.
With the exception of small developments, individual lots should have access to
internal roads which in turn intersect with an existing public road. Direct access
from individual lots to major roads will be discouraged.
servicing
6.3.4
Proposed plans of subdivision must be provided with adequate services.
New plans of subdivision must not require any extensions to existing municipal
services which would result in an undue cost to the Municipality. Where the
servicing of new development requires extensions and/or improvements to
municipal services, such services will be financed and constructed by the
developer before being turned over to the Municipality.
character of the site
6.3.5
The physical character of the site, including topography, soil types, drainage
and hazard potential must be appropriate for the type of development proposed.
design
6.3.6
Consideration will be given to lot layout, lot sizes, road patterns, energy
efficiency, location and provision of open space, and location and provision of
community facilities when assessing the design of a plan of subdivision.
The physical patterns of the plan of subdivision should be generally compatible
with the design of existing development on adjacent lands. New development
should be orderly and contiguous to existing development and the design
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should facilitate future extensions to the urban area. In general, road patterns
should provide for public safety and emergency access.
6.4
Plans of Condominium
The policies of this Plan for plans of subdivision will apply to proposed Plans of
Condominium submitted under the Condominium Act, with the exception that
lots may front on a private road shown on the Plan of Condominium.
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7.0
Special Studies
Despite the policies of this Plan, Council recognizes and accepts its responsibility
to carry out special studies of the Municipality as the need arises. Such studies
will be aimed at developing implementable policies for Council and/or other
government bodies to follow. Where necessary, amendments to this Plan will be
undertaken as a result of these studies.
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8.0
Capital Works
The construction of all public works within the Municipality will be carried out in
accordance with this Plan and Community Improvement Plan and within the
financial capacity of the Municipality.
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9.0
Financial Restrictions
The ability of the Municipality to finance public services is dependent upon
property taxes and related to the type of development that occurs. Future
development will be regulated by this Plan to ensure that the level of
expenditure and debt, as compared to revenue and equalized assessment is
maintained at equitable levels. Council may:
a) restrict development if the amount of such development causes an
imbalance in the assessment ratio; or
b) delay any proposed development where it becomes necessary to carry
out large scale public works in order to adequately serve such
development.
c) To ensure that all of the necessary services required to serve and
support development are available to meet the demands of all present
and future residents. Appropriate development charges or By-Laws may
be considered to support the financial ability to provide such services.
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10.0
Interpretation
Although this document is a long term comprehensive Official Plan, it is not
intended that this Plan be inflexible and rigid in its interpretation. The following
guidelines will be used in the interpretation of the policies and Land Use
designations.
10.1
Land Use Boundaries
It is intended that the boundaries of the land use designations be considered as
approximate. Boundaries of land use designations coincide with distinguishable
features such as roads, public laneways, utility corridors, railroads,
watercourses, or other clearly defined physical features. In all other instances,
boundaries of land use designations shall be determined by review of: existing
zoning by-laws; prevailing lot depths; orientation of lot frontages; lot patterns;
and land use patterns.
Therefore, amendments to this Plan will not be required in order to make minor
adjustments to the approximate land use boundaries or to the location of roads
provided the general intent of the Plan is preserved.
10.2
Numerical Criteria and Standards
It is intended that all numerical criteria and standards listed in the text will be
considered as approximate only and not absolute. The numbers are intended
only for the general guidance in the administration of the Plan. Amendments to
this Plan will not, therefore, be required for any minor changes from any of the
numerical criteria and standards used throughout the text of the Plan.
10.3
Meaning
Where the meaning of any phrasing or any part of any section is unclear, the
meaning of such will be determined within the context of the general policy
direction provided by this Plan.
10.4
Permitted Uses
The examples of permitted uses that are listed in the Plan are not meant to be
complete or exhaustive but to illustrate the range of activities or uses which are
permitted within each land use designation, unless the use is specifically
prohibited.
10.5
Reference to Acts
In this Plan, any reference to a Provincial or Federal Act of the legislature refers
to the Acts as amended from time to time, any successors to these Acts and the
latest decennial revisions.
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Any reference to specific public agencies or bodies includes their successors in
responsibility for those matters mentioned.
10.6
Public Information
10.6.1 A public participation program will be undertaken in conjunction with the
preparation and review of any Official Plan, Community Improvement Plan,
consent or Zoning By-law. The purpose of each program will be to increase
public knowledge of the planning process and to provide an opportunity for the
public to respond to proposals at a public meeting held by Council or the
Planning Committee of Council.
10.6.2 Where a planning proposal or amendment requires changes to more than one
document, Council or the Planning Committee of Council may hold a public
meeting to consider the proposed changes jointly, and the public notification
procedures for such a meeting will be in accordance with provisions set out in
this section, and notification may be joint.
10.6.3 Council may forego public notification and public meeting(s) in connection with
changes to the Official Plan, Community Improvement Plan, consents and
Zoning By-law where it is determined by the Clerk or Chief Planning Official that
such changes relate to a consolidation of documents, including the following
matters:
a) Deleting obsolete provisions;
b) Altering the section number and/or the order of any provisions;
c) Altering language or punctuation to obtain a uniform mode of
expression;
d) Correcting clerical, grammatical or typographical errors that do not
change the purpose or effect of any policies or regulations;
e) Inserting historical footnotes or similar annotations to indicate the origin
and approval of each provision;
f)
Change a format; and,
g) All changes will be adopted by Council.
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11.0
Delegation of Authority
11.1
Council may, in accordance with the Ontario Heritage Act, delegate approvals
of matters stipulated in this Official Plan to a Committee of Council or an
individual who is an officer, employee, or agent of the Municipality. Every
delegation of approval shall be done through the passage of a delegation By-
law by Council.
11.2
The following approvals may be delegated in accordance with Policy 11.1 and
subject to the policies of Section 11:
a) Minor changes to zoning of a property or properties;
b) Removal of "H" Holding provisions;
c) Temporary use by-laws;
d) Additional dwelling units;
e) Approval of garden suites;
f)
Cash-in-lieu of parking agreements;
g) Part Lot Control;
h) Site Plan Control;
i)
Consents; and,
j)
Subdivisions.
11.3
Every delegated approval decision shall comply to the policies and designations
of the Official Plan.
11.4
Delegated minor changes to zoning of a property or properties may be
approved for:
a) Siting, size and dimensions of buildings, structures, and similar uses;
b) Off street parking and loading;
c) Signs; and,
d) Screening and landscaping.
11.5
Where required, minor changes to zoning should be permitted which result in
the appropriate development of the lands, have no detrimental impacts on
adjoining properties, maintain the intent, policies, and principles of the Official
Plan and the Zoning By-law, and have regard for the design principles and
guidelines of this Plan and the Municipality, will generally be permitted.
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11.6
Delegation of approvals for minor changes in zoning should be established for
the following:
a) Low density residential homes or groupings of homes of 10 units or
less;
b) Additional dwelling units;
c) Garden suites;
d) Shared Housing;
e) Tiny Homes; and,
f)
Small scale residential, industrial and commercial development.
11.7
Delegation of approvals for minor changes in zoning should be established for
the following applications:
a) To implement an approved Site Plan;
b) To implement Part Lot Control;
c) To implement consents where there are no unresolved agency or
community comments;
d) To implement a Plan of Condominium where there are no unresolved
agency or community comments; and,
e) To implement subdivisions where there are no unresolved agency or
community comments.
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12.0
Land Acquisition
Land may be acquired, held, and/or disposed of by the Municipality for the
purposes of implementing any part of this Plan.
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13.0
Interpretation of Maps, Schedules, Tables, and Appendices
This Plan contains Schedules, Tables, Maps and Appendices. For the purposes
of implementation:
a) A Schedule is part of the policy framework and forms part of this Plan.
Settlement Area boundaries on a Schedule are fixed and definitive;
b) A Table is a summary of policy requirements in a graphic form and is
part of this Plan;
c) A Map is a visual guide or aid provided to assist the reader in
understanding the geographic location or context of a policy and does
not form part of this Plan; and,
d) An Appendix is intended to provide policy context to the reader and
does not form part of this Plan.
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14.0
Guidelines
In order to assist in good planning, improving planning service delivery for end
users, and ensuring land use impacts are appropriately addressed, the
Municipality may prepare guidelines and technical studies to assist with the
implementation of this Plan. Implementation Guidelines are recognized as
statements adopted by resolution of Council which detail the manner in which
policies established in this Plan will be implemented. Implementation Guidelines
will not be used as instruments to introduce new policy provisions that could be
the basis for denying development applications under the Ontario Heritage Act,
or for interfering with the natural justice rights of landowners and the public.
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15.0
Monitoring
Monitoring of the Official Plan implementation is an important approach to
identify any issues or emerging opportunities with the Plan's implementation.
Every year, a monitoring update report should be provided to Council that
identifies:
a) Growth in Housing and Employment
b) Population Growth
c) Updates on any decisions of the Ontario Land Tribunal that impact the
Official Plan.
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16.0
Community Planning Permit System
The Community Planning Permit System allows the Municipality to address
local planning issues integrating community goals with local character, planning
for new development, and streamlining development approvals. The
Community Planning Permit System addresses local planning issues and
reflects local character and distinctiveness through the creation of a
comprehensive vision for a particular area. The Community Planning Permit
System enables consistency of planned outcomes a vision for the area to which
it applies.
16.1
Applicability
The entire Municipality of Brooke Alvinston is a Community Planning Permit
System Area.
16.2
Objectives
The objectives for the Community Planning Permit System for the Municipality
are:
a) Preserving the Municipality character and small-Municipality and rural
community vision;
b) Ensuring that new development is implemented consistent with the
Municipality character and small-Municipality and rural vision;
c) Ensuring high quality design of both private and public spaces in
settlement areas;
d) Protection and support for agricultural production;
e) Streamlining the development approval process while providing
certainty to built form and land uses; and,
f)
Ensuring a broad based community engagement program is completed
in the creation.
16.3
Areas for Community Planning Permit System By-laws will be identified by
Council.
16.4
Background Study
Council will ensure a background study for a proposed Community Planning
Permit Area is prepared. Consultation with the community, including
stakeholder organizations and Indigenous communities, shall be required. At
least one open house and statutory public meeting of Council shall be held. The
background study will form the basis of the Community Planning Permit System
By-law.
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16.5
Elements in a By-law
a) Community planning permit by-laws shall set out permissible uses and
development standards with specified minimum or maximum limits.
b) The Community Planning Permit By-Law may permit a use as a
discretionary use, or permit a use not specifically listed as a permitted
use in the Community Planning Permit By- Law, provided that the
proposed use is similar to, and compatible with, the listed permitted
uses; would have no negative impact on adjoining properties; and would
maintain the intent, principles and policies of this Plan.
c) The Community Planning Permit By-law may allow for defined
variations to the standards and provisions outlined in the Community
Planning Permit By-Law. Such variations will only be permitted if they
are consistent with the policies of the Official Plan and the specific
background study.
d) Community planning permit by-laws may prohibit land uses.
e) Community planning permit by-laws may exempt certain types of
development from a permit.
f)
Community planning permit by-laws may include inclusionary zoning
requirements.
g) Community planning permit by-laws shall establish criteria to evaluate
the use and development of land and may include one or more of the
following, in addition to any other area specific criteria arising from the
background study and community engagement:
i.
the built environment, such as, patterns of streets and blocks, the
mix and location of land uses, the public realm, built form, and
heritage resources;
ii.
the human environment, such as, housing, community and
recreation services and facilities, parks and open spaces;
iii.
protection, restoration and enhancement of the natural
environment;
iv.
transportation and municipal infrastructure and servicing; and,
v.
the appropriate phasing of development.
h) The Community Planning Permit By-law may provide that a community
planning permit may be issued to permit, as a discretionary use, an
extension to a legal non-conforming use or change in use of a legal
non-conforming use, provided that the proposal is desirable in order to
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avoid hardship; that it would have no negative impact on adjoining
properties; and that it would maintain the intent, objectives, principles
and policies of this Plan and the objectives of the By-law.
16.6
Complete Application
The Community Planning Permit By-law will specify requirements for a
complete application in addition to the requirements of this Plan. These
requirements shall be confirmed with the Municipality through a required pre-
consultation meeting prior to the submission of an application for a permit. Pre-
consultation will provide important information including the identification of
required studies and/or reports in support of an application.
All applications for permit are required to submit a full drawing and plan set
which includes drawings that show plan, elevation and cross-section views for
each building or structure to be erected and are sufficient to display:
a) The massing and conceptual design of the proposed building,
b) The relationship of the proposed building to adjacent buildings, streets,
and exterior areas to which members of the public have access;
c) The provision of interior walkways, stairs, elevators and escalators to
which members of the public have access from streets, and open
spaces;
d) Matters relating to exterior design, including but not limited to scale,
appearance, and design features including pedestrian and cyclist
access;
e) Design elements on any adjoining highway under the Municipality's
jurisdiction, including without limitation trees, shrubs, hedges, plantings
or other ground cover, paving materials, street furniture, curb ramps,
waste and recycling containers and bicycle parking facilities and any
facilities designed to have regard for accessibility for persons with
disabilities.
16.7
Conditions of Approval
a) requiring that the development does not occur until municipal services
are available to the site;
b) providing adequate on-site and off-site service or road infrastructure
and works as necessary to service the proposed development;
c) conveying part of the land to the Municipality to the satisfaction of, and
at no expense to, the Municipality for a parkland, public roads or transit
right-of-way or providing cash-in-lieu of same;
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d) maintaining the removal of snow from access ramps and driveways,
parking and loading areas and walkways;
e) maintaining vegetation and landscaping;
f)
monitoring the impact of the development on the environment and
adapting property management activities to mitigate any identified
impacts;
g) Implementing the recommendations of any technical reports submitted
in support of the application;
h) requiring that appropriate mitigation is undertaken prior to development
occurring where site contamination or other environmental constraints
are present and/or that satisfactory verification of suitable environmental
site condition is received by the Municipality;
i)
requiring that any archaeological features are identified and
appropriately protected prior to any site alteration or grading;
j)
Providing streetscape features within the municipal road allowance to
implement streetscape guidelines established by Council.
16.8
Delegation
Council may delegate to staff the approval or issuance of permits and execution
of agreements. Limits on and criteria for such delegation will be established in
the Community Planning Permit By- Law.
16.9
Agreement
The Community Planning Permit by-law may require an applicant to enter into
and register on title an agreement with the Municipality, enforceable against
current and future owners, dealing with some or all of the conditions imposed on
a development permit.
16.10 Financial Securities
The Community Planning Permit by-law may require the applicant to provide
financial security to ensure the satisfaction of any condition imposed on the
permit and/or the completion and/or maintenance of the development.