Municipality of Callander Official Plan (consolidated to June 2024)
Callander, Ontario
· adopted 2010-03-16
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Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
d Version including Ministry of Modifications August 25, 2011
Consolidate
Notice to Readers of this Plan
This copy of the Municipality of Callander Official Plan is a consolidation of the Official
Plan as:
-
Adopted by Council March 16th, 2010
-
Approved by Ministry of Municipal Affairs with Modifications on August 25th, 2011
-
Amended by By-Law 2015-1466 (OPA 01-2015)
-
Amended by By-Law 2019-1620 (OPA 01-2019)
-
Amended by By-law 2021-1718 (OPA 01-2021)
-
Amended by By-law 2023-1830 (OPA 01-2023)
-
Amended by By-Law 2023-1837 (OPA 02-2023) (Housekeeping Amendment)
-
Amended by By-law 2024-1937 (OPA 01-2024)
-
Amended by By-law 2024-1947 (OPA 02-2024)
For accurate reference, please consult the official versions of the above-referenced
documents, which are available from the Municipality of Callander Clerks Department.
Includes all amendments in effect up to June 2024.
Table of Contents
1.0
INTRODUCTION .............................................................................. 1
1.1
Intent of the Plan ................................................................. 1
1.2
Structure of the Plan ............................................................. 2
2.0
BASIS OF THE PLAN .......................................................................... 4
3.0
OBJECTIVES ................................................................................... 7
3.1
Growth Management ............................................................. 7
3.2
Natural Environment ............................................................. 8
3.3
Economic Development .......................................................... 8
3.4
Waterfront Areas ................................................................. 9
3.5
Cultural Heritage ................................................................. 9
3.6
Services and Transportation .................................................... 10
3.7
Mineral Resources and Mineral Aggregates ................................... 10
3.8
Energy Conservation ............................................................. 11
3.9
Sustainability ..................................................................... 11
3.10
Leisure and Recreation ......................................................... 11
3.11
Accessibility ...................................................................... 11
3.12
Urban Design ..................................................................... 12
4.0
GENERAL DEVELOPMENT POLICIES ........................................................ 13
4.1
General Policies .................................................................. 13
4.2
Aggregate and Mineral Resource Area ........................................ 14
4.3
Archeological Resources ........................................................ 15
4.4
Brownfields ....................................................................... 16
4.5
Crown Lands ...................................................................... 17
4.6
Cultural Landscapes ............................................................. 17
4.7
Deer Wintering Area ............................................................. 18
4.8
Energy Conservation AND GREEN ENERGY .................................... 19
4.9
Environmental Impact Assessments ........................................... 20
4.10
Flood Prone Lands ............................................................... 21
4.11
Garden Suites and Accessory Dwelling Units ................................. 21
4.12
Group Homes ..................................................................... 22
4.13
Home-Based businesses ......................................................... 23
4.14
Housing ............................................................................ 24
4.15
Human-Made Hazards ........................................................... 24
4.16
Hunt Camps ....................................................................... 25
4.17
Land Use Compatability ......................................................... 25
4.18
Potentially Contaminated Sites ................................................ 26
4.19
Public Land Uses ................................................................. 27
4.20
Sensitive Fish Habitat ........................................................... 28
4.21
Source Water Protection ........................................................ 29
4.22
Stormwater Management ....................................................... 31
4.23
Surface Water Quality........................................................... 32
4.24
TransCanada Pipelines .......................................................... 33
4.25
Transportation ................................................................... 32
4.26
Water Taking and Source Protection .......................................... 33
4.27
Wayside Pits and Quarries ...................................................... 34
4.28
Wetlands .......................................................................... 35
5.0
RURAL AREA DESIGNATIONS ............................................................... 37
5.1
Rural Area ........................................................................ 37
5.2
Shoreline Area .................................................................... 41
5.3
Environmental Protection Area ................................................ 52
5.4
Open Space and Parkland ....................................................... 56
5.5
Aggregate and Mineral Extractive Area ....................................... 58
5.6
Waste Disposal Area ............................................................. 63
5.7
Crown Lands ...................................................................... 64
6.0
SETTLEMENT AREA DESIGNATIONS ........................................................ 67
6.1
Settlement Area ................................................................. 67
6.2
Residential Area.................................................................. 69
6.3
Employment Area ................................................................ 72
6.4
Downtown Area .................................................................. 75
6.5
Gateway Mixed-Use Area ....................................................... 77
6.6
Environmental Protection Area ................................................ 79
6.7
Open Space and Parkland ....................................................... 79
7.0
LAND DIVISION .............................................................................. 80
7.1
Preferred Means of Land Division .............................................. 80
7.2
New Lots by Consent ............................................................ 80
7.3
Subdivisions and Condominium Development Policies ...................... 83
7.4
Energy Efficiency and Air Quality .............................................. 84
7.5
Parkland Dedication ............................................................. 84
8.0
MUNICIPAL SERVICES ....................................................................... 87
8.1
Objectives ........................................................................ 87
8.2
Policies ............................................................................ 87
8.3
Development Staging ............................................................ 89
8.4
Sewage Allocation ............................................................... 90
9.0
TRANSPORTATION AND UTILITIES ......................................................... 91
9.1
Objectives ........................................................................ 91
9.2
Transportation Policies ......................................................... 92
9.3
Utility Policies .................................................................... 93
9.4
Lakeshore and Road Allowances Policies ..................................... 93
10.0
IMPLEMENTATION .......................................................................... 96
10.1
Complete Application ........................................................... 96
10.2
Pre-Consultation ................................................................. 96
10.3
Zoning By-law .................................................................... 96
10.4
Site Plan Control ............................................................... 100
10.5
Public Meetings ................................................................ 101
10.6
Maintenance and Occupancy By-law ........................................ 101
10.7
Community Improvement Plans .............................................. 102
10.8
Amendments to the Plan...................................................... 103
10.9
Monitoring ...................................................................... 104
10.10 Plan Review .................................................................... 104
10.11 Planning Approvals ............................................................ 105
11.0
INTERPRETATION ........................................................................ 106
11.1
Land Use Designations ......................................................... 106
11.2
Technical Amendments ....................................................... 106
11.3
Uses .............................................................................. 107
11.4
Accessory Uses ................................................................. 107
Schedules A: Land Use Plan
Schedule A1: Land Use Plan - Callander Settlement Area
Schedule A2: Development Staging - Callander Settlement Area
Schedule B: Environmental Protection Areas
-Technical Memorandum-Sewage Capacity Municipality of Callander
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
1
August 25, 2011
1.0
INTRODUCTION
1.1
INTENT OF THE PLAN
The basic intent of this Official Plan is to guide future development to
areas where it is most suited and to protect the environment of the
Municipality in order to preserve, protect and enhance the character and
economy of the Municipality.
The Official Plan is intended to form the foundation for decision- makers,
including Council and government agencies. This Official Plan is also
intended to provide members of the public with a sense of assurance as
to the future development of their lands and the lands around them. The
policies of this Official Plan are intended to clearly describe development
policies and the plans of the Municipality and to delineate a future
development plan for the Municipality. In addition, this Plan will guide
public works and other capital investments of the Municipality.
This Official Plan is intended to manage land use change in a manner that
has the greatest positive impact on the Municipality while ensuring the
sustainability of the environment and the character of the community.
This Official Plan establishes the pattern that development within the
Municipality of Callander should follow until 2026. In accordance with the
Planning Act, this Plan will be reviewed at least every five years to
determine whether the basis has changed and whether the Official Plan
continues to manage change and growth in the Municipality.
The Official Plan process has resulted in the development of a Land Use
vision for the future of the Municipality of Callander. This vision is based
on the following planning principles:
-
Protection and enhancement of the natural environment and natural
heritage features.
-
Management of growth through allocating servicing capacity and
development phasing.
-
Management of shoreline development and protecting the lakeshore
environment.
-
Protection of the rural and resource lands from incompatible
development that may preclude rural and resource related uses.
-
Maintaining the character of the community.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
2
August 25, 2011
The Plan is intended to be read in its entirety and the relevant policies
are to be applied to each situation. Landowners, developers, and all users
of this Plan should read all of the relevant policies in this Plan as many
sections of the document have related policies in other section. While
specific policies sometimes refer to other policies, not all cross-
references are identified in the document.
All new public works must conform to this Official Plan. This Plan applies
to all lands within the Municipality of Callander.
1.2
STRUCTURE OF THE PLAN
This Plan contains four distinct levels of policies. They are as follows:
1.2.1
The Basis
The Basis section of the Plan is not policy. It describes the primary facts
and issues that were considered when this Plan was prepared, and the
basic assumptions, observations and forecasts that have been derived
from a comprehensive background study and extensive public input. This
section is included to provide an understanding of the circumstances that
the policies of the Plan are intended to address.
1.2.2
Objectives
The Objectives of the Plan form the foundation for the more detailed
land use policies provided for each designation in the Land Use
Designation Section. The Objectives describe, in very general terms,
what the Municipality intends to accomplish as the result of its planning
program over the lifetime of this Plan. Where uncertainty exists as to the
intent of specific policies in the Plan, reference should be made to the
Objectives.
1.2.3
General Development Policies
The General Development Policies act as the primary guidelines to be
used in considering all development proposals and public works projects.
This section of the Plan establishes criteria or tests, which must be
considered prior to the Municipality approving any development proposal.
The criteria relate to environmental, cultural and physical features in the
Municipality.
1.2.4
Land Use Designations
Schedule A and A-1, the land use maps, depict the future land use for the
Municipality. The designations on Schedule A and A-1 relate specifically
to corresponding policies in Section 5.0 of the Plan. The
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
3
August 25, 2011
policies establish the form of development that may occur on lands and
lands to be protected from development within different parts of the
Municipality according to the designations on Schedule A and A-1.
1.2.5
Implementation
The Implementation section describes the actions that will be taken to
put the policies of this Plan into effect. It outlines how the planning
process in the Municipality will work and what forms of regulation may
be used to ensure that development occurs in a manner consistent with
the policies of the Plan.
This Plan will be reviewed every five years in accordance with the
Planning Act. In addition each Council that is elected shall consult the
Objectives in this Plan as a basis for establishing strategic actions and
priorities.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
4
August 25, 2011
2.0 BASIS OF THE PLAN
This section of the Plan identifies the primary factors that have been
considered during the preparation of the Plan. Should any of these
factors significantly change this Plan should be reviewed to determine
whether major policy or land use designation changes are warranted.
2.1
This Plan replaces the 1997 Official Plan for the Municipality of Callander.
The previous Official Plan covered the urban area of Callander as well as
the rural area of the former Township of North Himsworth. This Plan
incorporates new policy direction as a result of the Provincial Policy
Statement in 2005 (PPS).
2.2
This Plan has been based in part on data collected in a series of detailed
background studies dealing with growth management, local planning and
the environment. Sources of this information include, Provincial
Ministries, Statistics Canada, existing municipal information and on-site
review of land use and physical conditions. As the conditions and
information on which this Plan has been formulated change, there will
need to be changes to the policies contained in the Plan over the life of
the Plan (2007-2026).
2.3
The permanent population of the Municipality will increase slowly over
the life of this Plan to 4,579 from its current 3,579. It is anticipated that
residential housing growth will occur at about 20 units per year for the
whole of the Municipality.
2.4
The Municipality of Callander is experiencing development pressures
primarily in the form of shoreline development and to a lesser extent, for
rural residential development along municipal roads. Council wishes to
guide residential development to ensure that development does not
result in an undue financial burden to the Municipality or adverse
environmental effects.
2.5
The Municipality of Callander sewage treatment system is nearing
capacity, which limits the ability of the Municipality to respond to new
development approvals requiring sewage capacity. At the time of
completing this Plan all of the available sewage treatment capacity has
been allocated. The Municipality will complete an Environmental
Assessment to consider sewage treatment plant improvements to
increase capacity in order to allow planning approvals for new
development. The Provincial Policy Statement (PPS) requires
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
5
August 25, 2011
municipalities to set targets for infilling and intensification. This will
need to be taken into consideration in allocating further sewage capacity.
2.6
There is limited industrial development in the Municipality. Commercial
development, which is generally focused within the Settlement Area of
Callander, has not significantly increased in recent years. In keeping with
the PPS for the provision of a mix and range of employment opportunities
and in an effort to improve employment conditions and the economic
situation of the residents as well as broaden the municipal assessment
base, Council wishes to encourage new industrial and commercial
development provided that it is compatible with the environment and
surrounding land uses.
2.7
There are Provincially significant wetlands and natural heritage features
in the Municipality that are environmentally sensitive and need to be
protected from incompatible land uses and activities. As the
identification of environmentally sensitive areas improves, the mapping
of these features will be incorporated into this Plan by Official Plan
Amendment.
2.8
In preparing this Plan, regard has been had for the Provincial Policy
Statement of the Province of Ontario (PPS). This Plan does not replicate
the wording of that document. However, it does implement policies that
are consistent with the PPS as they relate to the Municipality of
Callander.
2.9
Historically much of the development in the Municipality has been
comprised of permanent residential development within the Callander
Settlement Area, permanent and seasonal residential shoreline
development and rural residential development. With the completion of
the four-laned Highway 11 south of the Municipality there will be
increased shoreline residential pressure in the Municipality. There will
need to be a concerted effort to maintain the environmental quality of
Lake Nipissing when considering new development and to ensure that new
development is in keeping with the neighbouring shoreline development.
There is an increasing need to assess the cumulative impact of waterfront
development throughout the Municipality and to encourage a culture of
environmental sustainability.
2.10
In an effort to encourage sustainable communities there is a significant
need to address stormwater management issues in the Callander
Settlement Area. Addressing stormwater contamination of Lake Nipissing
is critical to maintaining the water quality of the lake.
2.11
New public works within the Municipality will be guided by the policies of
this Plan and will be planned and implemented, where applicable, in
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
6
August 25, 2011
accordance with Municipal Class Environmental Assessment under the
Environmental Assessment Act. Council may entertain a broader range of
services should the opportunity for funding be made available.
2.12
In 2006, the Municipality of Callander became regulated under the
Aggregate Resources Act. This act requires all new aggregate operations
and expanding existing operations to obtain licenses from the Ministry of
Natural Resources. Aggregate operations will need to be assessed in terms
of the impacts on municipal roads, safety and land use compatibility and
should consider appropriate policies to regulate such things as hours of
operation, lighting and buffering.
2.13
With increasing gasoline and energy costs, it will be incumbent on the
Municipality to establish policies to encourage energy conservation and
address the siting, location, and appearance of future structures and
devices designed to capitalize on new energy sources that are consistent
with the provisions of the Green Energy and Economy Act.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
7
August 25, 2011
3.0 OBJECTIVES
This Section of the Plan establishes the fundamental policies that will
guide future development in the Municipality of Callander. The
policies and land use designations contained in the Plan are based on
achieving these objectives. In the event that clarification of the intent
of the policies in this Plan is required, these Objectives shall be
considered.
The Objectives of this Plan are as follows:
3.1
GROWTH MANAGEMENT
3.1.1
To direct 75 percent of new residential and employment growth to the
fully serviced portion of the settlement area of Callander and to
strengthen the function of the settlement area as a complete community.
3.1.2
To encourage 20 percent of new residential units to be created through
intensification and redevelopment within the existing settlement area of
Callander.
3.1.3
To provide sufficient land designated for residential development to
accommodate a minimum of a ten-year supply of land and to maintain at
least a three-year supply of approved or draft plan approved residential
lots.
3.1.4
To
encourage
a
residential
housing
split
of
60/25/15
for
low/medium/high density to provide an appropriate range of housing
types and densities to meet projected requirements of current and future
residents of the Municipality.
3.1.5
To seek an employment to population ratio of 1:4 over the lifetime of this
Plan. This will require the creation of 112 new jobs and the development
of approximately 5 hectares of new employment lands, which will provide
opportunities and options for a variety of employment uses.
3.1.6
To ensure that sewage treatment, water supply services and waste
disposal services are planned and developed to provide for the growth
targets outlined in this Plan.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
8
August 25, 2011
3.1.7
To limit the amount of development in the rural area by permitting
limited lot creation by consent. Rural consents will be encouraged to
occur through infilling in accordance with the consent criteria of this
Plan.
3.1.8
To permit limited residential development in the shoreline areas adjacent
to Callander Bay and Lake Nipissing in the Municipality only where it can
be demonstrated that it will not adversely impact water quality.
3.2
NATURAL ENVIRONMENT
3.2.1
To maintain or enhance the Provincially Significant Wetlands and natural
environment in the Municipality as an ecosystem comprised of many
related components.
3.2.2
To require that all development be planned and designed to protect,
maintain and enhance water related resources within the watersheds in
the Municipality.
3.2.3
To protect, restore and improve water quality and hydrological
characteristics, functions and processes of watercourses, lakes, aquifers
and wetlands.
3.2.4
To maintain and protect significant wildlife habitat areas and corridors
and habitats of vulnerable and threatened species.
3.2.5
To minimize the loss or fragmentation of significant woodland features
and the habitats and ecological functions they provide.
3.2.6
To preserve the ability to see the stars in the sky at night as an important
characteristic of the Municipality of Callander.
3.2.7
To ensure that natural resource activities, including forestry, mineral
exploration and development, hunting and fishing and other recreational
activities can continue in a manner that is sustainable and to protect the
quality and quantity of surface and ground water resources.
3.3
ECONOMIC DEVELOPMENT
3.3.1
To encourage economic development and provide opportunities for
sustainable economic growth that is compatible with the character and
environment of the Municipality.
3.3.2
To establish, maintain and enhance Employment Areas that provide a
range of job opportunities and a broad range of commercial and service
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
9
August 25, 2011
facilities geared specifically to meet the needs of residents of the
Municipality.
3.3.3
To ensure that a sufficient supply of employment lands is available for
development at all times.
3.3.4
To encourage the development of home-based businesses provided the
proposed use is compatible with adjacent land uses.
3.3.5
To provide opportunities to improve and enhance the quality of tourist
facilities and the variety of tourism related business in the Town.
3.3.6
To ensure that land uses are compatible with adjacent uses.
3.4
WATERFRONT AREAS
3.4.1
To ensure that development in the shoreline areas maintains the
character of the existing development and preserves the natural features
of the shoreline.
3.4.2
To ensure that the redevelopment of seasonal dwellings to permanent
dwellings does not result in additional environmental impacts or increase
municipal servicing costs.
3.4.3
To protect the shoreline wetlands and fish habitat.
3.4.4
To prohibit development in areas subject to flooding and erosion hazards.
3.4.5
To seek to improve water quality in Callander Bay through improved
sewage treatment and stormwater management.
3.5
CULTURAL HERITAGE
3.5.1
To enhance the character of the Municipality by protecting and
maintaining the Municipality's cultural heritage resources.
3.5.2
To ensure that the nature and location of cultural heritage and
archaeological resources are known and considered before land use
decisions are made by requiring the appropriate studies in accordance
with provincial guidelines.
3.5.3
To encourage the development of a comprehensive inventory of the
Municipality's built heritage and cultural heritage landscape resources,
archaeological sites and areas of archaeological potential, and establish
criteria respecting the conservation of these features.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
10
August 25, 2011
3.6
SERVICES AND TRANSPORTATION
3.6.1
To ensure that all necessary services required to serve and support
development are available to meet the demands of present and future
inhabitants and reflects the financial ability of the Municipality to provide
services.
3.6.2
To establish an integrated transportation system that safely and
efficiently accommodates various modes of transportation including
automobiles, trucks, cycling and walking, snowmobiles, recreational
vehicles and boats.
3.6.3
To ensure that all development is appropriately serviced with potable
water and sewage services, and that public and privately serviced
developments will have the least impact possible on water quality or
quantity.
3.7
MINERAL RESOURCES AND MINERAL AGGREGATES
3.7.1
To ensure that the mineral aggregate resources in the Municipality are
available to supply mineral aggregate needs.
3.7.2
To require the proper management of mineral aggregate operations to
minimize potential negative environmental and social impacts.
3.7.3
To establish an appropriate regulatory By-law to manage and control
aggregate operations including hours of operations, signage, truck routes,
control of dust, noise, vibration, rehabilitation and other operational
matters.
3.7.4
To encourage the Province to consider the Municipality's policy and
regulatory requirements when reviewing and approving applications for
pits and/or quarries located on Crown Land.
3.7.5
To ensure that mineral resources are considered and protected when
making all land use planning decisions.
3.7.6
To ensure that mineral mining operations and petroleum resource
operations are protected from development and 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.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
11
August 25, 2011
3.8
ENERGY CONSERVATION
3.8.1
To recognize and encourage alternate forms of energy including the
development of wind generated power and solar power in a manner that
does not impact the visual or environmental qualities of the Municipality.
3.8.2
To encourage energy conservation through planning that promotes
pedestrian and cycling activities in the Municipality.
3.8.3
To encourage and promote building design with energy conservation in
mind which will include water use, electrical, HVAC systems using
operation techniques that promote a sustainable community concept.
3.8.4
To encourage all practical forms of conservation to reduce the
environmental impact on the community.
3.9
SUSTAINABILITY
3.9.1
To
encourage
sustainability
in
the
Municipality
through
the
encouragement of development of brownfields, affordable housing,
improving air quality and reducing light pollution.
3.9.2
To ensure consideration is given to sustainability through the adoption of
policies and procedures to be used to assess sustainability for all
development applications.
3.9.3
To ensure the Municipality's Zoning By-law, Urban Design Guidelines and
other municipal by-laws specifically address and promote sustainability
practices within the community.
3.10
LEISURE AND RECREATION
3.10.1
To encourage the provision of an appropriate range, type and distribution
of educational, cultural and recreational facilities and services for
residents and tourists alike in the community.
3.10.2
To encourage and support the development of new and expanded leisure
facilities, parks, open space and trail systems for the community to
provide a range of active and passive recreation opportunities.
3.11
ACCESSIBILITY
3.11.1
To ensure that community facilities and services are accessible to all
municipal residents;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
12
August 25, 2011
3.11.2
To encourage consideration of the needs of special groups and in
particular persons with disabilities, and an aging population in the design
and construction of buildings and other facilities.
3.12
URBAN DESIGN
3.12.1
To take a comprehensive approach to community design that will result
in appropriate development and redevelopment that will occur over a
significant period of time.
3.12.2
To ensure that municipal goals for the overall layout and character of
new development and redevelopment within the Callander Settlement
Area are achieved.
3.12.3
To provide a policy framework to assist in the preparation of plans and
subdivision/condominium, implementing Zoning By-laws, development
agreements and site plan approvals.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
13
August 25, 2011
4.0 GENERAL DEVELOPMENT POLICIES
These policies apply to all development in the Municipality. When
considering proposals for development, Official Plan Amendments,
Zoning By-law Amendments, Consents, Subdivision or any other form
of development requiring approval, the following policies will, where
applicable, be considered.
4.1
GENERAL POLICIES
4.1.1
It shall be a policy of the Municipality to ensure that all development
occurs in accordance with the land use designations shown on the
attached schedules and with the policies of this Plan. No Zoning By-law
shall be approved or modified and no public works shall be undertaken
which do not comply with the provisions of this Plan.
4.1.2
Where a land use is permitted, uses normally accessory to such use are
also permitted. Provisions and regulations regarding accessory uses,
including size, type, location, height, mass, floor area, and spacing shall
be included in the Implementing Zoning By-law.
4.1.3
Prior to development occurring, and before any subdivision or a
provisional consent is permitted, or any amendment to a Zoning By-law
is made, it shall be established to the satisfaction of the Municipality and
all other bodies having jurisdiction, that:
a)
Soil and drainage conditions are suitable to permit the proper
siting of buildings and other site improvements such as driveways,
parking, and accessory structures;
b)
Suitable arrangements have or can be made for water supply,
sewage disposal, storm drainage and all other necessary public
services;
c)
No traffic hazards will ensue because of excess traffic generation,
or limited sight lines on curves or grades;
d)
The land fronts on a year round publicly maintained road which
meets municipal standards or has legal access to a year round
publicly maintained road; (OPA 02-2023)
e)
The potential impact of all adjacent land uses upon the proposed
use has been adequately investigated;
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Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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f)
The potential impact of the proposed use on adjacent lands has
been considered, and adequate mitigation measures, including
buffer distances and/or screening is provided between the use and
adjacent uses in accordance with the policies of the Plan; and,
g)
The Minimum Distance Separation formulae is complied with.
4.1.4
In the course of considering a development proposal, Council may
undertake, or direct to be undertaken, studies to ensure that the
objectives and policies of this Plan are met. Such studies may include the
ecological, social and economic impacts on the Municipality and its
residents as set out in this Plan. These studies are to be submitted to the
Municipality and are to be reviewed by Municipal Staff. Peer reviews may
be required at the discretion of Council. Council may refuse
developments that would have significant adverse impacts, or may
require remedial works to offset such impacts as a condition of
development approval.
4.1.5
Certain areas and types of development in the Municipality shall be
subject to the site plan control provisions of the Planning Act. The
specific land uses and designations which may be subject to site plan
control and the associated policies are outlined in Section 10.5 of this
Plan.
4.2
AGGREGATE AND MINERAL RESOURCE AREA
4.2.1
Areas having high aggregate or mineral resource potential are identified
on Schedule B as Aggregate Resource Area and Mineral Resource Area.
Development of these areas for purposes other than resource extraction
will only be permitted, where it can be shown that the proposed
development has a greater public interest than the extraction of the
resource and the development will not adversely affect the availability
of the resource and long-term viability of the aggregate or mineral
industry in the future.
4.2.2
Where development is proposed in or adjacent to an area of known
mineral or aggregate resources, the development shall be set back and
buffered sufficiently to ensure that it would not preclude or hinder the
establishment of new operations, expansion of existing operations or
access to the resources, except where the following conditions are met:
a)
the resource use would not be feasible;
b)
the proposed land used or development serves a greater long term
public interest; and,
Municipality of Callander
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Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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c)
issues of public health, public safety and environmental impact
are addressed.
4.2.3
Adjacent is considered to be minimum of 300 metres for existing pits and
aggregate reserves and a minimum of 500 metres for existing quarries.
4.2.4
When new development is generally proposed within 1000 metres of a
quarry within the Aggregate Extraction Area designation, Council shall be
satisfied that the proposed use is compatible with the operation of the
pit or quarry. In some cases, setbacks between the uses may be required
to minimize conflicts.
Council may require a report on land use
compatibility in accordance with MOE Guidelines D-1 and Procedure D-1-
2 in support of an application for development.
4.2.5
No development may take place within one kilometre of a mining hazard
unless the property owner has had the site assessed by an engineer and a
signed report certifying the safety of the site has been completed in
accordance with Ministry of Environment Guidelines D-6 Compatibility
Between Industrial Facilities and Sensitive Land Uses and D-1 Land Use
Compatibility.
4.3
ARCHEOLOGICAL RESOURCES
4.3.1
Lake Nipissing historically was a major transportation link between the
Ottawa Valley and Georgian Bay, used by aboriginal peoples, early
European settlers and the original seasonal residents in the area. Given
the native and early European settlers and the existence of the fur trade
there is a high probability that archeological sites exist. When
development is proposed along the shoreline or in river valley areas
where there is an identifiable rise in elevation, at the outlet of major
streams or where there are falls or rapids in the waterway, Council may
require the submission of an archeological study.
4.3.2
Areas of archaeological potential are determined through the use of
provincial screening criteria, or criteria developed based on the known
archaeological record within the Municipality and developed by a licensed
archaeologist.
In areas identified as having archaeological potential, Council may
require an archaeological assessment as a condition of any development
proposal.
4.3.3
Archaeological assessment reports shall be conducted by archaeologists
licensed by the Ontario Heritage Act and in compliance with guidelines
set out by the Ministry of Culture and Recreation. Where assessments
identify previously unknown archeological resources, the Municipality
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
shall archive the information as part of a heritage resource information
base.
4.3.4
Where archeological sites are found in the Municipality they shall be
reported to the appropriate Provincial agency. Based on the extent and
significance of the findings, Council may:
a)
require the site to be preserved in its natural state;
b)
require that portions of the site remain preserved through the
development process; or
c)
require that artifacts found on the site be removed by a licensed
archeologist and preserved for public education.
4.3.5
Council shall consult appropriate government agencies, including the
Ministry of Tourism, Culture and Tourism and the Ministry of Consumer
and Commercial Relations when an identified human cemetery, marked
or unmarked human burial is affected by land use development. The
provisions under The Heritage Act and The Cemeteries Act shall apply.
4.4
BROWNFIELDS
4.4.1
It is the Municipality's objective to encourage the re-use and
redevelopment of Brownfield sites. Brownfield sites refers to properties
that have been or may be impacted by former industrial or commercial
uses and may be contaminated as a result of these former activities.
These properties are either vacant or under-utilized and in some cases
may be abandoned. There are concerns over their environmental liability,
the stigma attached to the former use, and/or the financial costs for site
rehabilitation.
4.4.2
The Municipality will work closely with the development community to
support the continued redevelopment of these sites. These sites may be
developed subject to the policy in Section 4.18 of this Plan.
4.4.3
The Municipality may provide financial incentives through Community
Improvement Plans to encourage the redevelopment and rehabilitation of
Brownfield sites. In addition, the Municipality will assist property owners
to seek other financial incentives from Provincial or Federal government
programs.
4.4.4
In an effort to encourage redevelopment of Brownfield sites, Council may:
a)
permit increased densities;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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b)
prioritize sewage allocation for Brownfield sites;
c)
reduce parkland dedication; or
d)
reduce development charges.
CROWN LANDS
4.5
4.5.1
This Plan recognizes that the Province has the ultimate jurisdiction for
determining the use of Crown land. Crown lands are shown on Schedule
A. The Municipality encourages the Province and its resource ministries
to consult the Council of the Municipality when making land use decisions
concerning Crown lands.
4.5.2
Council encourages the preservation of Crown lands in the Municipality
for the use and enjoyment of residents and tourists. The use of lands
within the Conservation Reserves are governed by plans for these areas
prepared by the Ministry of Natural Resources.
4.5.3
Where resource activities on Crown Lands have off-site impacts on
municipal roads and services the Municipality will make efforts to ensure
that the impact is minimized and that additional municipal costs are off-
set by those who benefit from the services.
4.5.4
When forest management plans are being prepared, they should
recognize the impacts of forestry operations on the tourism industry and
visual amenities of the Municipality.
4.5.5
This Plan shall be binding on any lands that cease to be Crown lands either
by sale or transferred into private ownership, and the use and
development of those lands shall require an Amendment to this Plan.
4.6
CULTURAL LANDSCAPES
4.6.1
Cultural landscapes include natural and man-made features that define
the character of the Municipality. Lake Nipissing is part of the Canadian
Heritage River designation that extends along the Mattawa River linking
the Ottawa River to the Lake and Georgian Bay. The area includes
outstanding natural features and a rich history associated with native
history, exploration and the fur trade. These natural landscapes are what
defines the Callander Bay area.
4.6.2
All development shall be designed in a manner that is sensitive to the
cultural landscapes in the Municipality. Historic buildings, trails and
roadways shall be preserved wherever possible. New structures built in
the area of these features shall be designed to reflect the surrounding
landscape and built form. Council will use site plan control to ensure
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
that new development is sited and designed to complement the historic
and natural character of the Municipality.
4.6.3
Council will encourage the preservation of these natural landscapes along
Lake Nipissing and will continue to promote and market the famous
people that have lived in the Municipality.
4.7
DEER WINTERING AREA
4.7.1
Large portions of the Municipality have been identified as significant deer
wintering area by the Ministry of Natural Resources. These areas are
generally shown on Schedule B, however it is recognized that these areas
may change over time. Development in these areas must be sensitive to
the impact of the development on deer wintering areas. These areas are
generally described as areas having dense conifer cover and lands having
woody deciduous vegetation within 30 metres of dense conifer
vegetation. The removal of vegetation in these areas will be minimized.
4.7.2
Within the significant deer wintering areas shown on Schedule B new lots
should avoid areas of dense conifer cover or be of a sufficient size to
provide a suitable development area including access and services,
outside the most significant deer wintering area described above. The
minimum lot size shall be 100 metres frontage and 100 metres depth.
4.7.3
Exceptions to the minimum lot size requirements may be considered by
the Municipality where more than one legal detached dwelling that is
structurally sound exists as of the approval of this Plan, it is demonstrated
to the appropriate approval authority that each dwelling can be
adequately serviced, and a site evaluation has been completed by a
qualified biologist that documents habitat conditions and demonstrates
that winter deer habitat is not present on the property.
4.7.4
In shoreline areas, development shall be situated in locations that will
not result in the removal of significant amounts of shoreline vegetation
or affect shoreline habitat. Site-specific zoning and site plan control will
be used to site development in the most appropriate areas to ensure
minimal impact on the natural habitat.
4.7.5
Where any development is proposed within significant deer wintering
habitat Council will require the submission of an Environmental Impact
Assessment Report including a wildlife habitat assessment prepared by a
qualified biologist. The recommendations of that report will be
implemented through site-specific zoning and site plan control to ensure
that no negative impacts will occur.
Municipality of Callander
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Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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4.8
ENERGY CONSERVATION AND GREEN ENERGY
4.8.1
The Municipality will encourage the development and utilization of
alternative energy sources, including wind, solar and renewable
resources provided they are appropriately sited.
4.8.2
The Municipality shall encourage energy conservation by promoting:
a)
compact urban form in the Callander Settlement Area;
b)
mixed use development in appropriate locations and live-work
relationships to reduce automobile use;
c)
lot and building design that maximizes direct access to sunlight
during the winter;
d)
the use of vegetation that will reduce energy consumption of
buildings;
e)
use of energy efficient building design and fixtures; and
f)
cycling and walking.
The Municipality of Callander recognizes that the Green Energy Act
provides limited jurisdiction for the Municipality to regulate the location
of Green Energy sources and infrastructure.
However, though
commenting processes related to Planning Act Applications for land
division or though Environmental Assessment Act processes, the
Municipality will provide comments that encourage Green Energy sources
and infrastructure to development in appropriate areas of the
Municipalities.
4.8.3
In providing comments on Green Energy infrastructure, Council shall
consider the appropriateness of the application in regards to:
a)
the location of communities, residential subdivisions and built-up
areas;
b)
sensitive land uses, including residences;
c)
noise mitigation in accordance with the applicable regulations of
the Ministry of the Environment and safety relative to such aspects
as falling ice;
d)
bird migration routes and feeding areas;
e)
agricultural land capability;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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f)
the capacity of the affected public roads to accommodate
construction and maintenance vehicles;
g)
airports and private airstrips and the applicable regulations of
Transport Canada;
h)
the location of shoreline development;
i)
the location of natural heritage features;
j)
archaeological resources or cultural landscapes.
4.8.4
The implementing Zoning By-law may include setbacks for new sensitive
land uses in the areas adjacent to a green energy facility.
4.8.5
If wind or solar power facilities are decommissioned, the site shall be
appropriately rehabilitated for a use permitted by the applicable policies
of this Plan and Zoning By-law.
4.9
ENVIRONMENTAL IMPACT ASSESSMENTS
4.9.1
Where this Plan makes reference to Environmental Impact Assessment
Reports the report shall include the following where deemed appropriate
by Council;
a)
a site plan of the proposed development indicating proposed and
existing developments with all appropriate setbacks shown;
b)
the significant features and functions within the surrounding
area;
c)
the potential impacts of the development on the natural
features;
d)
the impacts of noise, vibration, dust and traffic;
e)
the visual impact of the development on the shoreline areas;
f)
options for locating the development in a less sensitive area;
g)
techniques that should be used to mitigate potential impacts;
and,
h)
means to implement the mitigation measures.
4.9.2
Environmental Impact assessments shall be completed by a specialist
qualified in the environmental features and values that are being
assessed. Developments that have satisfied the provisions of the
Municipality of Callander
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Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
Environmental Assessment Act will not require further study to satisfy this
policy. Environmental Impact Assessments may be required to be peer
reviewed at the discretion of Council.
4.10
FLOOD PRONE LANDS
4.10.1
In order to protect life and property, new structural development below
identified flood elevations will not be permitted unless otherwise
specified in this plan, except for uses which by their nature must locate
within the floodway such as docks and flood or erosion control structures.
The Municipality will not support the placement or removal of fill below
such elevations.
4.10.2
In addition to lands designated Environmental Protection on Schedule 'A'
and "A-1", other lands may be subject to flooding and the policies in
Section 5.3.4 Hazard Lands will apply. The Conservation Authority will
provide any available flooding information.
4.10.3
Lake Nipissing is subject to the Large Inland Lake Policy as implemented
by the Conservation Authority. The flood elevation for Lake Nipissing is
197.25 CGD. Subject to the approval of the Conservation Authority, lands
abutting Lake Nipissing may be filled to provide building areas provided
that there is no adverse environmental impact.
4.10.4
Conditions may be placed on the creation of new lots requiring site-
specific zones to provide minimum opening elevations and setbacks to
ensure adequate flood protection.
4.11
GARDEN SUITES AND ACCESSORY DWELLING UNITS
4.11.1
Garden suites shall be permitted subject to a Zoning By-law Amendment,
on land designated, Rural Area and Residential Area. When considered
an amendment to a Garden Suite Council shall be satisfied that:
a)
the garden suite is being permitted in conjunction with a single
detached dwelling unit and that the garden suite is secondary to
the single detached unit;
b)
there is adequate sewage disposal and water service capacity
available to service the units acceptable to the appropriate
approval agency and the roads are of a standard that can
accommodate the increased use, in the case of a rural area the
garden suite is serviced through an extension from the existing
dwelling unit and the private services are adequate to service the
principle residential unit and the garden suite;
Municipality of Callander
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Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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c)
adequate parking is available for the unit and buffering where
necessary; and,
d)
the development will not adversely affect the character of the
area and is designed to be in keeping with the character of the
surrounding area.
4.11.2
The conversion of a principle dwelling units to accommodate an accessory
dwelling unit shall be permitted in the Rural Area and Residential Area
subject to a Zoning By-law Amendment unless the implementing Zoning
By-law establishes specific regulations and standards in accordance with
the following;
a)
the accessory dwelling unit is being permitted in conjunction with
another dwelling unit and is clearly secondary and accessory in
nature;
b)
only one accessory dwelling unit is permitted per lot;
c)
adequate parking and snow storage is available;
d)
where necessary adequate buffering of adjacent uses is provided;
e)
there is adequate sewage disposal and water capacity available to
service the accessory unit;
f)
the minimum floor area of the accessory dwelling unit and all
other standards will comply with the Ontario Building Code,
Ontario Fire Code and all other applicable requirements.
4.11.3
The location and development of garden suites shall satisfy the General
Development Criteria in this section of the Plan, including impact on deer
wintering habitat.
4.12
GROUP HOMES
4.12.1
It shall be a policy of Council to permit the establishment of group homes
within the Municipality in accordance with the following policies and all
other relevant policies of this Plan.
4.12.2
The Zoning By-law shall establish the areas in which group homes may be
permitted and such other matters as the number of persons who may
reside in a group home and the minimum separation distance between
group homes. In order to prevent an undue concentration of residential
care facilities in specific areas of the Municipality, the Zoning By-law shall
specify a minimum distance separation between facilities, as well as
regulations regarding performance standards such as dwelling type,
Municipality of Callander
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Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
and minimum floor space. These standards shall have regard to the
limitations of the existing housing stock and design, as well as the
objective of community integration. Only those group homes which
require a rural or small community setting will be permitted in the rural
areas of the Municipality.
4.13
HOME-BASED BUSINESSES
4.13.1
Home-based businesses are permitted in all designations where a dwelling
is a principle permitted use. Bed and Breakfast establishments shall be
permitted in all designations subject to a rezoning.
4.13.2
Home-based businesses are subject to the following requirements:
a)
it is wholly located within a dwelling unit;
b)
it is clearly secondary to the primary use of the property as a
residence to the person conducting the business, in terms of floor
space utilization, and is compatible with surrounding residential
uses;
c)
the use shall not have a negative impact on the enjoyment and
privacy of neighbouring properties;
d)
the character of the dwelling as a private residence is preserved;
e)
no outside storage of goods, materials, equipment or service
vehicles other than cars, vans and light trucks related to the
business occurs;
f)
adequate on-site parking is provided for the business use, in
addition to the parking required for the residential use, and such
parking is provided in locations compatible with the surrounding
residential uses;
g)
the sign identifying the business is limited in size and in
accordance with a Municipal Sign By-law, when passed by Council;
h)
the existing private sewage disposal system is acceptable to
adequately service the principle residential dwelling unit and the
proposed business;
i)
the traffic generated will not impact negatively upon a local road
or Provincial Highway; and,
j)
Home-based businesses located on provincial highways require the
approval of the Ministry of Transportation for entrance and
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Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
sign permits. The MTO requires the property owner to
acknowledge that the use of their existing entrance cannot be
converted to a commercial entrance and that an additional
entrance will not be permitted to accommodate the home-based
business.
The Implementing Zoning By-law shall further detail the conditions
under which a home-based business may be permitted.
4.14
HOUSING
4.14.1
The projected population increase for the 20-year period extending from
2006-2026 for the life of the Official Plan is expected to be approximately
1,000 persons. Based on an average household size of 2.5 there will be a
need for approximately 400 housing units to be built between 2006 and
2026.
4.14.2
Residential development has traditionally been heavily weighted to single
detached dwellings. The percentage of singles to multiple dwellings is
approximately 97.5 percent/2.5 percent respectively in the Municipality.
4.14.3
The future housing mix shall recognize the attractiveness of the
community for retirement and lifestyle housing particularly for seniors
but should also accommodate new young families to the area. This is
consistent with Provincial Policy, which directs municipalities to identify
and promote opportunities for intensification and redevelopment and
provide for an appropriate range and mix of residential accommodation.
4.14.4
Council will work with developers, service delivery groups and funding
agencies in an effort to create affordable housing opportunities including
multiple residential development primarily through redevelopment and
intensification in the Callander Settlement Area.
4.14.5
During the life of this Official Plan, at least 25 percent of future housing
should be row/townhouse development and 15 percent apartment
dwelling units which would assist those low and moderate income
households.
4.15
HUMAN-MADE HAZARDS
4.15.1
Development on, abutting or adjacent to lands affected by mine hazards,
oil, gas and salt hazards, or former mineral mining operations, mineral
aggregate operations or petroleum resource operations may be permitted
only if rehabilitation measures to address and mitigate known or
suspected hazards are under-way or have been completed.
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Approved By Ministry of Municipal Affairs on June 17, 2011
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4.16
HUNT CAMPS
4.16.1
For the purpose of this Official Plan, hunt camps are defined as seasonal
camps used for hunting and fishing and which may or may not have direct
access to a public road.
4.16.2
A new hunt camp may be constructed on patent lands or Crown Lands
that do not have direct access to a public road, subject to the
requirements of the Zoning By-law, Provincial approvals as required and
a permit issued under the Ontario Building Code Act. Where access to a
new hunt camp is proposed by means other than direct access to a
maintained Municipal Road or a Provincial Highway the property owner(s)
shall be required to enter into an agreement with the Municipality to
recognize the proposed access and absolve the Municipality of any
liability associated with the access.
4.16.3
The Zoning By-law shall establish performance standards that limit the
scale of hunt camps on properties that do not have direct access to a
Municipal Road or Provincial Highway or hunt camps that are located on
Crown Lands.
4.16.4
The transfer of a hunt camp from the Crown to private ownership shall
be subject to a Zoning By-law Amendment. The intent of the amendment
is to consider an exemption from the established zoning requirement for
the creation of new lots. It will also be a requirement of the amendment
that the structure(s) and septic system comply with the Ontario Building
Code Act.
4.17
LAND USE COMPATIBILITY
4.17 .1
The Municipality recognizes the need for land use compatibility. Land
uses such as residential, schools, elder care facilities, hospitals, and day
nurseries, are considered sensitive to noise, vibration, odour or other
emissions associated with various types of industries. It is a policy of the
Official Plan that incompatible land uses be separated and/or otherwise
buffered from each other. Where a proposed development is located
adjacent to a potentially incompatible land use, an assessment of the
compatibility of the proposal shall be required in accordance
with
Provincial guidelines, including those prepared by the Ministry of
Environment. An assessment of noise, odour, air quality, traffic and other
potential environmental impacts may be required.
4.17 .2
This assessment shall be prepared to the satisfaction of Council and the
appropriate agencies and shall include recommendations on how the
impacts can be mitigated. The approval of development proposals shall
be based upon the achievement of adequate separation distances,
buffering, the implementation of the recommendation of the required
Municipality of Callander
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Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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studies and the registration of any notices on title. The Municipality shall
use the Zoning By-law and site plan control to provide compatibility
between land uses.
4.18
POTENTIALLY CONTAMINATED SITES
4.18.1
Potentially contaminated sites include lands, buildings and structures
where the environmental condition of the property and the quality of the
soil or groundwater, as a result of current or past land uses may have the
potential for adverse effects to human health or the natural environment.
4.18.2
Complete applications for planning approval will require a completed
screening questionnaire regarding the current and past use of the lands
and the actual or potential contamination of the lands.
4.18.3
The Municipality may require applications for planning approval for
development to be supported by an affidavit from a qualified engineer
indicating that a Phase I Environmental Site Assessment (ESA) has been
completed in accordance with Part XV.1 of the Environmental Protection
Act and Ontario Regulation 153/04 or their successors.
4.18.4
The Municipality will require a Phase II ESA be completed in accordance
with Part XV.1 of the Environmental Protection Act and Ontario
Regulation 153/04 where the Phase I ESA reveals that the site may be
contaminated. The Phase II ESA will provide a sampling and analysis of
the property to confirm and delineate the presence of soil or groundwater
contamination at the site or confirm the absence of contamination.
4.18.5
Prior to planning approvals for subdivision, site plan, and consent
applications from the Municipality for residential development or where
the application is for a change of use to a more sensitive land use than
the sites previous land use, and where the Phase I and II ESA's reveal the
site is or may be contaminated, the applicant shall provide a Record of
Site Condition in accordance with Part XV.1 of the Environmental
Protection Act and Ontario Regulation 153/04 as amended from time to
time. The Record of Site Condition shall be acknowledged by the Ministry
of the Environment and registered on title of the subject lands,
confirming that the site has been remediated and made suitable for the
proposed use. The Record of Site Condition and Ministry of the
Environment acknowledgment shall be provided to the Municipality.
4.18.6
Where the Municipality is to be deeded land for public highways, road
widenings, parkland, stormwater management facilities or any other
public use, the Municipality will require as a condition of the transfer a
Phase I ESA in accordance with Part XV.1 of the Environmental
Municipality of Callander
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Approved By Ministry of Municipal Affairs on June 17, 2011
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Protection Act and Ontario Regulation 153/04 or their successors
confirming that no contamination exists on the land or a Record of Site
Condition and acknowledgement from Ministry of the Environment to
ensure that the lands have been properly remediated where such
contamination was discovered.
4.18.7
The Municipality will require that a Record of Site Condition,
acknowledged by the Ministry of the Environment be submitted for
development applications on sites where there is a gas station with a
license to operate from the Technical Standards and Safety Authority
(TSSA). When the site is being redeveloped for the same use, the
Municipality will require a letter of continued use from the TSSA in place
of the Record of Site Condition. For instances where contamination has
extended onto a Municipality road or other municipal lands, the
Municipality will require that an Off-site Management Agreement and
Remedial Action Plan pursuant to the Environmental Protection Act be
implemented to the satisfaction of the Municipality prior to the issuance
of a building permit.
4.18.8
In managing development on potentially contaminated sites, the
Municipality should:
a)
identify and inventory those lands that are suspected or known to
be contaminated;
b)
inform the applicant upon receipt of an application for
development of any such site where contamination could be
problematic given the nature of the proposed use(s); and,
c)
secure conditions and/or agreements as part of the planning
review and approval process to ensure a Phase I or II ESA is carried
out in accordance with this Plan.
4.19
PUBLIC LAND USES
4.19.1
Except as may be otherwise specifically stated in this Plan, it shall be a
policy of this Plan to permit the use of any land or the use of any building
or structure, for the purposes of public service by this Municipality, any
telephone company, any natural gas company or any Department or
Ministry of the Government of Ontario or of Canada or authorized
contractors/agents of the Ministry or Agency. All public uses shall have
regard to the specific Official Plan policies and zoning regulations for the
designation and zone within which they are located. It is a policy of this
Plan that public uses shall be directed away from lands designated
Environmental Protection or support a natural heritage feature.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
28
August 25, 2011
4.19.2
Public service uses shall not include waste management facilities, waste
disposal operations, facilities operated by or for the Ministry of
Corrections, or other similar uses. Such uses shall only be permitted in
accordance with this Plan, and may require an Environmental Impact
Assessment including social, financial and servicing aspects of such
development.
4.19.3
All existing electric power facilities and the development of any new
electric power facilities, including all works as defined in the Power
Corporations Act, such as transmission lines, transformer stations and
distributing stations, shall 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.
4.20
SENSITIVE FISH HABITAT
4.20.1
Schedule B outlines areas that have been identified as Sensitive Fish
Habitat. These areas are important feeding, spawning and nursery areas
and must be protected to ensure a healthy population of sports fish in the
Municipality and in the watershed.
4.20.2
New lots fronting onto Sensitive Fish Habitat areas shown on Schedule B
shall be sufficiently large to provide an area of at least 10 metres of
frontage that is outside of the significant habitat area. Larger scale Fish
Habitat Classification mapping shall be consulted when development
applications are being considered. Where the shoreline has not been
evaluated in terms of fish habitat by the Ministry of Natural Resources,
it shall be treated as Sensitive Fish Habitat, pending further assessment.
4.20.3
Where there is no reasonable alternative to locating waterfront activity
areas outside of the identified fish habitat areas or areas of unknown fish
habitat or where setbacks cannot be met, development may only be
permitted where it is demonstrated to the satisfaction of the Municipality
and the Department of Fisheries and Oceans that there will be no
negative impact on significant fish habitat. The only exception would be
where the Department of Fisheries and Oceans has previously authorized
a "Harmful Alteration, Disruption or Destruction" of fish habitat as
provided for under the Federal Fisheries Act. Proponents of development
in these areas shall be required to submit an Environmental Impact
Assessment report from a qualified professional identifying the nature of
the fish habitat and limits of the fish habitat areas and providing
recommendations regarding preservation of the habitat.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
29
August 25, 2011
4.21
SOURCE WATER PROTECTION
4.21.1
At the time of the preparation of this Plan, the North Bay Mattawa
Conservation Authority is in the process of developing the Source Water
Protection Plan for the City of North Bay and surrounding communities.
Upon the completion of the Plan, the Municipality of Callander may
undertake an amendment to the Official Plan to assist with the
implementation of the local Source Protection Plan.
4.21.2
At the present time residents in the Municipality obtain drinking water
from Callander Bay and private wells. It is a policy of this Plan to:
a)
protect the quality and quantity of water available for drinking
water purposes;
b)
manage water resources in a manner that ensures an adequate
sustainable supply of clean water for both human use and the
natural environment;
c)
protect existing surface and ground water quality from
degradation and to improve and restore water quality where
degraded;
d)
incorporate source protection objectives into the land use
planning process to ensure that the sources of water are not
compromised in the future as a result of land use decisions;
e)
encourage the establishment of water conservation measures as a
way to meet water supply needs in the same manner that
alternatives to create new supplies are investigated;
f)
amend both this Plan and the implementing Zoning By-law as may
be necessary to restrict uses in headwater or recharge areas if
there is an inherent risk of contamination, and,
g)
educate the public on the value of protecting the resource and
how they can contribute to its protection.
4.21.3
Major applications for development in close proximity to development
serviced by private wells shall be supported by a Hydrogeological Report.
Major applications shall include any development requiring an
Amendment to this Plan. In addition, a Hydrogeological Report may be
required for other applications in accordance with the policies of this
Plan.
4.21.4
The purpose of the Hydrogeological Report is to investigate the impacts
of the proposed development on water quality and quantity and provide
recommendations on:
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
a)
how to maintain or enhance the hydrological function of the water
resource;
b)
how to minimize or eliminate the effect of the proposed use on
the groundwater recharge and discharge function;
c)
how to minimize or eliminate the effect of the proposed use on
the quality and quantity of drinking water in adjacent private and
municipal wells;
d)
how
to
maintain
or
enhance
sensitive
groundwater
recharge/discharge areas, aquifers and headwater areas;
e)
whether it is necessary to monitor water budgets for groundwater
aquifers and surface water features; and,
f)
how to ensure that the quality of the watercourses affected by
the development are maintained.
4.21.5
On the lands identified on Schedule "C" as Source Water Intake Protection
Zone One (SW IPZ-1) The Municipality shall prohibit the future
establishment of a land use that involves the storage of pesticides including
the retail sale, manufacturing, processing, and wholesaling thereof where
the threat from the storage of pesticides is significant. Further the
Municipality shall prohibit the future establishment of a salt storage facility
greater than 5,000 tonnes as the threat from the storage of road salt and
as a snow storage facility or snow dump (areas where snow is likely to be
transported from offsite) where the threat from their establishment could
be significant. (OPA 01-2015)
4.21.6
On the lands identified on Schedule "C" as Source Water Intake Protection
Zone One and Two (SW IPZ-1 and-2) the Municipality shall prohibit the
future uses specifically including, the storage of agricultural source
material, the handling and storage of non-agricultural source material, the
handling and storage of commercial fertilizer and the use of land as
livestock grazing or pasturing land, an outdoor confinement area or farm-
animal yard, as the threat from such uses would be significant. (OPA 01-
2015)
4.21.7
On the lands identified on Schedule "C1" as Source Water Callander Issue
Contributing Area (SW ICA), the Municipality shall prohibit the future use
of land as storage of tailings from a mine or mine tailings pond, only if
related to a circumstance containing phosphorus. (OPA 01-2015)
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
31
August 25, 2011
4.22
STORMWATER MANAGEMENT
4.22.1
The Municipality will examine options for improving the quality of
stormwater run-off in the Callander Settlement Area as a means to
improve water quality in Callander Bay.
4.22.2
All commercial, industrial, institutional, recreational and multiple
residential development proposals shall be supported by a Stormwater
Management (SWM) report/brief. The content and scope of the SWM
report/brief shall be determined when the development is proposed.
4.22.3
The SWM Report shall be prepared to the satisfaction of the Municipality
and the appropriate agencies and be prepared in accordance with The
Ministry of Environment Stormwater Management Planning and Design
Manual, 2003, or its successor. The Stormwater Management report/brief
shall:
a)
provide recommendations on a stormwater quantity system that
ensures that post-development peak flow will not be greater than
the pre-development levels for storms up to and including the
Regional storm and the 1:100 year storm event;
b)
document the possible impacts of development on watershed flow
regimes including their interconnection with groundwater
resources;
c)
provide recommendations on how to maintain post-development
water quality and improve run-off where appropriate;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
d)
document the means by which stormwater volume control will be
provided; and,
e)
determine and describe the necessary site management measures
required to be undertaken during construction to mitigate the
potential negative impact of development.
4.22.4
All stormwater management facilities in a Plan of Subdivision shall be
placed in an appropriate Zone in the implementing Zoning By-law to
reflect the potential for these lands to be flooded and to ensure that their
intended use is recognized. Stormwater management facilities for
condominium developments and other large single uses may be privately
owned and maintained. Agreements with the Municipality shall be
required as a condition of approval to provide for their continued
maintenance.
4.22.5
A stormwater management plan/report shall be reviewed and approved
by the Ministry of Transportation for those developments located
adjacent to or in the vicinity of a provincial highway whose drainage
would impact a highway downstream.
4.23
SURFACE WATER QUALITY
4.23.1
Preservation of water quality is a significant consideration in reviewing
any development proposal adjacent to any lake or stream. Septic systems
shall be located at least 30 metres from the high water mark of the
waterbody unless increased setbacks are required in accordance with
section 5.2.4.4 of this Plan.
4.23.2
As a condition of development approval, the existing natural shoreline
vegetation shall be preserved within 20 metres of the shoreline of a lake
or stream wherever possible except for the removal of hazardous trees
and a limited area to allow a pathway to the shoreline.
4.23.3
Council will encourage the analysis of surface water impact on a
watershed basis. Where proponents of development are required to
prepare reports to address water quality impacts, consideration must be
given to the downstream impacts of the development and the cumulative
impacts of development on water quality.
4.23.4
Where development would result in a significant increase in storm water
run-off, the Municipality shall require the proponent to complete storm
water management works that will ensure that off-site surface water
quality and quantity is not adversely impacted by the development to the
satisfaction of the Municipal Engineer and or the Conservation Authority.
Direct outfalls to surface waters should be avoided and wherever possible
developments shall utilize infiltration as a method for
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
33
August 25, 2011
storm water management. Naturalized storm water management
facilities such as infiltration trenches, grassed swales and retention and
reuse of storm water will be required in all new developments.
4.23.5
In addition to these policies, in recognition that the Municipal water
supply comes from Callander Bay, the provisions of Section 4.21 shall also
be considered.
4.24
TRANSCANADA PIPELINES
4.24.1
TransCanada Pipelines Limited operates two high pressure natural gas
pipelines within its rights-of-way which cross through the Municipality and
is identified on Schedule A to this Plan. Any development within
200 metres of TransCanada's facilities may affect the safety and integrity
of the pipelines.
4.24.2
TransCanada is regulated by the National Energy Board which, in addition
to TransCanada, has a number of requirements regulating development
in proximity to the pipelines. This includes approval requirements for
activities on or within 30 metres of the right-of-way such as excavations,
blasting and any movement of heavy equipment. New development can
result in increasing the population density in the area which may result
in TransCanada being required to replace its pipeline to comply with CSA
Code Z662. Therefore, the Municipality shall require early consultation
with TransCanada for any development proposals within 200 metres of its
facilities.
4.24.3
A setback of 7 metres shall be maintained from the limits of the right- of-
way for all permanent structures and excavations. A reduction in the 7
metre setback will only be considered if it can be demonstrated, to
TransCanada's satisfaction, that it will not compromise the safety and
integrity of the pipeline and if all necessary municipal approvals are
obtained.
4.24.4
In areas of urban development, the Municipality will encourage the
development of TransCanada's right-of-way for passive parkland or open
space purposes subject to TransCanada's easement rights.
4.25
TRANSPORTATION
4.25.1
All proposed development adjacent to or in proximity to a provincial
highway is subject to the safety and geometric requirements and permits
of the Ministry of Transportation.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
34
August 25, 2011
4.25.2
New development in close proximity to transportation facilities shall be
designed to meet Ministry of Environment Guidelines related to noise.
Specific reference should be made to MOE publication LU-131, Noise
Assessment Criteria in Land Use Planning.
4.26
WATER TAKING AND SOURCE PROTECTION
4.26.1
It is the Municipality's objective to be involved in the process of approving
and considering applications that involve commercial water taking for the
purpose of resale of water as a commercial use. It is also Council's goal
to ensure that a process is established whereby landowners in the vicinity
of proposed water taking are informed of a proposed taking and given an
opportunity to comment on the proposal.
4.26.2
It is recognized that the approval of all applications for water taking rests
with the Ministry of Environment, in accordance with the Ontario Water
Resources Act, as amended. The taking of more than 50,000 litres of
ground or surface water per day or a commercial water taking is deemed
to be a land use.
4.26.3
The implementation of this policy shall occur through a Zoning By-law
amendment. On this basis, the Implementing Zoning By-law shall include
water taking as a land use to be regulated by the Municipality.
4.26.4
In preparing the Implementing Zoning By-law, the Municipality shall
determine which type of water taking will require a rezoning and under
what conditions such a zoning change could be granted. If a water taking
requires a rezoning Council shall be satisfied that at a minimum:
a)
the quality of groundwater and surface water in the area will be
maintained and, where possible, improved or restored;
b)
the quantity of water available for other uses in the area and that
base flow for rivers and streams, wetlands and other waterbodies
in the watershed will not be affected; and,
c)
the taking of water does not preclude other developments in the
area envisioned by this Plan.
4.26.5
As a condition of approval, Council may also require the proponent to
enter into a monitoring program and financial assurance agreement to
ensure that Council has the ability to ensure that neighbouring drinking
water supplies are not affected by the extraction. If it is deemed that
the extraction is having a negative impact on the quality and/or overall
quantity of water available in the area, Council will have the ability,
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
35
August 25, 2011
pursuant to the monitoring and financial assurance agreement, to require
the water extraction to decrease or cease or require mitigative measures
be undertaken.
4.26.6
As part of its commitment to source water protection, the Municipality
may establish a Source Water Protection Program to protect the ground
and surface water systems in the Municipality. The program may include
a number of initiatives including but not limited to the following:
a)
A co-operative program with property owners may be established
to limit fertilizer and pesticide applications, manage natural areas
and grass cover and replacement, replace and/or upgrade heating
oil storage tanks, limit vehicle repair and maintenance, and better
manage residential fuel and chemical storage;
b)
Reduction or the elimination of roadside salt use within areas that
may impact surface or groundwater;
c)
Reduction or the elimination of fertilizer and pesticide use on
public lands;
d)
Develop a spills action plan; and
e)
Develop a regular sewage system re-inspection program.
4.27
WAYSIDE PITS AND QUARRIES
4.27.1
Wayside pits and quarries will be defined in the Implementing Zoning By-
law(s) in accordance with Provincial policy. Wayside pits and/or quarries
are temporary excavations made for the removal of sand or gravel or
bedrock aggregate and are opened and used by a public road authority
(or its authorized contractor) for the purpose of a particular project or
contract of road construction.
4.27.2
Wayside pits and quarries, as well as portable asphalt and concrete plants
used on public authority contracts shall be permitted in all land use
designations without amendment to this Plan or the Zoning By-law, or
development permit except on lands within the Callander Settlement
Area, and lands designated Shoreline Area and Environmental Protection
Area, or lands adjacent to existing or proposed residential development,
and not within 300 metres of any lakes or watercourses as these areas
have been determined to be incompatible with extraction and associated
activities.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
36
August 25, 2011
4.28
WETLANDS
4.28.1
There is one very large provincially significant wetland along the north
shore of Callander Bay within the Municipality which is designated
Environmental Protection on Schedule A. This area is to be protected and
maintained in a natural state. Development and site alteration is not
permitted in this significant wetland or within 30m of the limit of this
wetland.
4.28.2
Development and site alteration generally shall not be permitted on lands
adjacent to a provincially significant wetland. Where development is
proposed within 120 meters of a provincially significant wetland, the
proponent shall submit an Environmental Impact Assessment Report
identifying and evaluating the ecological function of the adjacent lands.
Development may be permitted if it has been demonstrated to the
Conservation Authority and Council that there will be no negative impacts
on the natural features or their ecological functions of the adjacent
wetlands.
4.28.3
Where studies support the identification of additional provincially
significant wetlands after this Plan is adopted, Schedule B and the
implementing Zoning By-law will be modified to illustrate those wetlands.
Development and site alteration is not permitted in a provincially
significant wetland.
4.28.4
Locally significant wetlands are shown as Locally Significant Wetlands on
Schedule B. Wherever possible these areas should be left in their natural
state.
4.28.5
Development and site alteration generally shall not be permitted on
adjacent lands of a locally significant wetland. Where development is
proposed within 30 meters of a locally significant wetland, the proponent
shall submit an Environmental Impact Assessment Report identifying and
evaluating the ecological function of the adjacent lands. Development
may be permitted if it has been demonstrated to the Conservation
Authority and Council that there will be no negative impacts on the
natural features or their ecological functions.
4.28.6
Where it can be demonstrated to the satisfaction of Council and the
Conservation Authority that there is no reasonable alternative for the
logical development of lands other than to develop a portion of lands
within 30m a locally significant wetland, the Municipality will impose site
plan control to ensure that the appropriate mitigation measures are
employed to minimize the impact on the wetland.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
37
August 25, 2011
5.0 RURAL AREA DESIGNATIONS
The policies in this Section of the Plan should be read in conjunction
with Schedule A, the Land Use Plan. These policies apply to specific
designations of lands shown on Schedule A. Prior to the lands being
used in accordance with the policies in this Section of the Plan,
consideration shall be given to the General Development Policies in
Section 4.
5.1
RURAL AREA
The Rural Area designation is identified on Schedule "A" and Schedule
"A-1" and includes those private lands within the corporate limits of the
Municipality outside the Callander Settlement Area. The Rural Area
designation accommodates a range of uses including agriculture, forestry,
linear open space, rural residential, small-scale commercial and
industrial operations. Over the lifetime of this Plan, the Rural Area will
experience limited development to maintain its rural and resource
character and preserve the natural environment.
5.1.1
Objectives
The objectives of the Rural Area designation are to:
a)
encourage the preservation of lands for agricultural uses (where
designated); (OPA 02-2023)
b)
minimize the impacts of development on existing agricultural
operations;
c)
integrate agriculture, forestry, open space, and aggregate and
mining uses in a satisfactory manner;
d)
encourage the preservation of present and future linear trail
systems for the benefit of the residents and visitors to the
Municipality;
e)
recognize existing aggregate extraction uses and permit new or
expansions to existing sand and gravel aggregate operations and
to protect existing operations from incompatible uses;
f)
recognize existing waste management facilities and require new
facilities to amend the Official Plan and Zoning By-law;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
38
August 25, 2011
g)
recognize existing rural residential uses and permit limited new
rural residential development in accordance with the policies of
this Plan;
h)
recognize existing small-scale commercial, industrial, and
institutional uses, and to permit limited new development in
accordance with the policies of this Plan; and,
i)
buffer adjacent lands and uses from the potential negative impact
of the uses permitted within the Rural designation.
5.1.2
Permitted Uses
Permitted uses in the Rural Area designation include:
a)
agriculture uses;
b)
bed and breakfast operations;
c)
forestry;
d)
home occupations and home Industries are also permitted subject
to the policies of this Plan;
e)
linear open space trails;
f)
mineral exploration and development;
g)
minor institutional uses;
h)
sand and gravel extraction operations;
i)
single detached residential dwellings;
j)
small-scale commercial and industrial operations; and
water or resource management activities.
5.1.3
Residential Uses
5.1.3.1
Limited new permanent residential development shall be encouraged to
locate in the Rural Area designation in accordance with the Growth
Management policies of this Plan. New lots shall be located in close
proximity to other residential uses as infilling on existing roadways where
school busing and municipal winter maintenance is presently being
provided. Scattered or isolated development that would result in an
increase in municipal servicing costs shall be discouraged.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
39
August 25, 2011
5.1.3.2
Lots should have a minimum lot size of 1.0 hectares (2.47 acres) and be
serviced by hard surfaced roadways. Development on cul-de-sacs and
dead-end roads should be avoided wherever practical.
5.1.3.3
The creation of new lots shall comply with the minimum distance
separation formulae and the policies outlined in Section 6.0 Land Division.
5.1.3.4
Prior to creating rural residential lots, Council shall be satisfied that there
is a demonstrated need for the development in order to meet the housing
demand in the Municipality and that there is a justifiable reason for this
form of development occurring outside of the settlement area.
5.1.4
Resource Extraction
5.1.4.1
Forestry operations are encouraged to follow sound forest management
practices and shall be set back from all shorelines an appropriate distance
so that clearing and cutting operations do not impact the visual quality
and character of the shoreline. Clear cutting shall be prohibited within
500 metres of Callander Bay, unless carried out in accordance with sound
forest management practices, and maintaining appropriate vegetation
buffers.
5.1.4.2
The establishment of new sand and gravel aggregate operations or the
expansion of existing operations shall be subject to the policies of Section
5.5 of this Plan, and shall require an Amendment to the Zoning By-law.
Extractive uses shall also be subject to Site Plan Control where there is a
need to address site development issues not covered under the Aggregate
Resources Act.
5.1.4.3
Within the Rural Area designation there is considerable land that has
moderate to high potential for mineral exploration and development. The
Rural Area designation permits the exploration, development, production
and closure of mineral and ore mines subject to the applicable regulations
of the Mining Act or other pertinent legislation. Amendments to the
Official Plan and Zoning By-law shall be required for new mines. Interim
uses of these lands are permitted, where the use is compatible with the
eventual use and development of the lands for mining uses. Interim uses
include agriculture, forestry, or passive recreation uses. Resource
extraction is subject to the policies in Section 4.17.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
40
August 25, 2011
5.1.5
Institutional and Employment Uses
It is a general policy of this Plan that community service and institutional
uses shall be directed to the Callander Settlement Area. However, new
minor institutional uses may be permitted in the Rural designation
subject to an Amendment to the Implementing Zoning By- law. Minor
institutional uses may include churches, places of worship, community
centres, clubs, but shall not include recreational camps.
5.1.5.1
It is also a policy of this Plan that existing employment uses (industrial,
commercial, institutional) shall be permitted and shall be appropriately
zoned by the implementing Zoning By-law. It is also a policy of this Plan
to encourage and permit the growth and expansion of these existing uses
subject to the provision of adequate services, appropriate road access,
and meeting the MOE D series guidelines.
5.1.5.2
Small-scale commercial and light industrial uses may be permitted by
Amendment to the Zoning By-law where the use has a low traffic
generation, no nuisance effects on surrounding areas, a scale consistent
with existing uses, and minimal environmental impact.
Before considering an Amendment to the Zoning By-law, Council shall be
satisfied that:
a)
the size of the proposed institutional, commercial or light
industrial use is appropriate for the area;
b)
the building housing the use is set back an appropriate distance
from adjacent uses and from lot lines;
c)
the use is located at least 500 metres (1640 feet) from lands within
the Callander Settlement Area and Shoreline Residential Area
designation;
d)
any noise emanating from the use will not have an adverse impact
on the enjoyment or use of adjacent properties;
e)
an appropriate servicing and stormwater management plan is
established and put in place;
f)
for institutional uses, the location in the Rural Area is necessary
for the use;
g)
for employment uses, the use is required to be located in the Rural
area and is not more appropriately located in the Employment
Area within the Callander Settlement Area; and,
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
41
August 25, 2011
h)
for employment uses, outside storage will be appropriately
screened and buffered from adjacent uses.
5.1.5.3
New golf courses or expansions of existing golf courses that will add lands
not presently within the development envelope shall require an
Amendment to the Zoning By-law.
5.1.5.4
Institutional and employment uses shall be subject to Site Plan Control.
5.1.6
Minimum Distance Separation
5.1.6.1
All farm and non-farm development will comply with the Minimum
Distance Separation formulae established by the Province in order to
minimize odour conflicts between livestock facilities and development,
as amended from time to time.
5.2
SHORELINE AREA
The Shoreline Area designation recognizes the areas of existing or
future development adjacent to Lake Nipissing.
5.2.1
Objectives
The objectives of the Shoreline Area designation are to:
a)
identify the ecosystem and community that is physically,
functionally and socially focused on the lakes and rivers in the
Municipality;
b)
ensure that the water quality of Lake Nipissing is maintained or
improved;
c)
preserve the visual qualities that attract people to the waterfront;
d)
maintain and protect the character of the shoreline residential
areas;
e)
protect the natural features of the Shoreline Area and the
immediate shoreline including fish habitat; and,
f)
to establish specific development guidelines for Callander Bay to
address water quality issues.
5.2.2
Permitted Uses
Permitted uses in the Shoreline Area designation include:
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
42
August 25, 2011
a)
low density residential uses;
b)
parkland and natural areas;
c)
recreational and tourist commercial uses including recreational
camps; and,
d)
small-scale industrial and commercial uses directly servicing the
waterfront community.
5.2.3
Residential Uses
5.2.3.1
Many of the dwellings in the Shoreline Area described above were
designed for seasonal occupancy and as a result, may be serviced by
septic systems that are not designed in accordance with current
standards. Conversions of seasonal dwellings to permanent use or
reconstruction of dwellings that result in an increase in the gross floor
area of 25 percent or more shall be considered as new residential
development.
5.2.3.2
Given that many of the dwellings in the Shoreline Area are occupied on a
year-round basis and that many are serviced by municipal roads that are
maintained on a year-round basis, it is the intent of this Plan that the
implementing Zoning By-law will permit both seasonal and permanent
occupancy in these areas.
5.2.3.3
The intent of this Plan is to ensure that existing septic systems in these
areas shall be upgraded to current standards utilizing phosphate removing
technology and that an appropriate water supply is available for each
dwelling unit. Holding tanks will not be permitted for new development
or re-development.
5.2.3.4
The Zoning By-law will establish a minimum 30 metre setback between
septic systems and water courses. In "emergency" situations, on existing
lots containing development, existing on-site subsurface sewage disposal
tile beds less than 30 metres (98.43 feet) setback, may be replaced
provided the replacement system is no closer to the shoreline and is not
increased in size to accommodate additional development. For the
purposes of this section, an "emergency" situation is defined as a failed
or failing septic system as determined by the Nort Bay-Matawa
Conservation Authority. (OPA 02-2023)
5.2.3.5
A sewage system re-inspection program will be encouraged in the
Shoreline Area of the Municipality. The intent of such a program would
be to identify areas of concern, conduct an inspection of systems in these
areas and implement a program to repair faulty septic systems that may
have an impact on public health. Such repairs would be carried out at
the owner's expense. It would not be the intent of such a re-inspection
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
43
August 25, 2011
program to require landowners to upgrade their system to current
standards if there is no physical evidence at the time of the re- inspection
that the system has a negative impact on public health.
5.2.3.6
Prior to the issuance of a Building Permit for the above noted
improvements the Municipality shall require confirmation that the well
servicing the dwelling, if there is a well supplying water to the dwelling,
is located on the same lot as the dwelling. If the well servicing the
dwelling is not located on the same lot, legal access to the water supply
from another lot shall be required.
5.2.3.7
New residential development shall consist primarily of single detached
dwellings on separate lots. New lots should have at least 60 (OPA 02-
2024) metres of shoreline frontage and should have a lot area of 1.0 ha.
Larger lots may be required in areas where environmental or physical
constraints exist on the lands or sensitive fish habitat. All development
on islands and water access lots should have a frontage of 60 (OPA 02-
2024) metres and should have an area of 1.0 hectares. Reduced frontage
can be considered where it is appropriate, based on compatibility of the
area and the adjacent land uses/lot sizes and any environmental or
physical constraints. (OPA 02-2023)
5.2.3.8
New multiple residential development including condominium, time-
share, fractional ownership and developments that combine residential
and commercial uses shall require an Amendment to this Plan.
5.2.3.9
All new development including conversions from seasonal to permanent
use shall utilize sewage disposal systems in accordance with section
5.2.4.4 that will significantly reduce or prevent the migration of
phosphorus and nitrogen into the adjacent waterbody.
5.2.3.10
Residential development may take the form of cluster developments
where the residential development is set back from the waterfront and
the waterfront area is maintained as open space for the use of abutting
landowners. In such instances there shall be a minimum frontage of 20
metres (66 feet) of frontage on the waterbody per unit and a maximum
of 2.5 units per gross hectare (1 unit per acre). This development shall
occur by Plan of Subdivision or Condominium, which would require an
Amendment to this Plan. (OPA 02-2023)
5.2.4
Limits of Shoreline Development
5.2.4.1
It is the intent of this Plan that new development in the Shoreline Area
be directed to lands that are physically suitable for development in their
natural state in an effort to maintain the area's unique character.
Creating lands that are suitable for development by blasting or filling the
natural landscape or dredging the lake bottom shall not be permitted.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
44
August 25, 2011
5.2.4.2
New residential development in the Shoreline Area designation shall be
limited to small-scale subdivisions, condominium or minor infilling by
consent to sever.
5.2.4.3
Applications for development within the Shoreline Area designation will
be evaluated and based on the submission of a Site Evaluation Report
which shall provide the following information:
a)
Sufficient information about the nature of the lands, the
development proposal, and potential impacts on water quality in
accordance with Section 4.2 (Water Quality) of this Plan;
b)
Site specific information such as a description of the lands,
location, slope and soil characteristics, vegetation, drainage,
erosion and flooding characteristics;
c)
Description of the larger area around the site, detailing the
surrounding land use and environment;
d)
Environmentally sensitive areas shall be identified and analyzed,
including wetlands, significant fish habitat, and wildlife habitat;
e)
Potential impacts of the development should be identified
including lake water quality impacts, storm water quality and
quantity impacts, erosion, vegetation, habitat, shoreline and
visual/aesthetic impacts;
f)
The Site Evaluation Report shall assess the constraints to
development and address how the constraints can be managed or
mitigated effectively through the utilization of appropriate
development control techniques including site plan control;
g)
The report shall also address the appropriateness of the proposed
development and its ability to satisfy the principles and goals of
this Plan; and,
h)
The Municipality may develop and approve guidelines or "Terms
of Reference" for the preparation of Site Evaluation Reports and
all reports shall be prepared in accordance with the approved
guidelines/terms of reference.
5.2.4.4
Callander Bay is considered over-capacity from a biological water quality
perspective. Development on Callander Bay and adjacent to the Wasi
River shall only be permitted where the following conditions may exist
and development may occur:
a)
The severance is to separate existing habitable dwellings, each of
which has a separate septic system, provided that the land use
would not change; or
Municipality of Callander
Official Plan
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Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
45
August 25, 2011
b)
All new tile fields are set back at least 300 metres from the
shoreline of Callander Bay and the Wasi River; or
c)
Where a site-specific soils investigation prepared by a qualified
professional demonstrates that phosphorous can be retained in
soils on-site. A site-specific soils investigation prepared by a
qualified professional is required showing the following site
conditions:
-
The site where the septic tile-bed is to be located, and the
region below and 15 metres down-gradient of this site, toward
the lakeshore or a permanently-flowing tributary, across the
full width of the tile bed, consists of deep (more than three
metres), native and undisturbed, non -calcareous (<1% CaCO3
equivalent by weight) overburden with acid- extractable
concentrations of iron and aluminium of >1% equivalent by
weight. Soil depth shall be assessed with test pits and
boreholes at several sites. Samples for soils chemistry and
grain size should be taken at a depth adjacent to, or below,
the proposed tile bed; and
-
An unsaturated zone of at least 1 ½ metres depth exists
between the tile bed and the shallowest depth (maximum)
extent of the water table. The position of the water table
shall be assessed with test pits during the periods of maximum
soils saturation (e.g. spring, following snowmelt or late fall).
d)
For development that is permitted as per (a), (b) or (c) above,
agreements pursuant to the Planning Act will be registered on title
to ensure the following for each lot created:
-
If additional fill material is required when constructing the
tile bed for the sewage disposal system to meet the
requirements of the Ontario Building Code (i.e. percolation
test), it shall consist of silt free, fine to medium-grained non-
calcareous soils (sediments; <1% CaCO3equivalent by weight)
with acid-extractable concentration of >1% equivalent by
weight;
-
Design of the septic system shall include a pump-dosing or
equivalent technology to uniformly distribute septic effluent
over the tile bed;
-
Provision of a 30 metre minimum undisturbed shoreline buffer
and soils mantle with the exception of a pervious pathway;
-
Preparation of a stormwater management report and a
construction
mitigation
plan
(including
phosphorus
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
46
August 25, 2011
attenuation measures such as directing runoff and overland
drainage from driveways, parking areas, other hard surfaces
to soak away pits, infiltration facilities, vegetated filter strips
and/or beds; and,
-
Location
of
the
tile
bed
in
accordance
with
the
recommendations of the site-specific soils investigation.
5.2.5
Commercial Uses
5.2.5.1
It is the intent of this Plan to provide for the continuation of existing
tourist establishments and resort commercial uses and, wherever
possible, to allow the further development of this component of the local
economic base in keeping with changing lifestyles and leisure activities.
5.2.5.2
The resort commercial uses permitted in the Shoreline Area designation
shall be limited to tourist establishments and resorts, or other similar
uses and facilities which are privately owned and operated to provide
accommodation on a temporary basis. These uses include tent and trailer
camps, rental cabins and housekeeping cottages, lodges, motels, marinas
or other similar recreational commercial uses. Ancillary uses and
activities, such as indoor and outdoor recreational facilities, retail
commercial uses of a convenience nature, or eating establishments which
primarily serve the needs of persons using the resort commercial use shall
also be permitted. Residential accommodation shall also be permitted
for the accommodation of the owner or caretaker or other similar
personal and staff members.
5.2.6
Resort Commercial Uses
5.2.6.1
When considering proposals to expand existing operations or develop new
resort commercial uses, the following policies shall be considered:
a)
Regard shall be had for the layout and design of resort commercial
areas such that the internal road pattern provides for the
adequate movement of vehicular traffic. Access points to and
from public roads shall be limited in number and designed in such
a manner that will minimize the danger to both vehicular and
pedestrian traffic;
b)
It is the intent of this Plan to ensure increased setbacks of large
scale development from the shoreline. Setbacks for buildings,
structures and uses requiring proximity to the water such as docks,
boat houses, marina service facilities and water pumping
equipment shall be identified in the Zoning By-law;
c)
An application for development of a resort commercial use which
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
47
August 25, 2011
requires an Amendment to the implementing Zoning By-law shall
be accompanied by a detailed hydrogeological report with respect
to the adequacy of groundwater supplies and the ability of the
soils to sustain development on the basis of private services. All
private water supply and effluent treatment systems shall be
installed in accordance with the authority responsible for their
approval. Sewage treatment systems shall require tertiary
treatment to remove phosphorous and nitrogen;
d)
Regard shall be had for the physical suitability of the site, the
adequacy of vegetative cover, the location of the proposed site
relative to the land use policies and designations contained in this
Plan; and,
e)
The provision of adequate setbacks, buffer planting and
landscaped open space, the design and location of off-street
parking facilities and access points, and the location of signs and
outdoor lighting so as to provide for a reasonable degree of
compatibility with adjacent land uses.
5.2.7
Site Plan
5.2.7.1
An application for an Amendment to this Plan or the implementing Zoning
By-law to allow for the development of a resort commercial use shall be
accompanied by a site plan prepared in accordance with the site plan
provisions of this Plan.
5.2.8
Tourist Commercial Uses
5.2.8.1
Tourist Commercial developments may be permitted on the basis of 6
metres (20 feet) per accommodation unit frontage on the waterbody and
a maximum density that does not exceed 10 units per hectare (4 units per
acre) where a unit is defined as a rental cottage or a camp site, or room
in a hotel, motel, lodge or similar arrangement of units.
5.2.8.2
Densities up to 25 percent in excess of these requirements may be
permitted through an Amendment to the Zoning By-law subject to the
developer entering into a Site Plan Agreement with the Municipality that
ensures the development of additional facilities such as a golf course,
swimming pools or other significant land based recreational facilities.
5.2.8.3
Conversion of existing tourist commercial uses to residential uses is
discouraged. Prior to considering an application to amend the Zoning By-
law to permit residential uses, including fractional ownership and time-
share uses Council shall be satisfied that the change in use has a positive
long-term impact on the economy and the environment and the
Municipality of Callander
Official Plan
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Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
surrounding area.
5.2.9
Fractional Ownership
5.2.9.1
Densities permitted for developments based on fractional ownership shall
be based on the nature and built form of the development. Developments
in the form of individual cottages shall meet the frontage and density
requirements for residential uses. Developments in the form of tourist
resorts utilizing multiple unit buildings with communal facilities and
commercial services shall be based on the policies for tourist commercial
developments.
5.2.10
Undeveloped Land
5.2.10.1
The Shoreline Area designation includes lands that are still in a natural
state and are primarily undeveloped. The inclusion of these lands in the
Shoreline Area designation does not imply that all of these lands will
ultimately be developed for residential or commercial uses. However,
this Plan will ensure that the future use of these lands is consistent with
the objectives of the Shoreline Area designation.
5.2.11
Waterfront Design
5.2.11.1
Waterfront Design policies address the complex relationships between all
of the elements of built form, the natural environment and the lake
environment, and focuses on:
a)
the connections between people and these places;
b)
the relationship between buildings and the lake, natural areas and
vegetative buffers, and other uses;
c)
the lake as public domain; and,
d)
the processes for ensuring successful lakeshore communities.
5.2.11.2
It is anticipated that the Municipality's waterfront may see significant
growth and change during the life of this Plan. In order to ensure that the
waterfront areas evolve in a manner that enhances the quality of
waterfront life, it is the desire of Council to create and encourage a high
quality of built form that is sensitive to the Municipality's lake heritage
and relates to the principles listed above. On this basis, the following are
objectives of this Plan relating to waterfront design:
a)
to improve the aesthetic quality of the Municipality's waterfront
built form, and promote development which is based on good
design principles and standards that reflect the goals,
Municipality of Callander
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Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
objectives, and policies of this Plan;
b)
to enhance the unique character of the Municipality's waterfront
areas by encouraging high quality design that is complementary
and compatible with existing development, the Municipality's
natural heritage, and which fosters a strong sense of place;
c)
to exercise appropriate municipal development control in order to
achieve a consistently high quality of site, building and landscape
design;
d)
to be sensitive to the impact of light and sound on the lakeshore
environment; and,
e)
protect significant natural heritage values and ecological
functions.
5.2.12
Waterfront Building Design
5.2.12.1
The design of new buildings should achieve a complementary design
relationship to existing buildings, while accommodating a diversity of
architectural styles, building materials, subdued lighting, energy
conservation techniques and innovative built forms.
5.2.12.2
The design of all buildings shall have regard to appropriate setbacks and
the protection or provision of vegetative buffers along the lakefront.
Buildings should be massed to recognize appropriate scale and provide an
appropriate building height at the waterfront and be architecturally
articulated to provide visual variety and interest. Generally, building
articulation features such as canopies, decks, and varying facade
materials and setbacks should be used to reinforce a lake friendly scale.
5.2.12.3
Buildings in the Shoreline Area will be designed and constructed to blend
in to the natural environment. Council may adopt Design Guidelines for
the Shoreline Area that will include architectural details and landscape
elements that will implement the policies of this Plan. The Zoning By-law
implementing this Official Plan will include regulations that will:
a)
limit lot coverage up to a maximum of 10 percent of the lot area
within the front 60 metres of the lot, and impose total coverage
regulations which may be less than permissible lot coverage;
b)
limit the size of the waterfront dwellings based on the height of
the dwelling;
c)
limit the expansion and additions to existing dwellings where the
building does not comply with the By-law performance standards
Municipality of Callander
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Consolidated Version including Ministry of Modifications
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August 25, 2011
including shoreline setbacks;
d)
limit the height of buildings within the front 60 metres of a lot to
ensure that the building height does not intercept the natural tree
line when viewed from the water;
e)
limit the size of docks to a maximum percent of the shoreline
frontage of the lot or a defined size, whichever is greater;
f)
boathouses, which include boat ports, may be permitted as
established by the implementing Zoning By-law which will specify:
i)
minimum lot frontage standards to permit boathouses
including boat ports;
ii)
maximum height and width standards;
iii)
maximum size of boathouses.
g)
Width, height and setback standards in the implementing Zoning
By-law will limit the visual impact of boathouses on adjacent lands
and on the natural quality of the shoreline.
5.2.12.4
Council will require site plan approval for all new development in the
Shoreline Areas.
5.2.13
Waterfront Vegetation Natural Area Design and Tree Preservation
5.2.13.1
Natural features shall dominate the shoreline. Lands fronting onto
Callander Bay will require that up to 90 percent of the front 20 metres of
a lot be maintained in a natural vegetative state. On the remainder of
Lake Nipissing a 15 metre wide vegetative buffer shall be provided
adjacent to the shoreline.
5.2.13.2
Vegetation buffers and landscaping are a major contributor to a quality
lakefront. A high quality of natural area preservation and landscape
design will be required to enhance the visual aesthetics of development
and to enhance the site and waterfront compatibility.
5.2.13.3
Landscaping utilizing natural vegetation and indigenous species only shall
be used to screen or buffer development from adjacent uses, and
mitigate the visual impact of the development, where necessary.
5.2.13.4
Landscape materials shall be selected for their ecological characteristics.
Native species are encouraged, and invasive species or species requiring
use of pesticides, herbicides and fertilizers shall be discouraged.
5.2.13.5
Landscaping can play an important role in delineating a site's side yards
Municipality of Callander
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Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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and often provides a visual break. Existing natural areas between uses
should be preserved wherever possible.
5.2.13.6
Significant treed areas on a development site shall generally be
preserved, maintained and integrated into the new landscape design.
5.2.13.7
Landscaping requirements shall be implemented through Site Plan
Control and shall be included in Waterfront Design Guidelines when they
are prepared.
5.2.14
Waterfront and Adjacent Development
5.2.14.1
Non-residential buildings higher than two storeys should be designed to
minimize overlook conditions particularly if located adjacent to existing
residential dwellings. Massing strategies such as stepping down towards
buildings of lower height should be employed to minimize impacts.
5.2.14.2
Development on private lands shall be designed with the intent of
recognizing the relationship between the public realm and adjacent land
uses.
5.2.14.3
Noise generating activities should be located away from sensitive land
uses, such as residential areas and waterfront areas, and buffered as
necessary.
5.2.14.4
Lighting shall be designed to minimize light trespass onto adjacent lands
and the water.
5.2.14.5
When a non-residential 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 shadowing and
high wind speeds. Site Plan applications may be required to submit wind
and/or shadow studies to address such potential conditions.
5.2.14.6
Landscaping plays an important role in buffering potential negative
effects. There should be a wide and generously-planted landscape strip
using a combination of deciduous and coniferous trees; as well as opaque
fencing with noise attenuation properties where required, along the
property line abutting existing residential development.
5.2.14.7
When a non-residential development abuts a street with a residential use
on the opposite side, the frontage should be treated with a wide
landscaped strip.
5.2.14.8
On large sites, efforts should be made to encourage pedestrian linkages
between uses and adjacent sites.
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Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
5.3
ENVIRONMENTAL PROTECTION AREA
The Environmental Protection Area designation comprises land and water
areas containing natural features or ecological functions of Provincial and
local significance as identified by the Province, Conservation Authority or
the Municipality. These lands possess physical characteristics, which
would cause severe property damage or loss of life if development was
permitted. The physical characteristics include flood and erosion
susceptibility, organic soils and extreme slopes. The areas also include
significant wildlife habitat, fish habitat and wetlands. The hazard areas
and environmentally sensitive areas are combined in this designation to
define lands that should not be developed. The North Bay Mattawa
Conservation Authority has jurisdiction over many of these areas.
5.3.1
Objectives
The objectives of the Environmental Protection Area designation are to:
a)
preserve and protect identified wetlands both for the values as
wetlands and to preserve and protect associated habitat;
b)
preserve watercourses and locally significant environmental
features;
c)
preserve areas that contain hazardous lands such as steep slopes
and lands prone to flooding and unstable soils;
d)
preserve and enhance the quality and quantity of ground and
surface water; and,
e)
preserve and enhance areas of sensitive fish habitat;
f)
preserve and enhance areas of significant habitat of endangered
species and threatened species and significant wildlife habitat;
and,
g)
restrict the alteration of the physical and/or biological features
of lands designated Environmental Protection Area.
5.3.2
Permitted Uses
Permitted uses in the Environmental Protection designation include the
following, in accordance with the other policies of this Plan:
a)
archaeological activities;
Municipality of Callander
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Consolidated Version including Ministry of Modifications
53
August 25, 2011
b)
forestry and resource management uses where undertaken in a
manner that minimizes any potential impact on the natural
features and functions of the area;
c)
passive recreational uses, such as nature viewing and pedestrian
trail activities;
d)
snowmobile and biking trails; and,
e)
watershed management and flood and erosion control projects
carried out or supervised by a public agency;.
5.3.3
Natural Heritage Features
5.3.3.1
Policies in this section shall be read in conjunction with policies about
specific types of Natural Heritage Features, namely Deer Wintering Area
(4.7), Sensitive Fish Habitat (4.20) and Wetlands (4.28).
5.3.3.2
Any proposed alteration to an Environmental Protection Area shall be
supported by appropriate justification in the form of an Environmental
Impact Assessment in accordance with Section 4.9.
5.3.3.2
Not all of the natural heritage features in the Municipality have been
designated Environmental Protection Area or incorporated on the Land
Use Schedules at the date of the adoption of this Plan. As new
information becomes available, additional lands may be incorporated into
the Environmental Protection Area designation as part of the five- year
review or as an Amendment to the Official Plan required by the Planning
Act.
5.3.3.3
It is essential that Environmental Protection Areas be protected from
future development to preserve the Municipality's natural environment.
As such, an application for the redesignation of an area of private lands
designated Environmental Protection Area, may be given due
consideration only if it is established to the satisfaction of Council
through an Environmental Impact Study and a peer review confirming that
the lands are not part of the environmental feature and that any
development proposed will have no negative impact on the environmental
feature or function of the area. The scale and the content of the required
studies shall be determined at the time the development is proposed.
5.3.3.4
Nothing in this Official Plan shall be construed to imply that
Environmental Protection Area lands are free and open to the general
public or that such areas will be purchased by the Municipality or any
other public agency.
Municipality of Callander
Official Plan
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Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
54
August 25, 2011
5.3.3.5
Adjacent lands are the lands adjacent to a natural heritage feature within
which potential impacts of a development proposal must be considered.
For the purposes of this Official Plan, adjacent lands are defined as all
lands within:
a)
120 metres of the boundary of a Provincially Significant Wetland
or unclassified wetland in excess of 0.8 ha;
b)
30 metres of the boundary of other wetlands;
c)
30 metres of any watercourse;
d)
50 metres from the boundary of a Provincially or Regionally
Significant Area of Natural and Scientific Interest;
e)
50 metres from the habitat of an endangered or threatened
species;
f)
50 metres from the boundary of a significant fish habitat area;
and,
g)
50 metres from the boundary of a significant wildlife habitat.
The width of the adjacent lands may be increased/decreased,
depending on the feature and the nature of the proposed development.
5.3.3.6
The boundaries of the Environmental Protection Area designation are
delineated in a conceptual manner on Schedule A and A-1 to this Plan.
The extent and exact location of the boundaries are intended to be
delineated in the Implementing Zoning By-law in accordance with
detailed mapping provided by the Province or as produced by the
Municipality, and will not require an Amendment to this Plan. Such lands
will be placed in appropriate environmental zones in the Implementing
Zoning By-law. The precise boundary of any Environmental Protection
Area shall be determined as a component of the required Environmental
Impact Study.
5.3.3.7
The Zoning By-law shall incorporate general setbacks for lot lines,
buildings, structures, parking areas and other similar facilities from lands
designated Environmental Protection Area in relation to the extent and
severity of the hazard or natural environmental features and ecological
functions of the area. The Municipality will evaluate this general setback
for specific development applications, and as established in the Zoning
By-law, to provide the appropriate setback required to protect the area
from the impacts of construction. A greater setback may be required to
reflect specific circumstances.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
55
August 25, 2011
5.3.4
Hazard Lands
5.3.4.1
Hazard lands are those lands with flood and erosion susceptibility, steep
slopes, ravines and organic soils. These areas will not be developed unless
it can be demonstrated to the satisfaction of the Municipality and/or the
Conservation Authority, and in accordance with the Provincial guidelines,
that the hazard no longer exists or that development can occur without
potential threat to life, property or the environment. Hazard land areas
are indicated on Schedule B and are designated Environmental Protection
Area on Schedule A.
5.3.4.2
In the case of flood plains, a study should be prepared by a qualified
hydrological engineer to determine the evaluation and extent of the flood
plain and the potential impact of new development on the flood elevation
and flow velocities.
5.3.4.3
In order to protect life and property, new structural development below
identified flood elevations except for docks, boathouses, hydro-electric
facilities and flood or erosion control structures will not be permitted.
The Municipality will not support the placement or removal of fill below
such elevations unless a site-specific report by a qualified engineer has
demonstrated to Council and the Conservation Authority's satisfaction
that there will not be significant impacts on up-stream or down-stream
lands.
5.3.4.4
The implementing Zoning By-law will identify specific floodplain
elevations in the Municipality where this information is available. In
addition, conditions may be placed on the creation of new lots requiring
site-specific zones to provide elevations and setbacks to ensure adequate
flood protection utilizing a one-zone floodway in which no new
development shall be permitted.
5.3.4.5
Council may consider permitting development below the identified
regulatory flood elevation where a supporting engineering flood plain
study or report is submitted addressing such items as fetch, wind setup,
wave uprush, and potential ice damage. The flood plain study shall be
prepared and stamped by a qualified professional in the relevant field
and shall have regard to all federal and Provincial legislation, policies and
guidelines and best management practices within the field. The study
may be the subject of a peer review.
5.3.4.6
Minor alterations to the boundaries of the hazard lands resulting from
some more detailed mapping, which are implemented in the Zoning By-
law, will not require an Amendment to this Plan provided the general
intent of this Plan is maintained. Existing detailed mapping, regulatory
flood elevations, and setback requirements will be placed in the Zoning
By-law and amended as new mapping becomes available.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
56
August 25, 2011
5.3.4.7
It shall be the policy of this Plan to impose building setbacks from the
hazard lands, the established flood elevations, and erosion hazards in the
Implementing Zoning By-law in relation to the extent and severity of the
existing or potential hazard. It shall also be a policy of this Plan that the
removal or placing of fill in flood plain areas is prohibited. In addition,
new structures, which require by necessity to be located adjacent to the
water, may be permitted subject to the provisions and performance
standards of the Zoning By-law. Major new structures or major expansions
to existing structures which by their nature must be located adjacent to
the water, such as docks, may require the submission of a Flood Plain
Study to determine the appropriateness of the structure and to ensure
that no impacts occur to adjacent lands and structures.
5.3.4.8
Renovation of existing buildings located in these areas may be permitted
provided the structure is flood-proofed to the highest practical extent to
the satisfaction of the Municipality and erosion control mechanisms have
been instituted on the property.
a)
Development in areas of steep slopes and ravines can be
hazardous to structures as well as the visual integrity of the
landscape.
b)
Where development is proposed on slopes greater than 20 percent
existing vegetation must be substantially retained. If vegetation
cannot be substantially maintained, a Site Evaluation Report and
Geo-technical report shall be completed and submitted to the
Municipality, to the satisfaction of the Conservation Authority and
the Municipality and the recommendations implemented in the
development approval process.
c)
Where development is proposed on slopes 40 percent or greater,
a Site Evaluation Report and Geotechnical Report will be required.
d)
Development on Steep Slopes or Ravines shall be subject to Site
Plan Control.
5.4
OPEN SPACE AND PARKLAND
The Open Space and Parkland designation identifies conservation areas,
linear trail corridors, golf courses, marinas and established parks that
contribute to the economic base of the Municipality.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
57
August 25, 2011
5.4.1
Objectives
The objectives of the Open Space and Parkland designation are to:
a)
manage major open space uses in a sustainable manner;
b)
to encourage the preservation of present and future linear trail
systems for the benefit of the residents and visitors to the
Municipality;
c)
to participate and support, where appropriate, the initiatives of
other agencies and groups in establishing or expanding
interconnected linear and other recreational open space systems
within the Municipality; and,
d)
provide opportunities for outdoor recreation for residents and
tourists.
5.4.2
Permitted Uses
Permitted uses in the Open Space and Parkland designation include:
a)
arenas;
b)
community centres;
c)
conservation uses;
d)
forestry uses in accordance with good management practices
e)
golf courses;
f)
linear multi-use trails;
g)
marinas;
h)
passive and active recreational uses;
i)
public and private parks and facilities.
5.4.3
General Policies
5.4.3.1
Where the lands designated Open Space and Parkland are Crown owned,
the Municipality has no planning control. The Municipality will encourage
the Province of Ontario to consult with Council on all decisions with
respect to the future use, development, or disposition of Crown owned
lands within the Municipality.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
58
August 25, 2011
5.4.3.2
The Municipality will ensure that all natural environment land uses are
consistent with the environmental policies of this Plan.
5.4.3.3
The Municipality recognizes the significance of existing trail systems and
shall endeavor to improve connectivity and preserve and protect these
trail networks and major open space systems where feasible.
5.4.3.4
The Municipality will support and participate in, as appropriate, the
initiative of other agencies and interest groups to expand and
interconnect existing linear trail systems.
5.4.3.5
The Municipality shall consider all master plans or management plans
prepared for parks and trail systems when considering all applications for
development adjacent to the trail.
5.4.3.6
The uses of privately owned lands in the Open Space and Parkland
designation include active recreational uses such as golf courses. It is a
policy of this Plan that uses shall be limited to existing uses and activities
and related facilities and operations.
5.4.3.7
The Municipality recognizes the significance of the park areas fronting on
Callander Bay and shall maintain and develop the parks for recreational
uses.
5.4.3.8
New intensive recreational uses or expansions to existing uses, such as
golf courses or cross-country ski and mountain bike facilities, shall only
be permitted through an Amendment to the implementing Zoning By- law.
Applications for new recreational uses shall be supported by appropriate
studies as required by the Municipality and shall include those
studies/investigations deemed necessary by Council and other relevant
agencies and shall include an Environmental Impact Study as required by
this Plan.
5.5
AGGREGATE AND MINERAL EXTRACTIVE AREA
The Aggregate and Mineral Extractive Area designation recognizes the
existing quarry aggregate operations in the Municipality. The Aggregate
and Mineral Extractive Area designation is intended to recognize these
significant industrial operations to permit their continued operation and
expansion and to protect them from inappropriate land uses. This Plan
is based on the premise that quarry operations, in light of the long-term
nature of the extraction and the potential to cause greater impacts on
adjacent environments, land uses and roads, require a separate
designation in the Plan. Stand alone sand and gravel operations, where
no quarrying operations will occur (blasting, drilling, or breaking of
consolidated rock) shall not be placed in this designation unless the owner
intends to eventually commence quarrying.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
59
August 25, 2011
5.5.1
Objectives
The objectives of the Aggregate and Mineral Extractive Area designation
are to:
a)
recognize existing mineral aggregate quarry operations;
b)
protect known aggregate deposits for potential future extraction;
c)
ensure that new mineral aggregate operations are located where
there will be no negative impact on natural heritage features and
functions;
d)
ensure that aggregate operations are developed in an orderly
fashion and thus not creating the necessity for major
improvements to roadways over long distances;
e)
ensure that the haul routes used are appropriate;
f)
ensure that extractive activities are carried out with minimal
environmental and social cost; and,
g)
minimize conflicts between incompatible land uses.
5.5.2
Permitted Uses
Permitted uses in the Aggregate and Mineral Extractive Area designation
include:
a)
accessory office and accessory dwelling use;
b)
forestry, agriculture and resource management uses that do not
preclude or interfere with the use of the lands for aggregate
extraction;
c)
the establishment of permanent concrete batching plants or
asphalt plants or other forms of processing on lands within the
Aggregate Extraction Area designation subject to Council approval
of the appropriate implementing zoning; and,
d)
the extraction of stone, gravel, sand and other aggregates and
associated operations such as crushing, screening, washing and
aggregate storage.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
60
August 25, 2011
5.5.3
General Policies
5.5.3.1
It is the intent of this Plan to ensure that new mineral aggregate quarry
operations or expansions of existing operations are carried out in a
manner that is consistent with the goals and objectives of this Plan. All
aggregate extraction operations are licensed under the Aggregate
Resources Act in the Municipality.
5.5.3.2
All new mineral aggregate quarry operations and/or expansions to
existing mineral aggregate quarry operations onto lands that are not
designated Aggregate and Mineral Extractive Area shall require an
Amendment to the Official Plan. All new sand and gravel or pit
applications shall require an amendment to the Zoning By-law. All such
applications shall be supported by studies that address the effect of the
operation of the mineral aggregate resource use on:
a)
the natural heritage features and ecological functions on the site
and in the area;
b)
nearby communities and residential uses;
c)
agricultural resources and activities;
d)
the character of the area;
e)
the quality and quantity of groundwater and surface water;
f)
the built or cultural heritage resources in the area;
g)
significant geologic formations on the site and in the area;
h)
nearby wells used for drinking water purposes;
i)
ground water recharge areas;
j)
the effect of the increased truck traffic on the natural
environment and the residences in the area;
k)
the suitability of the proposed haul routes;
l)
the effect of the noise, odour, dust and vibration generated by
the proposed use and the use of the haul route on adjacent land
uses;
m)
how the natural features and functions on the site and in the area
can be protected and/or enhanced as part of the design of the pit
and/or after the pit has been progressively rehabilitated;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
n)
how the impacts from the proposed pit or quarry will be mitigated
in order to lessen those impacts;
o)
how the site will be progressively rehabilitated to accommodate
subsequent land uses after the extraction is completed; and,
p)
the required information shall be contained in an Environmental
Impact Study or other study as required by this Plan.
The
required studies shall assess the impacts of the proposed quarry
on all lands within 1000 metres of the site or as determined by the
Municipality.
5.5.3.3
In addition to the above, the required studies shall take into account the
impacts from existing pits or quarries in the immediate area.
5.5.3.4
New or expanding mineral resource operations should comply with the
Ministry of the Environment's D-series Guidelines and Procedure D-1-2 for
separation distances related to land use compatibility and sensitive land
uses. Appropriate setbacks and mitigation will be determined in
accordance with technical studies completed to assess noise, vibration,
dust and visual impact and in accordance with a Certificate of Approval
under the Environmental Protection Act.
5.5.3.5
In considering the added impact of the new pit or quarry operation to
existing known impacts, Council shall ensure that mitigation measures
intended to lessen the added impact are reviewed and applied as
required. During the course of this review, phasing options shall be
considered as one means to minimize the combined impacts of the
proposed quarry and existing pits or quarries on the general area.
5.5.3.6
An application for a mineral aggregate operation shall not be approved
unless the applicant demonstrates that:
a)
the quality of groundwater and surface water in the area will be
maintained and, where possible, improved or restored;
b)
the quantity of water available for other uses in the area and as
base flow for rivers and streams will not be affected;
c)
as much of the site as possible will be rehabilitated by establishing
or restoring natural self-sustaining vegetation; and,
d)
the health, diversity, size and connectivity of natural features on
the site and on adjacent land will be maintained and, where
possible, improved or restored.
5.5.3.7
Alternate uses of the lands in the Aggregate and Mineral Extractive Area
shall not be permitted until such time as the resource is either
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
62
August 25, 2011
substantially depleted or it is shown to Council's satisfaction that it is not
feasible to extract. In such cases, an Amendment to the Zoning By- law
will be required to facilitate the establishment of a use that will preclude
the use of these lands for mineral aggregate extraction in the future. It
is the intent of this Plan that the after use be compatible with and will
have minimal impact on the surrounding natural environment and existing
uses.
5.5.3.8
The determination of the appropriate designation of the lands for an after
use will be made at the time an application is submitted. Factors to be
considered by Council shall include:
a)
the use of the land before the extraction commenced;
b)
the land uses on adjacent properties;
c)
the proximity of the lands to agricultural lands and activities;
d)
the character of the area;
e)
the accessibility of the property;
f)
the recreational opportunities that the site may afford;
g)
the opportunities that may be available to enhance natural
heritage features and functions in the area; and,
h)
the nature and cost of any long-term monitoring required on the
site.
5.5.3.9
The progressive rehabilitation of all pits and quarries within the
Municipality is required. Council will work with pit and quarry operators
to establish appropriate progressive rehabilitation plans, and complete
agreements with owners to ensure rehabilitation.
5.5.3.10
The policies of this Section with respect to aggregate extraction uses shall
apply, with appropriate modifications, to mineral resource exploration
and development.
5.5.3.11
The Implementing Zoning By-law shall place all existing mineral aggregate
operations in separate zones that permits quarries and sand and gravel
operations, and a zone that permits only sand and gravel extraction
operations. The Implementing Zoning By-law will contain setbacks for
extraction operations from adjoining properties designated for
residential purposes by this Plan, municipal right-of-ways and property
boundaries.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
63
August 25, 2011
5.6
WASTE DISPOSAL AREA
The Waste Disposal Area designation identifies areas where the existing
or prior use of the lands for the disposal of waste may have an impact on
future uses of these lands and possibly adjacent lands. The designation
is denoted on Schedule B to this Plan as Waste Disposal Area and identifies
lands for which the following policies are intended to apply to ensure that
all development recognizes the existing or prior waste disposal use in the
area so as to safeguard all future uses.
5.6.1
Objectives
The objectives of the Waste Disposal Area designation are to:
a)
identify current and historic waste disposal sites;
b)
ensure that all development recognizes the existing or prior waste
disposal use in the area so as to safeguard all future uses; and,
c)
establish conditions under which development may occur adjacent
to or within potentially contaminated lands.
5.6.2
Permitted Uses
5.6.2.1
In areas identified as a Waste Disposal Area, uses may be permitted by
the Municipality in consultation with the Ministry of the Environment and
in accordance with the underlying land use designation subject to the
following policies:
a)
Written approval has been received from the Ministry of the
Environment that the development satisfies the provisions of the
Environmental Protection Act;
b)
Studies have been carried out to the satisfaction of the
Municipality and the Ministry of the Environment and in
accordance with the policies of this Section of the Plan that show
that the development is compatible and can safely take place;
c)
The Municipality shall require the construction and phasing of all
development to coincide with the control of any problems
identified by the engineering studies;
d)
Studies of gas, leachate and hydrogeology, shall be carried out by
a qualified engineer and/or Hydrogeologist;
Municipality of Callander
Official Plan
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Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
e)
The Municipality shall be satisfied with the required studies with
respect to any matter regarding structural stability, health,
safety, and integrity of any and all structures; and,
f)
Notwithstanding the land use designations on the various
Schedules to this Plan, residential development will not be
allowed to proceed on areas identified by Sections (b) and (d)
above, as containing organic or chemical wastes.
5.6.2.2
Only land uses compatible with potential impacts of waste disposal sites
or their engineered controls will be permitted and may have to be
determined by Amendment to the Zoning By-law as supported by the
results of studies conducted under this Section.
5.6.2.3
Potentially contaminated lands and adjacent lands within 300 metres of
a former waste disposal site may be zoned in a holding category as an
interim measure until they are deemed suitable for development. New
development within 300 metres of the Callander Sewage Treatment
Plant, located north of the municipal boundary in the City of North Bay,
shall meet MOE Guideline D-2, Compatibility between Sewage Treatment
and Sensitive Land Use.
5.6.2.4
New accessory buildings such as barns or private garages and renovations
to existing residential buildings shall not be subject to the policies of this
section.
5.6.2.5
An Amendment to this Plan will be required for a new waste disposal site.
5.7
CROWN LANDS
The Province continues to own and manage a significant portion of the
land base of the Municipality outside of specific lands that have been
identified and planned for a particular use, such as a Provincial Park or
Conservation Reserve. In recognition of the major role that Crown Lands
play in the landscape of the Municipality, these lands are placed in a
Crown Lands designation.
5.7.1
Objectives
The objectives of the Crown Lands designation are to:
a)
recognize the role and function that the significant Crown Lands
play in the overall land use structure and landscape of the
Municipality;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
b)
recognize that the Province and Crown lands are not bound by the
policies of the Planning Act and therefore this Plan;
c)
to encourage the Province to consult with Council and work with
the Municipality in determining the future use and development
of the Crown Lands; and,
d)
ensure that lands which are deemed surplus by the Province and
no longer Crown Lands are subject to the policies of this Plan and
require an Amendment to the Plan prior to development
proceeding.
5.7.2
Permitted Uses
Permitted uses within the Crown Lands designation shall include all those
uses approved by the Province of Ontario and should generally include
uses that are compatible with nature resource management including:
a)
existing waste management facilities;
b)
forestry management;
c)
linear recreational trails;
d)
mineral aggregate operations;
e)
mineral exploration and development;
f)
water and resource management activities; and,
g)
wildlife management including trapper cabins and hunt camps.
5.7.3
General Policies
5.7.3.1
The Municipality encourages the Province and its resource Ministries to
consult with the Council of the Municipality when making land use
decisions concerning Crown Lands;
5.7.3.2
The Municipality encourages the Province to consider the policies of this
Plan including its natural heritage and nature corridor policies when
making land use and resource management decisions regarding the Crown
Lands located within the Municipality of Callander;
5.7.3.3
The Municipality will co-operate and participate with the Province in any
land use or resource management planning process with respect to Crown
Lands located in the Municipality;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
5.7.3.4
The Province is encouraged to consult with Council prior to making any
decision with respect to the sale of any Crown Lands located in the
Municipality;
5.7.3.5
The policies of this Plan shall apply to any Crown Lands that are deemed
surplus by the Province and are sold into private ownership. Before any
former Crown Lands may be used and developed, they shall be the subject
of an Application to amend this Plan and if required the implementing
Zoning By-law. The Application to redesignate lands within the Crown
Land designation shall take into consideration the land use designations
and structure as set out in the policies and on the Schedules to this Plan
and shall consider the Policies of this Plan;
5.7.3.6
The Province is encouraged to continue to permit the use and
development of the linear multi-use trails including snowmobile trails
system in the Municipality.
The Municipality may consider the
development of a Trails Master Plan for the Municipality and would
encourage the Province to participate in the process in order to permit
the development of an inter-connected trail system in the Municipality
on both private and public lands for a full range of recreational uses.
Municipality of Callander
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Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
6.0 SETTLEMENT AREA DESIGNATIONS
The Callander Settlement Area is identified on Schedule A-1. This is
the only settlement area in the Municipality. The majority of the
anticipated 1,000 population growth projected for Callander is
expected to locate in the Callander Settlement Area.
6.1
SETTLEMENT AREA
The Callander Settlement Area includes the following designations:
-
Residential Area
-
Employment Area
-
Downtown Area
-
Gateway Mixed-Use Area
-
Environmental Protection Area
-
Open Space and Parkland
6.1.1
Objectives
The following objectives apply to the Callander Settlement Area:
a)
maintain and enhance the character and identity of the defined
Callander Settlement Area;
b)
retain the Downtown Area as the main focal point of the
community and the dominant service and commercial centre
serving the residents of the Municipality and the surrounding
areas;
c)
preserve and enhance the vitality of the traditional main street
character and encourage a mix of residential, commercial and
institutional uses in the Downtown Area;
d)
encourage and support the local business community to upgrade
and improve the Downtown Area particularly through the
utilization of government programs;
e)
encourage the provision of a range of housing types to
accommodate persons with diverse social and economic
backgrounds, needs and desires based on servicing capability of
the Municipality;
Municipality of Callander
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f)
identify and promote opportunities for intensification, infill and
redevelopment where this can be accommodated taking into
consideration existing building stock, brownfield sites and
available infrastructure;
g)
ensure that the Callander Settlement Area permits a variety of
complementary and compatible land uses including special needs
housing, community facilities, schools, commercial and small-
scale employment uses, and open space areas;
h)
encourage the development of attractive gateways to the
Settlement Area;
i)
establish a set of Urban Design Guidelines and policies that foster
the establishment of a community environment that is safe,
functional and attractive;
j)
encourage commercial development that will provide a full range
of goods and services, at appropriate locations, to meet the needs
of the Municipality's residents and visitors;
k)
ensure that all new development in the Callander Settlement Area
is compatible with adjacent development, and is appropriately
phased based on the type and availability of all ranges of services;
l)
ensure that a full range of institutional uses are available to meet
the social, cultural and educational needs of the residents;
m)
ensure that there are sufficient lands available for the creation of
diverse employment opportunities at strategic locations in the
Callander Settlement Area;
n)
ensure that the Municipality is positioned to accommodate new
and expanded business activities that provide jobs to local
residents;
o)
streamline the approval process for the development of new and
expansion of existing employment uses; and,
p)
ensure that full municipal services are available and adequate to
sustain and support the nature and scale of all development within
the serviced portion of the Urban Settlement Area.
Municipality of Callander
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Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
6.2
RESIDENTIAL AREA
6.2.1
Permitted Uses
The predominant use of land in the Residential Area designation shall be
for residential purposes and will include the following:
a)
single detached dwellings;
b)
semi-detached dwellings, and,
c)
duplex dwellings.
Also permitted in the Residential Area designation, subject to a Zoning
By-law Amendment and available municipal services including waste
disposal, sewage treatment and water supply services are the following
uses:
6.2.2
a)
triplex and quadruplex dwellings;
b)
street townhouse dwellings;
c)
block townhouse dwellings;
d)
low-rise apartment dwellings;
e)
special needs housing; and,
f)
public, institutional and local commercial uses.
6.2.3
Medium Density Uses
a)
The Medium Density uses in the Residential Area designation are
limited to three and four unit dwellings, street townhouse
dwellings, block townhouse dwellings, and low-rise apartment
dwellings.
b)
New medium density residential areas shall be established by way
of Amendment to the Zoning By-law in accordance with the
following provided that the development:
i)
is located on and has direct access to a road capable of
accommodating the increase in traffic;
ii)
respects
the
character
of
adjacent
residential
neighbourhoods, in terms of height, bulk and massing;
iii)
can be easily integrated with surrounding land uses;
iv)
will not cause traffic hazards or an unacceptable level of
congestion on surrounding roads;
Municipality of Callander
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v)
is located in close proximity to community facilities, such
as parks, schools or open spaces;
vi)
is located on a site that has adequate land area to
incorporate the required parking, recreational facilities,
landscaping and buffering on-site;
vii)
can be serviced by available uncommitted water and
wastewater systems and waste disposal services; and,
viii)
is subject to site plan control.
6.2.4
Special Needs Housing
Special Needs housing such as long-term care facilities and retirement
homes may be permitted subject to an Amendment to the implementing
Zoning By-law and provided Council is satisfied that:
a)
the site has access and frontage onto an arterial or collector roads
as shown on Schedule A-1 to this Plan;
b)
the site is large enough to accommodate the building, on-site
parking and appropriate buffering in the form of landscaping,
fencing and trees;
c)
the building does not exceed 3 storeys in height and is buffered
from adjacent low density residential uses by setbacks,
landscaping, fencing and trees to ensure compatibility of the use
with adjacent land uses;
d)
the use will not cause traffic hazards or an unacceptable level of
congestion on surrounding roads; and,
e)
the site is subject to site plan control.
6.2.5
Institutional Uses
Public and institutional uses including community facilities such as
libraries, public schools, places of worship, day nurseries and other public
institutional uses parks and playgrounds which are compatible with the
surrounding area may be permitted subject to a Zoning By-law
Amendment.
Day nurseries and institutional uses which directly serve the needs of the
adjacent residential areas such as private and public schools, nursery
schools, and places of worship, may be permitted subject to an
Amendment to the Implementing Zoning By-law and provided Council is
satisfied that:
a)
the size of the site and its location is appropriate for the
development;
Municipality of Callander
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b)
the use is intended to serve and support only the immediate
neighbourhood and is not more appropriately located in the major
community;
c)
the use is designed to complement the low density nature of the
community;
d)
the use will not cause any traffic hazards or an unacceptable level
of congestion on surrounding roads;
e)
the site is large enough to accommodate the building, on-site
parking, play areas, where required, and appropriate buffering in
the form of landscaping, fencing and trees to ensure the
compatibility of the use with adjacent land uses;
f)
the noise generated by the use will not adversely affect the
enjoyment of neighbouring properties;
g)
the use will be a positive addition to the neighbourhood and will
provide a service that is required by residents; and,
h)
in the case of public elementary schools, the site is located
adjacent to a neighbourhood park to provide a neighbourhood
focal point and encourage the provision of complementary
facilities such as sports fields, hard surface play areas and
components and play equipment.
6.2.6
Commercial Uses
Commercial uses may be permitted provided Council is satisfied that:
a)
the use will not cause or create traffic hazards or an unacceptable
level of congestion on surrounding roads;
b)
the use will have frontage on and direct access to a Provincial
highway or a local arterial road;
c)
the use can easily be accessed by pedestrians;
d)
the use is located on a site that has adequate land area to
incorporate required parking, waste management facilities,
stormwater management facilities, landscaping and buffering on-
site;
e)
the use, scale, massing and siting of the development is
compatible and consistent with development on adjoining lands;
and,
Municipality of Callander
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f)
the uses permitted serve the local retail and service needs of the
surrounding area and community. On this basis, the Implementing
Zoning By-law may restrict the size and coverage of a local
commercial centre or use.
6.3
EMPLOYMENT AREA
The Employment Area designation identifies the locations in the
Municipality that have been previously designated as Highway Tourist
Commercial, General Commercial, Special Commercial and Industrial in
the Municipality. These areas are concentrated in north, and southern
limits of the Callander Settlement Area. The Employment Area
designation is intended to permit a broad range of light industrial and
commercial uses in appropriate locations throughout the Municipality.
6.3.1
Permitted Uses
The predominant use of land in the Employment area designation shall be
for employment purposes and will include the following:
a)
assembly;
b)
educational facilities;
c)
fabrication;
d)
land intensive retail uses, including building supply depots and
automobile sales dealerships;
e)
light manufacturing;
f)
office;
g)
office uses;
h)
processing;
i)
research establishments;
j)
restaurants;
k)
retail uses;
l)
storage and/or warehousing uses; and,
m)
wholesale establishments.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
73
August 25, 2011
6.3.2
General Policies
a)
All new development shall be subject to an Amendment to the
implementing Zoning By-law and shall be subject to Site Plan
Control. Any redevelopment of existing industrial uses which
would involve an expansion of the floor area of more than 25
percent may also be subject to Site Plan Control. Prior to
considering an application for re-zoning and/or Site Plan approval,
Council shall be satisfied that:
i)
Adequate parking and loading facilities are provided on the
site;
ii)
The proposed buildings are designed to blend in with their
surroundings and with other buildings in the area;
iii)
The proposed buildings or structures on unvegetated sites
incorporate landscaping to enhance the site and
surrounding area;
iv)
Outdoor storage areas are substantially screened from
view from passing traffic and adjacent land uses;
v)
The proposed use can be serviced with available
uncommitted water supply and sewage disposal;
vi)
Stormwater management facilities treating quality and
quantity are provided; and,
vii)
Where a proposed use abuts or is in close proximity to an
existing residential use, fencing, landscaping, berming or
a combination of these features are utilized to ensure that
there is adequate screening between the uses.
b)
Council may permit retail and service commercial uses that may
not be dependent solely on passing traffic. The implementing
Zoning By-law, shall identify the size and type of these additional
uses.
c)
Regard shall be had for the compatibility of the Employment Area
uses with uses in adjoining areas so as to ensure that the use will
not have a detrimental effect upon adjoining properties.
Development or redevelopment proposals shall incorporate site
planning standards which will result in a desirable design including
the following:
i)
Adequate buffer planting shall be provided between the
employment use and any adjacent residential areas.
Such buffer planting may include provision for grass strips
and appropriate planting of trees and shrubs.
ii)
Adequate off-street parking facilities shall be provided for
all permitted uses. Access points to and from parking
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
74
August 25, 2011
areas shall be limited in number and designed in a manner
that will minimize the danger to both vehicular and
pedestrian traffic.
iii)
Uses requiring water for processing, cooling, or washing
shall only be permitted where municipal water and
municipal sewage servicing exists.
iv)
Employment uses should be encouraged to consolidate in
nodes adjacent to similar uses and should not be permitted
to develop in an indiscriminate manner.
v)
Typical highway commercial uses and activities should be
encouraged to locate adjacent to major roads and
highways within the areas designated under this Plan.
Further, new uses proposed in close proximity to existing
residential areas should be designed with the intent of
providing adequate pedestrian and vehicular access to
these built-up residential areas, as well as servicing the
traveling public. These measures can be assured through
effective site plan control measures.
vi)
Development
proposals
in
the
Employment
Area
designation shall be encouraged to provide access off
service roads and/or secondary roads rather than direct
access to arterial roads.
vii)
It shall be the policy of this Plan that Employment Area
uses be included in a separate zoning classifications in the
implementing
Zoning
By-law,
whereunder
suitable
provisions and regulations are prescribed to govern the
future development and use of such lands.
d)
No use that causes, or is likely to cause air pollution, offensive
odours, ground or surface water pollution, or noise in excess of
Provincial regulations or guidelines shall be permitted.
e)
All lands within the Employment Area designation shall be placed
in an appropriate zone in the implementing Zoning By-law. The
By-law will zone commercial and institutional lands in separate
zones to ensure that permitted uses are compatible.
f)
Employment uses located within the Callander Settlement Area
will require full municipal services.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
75
August 25, 2011
6.3.3
Conversion of Employment Lands
The conversion of Employment lands to Residential lands shall only be
considered as part of a comprehensive review of this Plan including
population, housing, and employment trends and land area requirements.
6.4
DOWNTOWN AREA
The Downtown Area designation identifies lands which are generally
bounded by Callander Bay to the west, Burritt Street and the lots along
Landsdowne Street to the north, Highway 94 to the east and View and
Bay Street to the south as identified on Schedule A-1, designated as
Downtown Area.
6.4.1
Permitted Uses
The predominant use of land in the Downtown Are designation shall be a
mix of commercial and residential uses. Commercial uses permitted in
this designation include:
a)
banks and financial services;
b)
business, professional and medical offices;
c)
entertainment and recreational uses;
d)
hotels and convention centres;
e)
personal service uses;
f)
restaurants;
g)
retail and service commercial uses.
6.4.2
Uses compatible with and complementary to and serving the commercial
and residential uses of the land, such as recreational and cultural
facilities, public, community and institutional uses, parks and open space
uses are permitted within the Downtown Area designation.
6.4.3
In addition to commercial uses, medium density uses which include three
and four unit dwellings, street townhouse dwellings, block townhouse
dwellings, and low-rise apartment dwellings are also permitted.
Accessory dwelling units and garden suites are also permitted.
6.4.4
Within the area designated Downtown Area, special needs housing such
as long-term care facilities and retirement homes are permitted.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
76
August 25, 2011
6.4.5
Development Policies
a)
Mixed use buildings are encouraged within the Downtown Area
designation in order to achieve higher densities and reinforce the
objective of achieving a diverse mix of land uses. It is intended
that the permitted commercial uses will be developed on the
ground floor. Residential and office uses are encouraged above
the commercial uses located on the ground floor of mixed use
buildings.
b)
All built form in the Downtown Area is considered a significant
asset to the community. As such all new development or
redevelopment shall reflect the scale, density and massing of
surrounding structures, be limited in height to three storeys and
incorporate and improve upon the existing historical structures.
c)
Development shall be designed to reflect the proximity of the
Downtown to the waterfront.
Development abutting the
waterfront shall, wherever possible, encourage public access to
the shoreline, provide connectivity between public lands and
preserve views to the lake.
d)
Parking for residential uses will be located on-site. Adequate off-
street parking shall be provided in easily accessible and
convenient
locations.
New
commercial
development
or
redevelopment may require a traffic impact study to determine
improvements to current access and parking facilities. Provisions
for snow storage will also be required.
e)
Where conflict could result between commercial and adjacent
uses, adequate screening or a buffer strip may be required.
f)
All new development and redevelopment within the area
designated Downtown Area shall be subject to Site Plan Control.
6.4.6
Urban Design Principles
a)
Active street life is encouraged through the provision of municipal
squares, parkettes, street related buildings, outdoor patios, and
other amenities.
b)
The
pedestrian
environment
will
be
enhanced
through
development of buildings of high architectural quality grade level
doors and windows and the provision of street benches, awnings,
pedestrian-scale lighting and streetscape amenities.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
77
August 25, 2011
c)
Buildings will be sited to provide a continuous façade to define
the edge of the street and to provide a sense of enclosure.
d)
Public safety will be enhanced in the design and siting of buildings
and public open spaces to provide visibility, easy access, multiple
routes, and unobstructed views from streets and buildings.
e)
The design and scale of signage shall complement rather than
dominate the landscape or detract from the overall visual
attractiveness of the environment and will be incorporated as an
integral part of the building or site layout.
f)
Developers and owners of commercial properties will be
encouraged to assist in the creation of a high quality public realm
through contributions to street tree planting and street furniture
in addition to landscaping improvements on private lands.
g)
Parking areas should be sited to the side or rear of the building.
h)
Loading areas and refuse collection areas shall be unobtrusive and
will be mitigated and screened where necessary and shall
generally be located at the side or the rear of the building.
6.5
GATEWAY MIXED-USE AREA
The Gateway Mixed Use designation forms the northerly gateway to the
Callander Settlement Area. Redevelopment of this area provides an
opportunity to define and reinforce the Settlement Area boundary of
Callander. The objectives of the Gateway Mixed-Use Area are to:
a)
encourage a mixed use sustainable neighbourhood community of
mixed commercial, employment and residential uses;
b)
encourage the development of an attractive gateway to
Callander; and,
c)
encourage the redevelopment of the brownfield areas.
6.5.1
Permitted Uses
a)
business, professional and medical offices;
b)
entertainment and recreational uses;
c)
light industrial uses;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
78
August 25, 2011
d)
low and medium density residential uses as part of a mixed use
development;
e)
public uses;
f)
restaurants;
g)
retail uses
Development Policies
6.5.2
a)
In areas designated Gateway Mixed Use housing forms may include
small lot or clustered single, semi-detached, street, block and
stacked townhouses, four-plexes and apartments. Housing types
and tenure shall be planned and developed to meet housing needs
not presently being provided in the Municipality.
b)
Council in consultation with the Ministry of the Environment may
consider alternative sustainable servicing schemes for the
Gateway Mixed Use where the servicing is:
i)
sustainable;
ii)
compatible with the adjacent land uses; and,
iii)
staged in such a manner to provide assurances of the
operation, maintenance and functioning of such a system
prior to stages of expansion.
c)
When considering amendments to the Zoning By-law to permit
commercial uses in this designation Council shall consider the
impact of the use on the Downtown Area and shall be satisfied
that the proposed commercial use will not reduce the viability and
future development of the Downtown Area.
d)
Light industrial uses may be located in places of high visibility
along major arterial roads adjacent to residential areas. The range
of industrial uses permitted shall be sensitive to and compatible
with abutting uses and shall include light manufacturing,
assembling, processing, fabricating, repairing, research and
development and warehousing.
Open Storage will not be
permitted in this area.
e)
All proposed development shall satisfy the policies in this Plan and
Ministry
of
Environment
Guidelines
regarding
land
use
compatibility.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
79
August 25, 2011
f)
Development should be designed and located to permit pedestrian
connectivity to the park and open space system in the community
g)
All development within the Gateway Mixed Use designation shall
be subject to Site Plan Control.
6.6
ENVIRONMENTAL PROTECTION AREA
The Environmental Protection Area designation identifies lands within the
Callander Settlement Area that are identified as having sensitive features
whether it be sensitive fish habitat as identified along the shore of
Callander Bay or locally significant wetlands and hazardous features such
as floodplain. These lands are subject to the policies of the
Environmental Protection Area designation as identified in Section
5.3 of the Plan.
6.7
OPEN SPACE AND PARKLAND
Lands designated Open Space and Parkland on Schedule A-1 Callander
Settlement Area are subject to the policies of the Open Space and
Parkland designation as identified in Section 5.4 of the Plan.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
80
August 25, 2011
7.0 LAND DIVISION
This section contains policies that are to be considered with every
application to subdivide land in the Municipality.
7.1
PREFERRED MEANS OF LAND DIVISION
A provisional consent to sever land shall only be considered when Council
or its delegate is satisfied that a Plan of Subdivision is not required to
ensure the proper and orderly development of the lands. Where the land
ownership would be capable and appropriate for division into numerous
lots or there are indications that the scale of development is beyond that
for which the consent process is intended, a Plan of Subdivision shall be
required.
Land division by Plan of Subdivision, rather than by consent, shall
generally be required if:
a)
the extension of an existing public road or the development of a
new public road is required to access the proposed lots; or,
b)
the area that is proposed to be developed is not considered to be
infilling; or,
c)
a Plan of Subdivision is required to ensure that the entire land
holding or the area is developed in an orderly and efficient
manner; or,
d)
more than three lots including the retained lands are being
created and/or the owner is retaining sufficient lands, which may
be the subject of applications for the development of additional
lots.
7.2
NEW LOTS BY CONSENT
7.2.1
General Criteria
When considering the creation of new lots by consent the following
criteria shall be applied.
In all areas of the Municipality proposed lots shall:
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
81
August 25, 2011
a)
front(s) on and will be directly accessed by a public road that is
maintained on a year-round basis or has legal access to a
municipally maintained road and where it will be demonstrated to
not negatively impact future development; (OPA 02-2023)
b)
not cause a traffic hazard as a result of its location on a curve or
a hill;
c)
be serviced with an appropriate water supply and means of
sewage disposal;
d)
not have a negative impact on the drainage patterns in the area;
e)
not have a negative impact on the water quality of the adjacent
waterbody/watercourse;
f)
not restrict the development of the retained lands or other
parcels of land, particularly as it relates to the provision of access,
if they are designated for development by this Plan;
g)
not have a negative impact on the features and functions of any
natural heritage feature in the area;
h)
where on full municipal services, be accommodated in the
uncommitted servicing capacity or where on private sewage
systems there is sufficient disposal capacity for pumped septage
and written confirmation that it can be provided; and;
i)
there is sufficient solid waste disposal capacity. (OPA 02-2023)
In addition to these policies, in the Rural Area the following additional
criteria apply:
j)
where no new lots have been created from a parcel since June 4th,
2023, a maximum of 4 new lots shall be permitted provided that
the proposed lots(s) meet the following: (OPA 02-2023)
i)
should have at least 1.0 hectare in area unless it is
demonstrated by a hydro-geological study, completed to
the satisfaction of the approval authority, that a smaller
lot size is sustainable and will not adversely impact the
water quality or quantity on adjacent lands;
ii)
should have at least 60m (OPA 02-2024) frontage, Reduced
frontage can be considered where it is appropriate, based
on compatibility of the area and the adjacent land uses/lot
sizes and any environmental or physical constraints. (OPA
02-2023)
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
82
August 25, 2011
iii)
will not extend an existing "strip" of residential
development by more than one lot;
Provisional consent may be granted subject to appropriate conditions of
approval for the severed and/or retained lot in accordance with the
Planning Act.
7.2.2
Boundary Adjustments
A consent may be permitted for the purpose of correcting conveyances,
enlarging existing lots or through acquisition by a public body, provided
no new building lot is created. In reviewing an application for such a
boundary adjustment, the Council or its delegate shall be satisfied that
the boundary adjustment will not affect the viability of the use of the
properties affected as intended by this Plan.
7.2.3
Lots for Utilities
The creation of new lots for public utilities, communication utilities and
other public uses may be permitted provided:
a)
the area of the proposed lot is minimized and reflects what is
required for the use; and,
b)
the Implementing Zoning By-law, as a condition of provisional
consent, only permits uses that are related to the utility on the
lot.
7.2.4
Waterfront Lots
Callander Bay is currently at capacity for the creation of new lots. Any
new lot creation will be subject to the provisions of section 5.2.4.4 of
this Plan and the approval of the Ministry of the Environment. Applicants
will be required to demonstrate that the septic system will be set back
300 metres from the shore of Lake Nipissing including Callander Bay and
the Wasi River or that phosphorous will not reach the lake.
Other waterfront lots shall only be permitted where it is demonstrated
to the satisfaction of Council or its delegate that the abutting waterbody,
including rivers and streams, can sustain the impact associated with the
additional lot(s).
In addition to the Shoreline Area policies of this Plan when considering
applications for lot creation Council shall require that:
a)
There is sufficient frontage on each lot to ensure that there is an
appropriate waterfront amenity area outside of sensitive fish
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
83
August 25, 2011
habitat, steep slopes, or other environmentally sensitive areas;
b)
The physical characteristics of the land enable the development
in accordance with the policies of this Plan and the regulations of
the Zoning By-law without alteration to the natural landscape
through filling or blasting;
c)
Backlot development, is a form of development operating as an
additional tier of lots adjacent to shoreline lots. A second tier of
Backlot development that is separated from the waterbody by a
road, may be permitted by this Plan subject to the land division
policies of this Plan and subject to the following:
i)
the lot to be created has a significantly larger lot area and
lot frontage than the lots in the first tier;
ii)
the lot is located within close proximity to a public access
point to the lake;
iii)
and each lot fronts on a year-round maintained public road;
d)
A phosphorous reducing sewage system in accordance with the
policies of this Plan can be accommodated on site, with all
components of the system being located a minimum of 30 metres
from the high water or defined flood elevation;
e)
The water setback shall be a minimum of 20 metres for all
principle buildings. The Zoning By-law will establish specific
standards regarding accessory buildings and structures; and,
f)
The lot shall retain all significant indigenous soil, vegetation and
tree cover as part of its development.
7.3
SUBDIVISIONS AND CONDOMINIUM DEVELOPMENT POLICIES
This section is intended to contain general subdivision policies that are
to be considered with every application for Plan of Subdivision or Plan of
Condominium.
Prior to the consideration of an application for Plan of Subdivision or Plan
of Condominium, Council shall be satisfied that:
a)
the approval of the development is not premature and is in the
public interest;
b)
there is sufficient reserve sewage system capacity, including
treatment capacity or disposal capacity for hauled sewage from
private communal systems and individual on-site sewage services
in accordance with MOE Guideline D-5;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
84
August 25, 2011
c)
the lands will be adequately serviced with schools, parkland and
open space, community facilities and other amenities;
d)
the density of the development is appropriate for the area;
e)
the subdivision, when developed, will be easily integrated with
other development in the area; and,
f)
the proposal conforms to Section 51 (24) of the Planning Act, as
amended.
g)
the land is divided in an efficient manner, and that landlocked
parcels are not created;
h)
the proposed subdivision is integrated with the surrounding area;
i)
the proposed infrastructure is designed to meet or exceed
Callander's standards;
j)
the subdivision shall not have a negative impact on the drainage
patterns of the area;
k)
the subdivision will not impact the groundwater quality and
quantity of the area;
l)
the proposed development will not have a negative impact upon
the features and functions of any significant natural features or
any constraints or hazards;
m)
the proposed lots are of a size appropriate for their intended use
and conform with the policies of the Official plan and the Zoning
By-law.
n)
In the Urban Area, Callander shall require that new subdivisions
construct sidewalks on one side of all roads within the Plan of
Subdivision.
o)
Prior to approval of an application for plan of subdivision,
Callander will confirm the availability of waste management,
roads/access, and other amenities in accordance with the policies
of this Plan;
p)
Callander shall use subdivision agreements to ensure that
appropriate conditions and requirements are satisfied as part of
the development. Callander may adopt standards for the
development, design, servicing, roads, financing, and other
conditions under the subdivision agreement; and,
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
85
August 25, 2011
q)
Callander may create subdivision standards for the development,
design, servicing, roads, financing, and other conditions under the
subdivision agreement.
7.3.2 All conditions of draft plan approvals must be met within three years after
which the draft approval lapses. Callander will not extend or recommend
the extension of a draft plan approval, beyond the statutory limitation of
three years, unless the subdivider has demonstrated to the satisfaction of
Callander that they are making a reasonable effort to proceed in meeting
the conditions of the draft approval. At the time of extension, Callander will
review draft plan conditions and may make appropriate modifications.
7.3.3 Rural estate subdivisions may be permitted through an Official Plan
Amendment, Rezoning and Plan of Subdivision and/or Condominium to
ensure that the proposed development meets local and provincial land use
planning interests and objectives.
7.4
ENERGY EFFICIENCY AND AIR QUALITY
Council encourages subdivision design that promotes or derives energy
efficiency and improved air quality through land use and development
patterns which maximize the use of alternative or renewable energy,
such as solar and wind energy as well as the mitigating effects of
vegetation.
7.5
PARKLAND DEDICATION
7.5.1
The Municipality is entitled to take 5 percent of the total land area as a
condition to the approval of a plan of subdivision for park or other public
recreational purposes. The minimum parkland dedication as part of a plan
of subdivision or consent shall not include lands which are unsuitable for
parkland development.
7.5.2
Where possible, parkland shall be taken on lands adjacent to a
waterbody.
7.5.3
Environmentally sensitive areas which are not intended for public access
should not be included in the total area of the plan of subdivision for the
purposes of calculating the required 5 percent parkland dedication.
7.5.4
If trails or other public features are planned for the environmentally
sensitive lands, these areas represent passive parks and at least a portion
should be included in the total subdivision area for the purposes of
calculating the required 5 percent parkland dedication.
7.5.5
When 5 percent parkland dedication is required, the value of the lands
being acquired by the Municipality should represent, in approximate
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
86
August 25, 2011
terms, 5 percent of the value of the entire subdivision.
7.5.6
Where the Municipality takes cash in lieu of parkland, the Municipality
shall base the amount of cash taken on 5 percent of the average market
value of the land immediately prior to draft plan approval. The value
should assume that the land is zoned to permit the proposed use, but
that any works and services necessary to develop the subdivision have not
been installed. Alternatively, the Municipality may pass a by-law to
establish standard parkland dedication fees that represent a reasonable
estimate of 5 percent of the value of certain lands prior to the date of
draft approval.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
87
August 25, 2011
8.0 MUNICIPAL SERVICES
The policies of this Section are intended to provide guidance to
Council and the public when determining the extent of municipal
services that will be provided in the Municipality.
8.1
OBJECTIVES
It is the objectives of the Plan to:
a)
Ensure that municipal services shall be provided in a co-
ordinated, efficient and cost-effective manner to accommodate
the projected need of the Municipality;
b)
To plan services commensurate with growth in order to ensure
that services are available in advance of demand;
c)
To minimize waste through recycling, reuse and waste reduction;
and,
d)
To improve and enhance environmental conditions in the
Municipality.
8.2
POLICIES
a)
All development within Callander Settlement Area shall be
serviced with municipal sewage treatment and water supply. No
development shall be approved that exceeds the uncommitted
reserve capacity of the municipal infrastructure. Intensification
and redevelopment on existing municipal sewage and water
services are to be encouraged within the Callander Settlement
Area.
b)
Lands outside the Callander Settlement Area shall utilize private
sewage disposal and water services. The use of municipal water
and private sewage disposal services will be discouraged, except
where necessary to address failed services. New development
serviced by municipal water and private sewage disposal services
will not be permitted. Where existing development is serviced by
municipal water and private sewage disposal services the
Municipality may pass a temporary use by-law which would
establish a maximum period for which the partial servicing may
occur and limit the sewage effluent to 4500 litres per day.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
88
August 25, 2011
c)
Development supported by communal water supply or communal
sewage disposal systems shall not be permitted within the
Municipality without an Official Plan Amendment.
d)
Consideration of a communal sewage treatment or water system
shall only occur through an Official Plan Amendment. In addition
to the Amendment, Council will require a financial impact analysis
of the services and an agreement with securities to ensure that
the services do not create a potential liability to the Municipality.
e)
Outside the Callander Settlement Area no development shall be
permitted unless it can be shown to the satisfaction of the
Municipality that there is an adequate on-site individual water
supply and sewage disposal system to service the development. In
addition, no development shall be permitted unless Council is
satisfied that the development will not have an adverse impact on
neighbouring wells and sewage disposal systems and on surface
and groundwater quality.
f)
In considering impacts on ground water quality and quantity, the
Municipality
shall
consider
the
cumulative
impacts
of
development on the sustainability of ground water resources. No
development shall occur if it is determined that cumulative
impacts of development on the sustainability of ground water
resources will have adverse impacts.
g)
New development shall consider the impacts of stormwater on the
quality and quantity on the lands and waters downstream.
Stormwater Management Plans shall be required as a condition of
development approval within the Callander Settlement Area and
for any large scale development or Plan of Subdivision within the
Municipality.
h)
Council will encourage and may require the use of new technology
in sewage disposal systems in an effort to reduce nitrate and
phosphate in the effluent and hence reduce the impact on
adjacent Lake Nipissing and ground water.
i)
Allocation of sanitary sewage treatment capacity shall occur upon
draft approval of a development or Plan of Subdivision or through
the rezoning of a single site for multiple residential, commercial
or industrial uses only after subdivision, condominium or site plan
agreements have been completed and the necessary securities
have been put into place. Council may impose a limit on the
amount of time that allocation of sewage capacity can be held
before a building permit is issued.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
89
August 25, 2011
j)
Extensions and expansions to municipal services to accommodate
new development shall be done at the cost of the developer.
Where
services
are
oversized
to
accommodate
future
development, the Municipality may enter into an agreement with
the developer to assist in the recovery of additional costs incurred
as the result of oversizing services.
k)
The extent of municipal services provided outside of the Callander
Settlement Area shall not be expanded unless it can be
demonstrated to the satisfaction of Council that the additional
servicing costs will be off-set by increased assessment or other
benefits to the Municipality.
l)
Where the sewage or water treatment facilities are at or near
capacity, Council will review the matter and, where required,
take appropriate action to address the issue by increasing facility
capacity prior to approving development proposals that will result
in new connections to these facilities or alternatively examine
ways to extend the life of the treatment facility through on-going
maintenance improvements.
m)
Solid waste disposal is provided by the City of North Bay. In an
effort to reduce waste, the Municipality will participate in waste
reduction programs including recycling, reuse and reduction of
waste products wherever possible. Approval of new development
will be contingent on ensuring that waste disposal services are
available.
8.3
DEVELOPMENT STAGING
a)
Schedule A-2 outlines a development staging plan for the
Callander Settlement Area. The Stage 1 development areas may
develop on the basis of the availability of the capacity of the
existing Sewage Treatment facility, as it existed on the date of
the adoption of this Plan.
b)
Development within the Stage 2 development area is contingent
on expansion of the existing Sewage Treatment facility and
confirmation of water services being available. Draft plan
approval for developments within the Stage 2 areas shall only be
considered following the completion of the Environmental
Assessment for the expansion of the Sewage Treatment Facility.
As a condition of draft plan approval within the Stage 2 area, final
approval shall not be given until the tender for the sewage
treatment facility construction has been awarded.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
90
August 25, 2011
c)
Council may consider an amendment to this Plan to redesignate
lands within the Stage 2 to meet growth targets and policies of
this Plan based on available sewage treatment capacity.
8.4
SEWAGE ALLOCATION
a)
Allocation of services for employment uses shall be done at the
site plan approval stage of development and only upon posting of
sufficient securities to ensure that servicing costs will be
recovered. Council may establish a lapsing date for servicing
allocation in site plan agreements.
b)
Employment uses shall primarily consist of low water users that
only generate domestic sewage effluent.
c)
Allocation of services for residential uses shall be done upon
completion of subdivision, consent, condominium or, in the case
of multiple dwellings, site plan agreements and only upon the
posting of sufficient securities to ensure that servicing costs will
be recovered. When allocating capacity, Council will ensure that
the housing targets identified in Section 4.14 are achieved so that
a range and mix of housing is available to the market in each stage
of development. Council may establish a lapsing date for draft
plan approval to ensure that sewage capacity is available and
development takes place in a timely manner.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
91
August 25, 2011
9.0 TRANSPORTATION AND UTILITIES
The policies of this Section outline the requirements of the planned
road network for the Municipality and provide policies for future
development of the transportation system and the siting of utilities.
9.1
OBJECTIVES
It is the objective of the Plan to:
a)
facilitate the movement of people and goods within the
Municipality and to and from adjacent municipalities;
b)
establish an integrated transportation system that safely and
efficiently accommodates various modes of transportation
including automobiles, trucks, cycling and walking;
c)
protect transportation corridors to facilitate the development of
a transportation system that is compatible with and supportive of
existing and future land uses due to the inter-dependency of land
use and transportation planning decisions in relation to
environmental and topographical features;
d)
ensure that new roads are constructed safely and designed to help
distribute car and truck traffic evenly and provide access for the
future operation of an efficient roads system;
e)
ensure that new roads protect significant environmental features
and their ecological function;
f)
ensure that appropriate right-of-way widths for all existing and
proposed roads are provided in accordance with the Planning Act;
g)
encourage the use of alternative development standards for
roads, where appropriate;
h)
to not permit development on private roads; and,
i)
ensure that the financial implications of decisions relating to road
construction and maintenance are thoroughly considered.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
92
August 25, 2011
9.2
TRANSPORTATION POLICIES
9.2.1
A transportation study will be prepared to address both the impact of any
new development upon the Provincial highway system as well as any
associated highway improvements that are required prior to the approval
of any plans of subdivision.
9.2.2
Individual access onto arterial roads following the date of adoption of this
Plan shall be restricted. New access shall be permitted only where there
is no reasonable alternative access to an existing lot. The planned right-
of-way for arterial roads is 30 metres.
9.23
In addition to all applicable municipal requirements, all development
adjacent to or in proximity to Provincial Highways 11, 654 and 94 will be
subject to the permits of the Ministry of Transportation. Areas of interest
that may need to be satisfied to the MTO's satisfaction before permits
are issued include, but are not necessarily limited to: geometric and
safety
requirements,
traffic
impacts,
grading
and
stormwater
management, site layout, site servicing, exterior illumination and
signage.
9.2.4
Ministry of Transportation approval will be required for any development
within the permit control jurisdiction of Highway 11 as a controlled
Access Highway or of Highway 94 or 654 as a Kings Highway.
9.2.5
No new access to Highway 11 will be permitted.
9.2.6
New development that significantly increases traffic at an existing
entrance or at-grade intersections to Highway 11 will not be permitted
for safety and operational reasons.
9.2.7
Permits from the Ministry of Transportation are required for any new
buildings, or site alterations or entrances within 45m of the highway
property line and within a radius of 395 m of the centre point of the
intersection of a road and Highway 11, or within a radius of 180 metres
of the centre point of the intersection of a road and Highway 94 or 654.
9.2.8
Permits may be required for uses, which cause persons to congregate in
large numbers within 800 m of any limit of any Provincial highway.
9.2.9
Existing collector and arterial roads are shown on Schedule A-1. Local
roads will develop through Plans of Subdivision.
9.2.10
Collector roads are intended to provide efficient access through the
Municipality. New access to these roads should be minimized wherever
possible. The planned right-of-way is 24 metres.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
93
August 25, 2011
9.2.11
Greater setbacks will be required in the implementing Zoning By-law for
development adjacent to major collector and arterial roads.
9.2.12
Bicycle and/or snowmobile lanes may be provided in all new roadway
construction and, wherever possible through reconstruction and
resurfacing projects.
9.2.13
All new lots shall front on public roads which are maintained year round.
9.2.14
The Municipality may, by By-law, close existing roadways and laneways
that have access to Highway 11 and Highway 11B in order to redirect
residential traffic away from the highway and to signalized intersections
with the highway.
9.2.15
Snowmobile routes form an important component of the Municipality's
transportation system and economy. Crossings of Provincial Highways will
require the approval of the Ministry of Transportation. Crossings of
waterway may require the approval of the Ministry of Natural Resources,
the Ministry of the Environment and/or the Department of Fisheries and
Oceans.
9.3
UTILITY POLICIES
9.3.1
While recognizing the authority of the Federal government with respect
to the siting of Radio communication and Broadcasting Antenna Systems,
Council will establish a public notification and consultation protocol to
address the siting of these facilities in the Municipality. Communication
towers should avoid locations that are visually prominent from lakeshore
areas and areas that have historic or cultural significance.
9.3.1.
The development of electric power facilities shall occur in an orderly
manner to facilitate the efficient and reliable provision of adequate
electric power. As such, electric power facilities are permitted in all land
use designations without an amendment to the Plan.
9.3.1.
Wind farms and associated wind turbines located within MTO's permit
control area will require all the necessary permits prior to any
construction taking place unless exempted under the Green Energy and
Economy Act.
9.4
LAKESHORE AND ROAD ALLOWANCES POLICIES
9.4.1
The Municipality will not stop up or sell unmaintained road allowances
where there is any possibility that there is a potential future public use
for the lands. Road allowances leading to water will not be sold to
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
94
August 25, 2011
abutting property owners unless alternate public access is available in
the immediate area.
9.4.2
Where road allowances along the shores of lakes or rivers have been laid
out in locations where they are not required for pedestrian or vehicular
traffic or to protect public access or natural resource values, it shall be
the general policy of this Plan to permit such road allowances to be
stopped up and sold to the abutting land owners in accordance with the
Municipal Act. The proceeds of such sales shall be used to fund the
acquisition of land or facilities for public recreation purposes.
9.4.3
In its assessment of applications for the closure and sale of public road
allowances along shorelines, Council shall have regard to the following:
a)
Road allowances, or portions of an allowance, that are or will be
used for public waterfront recreational use, public access,
emergency access, public travel and portage or other municipal
purposes shall be reserved. Further, no approval shall be given to
closing any road allowance that leads to water.
b)
Road allowances or portions of an allowance that contain, abut or
provide access to important fish spawning areas, wildlife habitat
or other environmentally sensitive features or portions on which
significant historical or cultural features have been identified
shall be reserved.
c)
Road allowances, or portions of an allowance, may be closed and
sold to abutting land owners only after Council, on an individual
basis, has reviewed the concerns of adjacent and area
landowners, other approval agencies such as the Ministry of
Natural Resource and/or the North Bay-Mattawa Conservation
Authority. Ontario Hydro and Bell Canada with respect to the
extent and the shape of the portions to be closed.
9.4.4
Only the portion of the road allowance above the natural or regulated
highwater mark may be sold.
9.4.5
Lands that are subject to flooding or other hazards may be sold. However,
any excavation, or construction or the placement of fill on these lands
will be subject to the approval of the Ministry of Natural Resources and/or
the North Bay-Mattawa Conservation Authority.
9.4.6
It shall be the policy of council to protect lake and riparian ecosystems
by encouraging the retention of shoreline areas in as natural a state as
possible. In this regard, an appropriate setback will be established in the
Zoning By-law to restrict the placement of buildings and structures within
the shoreline area. Additions, reconstruction and the alterations
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
95
August 25, 2011
to legally existing buildings generally will be permitted provided such
changes do not further encroach into the wateryard setback. In addition,
subdivision agreements and site plan control agreements will be utilized
to further minimize impacts.
9.4.7
All costs incurred in the closing and sale of a lakeshore road allowance
shall be paid for by the respective landowner who shall be subject to any
additional fees or requirements that may be determined by the
Municipality.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
96
August 25, 2011
10.0 IMPLEMENTATION
The following policies are intended to provide direction for the
decisions of Council, the use of By-laws and Development Agreements,
which will implement policies outlined in this Plan.
10.1
COMPLETE APPLICATION
In accordance with the provisions of subsection 22(6.1), 34(10.4) of the
Planning Act, any application submitted to the Municipality of Callander
in support of a development proposal must be deemed to be a complete
application and be accompanied by the appropriate fee, before any
processing will begin. Any required background reports, studies
documents and materials must be prepared and submitted to the
satisfaction of the Municipality. Should it be determined that through the
review process, that the submission is incomplete, inadequate or further
issues need to be addressed, additional information may be required. The
authority to deem an application complete may be delegated to the Chief
Administrative Officer by by-law. A checklist may be utilized to assist in
ensuring the appropriate reports and studies are submitted to deem an
application complete.
10.2
PRE-CONSULTATION
Prior to the submission of any development application for which the
Municipality is the approval authority, applicants shall pre-consult with
staff in the Municipality or a Planning Consultant retained by the
Municipality in accordance with the provisions of this Plan and the
Municipality's Pre-consultation By-law. The pre-consultation process is
intended to address the requirements for a completed application and
may require more than one pre-consultation meeting and involve other
agencies and Municipal Departments. The Municipality is required to
adopt a Pre-Consultation By-law.
10.3
ZONING BY-LAW
a)
This Plan will be implemented through a comprehensive Zoning
By-law adopted under Section 34 of the Planning Act.
The
implementing By-law shall implement the policies of this Plan.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
97
August 25, 2011
b)
Until such time as the Zoning By-law is revised or a new Zoning
By-law enacted, the existing Zoning By-law shall remain in effect.
However, any Amendment to the existing By-law shall be in
conformity with this Plan.
10.3.1
Non-Conforming Uses
As a general rule, existing uses that do not conform with the policies of
this Plan should gradually be phased out so that the affected land use
may change to a use, which is in conformity with the goals of the Official
Plan and the intent of the Implementing Zoning By-law. In some
instances, it may be necessary and practical to allow the extension or
enlargement of non-conforming uses through the granting of a minor
variance or by placing the use in an appropriate zone in the Implementing
Zoning By-law. In such instances, Council shall have regard for the
following principles:
a)
The feasibility of acquiring the property for holding, sale, lease or
development by the Municipality for a more appropriate
permitted use; and,
b)
The possibility of relocating the non-conforming use to another
site.
10.3.2
Non-Complying Buildings, Structures or Lots
A non-complying building, structure or lot does not comply with the
regulations and performance standards of the Implementing Zoning By-
law.
A non-complying building or structure may be enlarged, repaired or
renovated provided that the enlargement, repair or renovation:
a)
does not further increase a situation of non-compliance;
b)
complies with all other applicable provisions of this Plan and the
Implementing Zoning By-law;
c)
does not increase the amount of floor area in a required yard or
setback area; and,
d)
will not pose a threat to public health or safety.
The Implementing Zoning By-law shall contain specific provisions
regarding the enlargement, repair or renovation of non-complying
structures in the Shoreline Area. Performance standards for the
enlargement, repair or renovation of non-complying structures in the
Shoreline Area shall be contained within the By-law and may contain
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
98
August 25, 2011
standards respecting maximum width of the addition, maximum size of
the dwelling or structure, maximum height, and other relevant standards.
A non-complying lot in existence prior to the effective date of the
Implementing Zoning By-law that does not meet the lot area and/or lot
frontage requirements contained within the Implementing Zoning By-
law, may be used and buildings thereon may be erected, enlarged,
repaired or renovated provided the use conforms with the applicable
policies of this Plan and the Implementing Zoning By-law, and the
buildings or structures comply with all of the other provisions of the
Implementing Zoning By-law.
10.3.3
Temporary Uses
Council may pass a By-law as provided for under Section 39 of the
Planning Act to allow the temporary use of lands that do not comply with
the Land Use designations in this Plan.
Temporary uses may be authorized for a specific time period up to three
years and should be applied where it is considered inappropriate by the
Municipality to permit the proposed use on a permanent or continuing
basis and where alternatives such as relocation are not practical.
Subsequent By-laws granting extensions of up to three years may be
passed. However, once the By-law has lapsed, the use must cease or
otherwise will be viewed as contravening the Implementing Zoning By-
law.
Prior to the approval of a Temporary Use By-law, Council shall be satisfied
that:
a)
the temporary use does not require major capital investment or
alteration to the existing landscape;
b)
the proposed use is compatible with surrounding land uses;
c)
the proposed use does not require the extension of municipal
services;
d)
the developer has entered into an agreement with the
Municipality specifying the conditions under which the use may be
permitted;
e)
the By-law shall specify a maximum time period for which the use
may be permitted; and,
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
99
August 25, 2011
f)
the proposed use will not have a negative impact on natural
heritage features such as but not limited to wetlands, fish habitat
and deer wintering areas.
10.3.4
Holding Provisions
Council may utilize Holding provisions as provided for under Section 36 of
the Planning Act in order to establish zoning provisions prior to
completing technical, administrative, or financial aspects of the
development. Where Council uses a Holding provision, the use of land
may be restricted to existing uses until one or more of the following
conditions have been fulfilled:
a)
a Site Plan Agreement or Subdivision Agreement as may be
required has been completed between the Municipality and the
developer;
b)
all engineering plans and arrangements with respect to municipal
services have been completed;
c)
the financial requirements of the Municipality have been satisfied;
d)
existing mine hazards have been rehabilitated in accordance with
the Mining Act;
e)
an archaeological assessment, to the satisfaction of the Province,
has been undertaken by an archaeologist licensed under the
Ontario Heritage Act, and any significant archaeological resources
have been conserved by removal and documentation, or
preservation on site, to the satisfaction of the Province; and,
f)
site contamination or other environmental constraints have been
appropriately addressed.
10.3.5
Interim Control By-laws
In accordance with the Planning Act, Interim Control By-laws may be used
to limit the use of lands, buildings or structures in an area where Council
has initiated a land use planning study.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
10.4
SITE PLAN CONTROL
In accordance with Section 41 of the Planning Act, the Municipality may
utilize Site Plan Control to ensure that development in the Municipality
is attractive and compatible with adjacent uses, appropriately serviced
and accessed and otherwise in conformity with the goals and strategic
objectives of this Plan.
The entire Municipality shall be designated as a Site Plan Control Area.
Council may delegate Site Plan Approval to municipal staff in order to
ensure that the process does not create undue delay or additional costs
in the development process.
Any required site plan agreement shall deal with the following, as
appropriate:
a)
road widenings;
b)
location of vehicular access points;
c)
loading, parking and driveway locations;
d)
the surfacing of loading, parking and driveway areas;
e)
the location and design of walkways and walkway ramps,
f)
the location, massing and conceptual design of any buildings and
structures;
g)
the character, scale, appearance, design and sustainable design
features;
h)
the location and type of lighting, landscaping;
i)
preservation of natural vegetation to act as vegetative buffers to
protect water quality and other environmental features;
j)
the location and type of garbage storage;
k)
the location and type of accessibility ramps;
l)
the location and nature of easements;
m)
the grade and elevation of the land;
n)
the type and location of storm, surface and wastewater disposal
facilities;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
101
August 25, 2011
o)
the location and type of snow removal facilities; and,
p)
other matters as may be required to implement this Plan.
The Municipality may by by-law control the placement of sustainable
design elements on any adjoining highway under a Municipality's
jurisdiction. The Municipality may impose conditions that may require the
provision, by the applicant, of plantings, paving treatment, street
furniture, bicycle racks, waste containers and ramps on a public right- of-
way.
The placement of a portable classroom on a school site of a district school
board if the school site was in existence on January 1, 2007 is exempt
from site plan control.
10.5
PUBLIC MEETINGS
Council shall hold public meetings for planning applications in accordance
with the requirements of the Planning Act. However, Council may
eliminate the requirement for public Notice of a meeting for a minor
Official Plan Amendment or Zoning By-law Amendment which:
a)
changes section numbers or the order of text but does not add or
delete sections;
b)
consolidates amendments, which have previously been approved;
c)
corrects typographic, grammatical or mapping errors which do not
affect the intent or application of the policies or provisions of this
Plan; or
d)
rewords policies or re-illustrates mapping for the purpose of
clarification only without changing the intent or purpose of the
policies or mapping.
10.6
MAINTENANCE AND OCCUPANCY BY-LAW
The objective of implementing a Property Maintenance and Occupancy
By-law is to maintain property values and the enjoyment of private
property. Council may pass a By-law under the Building Code Act to
establish minimum standards for:
a)
the physical condition of buildings and structures;
b)
the physical condition of lands; and,
c)
the adequacy of sanitary facilities.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
102
August 25, 2011
10.7
COMMUNITY IMPROVEMENT PLANS
These policies are intended to provide a basis and mechanism for the
Municipality to utilize the provisions of Section 28 of the Planning Act to
encourage the development, redevelopment revitalization and renewal
of the Municipality of Callander. These policies provide a basis for the
Municipality to enter into agreements with the private and public sector
to create partnerships in the enhancement of the community.
Council may undertake Community Improvements in order to implement
the policies of this Plan as municipal finances and other sources of funding
permit. Wherever possible the City shall seek funding from senior
government sources and other partnerships to assist in community
improvement programs.
10.7.1
Community Improvement Areas
The Callander Settlement Area as shown on Schedule A-1, shall be defined
as Community Improvement Area.
10.7.2
Community Improvement Plans
Within Community Improvement Areas defined by Council, Council may
prepare and adopt Community Improvement Plans that will identify
specific public and private projects and works that are intended to
improve the appearance and contribute to the economic viability and
safety of an area. Community Improvement includes projects associated
with energy efficient land uses and buildings as well as affordable
housing. In addition the Community Improvement Plan may identify
incentives that may be used by the Municipality to encourage investment
in private lands and public works programs designed to improve economic
development and safety in the Community Improvement Plan Area.
10.7.3
Community Improvement Projects
Community Improvement projects may include but not be limited to:
a)
The development of a municipal wide recreational hiking and
cycling trail and parks system to view natural features;
b)
Improvements to sidewalks and road surfaces to enable safe and
comfortable travel by pedestrians, bicycles and vehicles;
c)
Improvements to the commercial core of Callander with street
trees, banners, special pedestrian lights, flower poles and pots;
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
d)
Improvements to the road system to minimize traffic conflicts and
congestion, merging of parking areas and land acquisition as may
be necessary to develop new roadways;
e)
Improvements to signage on the highway and gateway features
into the Municipality;
f)
Improvement to Centennial Park with a bandstand, water park and
farmers market;
g)
Improvements to landscape planting at the Community Centre;
and,
h)
Encouragement of residents, business owners and service groups
to participate in tree planting and street beautification programs
and improvements to private buildings and properties.
Improvements to private lands and buildings including:
a)
building facades;
b)
signs;
c)
parking areas;
d)
landscaping; and,
e)
adding affordable residential units.
10.8
AMENDMENTS TO THE PLAN
An amendment to Schedule 'A', or 'A-1' or to the text of this Plan is
required to permit the establishment of uses other than those permitted
in this Plan. In considering an amendment to Schedule 'A' or 'A-1' with
a view of designating additional areas for a particular use, changing the
designated uses of a particular area, or changing the policies of this Plan,
Council shall have regard to the following criteria:
a)
the need for the proposed use;
b)
the extent to which the existing areas designated for the use are
developed, and the nature and adequacy of such existing
development;
c)
the physical suitability of the land for such proposed use; and,
d)
the location of the areas under consideration with respect to:
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
104
August 25, 2011
i)
the adequacy of the existing and proposed roadway
system;
ii)
the convenience and accessibility of the site for vehicular
and pedestrian traffic and traffic safety;
iii)
the availability of uncommitted water supply, sewage
disposal facilities, and other municipal services in view of
the policies contained in this Plan and in accordance with
technical reports which the Council shall request from the
developer and subject to the approval of the Province, the
Medical Officer of Health and any other appropriate
authority deemed advisable;
iv)
the compatibility of such proposed use with uses in the
surrounding area; and,
v)
the potential effect of the proposed use on the financial
position of the Municipality.
10.9
MONITORING
Following adoption of this Plan, the Clerk shall prepare an annual report
outlining how the Plan is being implemented. This report shall include:
a)
the number of lots created in each designation and the proportion
of lots created in the Callander Settlement Area in relation to the
Rural Areas and the Shoreline Areas;
b)
the number of building permits issued for residential, industrial
and commercial buildings;
c)
a summary of applications for rezoning and amendments to this
Plan;
d)
Population growth in the Municipality; and,
e)
the costs of any changes in the level of services provided by the
Municipality as a result of development.
10.10
PLAN REVIEW
This Plan may be revised as required, at any time to incorporate new
objectives, policies and specific designations. The Plan will be reviewed,
in whole, or in part, not less frequently than every five years to ensure
that it continues to embody the policies of the Municipality of Callander
Council and to ensure that it has regard for matters of
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
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August 25, 2011
provincial interest, is consistent with the Provincial Policy Statements
and the Municipal Strategic Plan.
10.11
PLANNING APPROVALS
In considering applications for Official Plan amendment, Zoning By-law
amendment, Plans of Subdivision, Plans of Condominium, Consents, Minor
Variances, and other planning approvals, Council shall have regard to this
Official Plan and the Provincial Policy Statement issued by the Province
of Ontario.
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
106
August 25, 2011
11.0 INTERPRETATION
11.1
LAND USE DESIGNATIONS
It is intended that the boundaries of the Land Use categories shown on
Schedule 'A' and 'A-1' of this Plan, shall be considered as general only,
and are not intended to define the exact limits of such areas except in
the case of roads, railways, and other physical barriers that provide
definitive boundaries. Minor adjustments may be made to these
boundaries for the purpose of any Zoning By-law without necessitating an
amendment to this Plan. Other than minor adjustments, no areas or
zones, except as provided in this Plan, shall be created that do not
conform with this Plan.
Where a lot is within more than one designation on the Schedules to this
Plan, each portion of the lot shall be used in accordance with the
applicable policies of that designation.
11.2
TECHNICAL AMENDMENTS
All numbers and quantities shown in this Official Plan shall be considered
to be Approximate. Technical revisions to this Official Plan are permitted
without Official Plan amendments provided they do not change the intent
of the Plan.
Technical Amendments include:
a)
Changing the numbering, cross-referencing and arrangement of
the text, tables, schedules and maps;
b)
Altering punctuation or language for consistency;
c)
Correcting
grammatical,
dimensional
and
boundary,
mathematical or typographical errors; and,
d)
Adding technical information to maps or schedules.
An amendment to this Official Plan shall be required where a policy,
designation, schedule or principle is added, deleted or significantly
altered.
References to any legislation, authority or agency which ceases to exist
subsequent to the preparation of this Official Plan, and to whom
Municipality of Callander
Official Plan
Adopted by Council March 16, 2010
Approved By Ministry of Municipal Affairs on June 17, 2011
Consolidated Version including Ministry of Modifications
107
August 25, 2011
responsibilities relating to this Plan or its implementation are charged,
shall be transferred to any subsequent legislation, authority or agency
which assume responsibility without requiring an amendment to this Plan.
11.3
USES
Examples of permitted uses as included in this Plan are intended to
illustrate a range of activities in each respective land use designation.
Specific uses and related regulations shall be defined for land use
designations by the implementing Zoning By-law.
11.4
ACCESSORY USES
Wherever a use is permitted in a land use classification, it is intended
that uses, buildings or structures normally incidental, accessory and
essential to that use shall also be permitted.