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Official Plan
of the
Township of Elizabethtown-Kitley
December 2018 Office Consolidation
Adopted by Council on July 16, 2018
Approved with modifications by the United Counties
of Leeds & Grenville on October 25, 2018
TOWNSHIP OF ELIZABETHTOWN-KITLEY
6544 New Dublin Road, R.R. 2
Addison, Ontario K0E 1A0
tel: (800) 492-3175 / (613) 345-7480
fax: (613) 345-7235
[email protected]
www.ektwp.ca
Prepared by:
Township of Elizabethtown-Kitley
OFFICIAL PLAN
OF THE
TOWNSHIP OF ELIZABETHTOWN-KITLEY
TABLE OF CONTENTS
SECTION 1
INTRODUCTION............................................................................................. 1
1.1
PLANNING ACT CONTEXT ........................................................................................ 1
1.2
INTRODUCTORY STATEMENTS .............................................................................. 2
1.2.1 Title and Components ................................................................................................. 2
1.2.2 Application .................................................................................................................. 3
1.2.3 Intent ........................................................................................................................... 3
1.2.4 Scope ........................................................................................................................... 4
1.2.5 Planning Period .......................................................................................................... 4
1.3
BASIS AND OBJECTIVES ........................................................................................... 5
1.3.1 General ....................................................................................................................... 5
1.3.2 Basis of the Plan ......................................................................................................... 5
1.3.3 Objectives of the Plan ................................................................................................. 9
SECTION 2
GENERAL DEVELOPMENT POLICIES .................................................. 13
2.1
INTRODUCTION ........................................................................................................ 13
2.2
ECONOMIC POLICY .................................................................................................. 13
2.3
HOUSING AND AFFORDABILITY POLICIES ........................................................ 14
2.4
EDUCATIONAL FACILITIES .................................................................................... 15
2.5
COMMUNITY IMPROVEMENT ............................................................................... 15
2.6
ACCESSORY USES .................................................................................................... 18
2.6.1 General ..................................................................................................................... 18
2.6.2 Home-Based Businesses............................................................................................ 18
2.6.3 Bed and Breakfast Establishments ............................................................................ 19
2.7
SPECIAL RESIDENTIAL USES ................................................................................. 19
2.7.1 Garden Suites ............................................................................................................ 19
2.7.2 Second Units ............................................................................................................. 20
2.7.3 Group Homes ............................................................................................................ 20
2.8
PUBLIC AND INSTITUTIONAL USES ..................................................................... 21
2.9
PARKS, TRAILS AND RECREATIONAL FACILITIES ........................................... 23
2.10
CROWN AND CONSERVATION LANDS ................................................................ 24
2.11
WAYSIDE PITS, WAYSIDE QUARRIES, PORTABLE ASPHALT PLANTS AND
PORTABLE CONCRETE PLANTS ............................................................................ 24
2.12
USES NOT CONTEMPLATED BY PLAN ................................................................. 25
2.13
EXISTING LAND USES .............................................................................................. 25
Township of Elizabethtown-Kitley
2.13.1
Changes to Non-Conforming Uses and Extensions or Enlargements .................. 26
2.14
EXISTING UNDERSIZED LOTS ............................................................................... 27
2.15
MINOR VARIANCES.................................................................................................. 27
2.16
ROAD ACCESS ........................................................................................................... 28
2.17
LAND USE COMPATIBILITY ................................................................................... 28
2.17.1
Development Adjacent to Mineral and/or Mineral Aggregate Designations or
Operations............................................................................................................. 28
2.17.2
Development Where Agricultural and Non-Agricultural Uses are Adjacent ....... 29
2.17.3
Development Adjacent to Open or Closed Waste Disposal Sites and Sewage
Treatment Facilities .............................................................................................. 30
2.17.4
Other Land Use Compatibility Policies ................................................................ 31
2.18
CULTURAL HERITAGE AND ARCHAEOLOGICAL RESOURCES ..................... 31
2.18.1
Cultural Heritage Resources ................................................................................ 31
2.18.2
Archaeological Resources .................................................................................... 33
2.19
NATURAL HAZARD FEATURES ............................................................................. 36
2.19.1
Flood Plains .......................................................................................................... 36
2.19.2
Unstable Soils and Unstable Bedrock................................................................... 37
2.19.3
Steep Slopes and Erosion Hazards ....................................................................... 38
2.19.4
Wildland Fire Hazards ......................................................................................... 39
2.20
HUMAN-MADE HAZARD FEATURES .................................................................... 40
2.20.1
Contaminated Sites ............................................................................................... 40
2.20.2
Abandoned Mines, Mineral Resource Operations, and Petroleum Wells ............ 41
2.21
NATURAL HERITAGE FEATURES AND SYSTEM ................................................ 41
2.21.1
Wetlands and Adjacent Lands ............................................................................... 43
2.21.2
Areas of Natural and Scientific Interest (ANSIs) and Adjacent Lands ................. 43
2.21.3
Fish Habitat and Adjacent Lands ......................................................................... 44
2.21.4
Significant Wildlife Habitat and Adjacent Lands ................................................. 45
2.21.5
Endangered and Threatened Species Habitat and Adjacent Lands...................... 46
2.21.6
Significant Woodlands and Adjacent Lands ......................................................... 47
2.21.7
Significant Valleylands and Adjacent Lands ........................................................ 48
2.21.8
Environmental Impact Assessments ...................................................................... 48
2.22
GROUND WATER SUPPLY, SEWAGE DISPOSAL AND OTHER SERVICES ..... 50
2.22.1
Ground Water Supply and Sewage Disposal ........................................................ 50
2.22.2
Other Services ....................................................................................................... 53
2.23
SURFACE WATER QUALITY AND QUANTITY .................................................... 53
2.23.1
Development Adjacent to Water Bodies ............................................................... 53
2.23.2
Storm Water Management .................................................................................... 56
2.24
SOURCE WATER PROTECTION .............................................................................. 57
2.25
ENERGY, AIR QUALITY AND CLIMATE CHANGE ADAPTATION POLICIES . 60
SECTION 3
LAND USE POLICIES .................................................................................. 62
3.1
INTRODUCTION ........................................................................................................ 62
3.2
AGRICULTURE .......................................................................................................... 62
3.2.1 Intent of the Designation ........................................................................................... 62
3.2.2 Permitted Uses .......................................................................................................... 63
3.2.3 Policies ...................................................................................................................... 63
Township of Elizabethtown-Kitley
3.2.4 Special Exception Areas ........................................................................................... 65
3.3
MINERAL RESOURCE ............................................................................................... 65
3.3.1 Intent of the Designation ........................................................................................... 65
3.3.2 Permitted Uses .......................................................................................................... 67
3.3.3 Policies ...................................................................................................................... 67
3.3.4 Special Exception Areas ........................................................................................... 70
3.4
NATURAL HERITAGE - PSW ................................................................................... 71
3.4.1 Intent of the Designation ........................................................................................... 71
3.4.2 Permitted Uses .......................................................................................................... 72
3.4.3 Policies ...................................................................................................................... 72
3.4.4 Special Exception Areas ........................................................................................... 73
3.5
NATURAL HERITAGE ............................................................................................... 73
3.5.1 Intent of the Designation ........................................................................................... 73
3.5.2 Permitted Uses .......................................................................................................... 74
3.5.3 Policies ...................................................................................................................... 74
3.5.4 Special Exception Areas ........................................................................................... 74
3.6
NATURAL HAZARD .................................................................................................. 75
3.6.1 Intent of the Designation ........................................................................................... 75
3.6.2 Permitted Uses .......................................................................................................... 75
3.6.3 Policies ...................................................................................................................... 76
3.6.4 Special Exception Areas ........................................................................................... 77
3.7
RURAL ......................................................................................................................... 77
3.7.1 Intent of the Designation ........................................................................................... 77
3.7.2 Permitted Uses .......................................................................................................... 78
3.7.3 Agriculture Policies .................................................................................................. 78
3.7.4 Residential Policies ................................................................................................... 78
3.7.5 Commercial Policies ................................................................................................. 79
3.7.6 Industrial Policies ..................................................................................................... 81
3.7.7 Mobile Home Parks Policies .................................................................................... 82
3.7.8 Waste Disposal Sites Policies ................................................................................... 83
3.7.9 Wrecking Yards Policies ........................................................................................... 83
3.7.10
Special Exception Areas ....................................................................................... 84
3.8
SETTLEMENT AREA ................................................................................................. 84
3.8.1 Intent of the Designation ........................................................................................... 84
3.8.2 Permitted Uses .......................................................................................................... 85
3.8.3 Residential Policies ................................................................................................... 85
3.8.4 Commercial Policies ................................................................................................. 86
3.8.5 Industrial Policies ..................................................................................................... 86
3.8.6 Special Exception Areas ........................................................................................... 87
3.9
RESIDENTIAL............................................................................................................. 87
3.9.1 Intent of the Designation ........................................................................................... 87
3.9.2 Permitted Uses .......................................................................................................... 88
3.9.3 Residential Policies ................................................................................................... 88
3.9.4 Special Exception Areas ........................................................................................... 88
3.10
COMMERCIAL ........................................................................................................... 89
3.10.1
Intent of the Designation ....................................................................................... 89
Township of Elizabethtown-Kitley
3.10.2
Permitted Uses ...................................................................................................... 89
3.10.3
Commercial Policies ............................................................................................. 89
3.10.4
Special Exception Areas ....................................................................................... 91
3.11
INDUSTRIAL/BUSINESS........................................................................................... 91
3.11.1
Intent of the Designation ....................................................................................... 91
3.11.2
Permitted Uses ...................................................................................................... 92
3.11.3
Industrial/Business Policies .................................................................................. 92
3.11.4
Special Exception Areas ....................................................................................... 93
SECTION 4
TRANSPORTATION ..................................................................................... 94
4.1
GENERAL .................................................................................................................... 94
4.2
PROVINCIAL HIGHWAYS ........................................................................................ 95
4.3
COUNTY ROADS........................................................................................................ 95
4.4
TOWNSHIP ROADS.................................................................................................... 96
4.5
PRIVATE ROADS ....................................................................................................... 96
4.6
PROPOSED ROAD WIDENINGS .............................................................................. 97
4.7
ROAD ALLOWANCES ABUTTING WATER BODIES ........................................... 97
SECTION 5
IMPLEMENTATION AND ADMINISTRATION ..................................... 98
5.1
INTRODUCTION ........................................................................................................ 98
5.2
LAND DIVISION ......................................................................................................... 98
5.2.1 Introduction............................................................................................................... 98
5.2.2 General Policies........................................................................................................ 98
5.2.3 Consent Policies...................................................................................................... 100
5.2.4 Subdivision Policies ................................................................................................ 101
5.3
DEEMING PLANS OF SUBDIVISION .................................................................... 102
5.4
SITE PLAN CONTROL ............................................................................................. 102
5.5
SITE PLANNING AND DESIGN GUIDELINES ..................................................... 104
5.6
ZONING BY-LAWS AND HOLDING PROVISIONS ............................................. 104
5.6.1 General ................................................................................................................... 104
5.6.2 Holding Zones ......................................................................................................... 105
5.6.3 Interim Control By-laws ......................................................................................... 106
5.6.4 Temporary Use By-laws .......................................................................................... 106
5.6.5 Conditional Zoning ................................................................................................. 106
5.7
COMMITTEE OF ADJUSTMENT ............................................................................ 107
5.8
PLANNING APPLICATIONS - REQUIRED INFORMATION AND MATERIALS ...
..................................................................................................................................... 107
5.9
PUBLIC PARTICIPATION AND PUBLIC NOTICE PROCEDURES..................... 109
5.10
PUBLIC WORKS AND CAPITAL WORKS PROGRAM ........................................ 109
5.11
MAINTENANCE AND OCCUPANCY BY-LAW ................................................... 109
5.12
THE MUNICIPAL ACT ............................................................................................. 111
SECTION 6
INTERPRETATION .................................................................................... 112
Township of Elizabethtown-Kitley
Official Plan - December 2018 Office Consolidation
Page 1
SECTION 1
INTRODUCTION
1.1
PLANNING ACT CONTEXT
1.
Pursuant to Section 17 of the Planning Act, R.S.O., 1990, Chapter P.13, as
amended, Council is charged with responsibility for preparing and adopting an
Official Plan for the Township of Elizabethtown-Kitley. Pursuant to Section 26 of
the Planning Act, Council is required to review its Official Plan from time to time,
but not less than once every ten years, to determine the need to revise it. This Plan,
which constitutes a major update to the 2005 Official Plan, has been prepared in
response to these requirements.
2.
Pursuant to Section 26 of the Planning Act, as amended, Council shall adopt an
implementing Zoning By-law no later than three years after the approval of the
Official Plan. Such Zoning By-law shall be adopted no later than three years after
any comprehensive update to this Plan that comes into effect.
3.
The Planning Act also provides that, where an Official Plan is in effect, no public
work shall be undertaken and no By-law shall be passed for any purpose that does
not conform to the Official Plan, with certain exceptions as provided by Section 24
of the Planning Act. This Plan will guide Council in its future decision making
pursuant to this requirement.
4.
In exercising its planning authority, Council shall have regard to matters of
Provincial Interest set out in Section 2 of the Planning Act. From a policy
perspective, this Plan contains policies and terminology which are intended to
reflect matters of provincial planning interest as expressed in the 2014 Provincial
Policy Statement issued under the authority of the Planning Act. Where any term
used in this Plan is meant to address matters of provincial interest, the definition in
the 2014 Provincial Policy Statement shall be consulted.
5.
The Planning Act also provides that an Official Plan for a lower-tier municipality
shall conform to the Official Plan for any upper-tier Municipality. This Plan
contains policies which are intended to conform to the policies of the Official Plan
for the United Counties of Leeds and Grenville. The reader is also encouraged to
refer to the Counties' Official Plan.
6.
Section 17 of the Planning Act sets out required processes and procedures for
amendments to Official Plans. Council shall be guided by these requirements in
dealing with applications for Official Plan amendments from the public, as well as
those amendments initiated by Council.
Township of Elizabethtown-Kitley
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Official Plan - December 2018 Office Consolidation
1.2
INTRODUCTORY STATEMENTS
1.2.1 Title and Components
1.
This Plan shall be known as the:
Official Plan of the Township of Elizabethtown-Kitley.
2.
The Plan consists of six Sections and six Schedules:
Section 1
Introduction
Section 2
General Development Policies
Section 3
Land Use Policies
Section 4
Transportation
Section 5
Implementation and Administration
Section 6
Interpretation
Schedules
A1 - Elizabethtown-Kitley North
A2 - Elizabethtown-Kitley Central
A3 - Elizabethtown-Kitley South
B1 - Elizabethtown-Kitley North
B2 - Elizabethtown-Kitley Central
B3 - Elizabethtown-Kitley South
3.
Section 1 is informative in nature and primarily describes the context, general
purpose and objectives of the Plan.
Section 2 sets out various general policies which apply to development, regardless
of the land use designation in which it is situated. Among other matters, a number
of the policies in this section relate to considerations that must be addressed in
undertaking development or site alteration due to the existence of various on-site
or adjacent area features, constraints, existing uses or land use designations.
Section 3 contains policies for various land uses that are specific to the land use
designations shown on the Schedules.
Section 4 deals with transportation-related policies.
Section 5 states the policies for the implementation and administration of the Plan.
Among other matters, the section sets out the policies applicable to the division of
land.
Section 6 provides guidance with respect to the interpretation of the Plan.
Township of Elizabethtown-Kitley
Official Plan - December 2018 Office Consolidation
Page 3
Schedules A1, A2, and A3 set out the land use designations and road status. For
the purpose of this Plan, Schedules A1, A2, and A3 shall collectively be referred to
as Schedule A, unless otherwise noted.
Schedules B1, B2, and B3 identify various features and development constraints
referred to throughout the Plan and should be considered in the planning process.
For the purpose of this Plan, Schedules B1, B2, and B3 shall collectively be referred
to as Schedule B, unless otherwise noted.
It is noted that lands in abutting municipalities near the municipal boundary may
also contain various features and development constraints that should be considered
in the planning process. Accordingly, the reader is advised that when reviewing
lands for the presence of development constraints, it may be necessary to screen for
relevant features and development constraints on nearby lands in neighbouring
municipalities.
4.
Appendices which are used by the Township for screening purposes in relation to
planning applications are attached to this Plan. These Appendices are provided
solely for ease of reference and do not form part of the Plan.
1.2.2 Application
This Official Plan applies to the entirety of the Township of Elizabethtown-Kitley.
1.2.3 Intent
1.
This Plan is intended to support several broad land use planning goals aimed at
supporting and enhancing the quality of life for those who live and work in, or visit,
the Township. These goals include:
1.
To manage future growth and development in a logical and orderly manner
in response to anticipated needs, having regard to economic, social, cultural,
environmental and other considerations;
2.
To protect the natural and cultural heritage resources of the Township from
development-related impacts in recognition of the long-term environmental,
economic and other values of these resources;
3.
To address potential health, safety, environmental and property damage
concerns by directing development away from areas associated with risks;
4.
While pursuing the foregoing goals, the Township seeks to:
- Focus population growth to Settlement Areas and Residential areas;
Township of Elizabethtown-Kitley
Page 4
Official Plan - December 2018 Office Consolidation
- Focus economic and employment growth to Settlement Areas,
Commercial areas and Industrial areas;
- Preserve the predominantly rural character of the Township;
- Foster environmentally-sustainable opportunities to live, work and visit
in the Township;
- Ensure the financial health of the Township through responsible land
use and other public policy decisions.
2.
The Official Plan is intended to be of use to both private and public interests.
Through the Plan, private interests will have a clearer understanding of Council's
policies for future development and, hence, be able to plan accordingly. Public
interests will benefit by possessing a documented policy framework by which to
prepare comprehensive Zoning By-laws and other tools of implementation, make
planning and land use decisions, as well as identify and program the delivery of
needed services and facilities in a cost-effective way.
1.2.4 Scope
The Official Plan is a legal document but does not, by itself, control or regulate the
development of land by private interests. Rather, detailed control and regulation is
accomplished primarily through various implementation tools such as comprehensive
Zoning By-laws and Site Plan Control By-laws.
The Official Plan contains policies which are intended to guide public and private interests
in such a way as to ensure the best form of development under the most desirable
conditions. In addition, the Official Plan sets out guidelines for the preparation of
municipal regulations which implement the Plan, establishes policies to govern both the
division and development of land and, finally, identifies public actions which need to be
taken to support community development.
1.2.5 Planning Period
This Official Plan is intended to guide the future development of the Township to the year
2031. The reader is cautioned, however, that the Plan has been prepared on the basis of
existing conditions and information available at the time of the Plan's preparation. An
Official Plan should be viewed as a work in progress and it is intended that as conditions
change, as new information becomes available, and as our understanding of issues and
priorities changes, there will be a need to review various policies from time to time.
Pursuant to Section 26 of the Planning Act, Council intends to hold a public meeting not
less than once every ten years to determine the need to review the Plan.
Township of Elizabethtown-Kitley
Official Plan - December 2018 Office Consolidation
Page 5
1.3
BASIS AND OBJECTIVES
1.3.1 General
The policies set out in this Official Plan have been determined by historical development
patterns, existing circumstances and present trends, as well as certain fundamental
principles that have been identified in the preparation of the Plan.
Considering the fact that the Township Official Plan is relatively current (2005) and the
policy direction continues to be regarded as relevant by Council, this Plan has been updated
to build upon the planning policy foundations of the existing Official Plan and to ensure
that current Provincial and County interests have been addressed. This Plan continues to
attempt to harmonize land use policies across the Township in the interests of equity and
administration, and efforts have been made to recognize the uniqueness, diversity and
historical importance of the various parts of the Municipality.
During the course of the preparation of the Official Plan, Council, as well as an Official
Plan Steering Committee provided input and guidance. The Plan reflects many
contributions resulting from their local knowledge, expertise and ideas.
Collectively, the foregoing activities and documents form the foundations for the basis and
objectives of this Official Plan.
1.3.2 Basis of the Plan
The Township of Elizabethtown-Kitley came into being on January 1, 2001, as an
amalgamation of the former Townships of Elizabethtown and Kitley. Elizabethtown-
Kitley stretches from the shores of the St. Lawrence River northward to the southern most
limit of the Township of Rideau Lakes and encompasses an area of approximately 554
square kilometres. The Municipality is distinct in that it surrounds the City of Brockville,
includes shoreline development along the St. Lawrence River as well as predominantly
rural countryside which extends north to the southern boundary of Rideau Lakes Township.
The linearity of the Township, its large and diverse land area and its proximity to an urban
centre pose certain challenges to the development and implementation of land use and other
policies.
Both former townships that make up Elizabethtown-Kitley have a documented history of
attempting to conserve the agricultural and rural flavour of the Township and preventing
the scattered or random urbanization of lands that could significantly undermine the sense
of rural character that the Township aims to maintain. With the formation of the new
Township and the revisiting of previous land use policies, it has been determined that it
remains appropriate that these protective policies be continued. Furthermore, in
recognition of the fact that development pressures to develop Rurally-designated lands will
continue to be an issue for the Municipality, policies to reinforce the preservation of the
Township's rural character are maintained and further emphasized by this Plan.
Township of Elizabethtown-Kitley
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Official Plan - December 2018 Office Consolidation
The majority of future population growth will continue to be focused within the existing
traditional settlement areas found in the Township's numerous villages and hamlets. The
policies of this Plan are designed to support this initiative, although it is recognized that
increased concerns with the sustainability of development on private services for reasons
related to water quality, findings from the "Leeds Grenville Groundwater Study" and
Provincial policy direction on servicing issues could have a profound effect on village and
hamlet development. Despite the implications of these considerations for more intense
forms of development within traditional settlements, this Plan must provide sufficient
development lands to meet current and future demands.
The Township of Elizabethtown-Kitley could be characterized as being composed of
several distinct elements: a predominantly rural and agricultural community served by
small traditional settlement areas, a suburban catchment area to Brockville and an area of
a long-standing mix of residential, tourist/recreational and industrial development between
Highway No. 401 and the St. Lawrence River. This last area adjacent to the St. Lawrence
River is somewhat isolated from the balance of the Municipality by Highway No. 401
which creates a strong physical barrier between those lands to the north of the highway and
those lands to the south.
Because of growth pressures to develop in the rural countryside or adjacent to the St.
Lawrence River, policies will aim at controlling development to low density forms located
in a manner that would not alter the area's agricultural and rural character.
Rural character is that which differentiates the rural area from an urban or semi-urban
setting. It is the mix of agricultural uses and low density, widely separated and randomly
located dwellings on large rural parcels in a predominantly natural setting. It is
distinguished by open countryside, fields, hedgerows and wooded areas. It is the
predominance of the natural environment over the built environment. Rather than the
ordered, repetitive built pattern found in urban areas, the development pattern is
discontinuous with generally large lot sizes and frontages, together with setbacks which
vary greatly. The impression is one of an open, agricultural or natural landscape rather
than one dominated by human-made structures and manicured yards.
The development form which has the largest negative impact on rural character is clusters
or rows of residential development at either a density, or under development standards,
which allow the built environment to dominate. Smaller lot sizes, frontages and setbacks
are not characteristic of the rural area and if allowed to any significant extent, they alter the
character. To protect rural character, policies are required that recognize and protect
qualities that define and enhance that character.
The agricultural area is an area in which the predominant constraint to development is the
need to protect prime agricultural lands. Rural character is more easily achieved in prime
agricultural areas because controls on forms of built development are very strict and protect
the agricultural land. The rural countryside is maintained for the most part by prohibiting
subdivisions and imposing very stringent controls over consents, as well as preventing the
intrusion of non-agricultural uses.
Township of Elizabethtown-Kitley
Official Plan - December 2018 Office Consolidation
Page 7
In rural areas which are not comprised of prime agricultural lands, the protection of
character is not as easily achieved. The policies developed to do so must specifically
identify the character that is to be protected and establish controls which will protect the
area. These policies should include requirements for a variety of lot sizes, mixed
agricultural and rural uses and a discontinuous development pattern. Controls to ensure
that development is appropriate can be implemented through zoning provisions,
restrictions on subdivision development, site plan control and environmental impact
reviews, where warranted.
Development in settlement areas such as villages and hamlets is primarily dictated by the
ability to provide a safe water supply and sewage treatment system for each property, but
lot sizes, set backs, road standards, drainage facilities and woodland preservation do much
to affect the character of the community. The factors are best controlled by the use of the
subdivision process.
In the past, attempts to regulate the density of development in agricultural or rural areas
have centred on the use of minimum lot size standards, a limit on the number of severances
that can be approved as well the use of an "average density" policy. This Plan, while it
includes certain policies related to these factors, also encourages more community design
and environmental policies as an aid to applicants and Township officials.
The basis of this Plan is to reinforce the preservation of the active agricultural community
and the rural character of the Township while recognizing that some forms of development,
particularly along what is commonly known as the County Road No. 29 Corridor, will have
to be accommodated to meet the needs of the community and its residents.
The Corridor Area generally includes those lands within approximately 800 metres of
County Road No. 29 and lying between the Brockville city limits and New Dublin Road.
It includes the population centres of Tincap and Spring Valley, the Township's and the
Coon's Industrial-Business Parks, as well as various stand-alone commercial and industrial
uses. The following vision has been established for the County Road No. 29 as part of the
background research to this Plan.
****
The County Road No. 29 Corridor is a main entryway into Elizabethtown-Kitley and
should reflect the Township's rural character to the extent possible, having regard to the
corridor's gateway role. The area should continue to support a mix of land uses including
industry and commerce, housing and community facilities such as schools, churches and
recreational facilities. The Corridor shall be a healthy and prosperous commercial and
industrial area for the Township and it is envisioned that new development should be
directed to existing industrial-business parks. Due to the area's gateway role, emphasis
must be placed on achieving high standards of site development.
As well as providing employment opportunities and satisfying some local needs for goods
and services, the Corridor area is home to a significant number of the Township's residents.
Township of Elizabethtown-Kitley
Page 8
Official Plan - December 2018 Office Consolidation
The Township seeks to maintain and improve the quality of life for these residents through
controlling the expansion of non-residential development and ensuring that environmental
and aesthetic impacts, as well as land use incompatibilities, are minimized.
A safe and efficient transportation system should be provided for the area. Direct
connections shall be established between destinations within the area, as well as primary
travel corridors to adjoining areas. County Road No. 29 will continue to be a primary
travel corridor, therefore, there is a need to balance local access requirements with the
road's inter-city connector function.
Existing open rurally-used lands, as well as historical buildings, should be preserved to
enhance the area's rural character and historical flavour. In addition, development on large
parcels of undeveloped land within the Corridor area will be restricted in order to maintain
the distinctness of the various built-up areas and settlement areas, as well as to provide a
buffer between these areas.
The overall attractiveness and character of the corridor will be enhanced through
innovative site design, landscape improvements and new building design. The area should
incorporate streetscapes that are inviting and offer a sense of the character of the Township,
particularly along County Road No. 29. As one traverses this segment of road, the distinct
nature of the various parts of the Corridor should be identifiable. For example, transitions
from commercial-industrial nodes and settlement areas should be readily apparent and
emphasized by recognizable entry features to create a positive experience for those
travelling through or within the Corridor.
The Corridor is not conceived as an urban area, therefore, major shopping plazas and big
box stores that are normally found on municipal services are not contemplated.
*****
At a Township-wide level, the basic thrust of this Plan is to continue to direct modest
growth to settlement areas and selected locations in the south portion of the Township, and
to limit development in rural and agricultural areas to that which meets the goals and
objectives of the Plan.
Some observations and considerations in the development of policies to support this vision
follow:
1.
While the Township of Elizabethtown-Kitley is located beyond the commonly
acceptable daily commuting distance to major centres such as Ottawa and Kingston,
the south part of the Township has felt development pressures related to its
proximity to the City of Brockville. In contrast, few pressures have been observed
in the more sparsely developed north portion of the Township.
2.
Excellent east-west connections via Highway No. 401 and County Road No. 2 have
also influenced development patterns and created some localized development
pressures.
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3.
The area to the south of the Highway No. 401 is a significant draw for residential
and other development because of its proximity to the St. Lawrence River as well
as the above-mentioned transportation routes. Notwithstanding this, it is the
Township's desire that settlement areas as well as larger serviced urban
communities outside Elizabethtown-Kitley continue to fulfill the primary role as
retail, service and social-cultural centres for the Township.
4.
It is recognized that some forms of commercial and industrial development will be
permitted within the County Road No. 29 Corridor, however, large retail, "big box"
uses are not desired and should be directed to serviced urban areas.
5.
The historical role of the Township's various villages and hamlets as residential
communities and local service centres will be supported and encouraged.
6.
The Township recognizes the fundamental importance of the business community,
particularly in relation to its contributions to the tax base and providing local
employment, but also to the tourism and recreational sectors of the economy. The
Township seeks to support the creation and economic health of local enterprises, as
well as to ensure that unacceptable environmental impacts and land use conflicts
are not generated through their activities. This is particularly important in
settlement areas, adjacent to the St. Lawrence River and in the County Road No.
29 Corridor where a wide land use mix is found within relatively small areas.
7.
By the end of this Official Plan's planning period in 2031, the Township's
population will be approximately 10,010 permanent residents, in keeping with the
growth allocation as set out in the Counties' Official Plan. Nonetheless, this Plan
accommodates higher growth rates in both the settlement areas and rural areas. It
is, however, recognized that there are variables outside Council's control that can
influence population and household growth and which are somewhat dependent on
policies and trends in other jurisdictions. These could have a significant impact on
land use needs and requirements and accordingly, shall be monitored. These factors
shall be considered when evaluating the need to revise the Plan, pursuant to the
"ten-year" review requirement of the Planning Act.
8.
A combination of factors, including a decline in traditional employment
opportunities, increased awareness of environmental concerns and a toughening
regulatory environment, has led to a continuing decline in residential development
activity over the past decade. This has translated into falling lot creation and
residential building permit activity. Building permits over the last ten years has
averaged approximately 14 new dwellings per year, while lot creation over the same
period has averaged approximately 7 lots per year.
1.3.3 Objectives of the Plan
The objectives set forth in this Plan have evolved from the historical development and
character of the Township's natural, economic, social and cultural environments. These
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objectives reflect Council's vision for the Township's development in the coming years
and shall be used to guide Council's decisions.
General
1.
To preserve and enhance the rural character of the Township through focussing the
bulk of new development to lands specifically designated for such purpose.
2.
To protect existing land uses from the impacts of incompatible development and to
ensure that new or expanding uses are well integrated into existing developed areas.
3.
To establish detailed land use policies to be used as the basis for evaluating
development proposals, particularly in those instances where such proposals may
be in keeping with some objectives but in conflict with others.
4.
To establish detailed land use policies to avoid the blurring of closely physically-
situated communities and to encourage a sense of rural character within the County
Road No. 29 Corridor.
5.
To conduct planning with an open process, producing policies which are fair in
their distribution of benefits and influences.
Economic Development
1.
To strengthen the role of settlement areas as local commercial, residential, social,
and cultural centres for the Township, as well as to enhance their function in
providing services and facilities that cater to tourists.
2.
To recognize the County Road No. 29 Corridor (Brockville city limits towards New
Dublin Road) as a main entryway into Elizabethtown-Kitley and to ensure this area
reflects the Township's rural character to the extent possible, having regard to the
corridor's gateway role. The area should continue to support a mix of land uses
including industry and commerce, housing and community facilities such as
schools, churches and recreational facilities.
3.
To direct new commercial and industrial development principally to existing
industrial-business parks and to support appropriately designated portions of the
County Road No. 29 Corridor area as healthy and prosperous commercial and
industrial areas for the Township.
4.
To encourage steady, diversified and balanced economic growth to build a more
favourable assessment base and to ensure a reasonable range of employment
opportunities in order that young people will choose to stay in, or return to, the
Township.
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5.
To ensure that land use designations and related policies foster economic growth
and diversification, including opportunities for home-based and tourism-based
businesses.
6.
To support both existing local businesses and agricultural operations in recognition
of the vital and historic role these sectors have played in the Township's
development.
Housing
1.
To continue to provide a range of opportunities for living in the rural area,
settlement areas and subdivision lands in a manner that maintains the rural character
of the Township and the integrity of the environment. The character of the
community, combined with servicing constraints, dictates that single-detached
housing should continue to dominate new residential development.
2.
To promote development patterns in Settlement Areas that efficiently use land,
resources, infrastructure, and public service facilities, through compact urban
forms, a mix of land uses, and appropriate densities.
3.
To preserve the historical sense of community in the small Settlement Areas of the
Township, the rural area and the Township as a whole.
4.
To encourage the provision of an adequate supply and range of housing types and
supporting amenities to satisfy the needs of existing and future residents, including
those with special needs.
Natural and Cultural Heritage and Natural and Human-made Hazards
1.
To identify and protect environmentally-sensitive areas and to ensure that
development is compatible with such areas.
2.
To provide for the protection of natural resources, such as agricultural lands,
wooded areas, ground and surface water, mineral aggregates and minerals.
3.
To conserve and protect cultural heritage resources, including historic areas,
buildings, sites, landmarks, landscapes and archaeological sites.
4.
To protect significant natural heritage features such as wetlands and areas of natural
and scientific interest from development-related impacts.
5.
To promote sustainable development and energy conservation practices through the
planning and development approval processes.
6.
To minimize risks to persons and property arising from natural hazards such as
flooding, organic soils and steep or unstable slopes.
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7.
To ensure that, in reviewing development proposals, adequate attention is paid to
human-made hazards such as contaminated sites or abandoned mine sites.
8.
To ensure that, in reviewing development proposals, potential impacts of climate
change that may increase the risk associated with development near natural hazards
are considered.
Municipal Services
1.
To provide municipal services at a level consistent with the expectations of
Township residents and the ability of the Township to provide such services.
2.
To ensure the continued sound financial and administrative management of the
Township.
3.
To provide a safe, efficient and well maintained transportation system, including
the encouragement of alternatives to automobile use.
4.
To permit development on private water supply and sewage disposal services,
except for limited development on partial services along County Road No. 2 on
lands designated Residential, as well as any municipal servicing required to
remediate a public health threat.
5.
To develop and maintain sufficient parkland, open space and community facilities
to meet the needs of various age and socio-economic groups.
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SECTION 2
GENERAL DEVELOPMENT POLICIES
2.1
INTRODUCTION
The policies of this section deal with development considerations that are generally
applicable to various land uses within the Township and should be read in conjunction with
the specific land use policies contained in the Land Use Policies section of this Plan.
2.2
ECONOMIC POLICY
The Township believes that the economic success of employment-oriented enterprises such
as those intended to locate on lands within the Township's Industrial/Business designation
is enhanced through encouraging them to develop in a focussed, agglomerated fashion.
Accordingly, this Plan attempts to consolidate existing and future industrial-business
development within portions of the County Road No. 29 Corridor Area (Lot 16, Concession
3, and Lots 20 and 21, Concession 4, on Schedule A3) by designating these areas as
Industrial/Business and including policies throughout the Plan to encourage focussed
development. Within these two designated industrial-business parks, it is anticipated that
the majority of light and medium industrial enterprises can be accommodated. Longer term
demand for additional designated lands in the south part of the Township will be
encouraged principally through the extension of these existing areas.
Additional lands elsewhere in the Township may also be designated to permit industrial
and commercial uses, both through the Plan as adopted and through future amendments to
the Plan. In relation to the latter, it is recognized that the north (Kitley) portion of the
Township lacks significant lands designated to accommodate new industrial-business or
commercial uses and that, accordingly, redesignations are likely to be required. The
Township shall encourage focussed, concentrated redesignations that provide for a
coherent grouping of uses, rather than scattered, ad hoc development consisting of
dispersed, stand-alone uses. This policy will result in a rational, efficient land use pattern,
as well as offer the benefits of agglomeration economies to businesses clustered within the
designated areas. Council shall, when considering proposed development, bear in mind
the financial position of the Township and shall attempt to secure and maintain a
satisfactory ratio between industrial/commercial assessment and residential assessment. If
required, Council may deem applications for further residential development as premature
until such time as it is satisfied that it has the financial resources to continue to supply
needed municipal services and community facilities. Where Council has concerns in this
regard, it may request the proponents of proposed developments to undertake studies which
examine these issues to Council's satisfaction.
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From time to time, in consultation with the appropriate agencies, Council shall review any
increase in municipal costs which is associated with the provision of services and which is
attributed to development activity. The results of these reviews shall serve, in part, as the
basis for Council's decisions and recommendations regarding the approval of development
proposals. Where appropriate, Council may impose such conditions as it regards necessary
to minimize or eliminate such costs, including the adoption of a Development Charges By-
law, pursuant to the provisions of the Development Charges Act.
2.3
HOUSING AND AFFORDABILITY POLICIES
1.
Policies have been included in this Plan to ensure that:
1.
There is at least a ten-year supply of land designated and available for future
residential development;
2.
A variety of housing options, including second units, are accommodated to
meet the needs of present and future residents, including those that require
special needs, housing for persons with physical, sensory or mental health
disabilities, and housing for older persons, subject to the limitations
imposed by servicing and environmental considerations;
3.
The provision of new housing is encouraged to take place in the more built-
up areas of the Township such as communities designated Settlement Area,
as well as in areas specifically intended to accommodate residential uses
and which are designated Residential.
2.
The Township intends to review the comprehensive Zoning By-law to implement
the housing policies referred to above.
3.
The Township intends to monitor the residential land supply and the type and
density of housing approved and constructed pursuant to this Plan.
4.
It is acknowledged that the Township is only one municipality within a wider
regional market area and is unable to accommodate all forms of residential
development. Higher density, multiple-unit residential developments are generally
better suited to urban, municipally-serviced communities outside the Township, but
within the regional market area.
5.
The Township will endeavour to achieve an overall minimum affordable housing
target of 25% for all new residential development. It is recognized that the target
may not be achievable on a yearly basis; therefore, a five year average shall be used
to evaluate the Township's success in meeting its affordable housing objective. For
the purpose of this Plan, affordable shall be defined as per the definition in the 2014
Provincial Policy Statement.
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6.
The Township may consider alternative design standards in the development of
new subdivisions.
7.
The Township shall ensure that the Zoning By-law does not require standards
which preclude the development of affordable housing, especially as it relates to
house and lot sizes.
8.
The Township may use incentives such as grants or loans through community
improvement plans or other tools permitted by the Planning Act or Municipal Act
in order to achieve the affordable housing policies in this Plan.
9.
The Township may consider the use of inclusionary zoning as a tool to achieve
affordable housing objectives.
2.4
EDUCATIONAL FACILITIES
It is the intention of the Township to work closely with the relevant school boards in
determining the need and location for future educational facilities, and in integrating
educational facilities with the Township's other community facilities. Where development
applications could significantly affect present or future educational facilities, the school
boards will be consulted.
2.5
COMMUNITY IMPROVEMENT
1.
It is Council's goal to maintain, rehabilitate and upgrade the physical environment
in order to enhance the Township as an attractive place in which to live and work,
as well as visit as a tourist or business traveler.
2.
In order to achieve this goal, it is Council's intention to implement a program of
community improvements, as defined in the Planning Act, which will fulfill the
following objectives.
1.
Throughout the Township, to foster improvements by:
1.
Establishing and maintaining the physical infrastructure which is
necessary and appropriate for the various areas and land uses,
including storm drainage, roads, lighting, community facilities, etc.
In relation to lighting this may include 'dark skies' lighting
initiatives on both public and private property;
2.
Encouraging property owners to take pride in the appearance of their
own property and Township lands in general;
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3.
Encouraging tree-planting initiatives for aesthetic, environmental,
solar protection and other benefits;
4.
Promoting the remediation of industrial, commercial and
institutional land uses that are contaminated;
5.
Supporting and encouraging the preservation, rehabilitation, and
enhancement of cultural heritage features;
6.
Fostering the improvement of business and public spaces to remove
barriers which may restrict accessibility.
2.
In traditional settlement areas, to foster improvements by:
1.
Striving for an equitable distribution of social amenities to serve
various parts of the Township in facilities which are well
maintained, well located, and easily accessible;
2.
Ensuring the maintenance of the existing housing stock and
encouraging the rehabilitation, renovation and repair of older
dwellings;
3.
Maintaining attractive communities with the necessary physical
attributes to create pleasant, easily accessible local service areas;
4.
Providing incentives to foster a healthy local economy for area
businesses;
5.
Ensuring that proposed changes (additions, alterations, etc.) to
existing businesses enhance the area and are compatible with
adjacent land uses;
6.
Encouraging the participation of the private sector in community
improvement
initiatives
by
involving
local
merchants,
businesspersons, residents, and civic leaders;
7.
Ensuring that the undertaking of specific community improvement
projects does not unduly burden the financial capability of the
Township; and
8.
Ensuring that when undertaking community improvement projects
due regard is given to compatibility with neighbouring land uses.
3.
This Plan designates the entire Township of Elizabethtown-Kitley as a Community
Improvement Policy Area.
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Council will undertake various improvement programs throughout the Township,
as financial resources permit and as local support of residents and the business
community dictate.
4.
Council may establish community improvement project areas, as local municipal
resources allow and as government funding becomes available. Council recognizes
that improvements will be undertaken gradually and that it will be necessary to
select project areas on a priority basis. The following considerations shall be taken
into account in determining high priority areas for community improvement:
1.
The level of deterioration of municipal infrastructure;
2.
The function of the settlement area to the Township in terms of serving local
shopping, employment and social and cultural needs;
3.
The existing or potential significance of the settlement area in relation to
serving tourism-based economic development objectives.
5.
In order to achieve the objectives for community improvement, Council intends to
use a variety of implementation techniques and to choose the appropriate
technique(s) for each improvement initiative. Such techniques may include, but are
not limited to, the following:
1.
Preparation and adoption of community improvement plans;
2.
Designation of community improvement project areas by by-law;
3.
Application to the appropriate government agencies for funds to support the
Township's programs;
4.
Municipal acquisition of land within the community improvement project
area(s) and the clearing, grading or preparing of the land for community
improvement;
5.
Enforcement of by-laws dealing with property maintenance and enforcing
the Township's policies for property maintenance and occupancy;
6.
Preparation and adoption of an appropriate comprehensive Zoning By-law;
7.
Encouraging private sector rehabilitation by providing residents and the
business community with information on available government subsidies
and programs;
8.
Providing the framework for more flexible planning decisions by
establishing zoning regulations which encourage both residential and
commercial infill and a broad range of land uses within settlement areas;
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9.
Utilization of financial tools to encourage the remediation of contaminated
former industrial, commercial and institutional lands, as contemplated in the
Brownfields Statute Law Amendment Act;
10.
Designation of buildings or sites under the Ontario Heritage Act.
2.6
ACCESSORY USES
2.6.1 General
Wherever a use is permitted in a land use designation, it is intended that uses, buildings or
structures normally incidental, accessory or essential to that use shall also be permitted.
The comprehensive Zoning By-law that implements this Plan shall provide zone standards
applicable to the location and use of accessory structures.
Certain structures, such as docks, boathouses and other marine structures are only
permitted subject to permit requirements of approval authorities such as the St. Lawrence
Parks Commission (if adjacent to St. Lawrence River), the Ministry of Natural Resources
and Forestry and the relevant Conservation Authority. Such accessory structures shall be
designed and located in a manner which addresses the provisions of the Natural Heritage
Features and System section of this Plan, as well as matters such as non-interference with
navigation, fish and wildlife habitat, the natural flow of the water, potential damage from
water levels and ice, narrow water body constraints, access from land and water and privacy
impacts associated with projecting property lines into the water. Where structures extend
beyond the high water mark so that they are located partly or entirely in the beds of water
bodies, they shall be constructed and maintained in accordance with the regulations and
conditions of the Federal or Provincial authority having jurisdiction.
No boathouse or other marine structure shall contain a dwelling unit or any facilities for
human habitation.
Where a non-residential use is permitted as a principal use by the implementing Zoning
By-law, permitted accessory uses may include a dwelling which is accessory to such non-
residential use, except where incompatible for reasons of public health, public safety or
environmental impact.
In addition to the generality of the foregoing, the following specific policies shall apply to
uses which are accessory to a principal residential use.
2.6.2 Home-Based Businesses
Home-based businesses are small-scale economic activities conducted on the site of a
residential dwelling by the occupants. It is recognized that home-based businesses play an
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Page 19
important function in the provision of local employment opportunities to Township
residents.
It is the policy of this Plan to permit home-based businesses wherever residential uses are
permitted. The type and scale of home-based businesses shall be appropriately regulated
in the implementing Zoning By-law to ensure that such uses are clearly ancillary to the
main residential use, do not detract from the residential character of the property on which
they are located, and are compatible with surrounding uses. To this end, the implementing
Zoning By-law may restrict home-based businesses such that in certain areas they shall be
conducted entirely within the dwelling and only those uses with which there is no
associated noise, odour, smoke, significant outdoor display or other potential nuisances
shall be permitted. Traffic, parking, heavy vehicle storage and operation and road access
may also be regulated, having particular regard to potential functional and safety impacts.
Private home daycare facilities shall be permitted as a home-based business.
2.6.3 Bed and Breakfast Establishments
Bed and breakfast establishments are small-scale temporary lodging facilities typically
conducted within the operator's dwelling. Bed and breakfasts are an important component
of the Township's tourism strategy and are consistent with a low key, small-is-beautiful
approach to tourism that emphasizes development that is compatible with, and
complementary to, the picturesque landscapes and other natural and cultural heritage
resources found throughout the Township.
A bed and breakfast establishment shall generally be permitted in land use designations
that permit single-detached dwellings, provided that the physical character of such
dwellings is not substantially altered. Pursuant to this policy, the implementing Zoning
By-law shall define a bed and breakfast use, as distinct from a rooming or boarding house,
and shall establish zone provisions which restrict the bed and breakfast use so that it is
clearly an accessory use to the single dwelling.
2.7
SPECIAL RESIDENTIAL USES
2.7.1 Garden Suites
Garden suites are single dwellings that are designed to be portable in nature and ancillary
to a principal residential dwelling. Garden suites are intended to provide an affordable
housing option to support changing demographics and to support aging in place.
This Plan shall allow the establishment of a garden suite on any lot upon which a single-
detached dwelling is a permitted use, subject to the adoption of a site-specific temporary
use Zoning By-law amendment in accordance with the relevant provisions of the Planning
Act. In considering a request for a Zoning By-law amendment, the Township shall consider
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whether or not the increased intensity of use that would result from the garden suite can be
adequately addressed in the proposal. In this regard, the applicant shall be required to
demonstrate that the garden suite can be sited in accordance with applicable zoning
standards, that sewage and water services will be adequate and that there will be no
unacceptable impacts on adjacent land uses.
It is the intent of this Plan that a garden suite shall be removed from a lot at such time as it
is no longer required to accommodate the occupant for whom it was originally erected.
Pursuant to the provisions of the Municipal Act, an agreement between the owner of the
lands and the Township may be used to address this and other matters.
2.7.2 Second Units
Second units are self-contained dwelling units, often with a separate entrance, located
within and subordinate to an existing dwelling, that contains its own separate cooking and
bathroom facilities in addition to the usual living quarters. Second units are an efficient
and cost-effective means of increasing the supply of affordable housing and for providing
alternative living arrangements for those, by virtue of their age or a disability, that require
the support of others to live on their own.
In conjunction with a single dwelling, semi-detached dwelling or townhouse dwelling,
second units are permitted on the basis of one second unit per dwelling, except in relation
to residential uses where access is obtained by private roads. Second units are also
permitted in a detached accessory building, provided the principal dwelling does not
already contain a second unit.
Standards shall be established in the Zoning By-law to govern compatibility with both the
main dwelling and with surrounding land uses, as well to ensure a secondary relationship
to the main dwelling.
2.7.3 Group Homes
A group home is defined as a single housekeeping unit in a residential dwelling, in which
three to ten residents (excluding staff or receiving family) live together under responsible
supervision consistent with the requirements of its residents. The group home shall
typically be licensed or approved under Provincial Statute and shall be in compliance with
Municipal by-laws. The following policies shall apply to the establishment of group
homes.
1.
Group homes shall be permitted in single-detached dwellings in any designation in
which a single-detached dwelling is permitted.
2.
No person shall operate, or permit to operate, a group home without registering the
group home with the Township Clerk in accordance with the Township of
Elizabethtown-Kitley Group Home Registration By-law.
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2.8
PUBLIC AND INSTITUTIONAL USES
1.
Except as provided elsewhere in this Plan, public utilities and other public,
community, institutional or quasi-institutional uses which provide services such as
education, government, hospitals, protection to persons or property, electricity,
roads, airports, railways, wired and wireless telephone, gas, cable, but excluding
waste disposal, to the general public shall be permitted in all land use designations
on the Schedules provided that:
1.
Such use is necessary in the area, that it can be made compatible with its
surroundings, and that adequate measures are taken to ensure that proposed
sensitive land uses such as residences, day care centres and educational and
health facilities satisfy the policies of the Land Use Compatibility section
of this Plan;
2.
Such use shall not be permitted within the significant portions of the habitat
of endangered or threatened species, except in accordance with provincial
and federal requirements;
3.
Such use shall not be permitted within the Agriculture designation except
where there is no reasonable alternative location either outside the
designation or within the designation but on lands having a lower Canada
Land Inventory soil capability rating;
4.
The construction of permanent buildings and structures shall be prohibited
in any areas which are designated Natural Heritage - PSW. The
construction of permanent buildings and structures may be permitted within
the Natural Heritage designation subject to the provisions of the
Environmental Impact Assessments section of this Plan;
5.
In the case of the Natural Hazard designation, the construction of permanent
buildings and structures, which by their nature must be located on hazardous
lands, shall only be permitted in consultation with the relevant Conservation
Authority;
6.
The development of new communications towers should be undertaken in
accordance
with
Industry
Canada's
Radio
Communication
and
Broadcasting Antenna Systems protocol, or an alternative Township-
initiated protocol;
7.
Development that includes institutional uses (including hospitals, long-term
care homes, pre-schools, school nurseries, day cares and schools) or
essential emergency services or the disposal or manufacture, treatment or
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storage of hazardous substances shall not be permitted in the Natural Hazard
designation;
8.
The general intent of the policies of this Plan, as well as its Site Plan Control
requirements, shall be satisfied;
9.
The requirements of applicable legislation such as the Environmental
Assessment Act shall be satisfied.
10.
Electricity generation facilities and transmission and distribution systems
are permitted in all designations except Natural Hazards, subject to any
regulatory requirements for the utility involved. Electricity generation
facilities and transmission and distribution systems will be permitted in all
areas of the Township, including environmentally significant areas, where
it is clearly demonstrated through an environmental assessment process
under the Environmental Assessment Act, including an environmental
impact study, that it is the preferred location for the infrastructure.
2.
Notwithstanding the power of Federal, Provincial and County agencies or local
Boards as defined in the Planning Act to undertake public works by authority
granted under other statutes, Council shall endeavour to ensure that such
development will follow the general intent of this Plan and will be compatible with
the type, quality and character of the development in the area in which it is
proposed.
3.
Public and institutional uses shall be encouraged to locate within or near lands
designated Settlement Areas, except where the characteristics of such uses would
clearly be incompatible with surrounding land uses.
4.
In the case of airports, the Zoning By-law which implements this Plan may contain
height restrictions for buildings or structures to be located on adjacent lands situated
under the take-off/approach paths and transitional surface of the runways.
5.
Corridors and rights-of-way for infrastructure, including transportation and energy
generation and distribution systems, shall be protected. Where development is
proposed adjacent to existing or planned infrastructure corridors such as pipelines
and hydro or communications infrastructure, such development should be
compatible with, and supportive of, the long-term purposes of the corridor and
should be designed to avoid, mitigate or minimize negative impacts on and from
the corridor. Proponents shall be encouraged to undertake early consultation with
the relevant operating authority to ensure compliance with applicable regulatory
requirements.
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2.9
PARKS, TRAILS AND RECREATIONAL FACILITIES
1.
Parks, trails and recreational facilities shall generally be permitted in all land use
designations. Where active parks or active recreational facilities are proposed
within the Agricultural designation, however, they shall only be permitted if there
is no reasonable alternative location either outside the designation or within the
designation but on lands having a lower Canada Land Inventory soil capability
rating. Where such amenities are to be provided in the Natural Heritage - PSW,
Natural Heritage, or Natural Hazard designation, they shall be subject to all
applicable policies and regulations of these land use designations.
2.
It is the Township's intention to provide park and recreation facilities on a basis
consistent with the needs of the Municipality and to cooperate with other public,
quasi-public and private agencies in the provision of parks, trails and recreational
facilities.
3.
The Township may request the dedication of parkland or cash-in-lieu thereof as a
condition of the approval of planning applications, pursuant to the provisions of the
Planning Act.
4.
In the development of parks, trails and recreational facilities by the Township or
other public agencies, adequate parking areas shall be provided and facilities such
as ramps and walkways to enable persons with disabilities to reach amenities and
facilities shall be provided where possible.
5.
The Township views the development of recreational trail systems as an important
resource providing opportunities for active transportation, outdoor leisure and
recreation, tourism and interpretation of the natural environment.
6.
The Township shall investigate the public acquisition of abandoned railway rights-
of-way, or sections thereof, for alternate uses by the public. Acquisition of such
lands will be based upon the availability of public monies.
7.
In reviewing development applications for lands abutting or adjacent to parks, trails
and recreational facilities, the approval authority shall have regard to proposed land
uses and their physical relationship. The Township shall encourage uses that are
complementary and shall attempt to ensure that site layout and design is appropriate
to the preservation and enhancement of the park, trail or recreational facility. The
St. Lawrence Parks Commission (if adjacent to St. Lawrence River) and the
relevant Conservation Authority shall be consulted, as appropriate.
8.
When developing, maintaining, and improving parks, trails and recreational
facilities, consideration shall be given to the protection and enhancement of cultural
heritage resources, including potential impacts on archaeological sites and areas of
archaeological potential.
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2.10
CROWN AND CONSERVATION LANDS
1.
Crown and conservation lands include lands under Federal or Provincial
jurisdiction and managed by agencies such as the St. Lawrence Parks Commission,
the Ministry of Natural Resources and Forestry and Conservation Authorities. In
addition, some conservation lands are owned and managed by not-for-profit
organizations. Crown and conservation lands are of major importance to the
Township for their value as natural and cultural heritage resources, as well as
recreational and tourist resources that generate significant economic benefits.
2.
Where a change to either the type or intensity of land use on crown or conservation
lands is contemplated, the St. Lawrence Parks Commission, the Ministry of Natural
Resources and Forestry and the relevant Conservation Authority, as applicable, are
encouraged to consult with the Township prior to such change occurring. Similarly,
where any consideration to the possibility of disposing of significant holdings of
crown or conservation lands is given, consultation with the Township at the outset
is expected.
3.
Where development or site alteration is proposed adjacent to crown or conservation
lands, the Township shall consult with the St. Lawrence Parks Commission, the
Ministry of Natural Resources and Forestry or the relevant Conservation Authority,
as applicable.
2.11
WAYSIDE PITS, WAYSIDE QUARRIES, PORTABLE ASPHALT PLANTS AND
PORTABLE CONCRETE PLANTS
1.
A wayside pit or wayside quarry is a temporary pit or quarry opened and used by
or for a public authority solely for the purpose of a particular project or contract of
road construction or maintenance.
A portable asphalt plant is an asphalt plant which is not of permanent construction,
but which is to be dismantled at the completion of a construction project and moved
to another location at the conclusion of the project for which it was constructed.
These facilities include equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt paving material, and also
include the stockpiling and storage of bulk materials used in the process.
A portable concrete plant is a concrete plant which is not of permanent construction,
but which is to be dismantled at the completion of a construction project and moved
to another location at the conclusion of the project for which it was constructed.
These facilities include equipment designed to mix cementing materials, aggregate,
water and admixtures to produce concrete, and also include the stockpiling and
storage of bulk materials used in the process.
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2.
Wayside pits, wayside quarries, portable asphalt plants and portable concrete plants
used on public authority contracts are permitted throughout the Township without
amendments to the Plan or the Zoning By-law or development permits under the
Planning Act, except in those areas designated as Natural Heritage - PSW, Natural
Heritage, Natural Hazard or Settlement Area, or other areas characterized by
concentrated existing development or environmental sensitivity that is
incompatible with extraction and associated activities.
3.
Lands used for the purposes of wayside pits, wayside quarries, portable asphalt
plants and portable concrete plants shall be rehabilitated upon the completion of the
project for which they were required. In the case of lands designated as Agriculture,
this shall include rehabilitation of the site to substantially the same area and same
average soil capability for agriculture as existed prior to the establishment of the
wayside pit, wayside quarry, portable asphalt plant or portable concrete plant use.
2.12
USES NOT CONTEMPLATED BY PLAN
1.
It shall be a policy of this Plan that any proposed new development which would
introduce a land use, different from those uses described in this Plan in terms of
scale, purpose or nature, and neither envisioned nor contemplated by Council, shall
be subject to detailed land use and environmental impact studies, and any other
studies deemed necessary by Council. Such studies will be conducted at the
proponent's expense. The intent of this policy is to place the onus on the proponent
to demonstrate that the introduction of a new use into the community would not be
to the detriment of the Township's economic, social, cultural, environmental and
financial base, would not have an adverse impact on municipal services, and would
not require additional municipal or community services.
2.
In addition, Council will encourage the proponent of such a use to consult
informally with the public to provide information concerning the proposed
development, as well as to obtain public input, prior to the submission of a formal
application.
3.
Any new use not contemplated by this Plan shall only be permitted through an
Official Plan amendment.
2.13
EXISTING LAND USES
There are a number of existing land uses which are non-conforming or non-complying. A
non-conforming land use is a use which is not included as a permitted use for the zone in
which the use is located, pursuant to the Zoning By-law that implements this Plan.
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A non-complying use is a use which is included in the permitted uses for the zone in which
the use is located, pursuant to the Zoning By-law that implements this Plan, but which does
not meet one or more performance standards of the zone such as those relating to yards or
water setback.
2.13.1 Changes to Non-Conforming Uses and Extensions or Enlargements
While the Township supports initiatives by property owners to replace non-conforming
uses with uses that conform to the Zoning By-law that implements this Plan, it is
recognized that Section 34(9) of the Planning Act accords non-conforming uses certain
rights to continue. In addition, the Township recognizes that it may be desirable to permit
changes to non-conforming uses or extensions or enlargements of non-conforming uses in
order to avoid unnecessary hardship.
Applications for changes to non-conforming uses or enlargements or extensions to such
uses shall only be considered where the use was: Legally-established prior to the adoption
of the Zoning By-law which rendered it non-conforming; continuous in nature since the
use's establishment; and, located on lands owned and used in connection with the use on
the day the Zoning By-law was passed. In considering applications, the following criteria
shall be applied:
1.
Any proposed change of use or extension or enlargement of the existing non-
conforming use shall not aggravate the situation created by the existence of the use,
especially in regard to the policies of this Plan and the requirements of the Zoning
By-law applying to the area.
2.
Any proposed extension or enlargement shall be in an appropriate proportion to the
existing size of the non-conforming use.
3.
The characteristics of the proposed non-conforming use or any proposed extension
or enlargement of the existing non-conforming use shall be examined with regard
to noise, vibration, fumes, smoke, dust, odours, lighting and traffic generation.
Applications which would create or aggravate land use incompatibilities shall not
be approved.
4.
Neighbouring conforming uses will be protected, where necessary, by the provision
of areas for landscaping, buffering or screening, appropriate setbacks for buildings
and structures, devices and measures to reduce nuisances and, where necessary, by
regulations for alleviating adverse effects caused by outside storage, lighting,
advertising signs, etc.
5.
Traffic and parking conditions in the vicinity will not be adversely affected by the
proposal and traffic hazards will be kept to a minimum by appropriate design of
ingress and egress points to and from the site and by improvement of sight lines
especially in proximity to intersections.
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6.
Adequate provisions have been or will be made for off-street parking and loading
facilities.
7.
Services such as storm drainage, roads and private sewer and water services are
adequate or can be made adequate.
8.
Applications for changes to non-conforming uses or enlargements or extensions to
such use within hazardous lands will only be considered where the change result in
development in an area of no or low risk, and in consultation with the relevant
Conservation Authority.
2.14
EXISTING UNDERSIZED LOTS
1.
The Zoning By-law which implements this Plan may include provisions to permit
the development of existing lots of record that do not meet the minimum size
requirements of this Plan, provided that zoning provisions such as yards, setbacks
and lot coverage can generally be met.
2.
In the case of waterfront lots or island lots, the minimum lot area shall generally be
0.2 hectares and a suitable building envelope to accommodate a main building,
septic system and driveway (where applicable) must exist outside any areas which
may pose a risk to life or property.
3.
In the case of existing undersized waterfront lots of record, the Zoning By-law
which implements this Plan shall include a floor space index provision that
effectively limits the maximum total floor area, excluding crawl space area, of any
dwellings on waterfront lots to 10% of the lot area.
4.
Lot additions or enlargements to existing undersized lots of record, shall be
encouraged even though the enlarged lot may not comply with the minimum size
requirements of this Plan.
2.15
MINOR VARIANCES
Where existing or proposed uses that conform to the use provisions of the Zoning By-law
implementing this Plan are non-complying with respect to performance standards, the
Committee of Adjustment may authorize minor variances from the provisions of the
implementing Zoning By-law provided that the general intent and purpose of the Official
Plan and Zoning By-law are maintained and that the variances are minor and desirable for
the appropriate development of the lands. The Township may, by by-law, establish
additional criteria to be considered by the Committee of Adjustment in the review of minor
variance applications.
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2.16
ROAD ACCESS
1.
A year-round, publicly-maintained road represents the optimal means of providing
access to properties from the perspective of convenience, safety and general welfare
of users. Historically, some waterfront development has occurred with private road
access. Additionally, some island and remote waterfront properties have been
developed on the basis of water access only. Finally, some isolated non-waterfront
uses related to agriculture, forestry, conservation and mineral resource exploitation
have obtained access by private roads.
2.
The Township views public road access as the preferred form of access to properties
and it will normally be required in order for development to proceed except in the
following situations:
1.
A limited amount of infill waterfront development in existing waterfront
areas may continue to occur with access by existing private road or water,
as set out in the Consent Policies and Transportation sections of the Plan.
2.
Agriculture, forestry, mineral resource and conservation uses not having an
accessory dwelling or any building or structure to which the public has
access may also be developed on the basis of private road or water access,
notwithstanding the policies of the Transportation section of this Plan.
2.17
LAND USE COMPATIBILITY
2.17.1 Development Adjacent to Mineral and/or Mineral Aggregate Designations or
Operations
1.
It is a policy of this Plan that existing or potential mining operations and mineral
aggregate operations will be protected from activities that would preclude or hinder
their establishment, expansion or continued use or which would be incompatible
for reasons of public health, public safety or environmental impact. For this reason,
the development of sensitive land uses such as residences, day care centres and
educational and health facilities within the influence area of existing pits and
quarries, and lands that are designated Mineral Resource shall be permitted only if
it can be demonstrated to the satisfaction of the approval authority that all issues
relating to public health, public safety and environmental impacts can be addressed
through setbacks or other mitigation measures without precluding or hindering the
use of, or access to, the mineral resource.
2.
An influence area is not a strict buffer or setback area where development adjacent
to Mineral and/or Mineral Aggregate designations or operations is automatically
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prohibited. The influence area is that area where impacts may occur or be
experienced. The proponent of the development would be required to identify the
potential impacts and to assess whether they can be mitigated to an appropriate
level when measured against Provincial standards. The influence area applies
between a sensitive land use and extractive operations and vice versa.
For policy purposes, the influence area in relation to pits is 300 metres, except in
the case of Class B pits where excavation is above the water table, in which case
the influence area is 150 metres. The influence area in relation to quarries is 500
metres.
3.
The influence areas for resource lands designated Mineral Resource - Mineral
Aggregate but which are not licensed for pits or quarries shall be dependent upon
the nature of the resource. The influence area shall be 300 metres or 500 metres
for lands designated on the basis of surficial or bedrock resources, respectively.
4.
Development and activities which would preclude or hinder the establishment of
new operations or access to mineral or mineral aggregate resources will only be
permitted if:
1.
Resource use would not be feasible; or
2.
The proposed land uses or development serves a greater long term public
interest; and
3.
Issues of public health, public safety and environmental impact can be
addressed.
Land use compatibility studies, prepared by a qualified professional, shall be
required in accordance with Provincial standards in relation to any proposal to
develop lands within the influence area of an existing pit or quarry and lands that
are designated Mineral Resource on the basis of mineral or mineral aggregate
resources, respectively. Land use compatibility studies may be required to address
such matters as hydrogeology, noise, and blast impacts, as well as conducting
mineral or mineral aggregate quality and quantity assessments to determine the
extent of the resource.
2.17.2 Development Where Agricultural and Non-Agricultural Uses are Adjacent
1.
It is a policy of this Plan to address land use compatibility issues related to non-
agricultural and agricultural uses through the application of the Minimum Distance
Separation I (MDSI) and Minimum Distance Separation II (MDSII) formulae, as
may be amended from time to time, to new non-agricultural uses and agricultural
uses, respectively.
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2.
The implementing Zoning By-law may include provisions exempting properties
from the application of MDS I and MDS II, as applicable, under certain situations
such as when rebuilding after non-voluntary building destruction, development
within settlement areas, development in proximity to cemeteries, and development
on existing lots of record. The Township may require that restrictive covenants
and/or notices be registered on title as a condition of an approval of a planning
application, where deemed appropriate.
2.17.3 Development Adjacent to Open or Closed Waste Disposal Sites and Sewage
Treatment Facilities
1.
The approximate locations of all known open and closed waste disposal sites and
sewage treatment facilities are identified on Schedule B to this Plan.
2.
Waste disposal sites, whether open or closed, have the potential to generate impacts
on the surrounding area related to such issues as air and water quality, aesthetics,
noise and traffic. For policy purposes, the influence area of a waste disposal site is
500 metres. A land use compatibility study shall be required in relation to any
proposal to develop new sensitive land uses such as residences, day care centres,
educational and health facilities and other uses requiring potable water within the
influence area. The study shall be prepared in accordance with the relevant
Ministry of the Environment and Climate Change D-series land use compatibility
guidelines, as may be updated by the Province, in order to address contamination
by leachate, surface runoff, ground settlement, visual impact, soils contamination,
hazardous waste and landfill-generated gases.
3.
Sewage treatment facilities such as waste stabilization ponds and sewage treatment
plants have the potential to generate impacts on the surrounding area related to such
issues as air and water quality, aesthetics, noise and traffic. Consequently,
separation distances between sewage treatment facilities and new sensitive land
uses such as residences, day care centres, educational and health facilities and other
uses requiring potable water are normally required. The minimum separation
distance for a sewage treatment plant shall be 100 metres, however, this distance
may be increased or decreased as a consequence of site-specific investigations and
conditions, as well as the application of the relevant Ministry of the Environment
and Climate Change D-series land use compatibility guideline, as may be updated
by the Province. For waste stabilization ponds the recommended separation
distance varies from 100 to 400 metres or more, depending upon the type of pond
and characteristics of the waste.
4.
The implementing Zoning By-law shall include provisions to prohibit the
establishment of new incompatible uses within the influence area of waste disposal
sites or within the recommended separation distance for sewage treatment facilities.
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2.17.4 Other Land Use Compatibility Policies
1.
It is a policy of this Plan to minimize conflicts between incompatible land uses. To
this end, distance separations and buffering will be provided for the purpose of
mitigating the adverse effects of one land use upon the other. A buffer may be a
simple horizontal separation, a berm, a wall, a fence, planting materials, a land use
different from the conflicting uses, but compatible with both, or any combination
of the aforementioned sufficient to accomplish the intended purpose. This policy
shall be implemented through various provisions in the implementing Zoning By-
law, as well as the mechanism of Site Plan Control, as appropriate.
2.
Proposed residential or other sensitive land uses within 300 metres of a railway
right-of-way will be required to undertake noise studies, and any proposed
residential or other sensitive land use development within 75 metres of a railway
right-of-way will be required to undertake noise vibration studies. In both cases,
the studies shall be completed to the satisfaction of the Township in consultation
with the railway authority, and the proponent shall undertake to mitigate any
identified adverse effects from noise or vibration through the implementation of
appropriate measures.
3.
In addition, certain land uses such as residences, day care centres and educational
and health facilities may be particularly sensitive to the effects of odour, noise,
vibration and other emissions associated with facilities such as rail and road
transportation corridors and various classes of industries. Recommended
separation distances for these classes of industries are included in the relevant
Ministry of the Environment and Climate Change D-series land use compatibility
guideline, as may be updated by the Province. Where proposed development is
likely either to have or to be subject to a significant influence relating to an adjacent
incompatible land use, a feasibility study, prepared by a qualified professional,
which includes mitigation measures shall be undertaken in accordance with the
relevant D-series guideline and to the satisfaction of the Township. Where
required, a legally-binding commitment to implement mitigation measures shall be
secured.
2.18
CULTURAL HERITAGE AND ARCHAEOLOGICAL RESOURCES
2.18.1 Cultural Heritage Resources
1.
Cultural heritage resources consist of built heritage resources such as historic
buildings, structures and other human-made features, as well as cultural heritage
landscapes, all of which have importance to the Township. The Township
possesses many examples of important sites and features, a number of which are
located in various settlement areas or other built-up areas such as Butternut Bay.
The Township recognizes the importance of these built heritage resources and
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cultural heritage landscapes and the role that they play in making the Township a
place of historic and cultural interest, both to local residents and visitors to the area.
The Township shall conserve significant cultural heritage resources by encouraging
the identification, protection, maintenance, restoration and enhancement of these
features.
2.
In reviewing development applications, the Township will consider the relationship
of proposed development to the contextual environment of existing buildings and
landscapes having cultural heritage interest. The Ministry of Tourism, Culture and
Sport, as well as the relevant Conservation Authority will be consulted, as
appropriate. New development will be planned so as to conserve, complement and
enhance cultural heritage resources.
3.
Development and site alteration shall not be permitted on lands adjacent to
protected heritage properties except where the proposed development and site
alteration has been evaluated and it has been demonstrated, through the preparation
of a Heritage Impact Assessment prepared by a qualified professional, that the
heritage attributes of the protected heritage property will be conserved.
4.
In the context of site planning, the Township shall consider the massing of buildings
and structures so as not to conflict with existing built heritage resources,
particularly in areas such as villages and hamlets. New development and
redevelopment should complement the character of existing buildings, structures
and the surrounding landscape.
5.
Council may, by by-law adopted pursuant to the provisions of the Ontario Heritage
Act, undertake the following:
1.
Designate properties for the conservation of heritage attributes that are of
cultural heritage value or interest;
2.
Define parts of the Township as areas to be studied for designation as
heritage conservation districts;
3.
Designate areas of the Township as heritage conservation districts in order
to control any development that may adversely affect the heritage features
of the area.
4.
Develop a municipal register of all properties of cultural heritage value or
interest designated under the Ontario Heritage Act.
6.
The Township shall seek the advice of the Municipal Heritage Committee pursuant
to the Ontario Heritage Act, if such Committee is formed, to assist and advise
Council on matters related to Parts IV and V of the Ontario Heritage Act and on
cultural heritage matters.
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7.
It is recognized that elements such as architectural style and building cladding and
colour are important components in the design of development in the design of
development that is sensitive to and reinforces the contextual environment. To the
extent that the legislation provides for controls such as those pursuant to the
Heritage Act, as well as through the Township's support for the development and
distribution of appropriate design guidelines by relevant agencies and
organizations, the Township will endeavour to encourage development that is
contextually supportive. Where appropriate, the Township will ensure cultural
landscape conservation and sympathetic design through the policies of the Site
Planning and Design Guidelines section of this Plan.
8.
Where economically feasible, Council intends to set an example to the community
by maintaining Township-owned buildings and properties of cultural heritage value
or interest in accordance with the intent of the policies of this section, whether or
not such buildings or properties have been designated.
9.
Council, in co-operation with the Municipal Heritage Committee, may also
implement a program to recognize outstanding achievements in the conservation of
buildings and properties of cultural heritage value or interest.
10.
Notwithstanding general restrictions on the conversion of residential buildings to
non-residential uses within the County Road No. 29 Corridor, special consideration
may be given to the conversion of identified historical buildings to uses that would
conserve and enhance such buildings and augment the role of the Corridor as a
gateway.
11.
The approval authority shall require the preparation of a Heritage Impact
Assessment, by a qualified professional, for a development proposal on lands
adjacent to significant cultural heritage resources.
12.
Council shall identify, and where feasible, conserve cultural heritage resources
when undertaking municipal public works projects.
13.
The interests of Aboriginal communities will be considered in conserving cultural
heritage resources.
2.18.2 Archaeological Resources
1.
It is recognized that there are known archaeological resources in the Township, and
certain areas of the Township have the potential to contain significant
archaeological resources. These resources may include the remains of buildings,
structures, activities, places or cultural features which, due to the passage of time,
are on or below the surface of land or water and are significant to the understanding
of a people or place. Some of these resources are of particular interest as they may
provide an enhanced understanding of the history of First Nations peoples and the
early settlement of the Township.
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2.
Development and site alteration shall not be permitted on lands containing
archaeological resources or areas of archaeological potential unless significant
archaeological resources have been conserved. It is a policy of the Plan that Council
will require the preparation and undertaking of an archaeological assessment for
properties with known archaeological sites and/or potential for archaeological
resources which may be affected by a development proposal. An archaeologist
licensed by the Ministry of Tourism, Culture and Sport must perform all
archaeological work according to the terms and conditions or their licence to the
satisfaction of the Township and the Ministry of Tourism, Culture and Sport.
Engagement with the Algonquins of Ontario is encouraged where archaeological
assessments are undertaken on lands within the Algonquin Traditional Territory, as
delineated on Appendix B.
3.
Applications for Official Plan and Zoning By-law amendments, plan of
subdivisions, plan of condominium or consent, as well as for the undertaking of
new infrastructure works (ie. new road, road widening, municipal or communal
water or sewage systems, waste disposal sites) will be screened for their
archaeological potential, using the criteria established by the Ministry of Tourism,
Culture and Sport. At the time of adoption of this Plan, the criteria have been set
out in the document entitled "Criteria for Evaluating Archaeological Potential: A
Checklist for the Non-Specialist" which identifies a site as having archaeological
potential when one of the following are present:
1.
A known archaeological site on or within 300 metres of the property or project
area;
2.
Aboriginal or local knowledge of archaeological sites on or within 300 metres
of the property or project area;
3.
Aboriginal knowledge or historically documented evidence of past
Aboriginal use on or within 300 metres of the property or project area;
4.
A known burial site or cemetery on the property or adjacent to the property
or project area;
5.
The property or project has been recognized for its cultural heritage value;
6.
A past or present water source within 300 metres of the property or project
area;
7.
Evidence of two or more of the following on the property or project area:
- Elevated topography
- Pockets of well-drained sandy soils
- Distinctive land formations
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- Resource extraction areas
- Early historic settlement
- Early historic transportation routes
The Township will endeavour to evaluate for the presence of archaeological
potential on the basis of the current provincial screening criteria established by the
Province, and may consult with the Ministry and/or a licensed archaeologist from
time to time in making such determination. Development proponents are
encouraged to consult the Ministry checklist to screen for archaeological potential.
4.
The Township may undertake to have an archaeological management plan prepared
by a licensed archaeologist in its efforts towards conserving cultural heritage and
archaeological resources. Such a plan will include engagement with the
Algonquins of Ontario to have regard for the Algonquin Traditional Territory, as
delineated on Appendix B. Where an archaeological management plan is adopted
by Council, such plan shall be relied upon by the Township to screen for
archaeological potential instead of the criteria set out in the preceding paragraph.
5.
Where significant archaeological resources are found, the evaluation must contain
mitigation measures relating to their preservation or removal. Where significant
archaeological resources must be preserved in situ, only development and site
alterations which maintain the heritage integrity of the site will be permitted.
6.
Pursuant to the relevant provisions of the Planning Act, sites containing significant
archaeological resources may be zoned to restrict or prohibit uses, buildings or
structures which might conflict with the preservation of such resources.
7.
When an identified marked or unmarked cemetery is affected by development, the
Township shall ensure that adequate archaeological site assessment is undertaken,
in consultation with the Ministry of Tourism, Culture and Sport and the Ministry
of Consumer and Business Services. The provisions of the Funerals, Burials and
Cremation Services Act and Ontario Heritage Act shall apply, as appropriate.
8.
Pursuant to the provisions of a municipal-provincial data sharing agreement, the
Township shall update municipal mapping for new archaeological sites as they are
identified through land development and on the Provincial archaeological sites
database.
9.
In considering applications for shoreline or waterfront development, Council shall
ensure that cultural heritage resources, both onshore and in the water, where within
their jurisdiction, are not adversely affected. Council may require an archaeological
assessment and satisfactory measures to mitigate negative impacts on significant
cultural heritage. Council may require a marine archaeological assessment if
partially or fully submerged marine features of cultural heritage value are identified
and may be impacted by shoreline and waterfront developments.
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10.
The interests of Aboriginal communities will be considered in conserving
archaeological resources.
2.19
NATURAL HAZARD FEATURES
2.19.1 Flood Plains
Flooding is a natural occurrence along all waterbodies and watercourses in the Township.
It becomes a hazard when buildings and structures are placed where there is a risk of
inundation. Minor flooding occurs on a seasonal basis. The 1:100 year flood elevation,
plus an allowance for wave uprush and other water-related hazards, is used for planning
purposes in this area of the Province. Flood plain management policies are intended to
prevent the loss of life, to minimize property damage and social disruption, and to
encourage a coordinated approach to the use of land and the management of water.
1.
The areas within existing mapped 1:100 year flood lines, as well as within defined
portions of the 1:100 year flood level (situated below the 75.8-metre (G.S.C.)
elevation) along the St. Lawrence River, are designated as Natural Hazard on
Schedule A and are subject to the policies of the associated Natural Hazard section
of this Plan.
2.
Lands within and adjacent to lands subject to flood hazards are subject to the
Section 28 Regulation made pursuant to the Conservation Authorities Act and
administered by the relevant Conservation Authority. While these lands are
designated for various land uses, no buildings or structures shall be constructed or
enlarged, and no development or site alteration such as filling, grading and
excavating shall occur without the written permission of the relevant Conservation
Authority in accordance with the Section 28 Regulation.
3.
The regulatory flood plain along the St. Lawrence River is based on a 1:100 year
water level, plus a factor to account for wave uprush. New development and site
alteration in the regulatory flood plain is prohibited, except for those uses that by
their nature must be located within the regulatory flood plain.
4.
Setbacks will be imposed from the regulatory flood plain relative to the extent or
severity of the hazard and in consultation with the relevant Conservation Authority.
Where such setbacks are required, they shall typically range from 6 metres to 15
metres.
5.
Development that includes hospitals, long-term care homes, retirement homes, pre-
schools, school nurseries, day cares and schools, essential emergency services such
as those provided by fire, police, ambulance stations and electrical substations and
uses associated with the disposal, manufacture, treatment or storage of hazardous
substances shall not be permitted.
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6.
For existing lots of record and where no reasonable alternatives exist, development
and site alteration in the wave uprush portion of the flood plain shall only be
permitted where the effects and risk to public safety are minor, could be mitigated
in accordance with Provincial Standards, as determined by the demonstration and
achievement of all of the following:
1.
Development and site alteration is carried out in accordance with
floodproofing standards, protection works standards, and access standards;
2.
New hazards are not created and existing hazards are not aggravated;
3.
No adverse environmental impacts will result; and
4.
Vehicles and people have a way of safely entering and exiting the area
during times of flooding, erosion and other emergencies.
2.19.2 Unstable Soils and Unstable Bedrock
1.
Lands with the potential for unstable soils include those lands identified as
possessing organic soils from the Canada Land Inventory for Agricultural
Capability, as well as permanently wet areas as identified on Ontario Base Mapping
sheets. Both sources are shown on Schedules B to the Plan, which shall be used as
a screening tool by the Township for organic soils. Where lands that are the subject
of development proposals have been identified as potentially possessing organic
soils, the approval authority may request sufficient soils and geotechnical
engineering information to indicate that the lands are either suitable or can be made
suitable for development.
2.
Lands with the potential for unstable bedrock (i.e. karst topography) are not shown
on Schedule B as there are no known areas of karst topography in the Township.
Where lands that are the subject of development proposals have been identified as
possessing unstable bedrock, the approval authority may request sufficient
geotechnical engineering information to indicate that the lands are either suitable
or can be made suitable for development.
3.
Development that includes hospitals, long-term care homes, retirement homes, pre-
schools, school nurseries, day cares and schools, essential emergency services such
as those provided by fire, policies, ambulance stations and electrical substations
and uses associated with the disposal, manufacture, treatment or storage of
hazardous substances shall not be permitted.
4.
Development and site alteration in areas containing unstable soils and/or unstable
bedrock shall only be permitted where the effects and risk to public safety are
minor, could be mitigated in accordance with Provincial Standards, as determined
by the demonstration and achievement of all of the following:
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1.
Development and site alteration is carried out in accordance with
floodproofing standards, protection works standards, and access standards;
2.
New hazards are not created and existing hazards are not aggravated;
3.
No adverse environmental impacts will result; and
4.
Vehicles and people have a way of safely entering and exiting the area
during times of flooding, erosion and other emergencies.
2.19.3 Steep Slopes and Erosion Hazards
1.
Lands characterized by steep slopes can pose risks to persons and property as a
result of potential slope instability or erosion. In Elizabethtown-Kitley, steep slopes
along portions of the St. Lawrence River are of some concern in this regard, as are
concerns related to the protection of matters addressed in the Natural Heritage
Features and System and Surface Water Quality and Quantity sections of this
Plan. In addition to the obvious potential dangers to persons and property,
development on steep slopes or erosion-prone lands can have significant negative
impacts on features such as fish and wildlife habitat, soils and vegetation, surface
water quantity and quality, wetlands and ANSIs, and other resources discussed in
the Natural Heritage Features and System section of the Plan.
2.
Lands within and adjacent to lands subject to steep slopes and erosion hazards are
subject to the Section 28 Regulation made pursuant to the Conservation Authorities
Act and administered by the relevant Conservation Authority. While these lands are
designated for various land uses, no buildings or structures shall be constructed or
enlarged, and no development or site alteration such as filling, grading and
excavating shall occur without the written permission of the relevant Conservation
Authority in accordance with the Section 28 Regulation.
3.
Development that includes hospitals, long-term care homes, retirement homes, pre-
schools, school nurseries, day cares and schools, essential emergency services such
as those provided by fire, policies, ambulance stations and electrical substations
and uses associated the disposal, manufacture, treatment or storage of hazardous
substances shall not be permitted.
4.
Appropriate setbacks from steep slopes and erosion-prone lands are important to
minimizing risks to persons and property. Setbacks will be imposed from steep
slopes and erosion hazards relative to the extent or severity of the hazard and in
consultation with the relevant Conservation Authority. In considering development
and/or planning applications, the approval authority will ensure that erosion
potential is included in the issues to be considered and may require a geotechnical
analysis by a qualified professional.
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5.
Sites possessing steep slopes represent a challenge, since they are often regarded as
desirable for development, particularly where they abut water bodies. Lot creation
or development on a portion of a site where the applicable stable slope and erosion
allowances are not met shall require the submission of a geotechnical report
prepared by a qualified expert to ensure that the property is suitable for
development. Such report shall be prepared to the satisfaction of the approval
authority and the relevant Conservation Authority. Development and site alteration
shall only be permitted if all of the following can be achieved:
1.
Development and site alteration is carried out in accordance with
floodproofing standards, protection works standards, and access standards;
2.
New hazards are not created and existing hazards are not aggravated;
3.
No adverse environmental impacts will result; and
4.
Vehicles and people have a way of safely entering and exiting the area
during times of flooding, erosion and other emergencies.
6.
It is a policy of this Plan that lot creation and development and site alteration shall
be undertaken so that a fit into the natural contours of the land is achieved. This
will affect the massing and location of buildings, structures, driveways and other
features, limit the extent of alteration to the landscape and natural vegetation, and
necessitate more complex storm water management techniques than might
ordinarily be required. In general, the greater the slope, the more emphasis shall be
placed on these elements of site development.
2.19.4 Wildland Fire Hazards
1.
Certain lands within the Township have been identified as areas that may be unsafe
for development due to the presence of hazardous forest types for wildland fire.
Wildland fire hazard lands identified by the Counties are shown on Appendix A of
this Plan. Wildland fire hazard lands are categorized according to the degree of
risk, and are provided as a screening tool for identifying areas potentially at risk for
wildland fire in the Township. In the absence of detailed mapping, not all lands
identified on Appendix A will represent wildland fire hazards. Where updated
mapping becomes available, Appendix A may be revised without requiring an
amendment to this Plan.
2.
Development shall generally be directed to areas outside of lands that are unsafe
for development due to the presence of hazardous forest types for wildland fire.
Accordingly, areas that are classified on Appendix A as having a high to extreme
wildland fire hazard potential, are also shown on Schedule B, and development will
generally be directed to areas that are outside of those identified as a high to extreme
risk for wildland fire. Development may be permitted on lands identified as having
a high to extreme wildland fire hazard potential where risk is mitigated in
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accordance with wildland fire assessment and mitigation standards as identified by
the Province.
3.
Proponents of development applications within lands shown as wildland fire hazard
lands shall undertake an assessment of the presence of high to extreme risk for
wildland fire on the subject lands and on adjacent properties. In some cases, a site
assessment for wildland fire risk may be completed in conjunction with the
requirements for an environmental impact assessment. Where a site has been
assessed as possessing potential for wildland fire risk, the assessment shall identify
the measures to be implemented to mitigate the risk of wildland fire. Prior to
approving development, the Township may consult with the Ministry of Natural
Resources and Forestry regarding the proposed mitigation and management
approaches to mitigate risk.
4.
Wildland fire mitigation shall not be permitted in significant wildlife habitat unless
it has been demonstrated that there will be no negative impacts on the natural
features or ecological functions.
2.20
HUMAN-MADE HAZARD FEATURES
2.20.1 Contaminated Sites
1.
Where a development application for a change of use from industrial or commercial
to residential or parkland is made in relation to a known, suspected or potentially
contaminated site or on property adjacent to such site, the approval authority shall
not grant any planning approvals until:
1.
A Record of Site Condition signed by a certified engineer has been filed in
the Provincial Registry;
2.
A Phase 1 Environmental Site Assessment (ESA) shall be carried out on
any site which may be contaminated and a Phase 2 ESA shall be completed,
if required; and
3.
Clean-up of contaminated sites shall be done in accordance with the Record
of Site Condition Regulation (O.Reg 153/04) and the Ministry of the
Environment and Climate Change guideline Records of Site Conditions -
A Guide on Site Assessment, the Cleanup of Brownfield Sites and the Filing
of Records of Site Condition, dated October 2004 and associated guidelines.
2.
The Township will develop an inventory of sites where current or past uses may
have, or are known to have, contributed to the presence of contaminants.
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3.
The Township will encourage owners of potentially contaminated sites to remediate
their sites so that they may be reintegrated into the community.
4.
Development may only be permitted on, abutting or adjacent to contaminated sites
if rehabilitation or other measures to address and mitigate known or suspected
hazards are underway or have been completed such that there will be no adverse
effects.
2.20.2 Abandoned Mines, Mineral Resource Operations, and Petroleum Wells
1.
There are a number of abandoned mines and mineral resource operations in the
Township and approximate known locations of abandoned mines are identified on
Schedule B. The greatest concentration of such sites is located in a corridor parallel
to Highway No. 401, although some sites exist in other parts of the Township.
These abandoned sites vary widely in nature, from little more than minor ground
disturbances to major excavations and/or shafts. In the case of more major
disturbances, a risk to public safety may exist. There are no known petroleum wells
in the Township.
2.
In reviewing development applications, the Township shall attempt to ensure that
development on or adjacent to lands affected by potentially hazardous abandoned
mines or mineral resource operations will be permitted only if rehabilitation or
other measures to address and mitigate known or suspected hazards are underway
or have been completed. The Ministry of Northern Development and Mines shall
be consulted in relation to any new development within a one kilometre radius of
an abandoned mine site. The Ministry of Natural Resources and Forestry shall be
consulted in relation to development on or adjacent to abandoned pits and quarries.
2.21
NATURAL HERITAGE FEATURES AND SYSTEM
Natural heritage features include wetlands, areas of natural and scientific interest (ANSIs),
fish habitat, wildlife habitat, woodlands, valleylands and portions of the habitat of
endangered and threatened species. These features are important to the unique rural
character and diversity of the natural environment found in the Township and possess or
perform ecological functions. While all natural heritage features are important to the
Township, some have been identified as having Provincial significance.
This Plan recognizes that these features should not be viewed in isolation, but rather, they
form part of a natural heritage system that is linked by natural corridors and that they are an
essential part of the maintenance of biological and geological diversity, natural functions,
and viable populations of indigenous species and ecosystems. Since all natural heritage
features possess and perform important ecological functions, the Township will promote the
enhancement, restoration, or, where possible, the improvement of these natural features and
their linkages between surface and groundwater features.
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Some of these natural heritage features and areas are identified through natural heritage land
use designations indicated on Schedule A, while other features and areas are indicated using
a constraints overlay approach on Schedule B. In some cases, such as endangered species
and significant wildlife habitat, locational information is not indicated in order to protect the
species. In addition to the natural heritage features and areas identified on Schedule A and
B of this Plan, the Township's natural heritage system also includes natural heritage
corridors, linkages, and surface and groundwater features found throughout the Township.
Collectively, and through policy protection afforded to these natural heritage components,
these natural features and areas comprise the key components of the Township's natural
heritage system.
Accordingly, this Plan recognizes that natural corridors such as hedgerows and watercourses
are integral components in maintaining connectivity and ecosystem diversity over the
broader landscape scale. While many of these natural corridor features are not specifically
identified on Schedule B as natural heritage features, these features are accorded policy
protection through policies contained in this section of the Plan and the Development
Adjacent to Water Bodies section of the Plan. It is the intent of this Plan to recognize the
importance and significance of natural corridors and linkages between natural heritage
features and areas.
Where development is proposed within or adjacent to lands within the natural heritage
system, the Township will require an environmental impact assessment prepared in
accordance with the Environmental Impact Assessments section of this Plan. Depending
on the nature of the development and site alteration, and in circumstances where there is a
low likelihood of negative impact on the natural heritage system, the Township, in
consultation with the Conservation Authority, may waive the requirement for an
environmental impact assessment.
The Counties-wide Natural Heritage System Strategy is intended to reinforce the
conservation, restoration, and enhancement of identified natural heritage features and areas
and to promote the overall diversity and interconnectivity of natural heritage features and
areas. Until such time that the Counties prepares a refined Natural Heritage System
Strategy, the natural heritage features and areas identified in this Plan shall comprise the
key components of the natural heritage system for the Township. The Township will
endeavour to contribute in the development of the Counties-wide Natural Heritage System
Strategy.
The policies of this Plan are intended to address the requirements which must be met in
order to ensure that natural heritage features are adequately protected. These policies may
be amended from time to time as additional information is gathered with respect to the
significance or sensitivity of various natural heritage features.
As a general policy, established agricultural uses ongoing at the date of adoption of this Plan
are permitted to continue in or adjacent to all natural heritage features and areas, but new or
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expanded agricultural buildings or structures or the clearing or draining of additional lands
are only permitted subject to the Environmental Impact Assessments section of this Plan.
2.21.1 Wetlands and Adjacent Lands
1.
Provincially-significant wetlands, including significant coastal wetlands, have been
designated as Natural Heritage - PSW on Schedule A and are subject to the policies
of the associated Natural Heritage - PSW section of this Plan, which effectively
prohibits development and site alteration within the designation.
2.
Locally-significant wetlands have been designated as Natural Heritage on the
Schedules and are subject to the policies of the associated Natural Heritage section
of this Plan.
3.
Development and site alteration such as filling, grading and excavating on lands
adjacent to the Natural Heritage - PSW and Natural Heritage designations shall not
be permitted unless the ecological function of the adjacent lands has been evaluated
and it has been demonstrated that there will be no negative impacts on the natural
features or their ecological functions. An environmental impact assessment will be
required in accordance with the requirements of the Environmental Impact
Assessments section of this Plan.
4.
Development or site alteration within or adjacent to wetland areas is subject to the
Section 28 Regulation made pursuant to the Conservation Authorities Act and
administered by the relevant Conservation Authority.
5.
For the purposes of determining adjacent lands, they shall be those lands lying
within 120 metres of any Provincially-significant wetland, including coastal
wetlands, and within 50 metres of any locally-significant wetland.
2.21.2 Areas of Natural and Scientific Interest (ANSIs) and Adjacent Lands
1.
ANSIs represent areas of land and water containing natural landscapes or features
that have been identified as having life science or earth science values related to
protection, scientific study or education, and are categorized has being either Life
Science ANSIs or Earth Science ANSIs. In addition, ANSIs are further categorized
by the Province as being provincially significant or as being a candidate for future
consideration as a provincially significant ANSI.
2.
At the time of adoption of this Plan, only Life Science ANSIs have been identified
in the Township. The Brockville Long Swamp Fen has been confirmed as being a
provincially significant ANSI, while the Irish Lake Marsh, Cranberry Lake Swamp,
and Fernbank Forest ANSIs have been identified as being candidate ANSIs. For
the purpose of this Plan, the policies for significant ANSIs also apply to candidate
ANSIs and all have been designated as Natural Heritage on Schedule A. If further
ANSIs are subsequently identified, they shall be designated as Natural Heritage on
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the Schedules and be subject to the policies of the associated Natural Heritage
section of this Plan.
3.
Development and site alteration such as filling, grading and excavating on lands
within an ANSI shall not be permitted unless it has been demonstrated that there
will be no negative impacts on the ANSI's natural features or their ecological
functions. An environmental impact assessment will be required in accordance with
the requirements of the Environmental Impact Assessments section of this Plan.
4.
Development and site alteration such as filling, grading and excavating on lands
adjacent to an ANSI shall not be permitted unless the ecological function of the
adjacent land has been evaluated and it has been demonstrated that there will be no
negative impacts on the ANSI's natural features or their ecological functions. An
environmental impact assessment will be required in accordance with the
requirements of the Environmental Impact Assessments section of this Plan.
5.
For the purposes of determining adjacent lands, they shall be those lands lying
within 120 metres of any ANSI - Life Science and 50 metres of any ANSI - Earth
Science.
2.21.3 Fish Habitat and Adjacent Lands
1.
The spawning grounds and nursery, rearing, food supply and migration areas on
which fish depend directly or indirectly in order to carry out their life processes
constitute fish habitat. Fish resources have large value to the Township for their
vital role in the food chain, their contribution to the diversity of species, as well as
their function as a natural water quality indicator. The Township has considerable
interest in protecting fish habitat from harmful alteration, disruption and
destruction.
2.
Most of the Township lakes, rivers, streams, ponds, watercourses and wetlands that
provide fish habitat have been identified by the Ministry of Natural Resources and
Forestry. Fish habitat has not been identified on the Schedules. Consequently, all
applications for development or site alteration such as filling, grading and
excavating adjacent to any water body will be screened by the approval authority
for the presence of fish habitat. Where such fish habitat is identified, no
development or site alteration shall be permitted within 120 metres of the habitat,
except in accordance with provincial and federal requirements. An environmental
impact assessment will be required in accordance with the requirements of the
Environmental Impact Assessments section of this Plan, to identify the
appropriate measures to be undertaken and to ensure that there will be no negative
impacts on the natural features or the ecological functions of the habitat they
support.
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3.
Where development or site alteration may potentially affect fish habitat, the
Department of Fisheries and Oceans or the relevant Conservation Authority, as
applicable, shall be consulted and required approvals obtained.
4.
It is recognized that storm water management and drainage measures, although
frequently located some distance from fish habitat, have significant potential to
affect it. When evaluating storm water and drainage activities, consideration shall
be given to potential impacts upon fish habitat.
5.
Storm water management approaches that maximize natural infiltration and
minimize runoff, both during and after construction will be selected. The relevant
Conservation Authority shall be consulted.
2.21.4 Significant Wildlife Habitat and Adjacent Lands
1.
The Township recognizes the importance of conserving wildlife habitat for the
purposes of maintaining the ecosystem and its diversity. Additionally, many social
and economic benefits accrue from maintaining habitat, related to tourism, nature
observation and education, hunting and trapping.
2.
Wildlife habitat includes areas where flora and fauna live and the latter find food,
shelter and physical space sufficient to sustain their population, particularly at times
during their annual life cycle when they may be more vulnerable. Human activities
such as clearing of wooded areas, drainage works, filling, forestry operations,
introduction of non-native species and road construction are examples of activities
that can have a detrimental effect on wildlife habitat.
3.
The Significant Wildlife Habitat Technical Guide prepared by the Ministry of
Natural Resources and Forestry provides detailed technical information on the
identification, description, and prioritization of significant wildlife habitat.
Significant wildlife habitat may include areas where there are seasonal
concentrations of animals, rare vegetation communities and specialized habitats for
wildlife, habitats of species of special concern, and animal movement corridors.
4.
Significant wildlife habitat areas have not been mapped on Schedule B of this Plan,
however, it is recognized that significant wildlife habitat may exist within any of
the natural heritage features and areas described in this Plan, as well as outside of
the identified natural heritage features. In view of the limitations with respect to
information availability concerning significant wildlife habitat, as well as the
acknowledged strong ecological linkages between natural feature areas and wildlife
habitat, this Plan assumes that all natural heritage features may contain potentially
significant wildlife habitat. In determining the significance of wildlife habitat
within these features and areas, the process for identifying and confirming
significant wildlife habitat shall follow the process as set out in the "Natural
Heritage Reference Manual for Natural Heritage Policies of the Provincial Policy
Statement". In the interim, the Township will endeavour to contribute to the
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Counties-wide Natural Heritage System Strategy review which will establish the
criteria for determining significance.
5.
The Township seeks to preserve the function of significant wildlife habitat without
unduly restricting development. Accordingly, prior to permitting any development
or site alteration such as filling, grading and excavating within a significant wildlife
habitat area or on adjacent lands within 120 metres where there is a reasonable
potential for negative impacts upon the natural features or ecological functions of
the habitat area, the approval authority shall require an environmental impact
assessment demonstrating that there will be no negative impacts on the habitat's
natural features or their ecological functions. Without limiting the generality of the
foregoing, the preparation of an environmental impact assessment shall be a
prerequisite to the consideration of any planning application, where the Township's
screening process indicates the presence of potentially significant wildlife habitat.
The assessment required pursuant to this policy will be completed in accordance
with the requirements of the Environmental Impact Assessments section of this
Plan.
2.21.5 Endangered and Threatened Species Habitat and Adjacent Lands
1.
Endangered species are those species listed as such in the Species at Risk in Ontario
list under the Endangered Species Act. The purpose of the Act is to identify species
at risk, to protect such species and their habitats, to promote species recovery and
to foster stewardship activities to assist in the protection and recovery of species at
risk. Endangered species and the significant habitat of these species is protected
through the Endangered Species Act and through this land use policy.
2.
The Township encourages property owners to consult the Endangered Species Act
and related O.Reg 230/08 as well as consult the Natural Heritage Information
Centre database prior to undertaking development or site alterations. The Centre
makes data available to the public on the Province's rare species, vegetation
communities and natural areas. The database includes information on the
occurrence of endangered and threatened species and is an important screening tool
for assessing the likelihood of the presence of endangered and threatened species
habitat.
3.
This Plan recognizes that endangered and threatened species may exist throughout
the Township, and the Township's policy with respect to endangered and
threatened species is as follows:
1.
The habitat of endangered and threatened species shall not be identified on
Schedule B to this Plan in order to protect the species. The environmental
impact assessment process associated with natural heritage features may
identify the presence of endangered and threatened species habitat. In other
cases, a screening map showing areas of documented occurrences of
endangered or threatened species and their habitats provided to the
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Township by the Ministry of Natural Resources and Forestry will be used
as a screening tool for reviewing planning applications.
2.
Where endangered or threatened species habitat has been identified through
an environmental impact assessment or screening process, the proponent
shall retain a qualified professional to conduct a preliminary ecological site
assessment to delineate the significant habitat within or adjacent to the area
of proposed development. The Township may consult with the Ministry of
Natural Resources and Forestry on the findings of the report as to the extent
of significant habitat present. If significant habitat of endangered and
threatened species is identified, no development or site alteration shall be
permitted within the significant habitat, except in accordance with
provincial and federal requirements.
3.
A site inventory for butternut, an endangered tree species, will be required
prior to disturbance or removal of trees. Where harm to (cutting branches,
root disturbance, etc.) or removal of butternut is proposed, prior assessment
of the health of the species by a qualified Butternut Health Assessor is
required. If the butternut is determined to be "not retainable", a certificate
from the assessor indicating that the tree(s) can be removed will be required.
If, however, the butternut is "retainable" a permit will be required for its
removal pursuant to the Endangered Species Act.
2.21.6 Significant Woodlands and Adjacent Lands
1.
The Township possesses many large, contiguous woodland areas scattered
throughout the Township. These areas provide many environmental and economic
benefits. Ecological functions include contributions to water quality and quantity
by decreasing storm water runoff, soil erosion, flooding, and also removing
sediments and toxins. Woodlands provide important habitat that is essential to the
survival of many species of flora and fauna, including certain endangered or
threatened species, as well as contributing to improved fish habitat. Woodland
areas also contribute to the forest-covered character of portions of the Township
and enhance the scenic and recreational qualities of the area to the benefit of
residents, local businesses and visitors alike.
2.
Significant woodland areas are important ecologically, in terms of species
composition, age and stand history, functionally, in terms of their broader landscape
function due to location, size, and linkage to other woodlands, and economically,
due to their quality, species composition, and past management history. Significant
woodlands have been identified on Schedule B to this Plan, using the criteria and
methodology found in the "Natural Heritage Reference Manual for Natural
Heritage Policies of the Provincial Policy Statement". The criteria include
woodland size, woodland interior (core habitat that is 100 metres from a woodland
edge), proximity to other significant woodlands, linkages, uncommon woodland
characteristics and woodland age.
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3.
The boundaries of significant woodlands as shown on Schedule B were not field
checked for accuracy. In this regard, site assessments will be an integral part of
environmental impact assessments to verify the presence of significant woodlands.
4.
Development and site alteration such as filling, grading and excavating on lands
within significant woodlands shall not be permitted unless it has been demonstrated
that there will be no negative impacts on the woodland's natural features or their
ecological functions. An environmental impact assessment will be required in
accordance with the requirements of the Environmental Impact Assessments
section of this Plan.
5.
Development and site alteration such as filling, grading and excavating on lands
adjacent to significant woodlands shall not be permitted unless the ecological
function of the adjacent lands has been evaluated and it has been demonstrated that
there will be no negative impacts on the woodland's natural features or their
ecological functions. An environmental impact assessment will be required in
accordance with the requirements of the Environmental Impact Assessments
section of this Plan.
6.
For the purpose of this Plan, adjacent lands are those lands lying within 120 metres
of any significant woodland identified on Schedule B.
2.21.7 Significant Valleylands and Adjacent Lands
1.
A valleyland is a natural area that occurs in a valley or other landform depression
that has water flowing through it for some period of the year. Valleylands would
only be considered significant if they are considered to be ecologically important in
terms of features, functions, representation or amount, and contributing to the
quality and diversity of an identifiable geographic area or natural heritage system
using the criteria set out in the "Natural Heritage Reference Manual for Natural
Heritage Policies of the Provincial Policy Statement". Until such time that the
Counties establishes the criteria for determining significance in relation to
significant valleylands, it is considered that the Township does not contain any
significant valleylands. This Plan shall be amended to identify significant
valleylands and provide policies to protect such feature, if and when significant
valleylands are identified within the Township.
2.21.8 Environmental Impact Assessments
1.
The various interrelated features that comprise the natural heritage system vary
considerably in terms of their sensitivity to development. Some features and areas
may accommodate some development, while others are highly sensitive. The
process of undertaking environmental impact assessment is intended to assist in
making that determination.
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2.
The nature and scale of proposed development, its physical location relative to the
natural feature(s) or areas(s) and the contextual environment (i.e. built versus
natural) in which it is to occur are important considerations in the context of
establishing the appropriate level of study to be associated with an environmental
impact assessment. Additionally, the number, nature and sensitivity of natural
heritage features within an area will have a significant bearing on the extent of
study required.
3.
Potential negative impacts on the identified natural heritage feature or area will be
examined through a process of environmental impact assessment, conducted on a
case-by-case basis, prior to the approval of development. The scope and scale of an
environmental impact assessment shall be determined by the approval authority, in
consultation with the relevant Conservation Authority, but shall be appropriate to
both the type and size of the proposed development, the nature of the natural
feature(s) to be assessed and whether the proposed development is to occur within
or adjacent to the identified natural features(s) and area(s). In all cases, an
environmental impact assessment must demonstrate that there will be no negative
impacts on the natural features or ecological functions for which the area or feature
and associated lands is identified.
4.
Depending on the nature of the development and site alteration, and in
circumstances where there is a known likelihood of negative impact on the natural
heritage system, the Township, in consultation with the relevant Conservation
Authority, may either waive the requirement for an environmental impact
assessment, require a scoped environmental assessment, or require the completion
of an environmental screening checklist submitted to the approval authority as part
of a planning application. The purpose of the checklist will be to provide a
screening of the likelihood of negative impacts.
5.
In situations where a comprehensive assessment is warranted from the outset, or,
in situations where a more detailed review is deemed necessary from the outcome
of a scoped environmental impact assessment or screening checklist, a full
environmental impact study will be required. A full environmental impact study
must be prepared by a qualified professional and must assess the potential negative
impacts on the natural features and ecological functions of the area in question.
Such environmental impact study shall be required prior to the consideration of the
planning application by the approval authority.
6.
An environmental impact study shall:
1.
Define the nature and the boundaries of any significant features, ecological
functions, and values on, or adjacent to the site;
2.
Describe and map the proposed development activities, including building
location, excavation, site grading, landscaping, drainage works, roadway
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construction, paving, sewage and water servicing in relation to the various
environmental considerations;
3.
Predict the effects of the proposed development on the various components
of the environment on and adjacent to the site, such as wildlife, fish,
vegetation, soil, surface water, ground water, air and any other relevant
factors, taking into consideration effects during and after site alteration;
4.
Evaluate the significance of all predicted and negative and positive effects
on the various environmental considerations;
5.
Itemize and recommend all measures that can be taken to mitigate the
predicted negative impacts;
6.
Evaluate the cumulative effect that the project (and any other known
projects or activities) may have following implementation of any mitigation
measures on the natural features and ecological functions identified for
protection;
7.
Conclude with a professional opinion on whether negative effects on the
natural features and ecological functions will occur, the significance of such
impacts, and whether ongoing monitoring is required.
7.
Where a development and/or site alteration is approved by the approval authority,
the approval authority may use various planning controls such as site-specific
zoning provisions or site plan control to ensure that development and/or site
alterations, as well as any required monitoring activities, will occur in accordance
with the recommendations of the environmental impact assessment.
8.
In reviewing environmental impact assessment submissions, the approval authority
will consult with independent professionals and other bodies such as the relevant
Conservation Authority, as required, to determine whether the development can
proceed.
2.22
GROUND WATER SUPPLY, SEWAGE DISPOSAL AND OTHER SERVICES
2.22.1 Ground Water Supply and Sewage Disposal
1.
There are no full municipal water or sewage services available in the Township and
it is unlikely that such services will be extended in the foreseeable unless it were
required on an isolated remedial basis for health and safety reasons. Communal
water and sewage servicing options are of no interest to the Township, as they
would accommodate certain more intense forms of development that place heavier
demands on sewage and water services, such as residential projects consisting of
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more than five units or lots served by common sewage and/or water systems. It is
recognized that current technologies and implications for municipal responsibility
for communal systems resulting from Provincial policy requirements render this
servicing option problematic for both land owners and the Municipality. As a
consequence, it is anticipated that new development will continue to occur on the
basis of private on-site water supply and sewage disposal services in accordance
with the requirements of the approval authority having jurisdiction. In addition, a
small quantity of residential development utilizing shared or common services
involving five or less residential units or lots may be permitted. The Township
shall not consider residential development proposals of more than five residential
units or lots serviced with communal services as the Township does not wish to
enter into responsibility agreements with the owner-operator of the services, as
required by Provincial policy.
2.
Notwithstanding the fact that there are no full municipal water or sewage services
available in the Township, the area lying to the west of Brockville and along or
immediately adjacent to County Road No. 2 may continue be developed on the
basis of partial services through connection to an existing piped water supply that
runs along the said road, with sewage services provided through individual on-site
systems. While development on partial services is ordinarily strongly discouraged
in the Township, an exception to servicing policies is accorded to this area on the
basis of its history and the partial-servicing policy that has been in place for the
entire life of the former Official Plan. By way of explanation, the existing
municipal piped water supply was put in place approximately in 1997-1998 as a
remedial measure that was necessitated by groundwater contamination attributed to
road salting operations. The infrastructure put in place at the time was oversized to
accommodate the equivalent of 825 households, although only 255 properties were
initially connected. The intent of the oversizing was to accommodate all existing
development in the area, together with that contemplated pursuant to the land use
designations contained in the Township's existing Official Plan at the time.
Accordingly, and consistent with the expectations of affected property owners, this
Plan substantially maintains the policies of the previous Official Plan for this area
in terms of both partial servicing and land use designations.
3.
The protection of ground water quality and quantity is of major interest to the
Township, given the importance of ground water source potable water to permanent
residential development, as well as all commercial and industrial uses and
institutions. In 2001, the United Counties of Leeds and Grenville completed the
Groundwater Management Study to assess existing ground water conditions and
recommend management and protection practices to maintain the quantity and
quality of the ground water resource in order to protect it as a safe supply of potable
water for current and future generations. Highly vulnerable aquifers and significant
groundwater recharge areas shall be protected so that there is sufficient quantity
and quality of water to meet existing and future uses on a sustainable basis.
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4.
The determination of site suitability for proposed sewage disposal systems and the
environmental sustainability of development (i.e. long term protection of ground
water) are important considerations in development. Required servicing reports
such as hydrogeological investigations, terrain analyses, impact assessments and
servicing options reports shall be provided to the satisfaction of the approval
authority, including the relevant approval authority for water supply and sewage
disposal systems.
5.
Throughout the Municipality, high water users which would be best served by
municipal water and sanitary sewers or communal systems requiring municipal
responsibility agreements will not be permitted. In addition, uses with significant
potential to contaminate ground water sources should be discouraged, particularly
where they would be adjacent to residential areas and other sensitive land uses.
In reviewing development applications, cumulative impacts of private services
shall be monitored to ensure sustainability of development.
6.
The minimum lot size for development shall be in accordance with the requirements
of this Plan and the implementing Zoning By-law, although the approval authority
may require larger lots or impose special conditions or restrictions on development
where deemed necessary to address health, safety or other issues related to the
proper functioning of water and sewage services.
7.
The Township will encourage the regular maintenance of sewage disposal systems
and the upgrading or replacement of substandard systems. Where the upgrading or
replacement of an existing system cannot reasonably be undertaken in compliance
with the policies of this Plan with respect to water setbacks due to site-specific
constraints, such sewage system improvements may be permitted with reduced
setbacks, subject to meeting the requirements of the Building Code Act.
8.
The Township will monitor the development of alternative sewage system
technologies. Individual treatment systems designed to improve effluent quality,
as well as small shared systems, may have significant implications for retrofit
situations on existing single lots and more intense cluster development forms,
respectively. The Township will review its servicing and development policies as
required to accommodate new technologies and development forms.
9.
The Township supports initiatives of both public and private interests to encourage
the efficient and sustainable use of water resources, including water conservation
practices.
10.
The Township may consider the establishment of an on-site sewage disposal system
inspection program and/or septic system education and awareness program
throughout the Township.
11.
It is expected that the Ministry of the Environment and Climate Change will release
guidelines in the future with regard to sufficient treatment capacity for hauled
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sewage from private communal sewage services and individual on-site sewage
services. Once these guidelines are released, it shall be the intent of the Township
to consider amendments to the Official Plan to be consistent with the Sewage and
Water policies of the Provincial Policy Statement.
2.22.2 Other Services
1.
Development shall be encouraged to take place in settlement areas where other
services are either already available or can be readily provided. Among others,
such services may include but are not limited to public roads, waste collection,
disposal and recycling, fire protection, police protection, ambulance service,
education, school bussing and parks and other recreational facilities.
2.23
SURFACE WATER QUALITY AND QUANTITY
2.23.1 Development Adjacent to Water Bodies
1.
In addition to the policies of the Fish Habitat and Adjacent Lands section of this
Plan, which are aimed at protecting fish habitat, the Township has a direct concern
with the issue of surface water quality impacts related to water-oriented
development, whether located directly on the waterfront of the Township's lakes,
creeks or rivers, or adjacent to these water bodies. Further, it is recognized that
there is a relationship between surface water and ground water quality.
2.
Over the years, various research has been undertaken with respect to the issue of
surface water quality and lake capacity. Policies to address, water setback and
water frontage follow:
1.
Water Setback
1.
An adequate water setback serves an important function in relation
to the protection of the natural and cultural heritage characteristics
and water quality of the lakes and rivers of the Township. The intent
of a water setback is to prevent the disturbance of the shoreline area
as a result of the placement of buildings and structures, including
sewage systems, or the removal of the soil mantle and natural
vegetation. In addition to preserving the natural aesthetic qualities
of the shoreline as viewed from the water, an appropriate water
setback can reduce phosphorus and other nutrient loads to the lake
and, in combination with vegetation, prevent erosion and
sedimentation. Development or site alteration such as filling,
grading and excavating shall generally occur a minimum distance of
30 metres from the normal high water mark of any water body with
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minimal disturbance of the native soils and very limited removal of
shoreline vegetation. The quantitative element of this setback shall
be implemented through the comprehensive Zoning By-law, while
the qualitative elements shall be addressed through the Site Plan
Control process.
2.
Where lake-specific or site-specific conditions suggest that it would
be appropriate, the minimum water setback may be increased.
Examples of the latter would include sites with steep slopes, limited
soil depth, sub-optimal (i.e. very high or very low) soil percolation
rates, large inland presence of the 1:100 year flood plain, or limited
vegetative cover.
3.
Development or site alteration may be permitted less than 30 metres
from a water body in situations where existing lots or existing
developments preclude the reasonable possibility of achieving the
setback. In such cases, proponents will be required to achieve the
greatest possible/feasible setback for all development and site
alteration, including septic systems, given existing site constraints
such as lot size, lot shape and terrain. Extensions and enlargements
to existing structures within the 30 metre water setback will be
regulated through the Zoning By-law and shall not have the effect
of further reducing a deficient waterbody setback. Any proposal for
development or site alteration proposed to occur less than 30 metres
from a water body shall be subject to the policies of the Fish Habitat
and Adjacent Lands and Environmental Impact Assessments
sections of this Plan.
4.
Applications to further reduce an existing water setback of less than
30 metres will not be permitted. In order to achieve the greatest
setback possible, proponents will be encouraged to seek variances
to reduce minimum yards not adjacent to water rather than reducing
existing water setbacks. Consideration shall also be given to
maximizing the setback through building design and orientation,
and the siting of the septic system.
5.
New lots shall be capable of accommodating the 30 metre water
setback for all new development, including septic systems, except
for those proposed lots where the presence of an existing building
means that the 30 metre setback cannot be achieved. In these
instances, the policies of this Plan shall apply to ensure that any
subsequent development does not further reduce the deficient
setback and that the greatest possible setback is achieved. The
creation of a new lot with an existing dwelling should be large
enough, where possible, to accommodate redevelopment of the lot
at a location that achieves the 30 metre setback.
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6.
It is the intention of this Plan to encourage increased water setbacks
for replacement septic systems, where they are less than 30 metres
from a water body.
7.
Water setback requirements shall not apply to permitted
encroachments, docks, boathouses, pump houses and other marine
facilities accessory to permitted uses. Depending upon their
location in relation to the water, such structures may require permits
from approval authorities such as the Ministry of Natural Resources
and Forestry and the relevant Conservation Authority in addition to,
or instead of, approvals from the Township.
8.
It is the policy of this Plan to encourage the protection of existing
natural vegetation from disturbance and the revegetation or
naturalization of altered or disturbed shoreline areas through the
development approval process. Among other tools, tree cutting by-
laws, site alteration by-laws and Site Plan Control may be utilized
by the Township for this purpose.
9.
Through the mechanism of Site Plan Control, the Township shall
attempt to ensure that a buffer of substantially undisturbed and
naturally-vegetated area abutting the length of the shoreline on
waterfront properties, interrupted only by required water-related
structures such as docks, pump houses and boathouses. This buffer
will contribute to protecting the riparian and littoral zones and their
associated habitat, prevent erosion, siltation and nutrient migration,
and assist in maintaining the natural appearance of the shoreline
area. This buffer will form part of the 30-metre minimum water
setback required pursuant to this section and is intended to ensure
the protection of the most environmentally-sensitive portion of the
setback area. The Ministry of Natural Resources and Forestry, the
St. Lawrence Parks Commission and the relevant Conservation
Authority shall be circulated development applications, as
applicable.
2.
Water Frontage
1.
As a general rule, the minimum water frontage for any new
waterfront lot shall be 60 metres. This requirement may be
increased where water body-specific or site-specific conditions
suggest that it would be appropriate and shall be implemented
through the Zoning By-law.
2.
Where the creation of more than three non-waterfront lots from a
waterfront land holding is proposed, a user-in-common deeded
waterfront parcel of land shall generally be provided.
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2.23.2 Storm Water Management
1.
Storm water management is an important part of the Township's broader interest
in protecting water quality. Storm water management is also important for flood
control, maintaining baseflow in watercourses, water temperature regulation,
erosion and sediment control, limiting nutrient and bacteria loading, maintaining
fish habitat, providing groundwater recharge and preventing groundwater
contamination. Due to the fact that development affects the quality and quantity of
storm run-off, the Township will ensure that adequate consideration is given to
storm water management, including off-site impacts.
2.
In 2007, the Rideau Valley Conservation Authority produced a plan for the
Kemptville Creek watershed which documents the condition of the watershed and
pinpoints areas requiring further attention. It is expected that similar plans will be
prepared for other area watersheds and sub-watersheds and the Township supports
this work. The Township will have regard to the Kemptville Creek Watershed Plan
and any future watershed plans that may be prepared, as well as relevant guidelines
of the Ministry of the Environment and Climate Change, in establishing and
revising storm water design criteria and standards.
3.
Prior to recommending plans of subdivision for draft approval, the Township may
request that conceptual storm water management plans be prepared for review by
the relevant Conservation Authority and approval authorities. The conceptual plan
will include a statement of the design objectives to be applied and a description of
the storm water management practices to be applied, in accordance with the
relevant Provincial policies. Applicants are encouraged to consult with the
approval authority and the relevant Conservation Authority prior to submitting a
draft plan of subdivision.
4.
Prior to final approval of plans of subdivision, detailed storm water management
plans will be required. Such plans will be prepared in accordance with the
requirements of the relevant Conservation Authority and approval authorities.
Design criteria will be based upon methods and procedures contained in the
relevant Provincial planning and design manuals used by these agencies.
5.
The Township will evaluate site plans according to an approved storm water
management plan, or where no such plan exists, may request the following:
1.
A design for the provision of storm water drainage facilities;
2.
A determination of the impact of the development on the receiving
watercourse or storm water management facility, both during and after
construction, in respect of flooding, pollution, erosion, and sedimentation;
and
3.
Measures for mitigating any adverse impacts if such are likely to result from
the proposed development.
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6.
Development applications having potential impacts on the storm drainage system
along County Roads or Provincial highways shall be circulated to the County
Engineer or the Ministry of Transportation, as applicable.
7.
The Township shall encourage storm water management practices that:
1.
Minimize or, where possible, prevent increases in contaminant loads;
2.
Minimize changes in water balance and erosion;
3.
Not increase risk to human health and safety and property damage;
4.
Maximize the extent and function of vegetative and pervious surfaces; and
5.
Promote storm water management best practices, including storm water
attenuation and re-use, and low impact development.
2.24
SOURCE WATER PROTECTION
Uncontaminated and plentiful surface and groundwater resources are essential to the safe
and adequate provision of drinking water. In order to meet the present and future needs
of residents, businesses and the natural environment, it is the policy of this Plan to ensure
sustainable surface and groundwater resources through the protection, conservation and
careful management of the quality and quantity of drinking water sources.
As water contamination is extremely difficult, costly and sometimes impossible to rectify,
prevention of contamination is the most appropriate strategy. Surface and groundwater
sources shall be protected from a full range of drinking water threats.
Source water protection policies in this Official Plan are consistent with the intent of
policies included in the Cataraqui Source Protection Plan (2014), Mississippi-Rideau
Source Protection Plan (2014) and Raisin-South Nation Source Protection Plan (2014)
made under the Clean Water Act, 2006. For clarification and policy detail, all three
Source Protection Plans must be referenced. The terms used in this section carry the same
meaning as those in the Source Protection Plans and the Clean Water Act, 2006.
In the event of conflict between long-term protection of drinking water sources and other
considerations, drinking water shall take priority. Source Water Protection Plans are
intended to protect vulnerable areas including wellhead protection areas and intake
protection zones around municipal drinking water supplies, as well as significant
groundwater recharge areas and highly vulnerable aquifers from activities identified as
drinking water threats, per the Clean Water Act, 2006.
As an implementation body identified in the Source Protection Plans, the Township will
comply with significant drinking water threat land use planning policies, have regard for
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all other land use planning policies and provide due consideration for other non-binding
recommendations in the Source Protection Plans, as applicable, to realize source water
protection.
Monitoring and reporting consistent with requirements and/or recommendations in the
Source Protection Plans and in a format specified by the Source Protection Authority, as
applicable, and the Province of Ontario will be completed by the Township.
2.24.1 Vulnerable Areas
The Provincial Policy Statement accounts for municipal drinking water supplies and
designated vulnerable areas. Accordingly, the Township will adapt municipal operations,
consider program development, and work in partnership with the relevant Source
Protection Authority and others to comply with or support source water protection within
vulnerable areas, as per the details and timeframes included in the Source Protection
Plans.
The Clean Water Act, 2006, defines a vulnerable area as a wellhead protection area, an
intake protection zone, a significant groundwater recharge area, or a highly vulnerable
aquifer. In the Township of Elizabethtown-Kitley, there is one intake protection zone,
which is associated with the City of Brockville municipal water supply. There are no
wellhead protection areas identified in the Township. Virtually the entire Township is
considered to be a highly vulnerable aquifer and significant groundwater recharge area.
Particular activities that have the potential to contaminate sources of drinking water are
called "drinking water threats". The policies of this Plan take into account drinking water
threats that must or should be considered if they were to become established. Depending
on their scale, the type of activity and their proximity to the source of drinking water,
drinking water threats are ranked as significant, moderate and low.
2.24.1.1
Brockville Intake Protection Zone
The City of Brockville water treatment plant draws water from the St. Lawrence River and
distributes treated water to some 22,000 residents and businesses in the City of Brockville
and some 1,000 residents in the Township of Elizabethtown-Kitley along County Road No.
2. The majority of the intake zone consists of the St. Lawrence River and mainly of urban
and rural residential properties on land. The urban properties are connected to municipal
sanitary servicing while the rural properties are connected to on-site septic systems.
The Brockville Intake Protection Zones include high vulnerability scores as documented in
the Assessment Report. The intake protection zones are shown on Schedule B3 and is
intended to be used as an overlay to Schedule A3, where the following policies shall apply:
1.
New development and/or expansions to existing development that involve waste
disposal sites within the Brockville Intake Protection Zone 1 and waste water
treatment facilities, including related infrastructure, with the Brockville Intake
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Protection Zones 1 and 2, are prohibited where they would constitute a significant
drinking water threat.
2.
New development and/or expansions to existing developments within the
Brockville Intake Protection Zones that involve the storage or manufacture of
potential contaminants (that could include Dense Non-Aqueous Liquids
(DNAPLs), organic solvents, commercial fertilizers, liquid fuel, pesticides, sewage
and road salt) where they would constitute a moderate or low drinking water threat
may be subject to the implementation of risk management measures to protect the
drinking water supply.
3.
New development and/or expansions, alterations or redevelopment of existing
development for all non-residential uses within the Brockville Intake Protection
Zones where significant drinking water threats can occur, may be permitted, if the
Risk Management Official (RMO) is satisfied that the proposal will be carried out
in accordance with the policies in the Cataraqui Source Protection Plan.
Submission of correspondence from the RMO under Section 59 of the Clean Water
Act is required for all non-residential planning applications or land use changes, as
per the Restricted Land Use Referral Process.
4.
The Zoning By-law shall prohibit or restrict land uses that constitute drinking water
threats in the Brockville Intake Protection Zone.
2.24.1.2
Highly Vulnerable Aquifers and Significant Groundwater Recharge Areas
As with many areas throughout eastern Ontario, thin soils and fractured bedrock dominate
the majority of the landscape within the Township of Elizabethtown-Kitley. These
conditions result in widespread recharge and high groundwater vulnerability. For the most
part, the entire Township is considered to be a highly vulnerable aquifer, and portions of
the Township, mostly near the south, are considered a significant groundwater recharge
areas. The relevant Source Water Protection Plan shall be consulted for mapping of highly
vulnerable aquifer and significant groundwater recharge area delineations. Throughout the
Township, the following policies shall apply:
1.
New development and/or expansions to existing developments within significant
groundwater recharge areas and/or highly vulnerable aquifers that involve the
storage or manufacture of potential contaminants (that could include DNAPLs,
organic solvents, commercial fertilizer, pesticides, liquid fuel, road salt, snow
storage, mine tailings and Polychlorinated Biphenyls (PCBs)) where they would
constitute a drinking water threat may be subject to risk management measures to
protect the groundwater.
2.
The Zoning By-law should restrict land uses, as applicable, in highly vulnerable
aquifers and significant groundwater recharge areas.
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3.
New development and/or expansions to existing development associated with non-
residential planning applications located within vulnerable areas may be subject to
Site Plan Control. Requirements may include a risk reduction plan to identify
measures to be incorporated into the development for land uses that involve the
storage of manufacture of potential contaminants (that could include DNAPLs,
organic solvents, commercial fertilizer, pesticides, liquid fuel, road salt, snow
storage, mine tailings and PCBs) where it would constitute a drinking water threat.
The risk reduction plan must be completed to the satisfaction of the Township.
4.
The risk reduction plan may be waived if a hydrogeological sensitivity study,
prepared by a qualified professional, demonstrates that the subject lands do not
exhibit the characteristics of a highly vulnerable aquifer or a significant
groundwater recharge area.
2.25
ENERGY, AIR QUALITY AND CLIMATE CHANGE ADAPTATION POLICIES
1.
This Plan supports and encourages alternative and renewable energy systems. The
use of alternative energy systems that reduce harmful emissions, as well as
renewable energy systems such as wind, water, biomass, solar, and geothermal shall
be supported, provided that such systems comply with all applicable governmental
requirements.
2.
In reviewing planning applications such as site plans and plans of subdivision,
Council shall encourage the development of plans that support energy conservation
and efficiency through techniques such as green building design or orientation, lot
orientation, and the use of vegetation. The Township shall also promote and
encourage designs that accommodate active transportation as an alternative to
automobile use.
3.
Alternative energy projects will require the necessary approvals as per the Green
Energy and Green Economy Act. Where the proponent is required to consult with
the Township, the Township shall encourage alternative energy projects to
incorporate measures to mitigate visual, social and environmental impacts.
4.
The Township will consider LEED (Leadership in Energy and Environmental
Design) certification for all new municipal buildings and for major
renovations/expansions to existing municipal buildings.
5.
The Township will promote approaches to low impact development when
considering development and redevelopment proposals.
6.
The Township will promote the protection and enhancement of tree canopies and
natural areas in recognition of the benefits that trees provide in relation to energy
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conservation, air quality improvement, and efforts towards managing climate
change.
7.
In reviewing planning applications, potential impacts of climate change, including
extreme and unpredictable weather events, that may increase the risk associated
with development near natural hazards, will be considered.
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SECTION 3
LAND USE POLICIES
3.1
INTRODUCTION
The Township of Elizabethtown-Kitley shall be developed in accordance with the land use
pattern shown on the Land Use and Roads Plans, attached as Schedules A1, A2 and A3 to
this Plan. The Schedules establish the pattern of development in very general terms by
dividing the Township into ten land use designations:
Agriculture
Mineral Resource
Natural Heritage - PSW
Natural Heritage
Natural Hazard
Rural
Settlement Area
Residential
Commercial
Industrial/Business
The policies governing the use of the lands within these designations, as shown on the
Schedules, are contained in this section of the Plan, but should be read in conjunction with
all other sections of the Plan. Particular regard should be had to the General Development
Policies section of this Plan which sets out various policies which apply to development,
regardless of the land use designation in which it is situated. Among other matters, a
number of the policies contained in the General Development Policies section relate to
considerations that must be addressed in undertaking development or site alteration due to
the existence of various on-site or adjacent area features, constraints, existing uses or land
use designations.
In addition, certain Public and Institutional uses may be permitted in land use designations,
in accordance with the policies of this Plan dealing with Public and Institutional Uses.
3.2
AGRICULTURE
3.2.1 Intent of the Designation
The Agriculture designation has been placed on prime agricultural areas which are
predominantly characterized by soils designated as Classes 1 to 3 in the Canada Land
Inventory for Agricultural Capability, as well as those lower capability agricultural lands
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historically used and protected for such purposes. The Township intends that these lands
will be protected and preserved for agricultural uses.
3.2.2 Permitted Uses
Agricultural uses are permitted. Agricultural uses include the growing of crops, including
nursery, biomass and horticultural crops; the raising of livestock and other animals for
food, fibre or fur, including poultry and fish; aquaculture; apiaries; agroforestry; maple
syrup production; and associated on-farm buildings and structures.
Agriculture-related uses and on-farm diversified uses will also be permitted provided they
are compatible with, and will not hinder surrounding agricultural operations.
Agriculture-related uses include farm-related commercial and farm-related industrial uses
that are directly related to farm operations in the area, support agriculture, benefit from
being in close proximity to farm operations, and provide direct products and/or services to
farm operations as a primary activity. Examples of permitted agriculture-related uses
include grain drying, handling and storage facilities, abattoirs, livestock marketing or sales
yards, seed cleaning plants, agricultural produce warehouses and similar agri- businesses.
On-farm diversified uses are secondary to the principal agricultural use of the property and
are limited in area. Examples of permitted on-farm diversified uses include home
occupations, home industries, and those uses which add value to farm produce such as the
processing, preserving, storing and packaging of the farm's products on the farm property.
In addition, agri-tourism uses such as pick-your-own, produce markets, farm tours, farm
gate sales and small-scale farm theme rural events are also permitted.
A dwelling accessory to any of the foregoing uses and located on the same lot shall be
permitted. Residential accommodation for farm employees may also be permitted on the
same lot, subject to the provisions of the Zoning By-law. Farm-related residential uses on
separate lots shall be permitted, subject to the policies of the Agriculture designation and
the section of the Plan dealing with Land Division.
3.2.3 Policies
1.
All new farm and non-farm development shall comply with the Minimum Distance
Separation I (MDSI) and Minimum Distance Separation II (MDSII), as set out in
the Land Use Compatibility section of this Plan.
2.
The Township encourages the preparation and practice of nutrient management
planning and best management practices by all nutrient generators and users.
3.
In evaluating an amendment to the Official Plan to change the designation from
Agriculture to another designation, the Township shall be satisfied that there is a
demonstrated need for the proposed use for which the amendment is sought and
that it cannot reasonably be located on lands outside the Agriculture designation or
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on lands within the Agriculture designation with a lower agricultural capability. In
the case of proposed expansions of rural settlement areas such as villages and
hamlets onto lands designated Agriculture, it must also be demonstrated that the
Township does not have sufficient lands already designated Settlement Area or
Residential to accommodate projected growth.
4.
Within the Agriculture designation, there may be small pockets of land which are
only marginally productive or of a lower potential for agriculture due to their size,
shape, topography, soil, class, drainage or other characteristics. These limitations
shall not, however, constitute justification for an Official Plan amendment to a non-
agricultural designation. The use of such pockets for uses permitted in the
Agriculture designation that do not require sites with high potential for agriculture,
such as commercial and industrial uses providing agriculture-related services and
supplies, shall be encouraged.
5.
The creation of new residential building lots in the Agriculture designation shall
not be permitted. In addition to complying with the policies of this Plan relating to
Land Division, lot creation in the Agriculture designation is permitted for the
following uses only, and subject to the following provisions:
1.
New lots for agricultural uses shall be of a size appropriate to the type of
agriculture common in the area and to allow flexibility for future changes
to the type of the agricultural operation. In general, lots shall be a minimum
of 40 hectares in area.
2.
New lots for agriculture-related uses shall be limited to the minimum size
required to accommodate the use and the appropriate sewage and water
services.
3.
New lots for existing dwellings that are surplus to a farming operation as a
result of farm consolidation, subject to the following conditions:
1.
The retained farm parcel will be zoned so as to prohibit the
construction of any additional dwellings;
2.
The new lot will be limited to a minimum size needed to
accommodate the use and appropriate sewage and water services;
and
3.
The surplus dwelling will be zoned to recognize the non-farm
residential use, as required.
4.
New lots for infrastructure related to public sewage and water systems,
septage treatment facilities, waste management facilities, electrical power
generation and transmission, pipelines and associated facilities,
transportation
corridors
and
facilities,
communications
and
telecommunications, provided that such facilities or corridors cannot be
Township of Elizabethtown-Kitley
Official Plan - December 2018 Office Consolidation
Page 65
accommodated through the establishment of easements or rights-of-way,
rather than lot creation.
5.
Lot adjustments in the Agriculture designation may be permitted for legal
or technical reasons. Lot line adjustments will be interpreted to prohibit the
creation of new residential or non-farm parcels. Applications to sever a
previously legal lot of record that unintentionally merged under the
Planning Act may be permitted subject to satisfying the Agriculture policies
of this Plan.
6.
Mineral aggregate resource extraction is permitted as an interim use provided that
the site will be rehabilitated back to an agricultural condition. On the prime
agricultural lands, complete agricultural rehabilitation is not required if:
1.
There is a substantial quantity of mineral aggregate resources below the
water table warranting extraction, or the depth of planned extraction in a
quarry makes restoration of pre-extraction agricultural capability
unfeasible;
2.
Other alternatives have been considered by the applicant and found
unsuitable. The consideration of other alternatives shall include resources
in areas of Canada Land Inventory Classes 4 - 7 soils, resources on lands
identified as designated growth areas, and resources on prime agricultural
lands where rehabilitation is feasible. Where no other alternatives are
found, prime agricultural lands shall be protected in this order of priority:
specialty crop areas, Canada Land Inventory Classes 1, 2 and 3.
3.
Agricultural rehabilitation in remaining areas is maximized.
3.2.4 Special Exception Areas
(Reserved)
3.3
MINERAL RESOURCE
3.3.1 Intent of the Designation
The importance of mineral aggregates and minerals and their protection for long term use
is recognized through the Mineral Resource designation. This designation has been applied
on the basis of information on the extent of resources and existing operations supplied by
the Ministry of Natural Resources and Forestry and the Ministry of Northern Development
and Mines. The most significant aggregates are sand and gravel, while the most significant
mineral is pyrite. Good sources of sand and gravel are scarce and surficial deposits are
gradually being depleted.
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Surficial sand and gravel deposits in the Township are indicated on the Schedules on the
basis of tertiary significance, as identified in the Aggregate Resources Inventory of the
United Counties of Leeds-Grenville, Southern Ontario, Paper 183 (2009). There are no
deposits of primary or secondary significance, and while many of the deposits are small
and fragmented, others are significantly larger and/or represent areas where deposits are
concentrated. Given that the deposits are identified by the Province as being of tertiary
significance only and many are small and fragmented, it is recognized that not all deposits
could support commercial activity for aggregate extraction.
It is recognized that bedrock sources of aggregate are not shown on the Schedules and that,
as surficial aggregate resources are exhausted, bedrock sources may become of interest.
Official Plan Amendment applications to develop these bedrock resources may, therefore,
be expected.
In certain cases, areas of surficial tertiary deposits have been excluded from the Mineral
Resource designation due to contextual considerations such as proximity to natural heritage
features such as wetlands, ANSIs, existing incompatible land uses or the shorelines or
water bodies.
It is anticipated that an Official Plan amendment will be necessary to identify both surficial
and bedrock sources of aggregate in the Township upon completion of the Counties'
Aggregate Resources Master Plan.
The Mineral Resource designation is differentiated on the basis of its potential for mineral
aggregates or minerals through the use of the suffix "- Mineral Aggregate" and "-
Mineral", respectively.
On lands designated Mineral Resource on the basis of the extent of potential minerals rather
than mineral aggregates, non-mineral development may occur, provided that the Ministry
of Northern Development and Mines and the Township have determined that such
development would not compromise objectives with respect to mineral resource protection
and extraction.
In certain areas designated Mineral Resource, there are soils designated as Classes 1 to 3
in the Canada Land Inventory for Agricultural Capability. It is the intent of the Plan that
agricultural activities can occur in the Mineral Resource designation, but that the long term
protection of the mineral resource should take precedence.
It is also the intent of the Plan that where lands designated Mineral Resource have a soil
capability rating such that Classes 1 to 3 soils predominate, mineral aggregate and mineral
mining operations be conducted in such a manner so as to allow, where feasible, for the
subsequent agricultural use of such lands.
It is recognized that the Township may have potential for other mineral commodities not
currently identified. It is Council's intention that these important mineral resources will
be protected for long term use.
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Official Plan - December 2018 Office Consolidation
Page 67
3.3.2 Permitted Uses
The aggregate-related uses permitted include pits and quarries, as well as all associated
facilities used in extraction, transport, beneficiation, processing or recycling of mineral
aggregate, or the production of secondary related products. These uses include crushing
facilities, stockpiles, washing and screening operations, asphalt plants, concrete plants and
aggregate transfer stations, as well as accessory uses to extractive operations including
asphalt plants, concrete batch plants, recycle stockpile areas for glass, clean fill, asphalt,
and concrete and aggregate transfer stations.
The mineral-related uses permitted include open pit and underground mining operations
and associated facilities such as milling operations.
Land uses such as agriculture, forestry, conservation and outdoor recreation uses shall be
permitted, provided that such uses shall not generally include buildings or activities that
would preclude or hinder the establishment of new mineral mining or mineral aggregate
operations or access to mineral resources.
On lands designated Mineral Resource - Mineral on the basis of potential minerals,
development proposals for other land uses may be permitted in accordance with the Rural
section of this Plan, subject to the agreement of the Ministry of Northern Development and
Mines and the Township.
3.3.3 Policies
1.
On lands designated Mineral Resource, the area to be zoned and licensed under the
Aggregate Resources Act for a pit or quarry must be located within the limits of the
designated area. Any expansion proposal involving lands beyond the limits of the
designated area will require an amendment to this Plan.
2.
Existing licensed pits and quarries and other existing mineral resource operations
will be zoned in the Zoning By-law to permit such uses. New operations, as well
as expansions to existing operations will be established through an amendment to
the Zoning By-law. In evaluating the application, the Township shall review
studies submitted by the applicant in support of the related licence application
pursuant to the Aggregate Resources Act.
3.
Lands within the Mineral Resource designation that are not zoned for mineral
aggregate or mineral mining operations shall be placed in an appropriate zone
category in the Zoning By-law which will allow rurally-oriented uses, but which
will not allow sensitive land uses such as residences, day care centres and
educational and health facilities. Notwithstanding the foregoing, sensitive uses
may be permitted subject to the agreement of the Ministry of Northern
Development and Mines or the Ministry of Natural Resources and Forestry, as
applicable, and the Township's policies in the Land Use Compatibility section of
this Plan.
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Official Plan - December 2018 Office Consolidation
4.
On lands designated Mineral Resource and on adjacent lands, development and
activities which would preclude or hinder the establishment of new operations or
access to the resource shall only be permitted if:
1.
Resource use would not be feasible; or
2.
The proposed land use or development serves a greater long term public
interest; and
3.
Issues of public health, public safety and environmental impact are
addressed.
5.
All pit and quarry operations shall be licensed by the Ministry of Natural Resources
and Forestry under the Aggregate Resources Act.
6.
Aggregate extraction shall be undertaken in a manner which minimizes social,
economic and environmental impacts.
7.
Access to mineral aggregate or mineral mining operations shall be encouraged to
be located on Provincial highways or County roads, wherever possible. Where
access is to be obtained from a Township road, it must be of an adequate standard
of construction to support the anticipated truck traffic.
8.
An application for an amendment to the Official Plan to change the designation
from Mineral Resource to another designation shall be supported by a report which
demonstrates that:
1.
A mineral resource use would not be feasible; or
2.
The proposed land use or development serves a greater long term public
interest; and
3.
All issues related to public health and safety and environmental impact are
addressed; and
4.
The proposed redesignation shall not preclude the potential to use adjacent
lands designated Mineral Resource for mineral or mineral aggregate
extraction; and
5.
The existing aggregate operation has ceased and the aggregate license has
been surrendered.
Where an aggregate impact assessment demonstrates to the satisfaction of the
Township that there is no viable material present within the areas designated
Mineral Resource, development may occur in accordance with the policies of the
Rural designation without an Official Plan amendment.
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Official Plan - December 2018 Office Consolidation
Page 69
9.
Mineral aggregate operations shall be required to undertake progressive
rehabilitation to accommodate subsequent land uses. Comprehensive and
coordinated rehabilitation planning is encouraged where there is a concentration of
mineral aggregate operations. Where such operations are located on lands which
have been redesignated from the Agriculture designation or are located on lands
with soil classes 1 to 3 in the Canada Land Inventory for Agricultural Capability,
site rehabilitation shall be carried out whereby substantially the same areas and
average soil capability for agriculture is restored. Complete agricultural
rehabilitation will be required except where there is a substantial quantity of
mineral aggregates below the water table warranting extraction or the depth of
planned extraction in a quarry makes restoration of pre-extraction agricultural
capability unfeasible. In either case, other options must have been considered by
the applicant and found unsuitable and agricultural rehabilitation in remaining areas
shall be maximized.
10.
Mineral resource operations, including associated processing facilities, shall
undertake rehabilitation, including progressive rehabilitation where feasible, to
accommodate subsequent land uses, promote land use compatibility, recognize the
interim nature of extraction and to minimize impacts, to the greatest extent possible.
Final rehabilitation shall take surrounding land uses and approved land use
designations into consideration.
11.
In evaluating an amendment to the Official Plan to change the designation of lands
to Mineral Resource from another designation, the Township shall require the
applicant to provide sufficient information to evaluate the application, including the
following:
1.
The quality and quantity of mineral resource;
2.
The type and location of neighbouring land uses, having regard to land use
compatibility with the rural character and landscape, including visual
impacts;
3.
The location and adequacy of proposed access routes, any proposed
improvements and the traffic flow and volume;
4.
Proposed operational plans and site plans for extraction activities;
5.
Potential sources and sensitive receptors of noise, dust and vibration;
6.
Hydrogeology and surface water quality and quantity, predicted changes
and sensitivity to such changes;
7.
The location of natural heritage features and ecological functions, their type,
value and sensitivity to change;
8.
The appropriateness of the progressive and final rehabilitation plan;
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Official Plan - December 2018 Office Consolidation
9.
The adequacy of proposed screening, buffering and other mitigation
measures;
10.
The presence of archaeological remains or cultural heritage resources; and
11.
Requirements under the Aggregate Resources Act.
Information that may be required shall not include any demonstration of need for
mineral aggregates (i.e. any type of supply and demand analysis).
12.
It is a policy of this Plan that existing sensitive land uses such as residences, day
care centres and educational and health facilities shall be protected from the
establishment of new mineral aggregate and mining operations or expansions where
such establishment or expansion would be incompatible for reasons of public
health, public safety or environmental impact. Similarly, established pits and
quarries and resource areas are the beneficiaries of reciprocal policies contained in
the Land Use Compatibility section of this Plan intended to protect them from
encroachment by sensitive land uses. Influence areas in relation to pits are 300
metres, except in the case of Class B pits where excavation is above the water table,
in which case the influence area is 150 metres. The influence area in relation to
quarries is 500 metres.
13.
On lands designated Mineral Resource - Mineral, all planning applications shall be
circulated to the Ministry of Northern Development and Mines. Subject to the
agreement of the Ministry and the Township, development for purposes not related
to mineral resources may be permitted in accordance with the provisions of the
Rural designation, provided that such lands are not licensed for a pit or quarry under
the Aggregate Resources Act and provided further that:
1.
A mineral resource use would not be feasible; or
2.
The proposed land use or development serves a greater long term public
interest; and
3.
All issues related to public health, safety and environmental impact are
addressed.
3.3.4 Special Exception Areas
(Reserved)
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Official Plan - December 2018 Office Consolidation
Page 71
3.4
NATURAL HERITAGE - PSW
3.4.1 Intent of the Designation
Our natural heritage consists of a variety of features and areas which are important for their
environmental, economic and social value. These features and areas include wetlands,
areas of natural and scientific interest (ANSIs), fish habitat, woodlands, valleylands,
wildlife habitat and the habitat of endangered and threatened species. Some of these
features and areas are considered particularly significant by the Province of Ontario and/or
the Township. The Natural Heritage - PSW designation is assigned to Provincially-
significant wetlands and significant coastal wetlands in order to protect them from any
development or site alteration.
Wetlands are those lands which are seasonally or permanently covered by shallow water,
as well as lands where the water table is close to or at the surface. (Periodically saturated
or inundated lands used for agricultural purposes and which do not meet established criteria
for wetland definition are not considered to be wetlands for the purposes of these policies.)
In either case the presence of abundant water has caused the formation of hydric soils and
has favoured the dominance of either hydrophytic plants or water-tolerant plants. The four
major types of wetlands are swamps, marshes, bogs and fens. Wetlands are important for
their role in the recharge and discharge of groundwater, water quality improvement, flood
and erosion damage reduction, wildlife habitat and recreational and tourism opportunities
such as hunting, fishing, bird watching, hiking and boating.
Certain portions of Provincially-significant wetlands designated as Natural Heritage - PSW
in this Plan include lands which are also areas of natural and scientific interest (ANSIs).
ANSIs are areas of land and water with natural landscapes or features that have been
identified as having scientific value worthy of protection or study or related to education.
ANSIs are important since they represent the full spectrum of biological communities and
natural landforms and environments across the Province. In general, ANSIs are designated
Natural Heritage by this Plan, except where they are geographically coincident with
Provincially-significant wetlands, in which case they are designated Natural Heritage -
PSW in recognition of the more restrictive policies of the latter designation.
Similarly, other portions of Provincially-significant wetlands designated as Natural
Heritage - PSW in this Plan include lands within 1:100 year flood lines, as mapped by the
Conservation Authorities. While, in general, flood plain lands are designated Natural
Hazard by this Plan, where they are geographically coincident with Provincially-significant
wetlands and significant coastal wetlands, they are designated Natural Heritage - PSW to
reflect the more restrictive policy environment of the latter designation.
Locally-significant wetlands are not included in the Natural Heritage - PSW designation,
but rather are designated Natural Heritage.
Other natural heritage features such as fish habitat, wildlife habitat, endangered and
threatened species habitat and woodlands are discussed in the section of this Plan dealing
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Official Plan - December 2018 Office Consolidation
with Natural Heritage Features and System. While not included in the Natural Heritage
- PSW designation for policy or practical reasons, such features are nevertheless considered
significant. Policies relating to fish habitat, wildlife habitat, valleylands, woodlands, and
endangered and threatened species habitat are included in the Natural Heritage Features
and System section, as are policies relating to development on lands adjacent to wetlands
and ANSIs which are designated either Natural Heritage - PSW or Natural Heritage.
3.4.2 Permitted Uses
The permitted uses include only those related to conservation, wildlife management and
passive outdoor recreation activities that do not require alteration to the natural features.
Minor accessory structures relating to these uses, such as nesting platforms, which are
designed to minimize impacts on the natural features and functions of the area may be
permitted subject to the provisions of the Environmental Impact Assessments section of
this Plan.
3.4.3 Policies
1.
Development or site alteration such as filling, grading and excavating shall be
prohibited within the Natural Heritage - PSW designation.
2.
Development or site alteration such as filling, grading and excavating shall not be
permitted on lands adjacent to the Natural Heritage - PSW designation, unless the
ecological function of the adjacent lands has been evaluated and it has been
demonstrated that there will be no negative impacts on the natural features or on
their ecological functions, as set out in the Natural Heritage Features and System
section of this Plan and Environmental Impact Assessments section of the Plan.
Adjacent lands means those lands within 120 metres of the Natural Heritage - PSW
designation.
3.
Development or site alteration within or adjacent to wetland areas is subject to the
Section 28 Regulation made pursuant to the Conservation Authorities Act and
administered by the relevant Conservation Authority.
4.
New lots created on lands adjacent to the Natural Heritage - PSW designation
should not include any portion of the provincially significant wetland within the lot
being created so as to have the effect of fragmenting the wetland among multiple
ownerships.
5.
Where land designated as Natural Heritage - PSW is held under private ownership,
there is no implication that the land is open to the general public or that it will be
acquired by any public agency.
6.
Established agricultural uses ongoing at the date of adoption of this Plan are
permitted to continue in or adjacent to the Natural Heritage - PSW designation, but
the expansion of agricultural buildings or structures or the clearing or draining of
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Official Plan - December 2018 Office Consolidation
Page 73
additional lands are only permitted subject to the Environmental Impact
Assessments section of this Plan. In no case shall new agricultural buildings or
structures be permitted within the Natural Heritage - PSW designation.
3.4.4 Special Exception Areas
(Reserved)
3.5
NATURAL HERITAGE
3.5.1 Intent of the Designation
Our natural heritage consists of a variety of features and areas which are important for their
environmental, economic and social value. These features and areas include wetlands,
areas of natural and scientific interest (ANSIs), fish habitat, woodlands, valleylands,
wildlife habitat and the habitat of endangered and threatened species. Some of these
features and areas are considered particularly significant by the Province of Ontario and/or
the Township. The Natural Heritage designation is assigned to areas of natural and
scientific interest (ANSIs) and locally significant wetlands in order to protect them from
development or site alteration, unless it can be demonstrated that there will be no negative
impacts on the natural features or ecological functions for which the area is identified.
ANSIs are areas of land and water with natural landscapes or features that have been
identified as having scientific value worthy of protection or study or related to education.
ANSIs are important since they represent the full spectrum of biological communities and
natural landforms and environments across the Province.
All ANSIs in the Township are included in the Natural Heritage designation regardless of
whether they have been deemed provincially significant by the Ministry of Natural
Resources and Forestry or are identified as being a candidate ANSI.
In addition to ANSIs, locally-significant wetlands are included in the Natural Heritage
designation.
Other natural heritage features such as fish habitat, wildlife habitat, endangered and
threatened species habitat and woodlands are discussed in the section of this Plan dealing
with Natural Heritage Features and System. While not included in the Natural Heritage
designation for policy or practical reasons, such features are nevertheless considered
significant. Policies relating to fish habitat, wildlife habitat, valleylands, woodlands, and
endangered and threatened species habitat are included in the Natural Heritage Features
and System section, as are policies relating to development on lands adjacent to wetlands
and ANSIs which are designated either Natural Heritage - PSW or Natural Heritage.
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Official Plan - December 2018 Office Consolidation
3.5.2 Permitted Uses
The permitted uses shall generally include only those related to conservation, wildlife
management and passive outdoor recreation activities that do not require alteration to the
natural features. Development and site alteration relating to these uses may be permitted
subject to the provisions of the Environmental Impact Assessments section of this Plan.
Uses permitted in the Rural designation may also be permitted subject to the provisions of
the Environmental Impact Assessments section of this Plan.
3.5.3 Policies
1.
Development or site alteration such as filling, grading and excavating shall not
generally be permitted within the Natural Heritage designation unless it has been
demonstrated that there will be no negative impacts on the natural features or their
ecological functions in accordance with the Environmental Impact Assessments
section of this Plan and an amendment to the Zoning By-law.
2.
Development or site alteration such as filling, grading and excavating shall not be
permitted on lands adjacent to the Natural Heritage designation unless the
ecological function of the adjacent lands has been evaluated and it has been
demonstrated that there will be no negative impacts on the natural features or on
their ecological functions, as set out in the Natural Heritage Features and System
and Environmental Impact Assessments sections of this Plan. Adjacent lands
means those lands within 120 m of the Natural Heritage designation, except where
the designation is in relation to an ANSI - Earth Science, in which case the adjacent
lands shall be those lands within 50 metres of the Natural Heritage designation.
3.
Development or site alteration within or adjacent to wetland areas is subject to the
Section 28 Regulation made pursuant to the Conservation Authorities Act and
administered by the relevant Conservation Authority.
4.
Where land designated as Natural Heritage is held under private ownership, there
is no implication that the land is open to the general public or that it will be acquired
by any public agency.
5.
Established agricultural uses ongoing at the date of adoption of this Plan are
permitted to continue in or adjacent to the Natural Heritage designation, but new or
expanded agricultural buildings or structures or the clearing or draining of
additional lands are only permitted subject to the Environmental Impact
Assessments section of this Plan.
3.5.4 Special Exception Areas
(Reserved)
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Official Plan - December 2018 Office Consolidation
Page 75
3.6
NATURAL HAZARD
3.6.1 Intent of the Designation
Natural Hazard lands are lands which could be unsafe for development because of their
physical characteristics and which pose a potential risk for loss of life, property damage,
and social disruption if developed. Lands within 1:100 year flood lines, as mapped by the
Conservation Authorities, are designated as Natural Hazard on the Schedules. In addition,
certain portions of the shoreline area along the St. Lawrence River are flood and erosion
prone and also pose a significant potential risk to both people and property. In the
Township of Elizabethtown-Kitley, the 1:100 year flood level is 75.8 metres geodetic.
These lands are also designated as Natural Hazard. Generally, it is intended that no
development or site alteration occur in the designation.
The Natural Hazard Features section addresses policies for lands along the St. Lawrence
River which lie between the 1:100 flood elevation and the applicable wave uprush
elevations.
Steep slopes and organic soils as identified in the Canada Land Inventory also have the
potential to constitute a natural hazard and are discussed in the section of this Plan dealing
with Natural Hazard Features. Policies relating to steep slopes and organic soils are
included in the Natural Hazard Features section. Typically, lands exhibiting steep slopes
or organic soils pose constraints to development which, with appropriate engineering, may
be overcome. Accordingly, such lands will not normally be included in the Natural Hazard
designation.
In situations where Natural Hazard lands are geographically coincident with Provincially-
significant wetlands, they are designated Natural Heritage - PSW and subject to the
policies of the Natural Heritage - PSW designation, thereby reflecting the more restrictive
policy environment of the latter designation. In cases where the Natural Hazard lands are
geographically coincident with ANSIs and locally significant wetlands, and thereby
designated Natural Heritage, development is subject to both designations. Where the two
conflict, the more restrictive policies shall apply.
3.6.2 Permitted Uses
The permitted uses of the Natural Hazard designation include those related to agriculture,
forestry, conservation, wildlife management and passive outdoor recreation activities.
Buildings or structures associated with these uses shall not be permitted within the Natural
Hazard designation. It is recognized that Natural Hazard lands are to be managed so as to
complement adjacent land uses and protect them from any physical hazards or their effects.
No development is permitted other than flood or erosion control structures, shoreline
stabilization, water intake facilities and minor recreational facilities such as docks, all as
approved by the appropriate approval authorities, such as the Ministry of Natural Resources
and Forestry and the relevant Conservation Authority.
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Official Plan - December 2018 Office Consolidation
3.6.3 Policies
1.
The boundaries of the Natural Hazard designation as shown on the Schedules will
be used as a guide for the preparation of Zoning By-law provisions which will
implement the policies of this section. Development setbacks will be imposed from
the boundary of land designated as Natural Hazard relative to the extent or severity
of the hazard as set out in the Natural Hazard Features section of this Plan. No
new lots shall be created that lie solely in areas susceptible to flood hazards or that
cause adverse impacts on upstream or downstream lands. In accordance with
Provincial policies, all relevant policies of this Plan, the Conservation Authorities
Act and any associated regulations which may be adopted, no buildings or structures
except those related to flood and erosion control shall be constructed or enlarged,
and no other development or site alteration shall be permitted on lands within or
adjacent to the Natural Hazard designation, except as approved by the relevant
Conservation Authority.
2.
Lands within and adjacent to lands affected by natural hazard are subject to the
Section 28 Regulation made pursuant to the Conservation Authorities Act and
administered by the relevant Conservation Authority. While adjacent lands are
designated for various land uses, no buildings or structures shall be constructed or
enlarged, and no development or site alteration such as filling, grading and
excavating shall occur without the written permission of the relevant Conservation
Authority in accordance with the Section 28 Regulation.
3.
Although lands adjacent to the Natural Hazard designation within the wave uprush
area along the St. Lawrence River are designated for various land uses,
development and site alteration shall not be permitted on lands within or adjacent
to the Natural Hazard designation unless it satisfies the applicable policies of the
Natural Hazard Features section of this Plan.
Notwithstanding the foregoing, development that includes hospitals, long-term care
homes, retirement homes, pre-schools, school nurseries, day cares and schools,
essential emergency services such as those provided by fire, police, ambulance
stations and electrical substations and uses associated the disposal, manufacture,
treatment or storage of hazardous substances shall not be permitted.
There is no public obligation, however, either to redesignate or to purchase any land
if there is an existing or potential hazard that would be difficult or costly to
overcome.
4.
Where land designated Natural Hazard is held under private ownership, there is no
implication that the land is open to the general public or that it will be acquired by
any public agency.
5.
An application for the redesignation of Natural Hazard lands for other purposes
shall only be considered if it can be demonstrated to the satisfaction of the Township
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Official Plan - December 2018 Office Consolidation
Page 77
and relevant Conservation Authority that the lands are not subject to a natural
hazard.
6.
Where development is proposed on a site, part of which has physical or
environmental hazards, then such land shall not necessarily be acceptable as part of
the required parkland dedication under the Planning Act. All lands dedicated to the
Township shall be conveyed in a physical condition satisfactory to the Township.
Where an open watercourse is involved, adequate space shall be provided for
maintenance and operation.
7.
The Township shall encourage the owners of existing development to address
potential hazards in accordance with the policies of this Plan. Specifically,
buildings that are located within a 1:100 year flood plain should provide
floodproofing protection for such buildings and any proposed additions in
consultation with the relevant Conservation Authority.
8.
Currently, the 1:100 year flood plain for Golden Creek, Lyn Creek, portions of
Butler Creek and Centre Lake have been mapped. In addition, the 1:100 year flood
level and wave uprush elevations have been established for the St. Lawrence River.
Where new or additional flood plain mapping is undertaken, it shall be incorporated
into this Plan by amendment.
3.6.4 Special Exception Areas
(Reserved)
3.7
RURAL
3.7.1 Intent of the Designation
The lands designated Rural represent the bulk of lands within the Township and include a
wide variety of land types and activities at a relatively low density. These lands are
characterized by their historical role in accommodating the farm and rural communities.
The intent of this Plan is the preservation and promotion of the area's rural character while
providing for a modest amount of compatible and orderly new development.
Although a limited amount of commercial and industrial development is contemplated in
the Rural designation, the dominant consideration in assessing development proposals in
the Rural designation is the impact on the rural character of the Township. Preservation of
the rural, agricultural and natural appearance of the countryside is a priority. The overall
amount of development permitted will be consistent with the retention of the natural and
cultural heritage and landscapes of lands within the designation, including maintenance of
its characteristic tree-covered open spaces.
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Lands designated Rural on the periphery of the City of Brockville have historically been
the subject of greater development pressures and exhibit a more concentrated pattern of
development than other Rural designated areas. It is anticipated that this peripheral area
will continue to be the focus of greater development interest than Rural designated lands
in general due to its proximity to an urban centre of regional significance, lower land values
and taxes than Brockville and the visibility offered by County Road No. 29 which is a busy
thoroughfare. Although the majority of the properties that front on County Road No. 29
are already built-up, the Township wishes to focus new commercial and industrial
development to areas designated Commercial and Industrial-Business, respectively.
Accordingly, Rural designated lands within the County Road No. 29 Corridor Area will be
preserved as predominantly agriculturally or rurally-used lands to maintain and enhance
the community's rural character and reduce congestion along this heavily-travelled road.
Consequently, Official Plan amendments and Zoning By-law amendments to
accommodate new commercial, industrial and residential uses within portions of the Rural
designation fronting on County Road No. 29 shall be strongly discouraged.
3.7.2 Permitted Uses
Within the Rural designation, a variety of land uses shall be permitted. The primary use
of land will be for the management or use of resources such as forestry and conservation,
resource-based recreational uses (including recreational dwellings), home occupations,
home industries, and cemeteries. Agriculture uses (including agriculture-related uses, on-
farm diversified uses, and normal farm practices), as well as commercial, industrial, and
limited residential uses are also permitted, subject to the following use-specific policies.
3.7.3 Agriculture Policies
1.
The uses permitted in the Agriculture designation shall be permitted, provided that
all new farm and non-farm development shall comply with the Minimum Distance
Separation I (MDSI) and Minimum Distance Separation II (MDSII), as set out in
the Land Use Compatibility section of this Plan.
3.7.4 Residential Policies
1.
Permitted residential uses shall generally be restricted to single dwellings
developed on the basis of one dwelling per lot.
2.
Rural lands are intended for limited, low density residential development that
complements the character of the rural environment.
3.
Land division for the creation of residential lots is intended to be limited in nature
and shall be permitted only by the consent process and in accordance with the Land
Division section of this Plan. Plans of subdivision for residential use are not
permitted in the Rural designation.
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4.
Given that residential uses are sensitive land uses, special regard shall be given to
the policies of the Land Use Compatibility section of this Plan.
5.
Residential uses shall be placed in an appropriate zoning category in the Zoning
By-law.
3.7.5 Commercial Policies
1.
Rural Commercial Policies
1.
A variety of small-scale, rurally-oriented commercial uses shall be
permitted. These commercial uses include those engaged in the buying and
selling of goods and services primarily to area residents and the surrounding
agricultural community. Among other uses, permitted uses shall include
veterinary establishments, kennels, service shops, farm-related commercial
uses and small-scale businesses engaged in the custom production of
articles such as artists' or artisans' studios. An accessory dwelling for the
owner or operator shall be permitted.
2.
Commercial uses shall be limited to 465 square metres in building area.
3.
In order to avoid the blurring of communities and to maintain a sense of
rural character, commercial uses within the County Road No. 29 Corridor
shall be located at least 500 metres from lands designated Settlement Area.
4.
Within the County Road No. 29 Corridor:
1.
Only those commercial establishments which do not use large
volumes of water or generate high sewage flows shall be permitted;
2.
The internal conversion of existing residential buildings to
commercial uses shall be discouraged.
5.
Commercial uses must be appropriate for the proposed location.
6.
Commercial uses shall be encouraged to concentrate in groupings along the
main roads and in the vicinity of major intersections.
7.
Through the means of the Zoning By-law and Site Plan Control, regard shall
be had to aesthetic, functional, safety and land use compatibility
considerations. Special zoning and/or site plan requirements may be
applied where commercial development would abut residential or other
sensitive land uses.
8.
Vehicular access to commercial uses shall be carefully controlled in terms
of the design and numbers of access points in order to ensure public safety.
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9.
Adequate off-street parking, including accessible parking and accessory
structures, loading spaces and other facilities shall be provided in accessible
and convenient locations.
10.
The outdoor storage of goods and materials will be strictly controlled.
11.
Rural commercial uses shall generally be permitted by amendment to the
Zoning By-law.
2.
Tourist Commercial Policies
1.
Tourist commercial uses shall include a full range of uses that cater
primarily to the travelling or vacationing public or to recreational needs.
Permitted uses shall include tourist lodging facilities such as hotels, motels,
resorts, rental cottages and campgrounds, summer camps, clubs, antique
shops, places of entertainment, and recreational facilities such as golf
courses, driving ranges, hunt camps, sports and recreation areas and
facilities, parks and waterfront marinas. Buildings, structures or sites of
historic interest, uses such as museums, interpretive centres and related
facilities are also permitted. An accessory dwelling for the owner or
operator of a tourist commercial use shall also be permitted.
2.
Tourist commercial uses must be appropriate for the proposed location. In
this regard, uses shall be located so that they are readily accessible to tourist
traffic with a minimum of disruption to adjacent residential uses from
lighting, noise, odour, dust or traffic.
3.
Through the means of the Zoning By-law and Site Plan Control, regard shall
be had to aesthetic, functional, safety and land use compatibility
considerations. Special zoning and/or site plan requirements may be
applied where tourist development would abut residential or other sensitive
land uses.
4.
Within the County Road No. 29 Corridor:
1.
Only those tourist establishments which do not use large volumes of
water or generate high sewage flows shall be permitted;
2.
In order to avoid the blurring of communities and to maintain a sense
of rural character, tourist establishments shall generally be located
at least 500 metres from lands designated Settlement Area.
5.
Vehicular access to tourist commercial uses shall be carefully controlled in
terms of the design and numbers of access points in order to ensure public
safety.
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6.
Adequate off-street parking, including accessible parking and accessory
structures, loading spaces and other facilities shall be provided in accessible
and convenient locations.
7.
In reviewing planning applications for tourist commercial development,
particular regard shall be given to the protection of cultural and natural
heritage features.
8.
The conversion of existing buildings with cultural heritage value for tourist
commercial uses shall be encouraged.
9.
Tourist commercial uses shall generally be permitted by amendment to the
Zoning By-law.
3.7.6 Industrial Policies
1.
Permitted industrial uses shall be those which are small-scale and oriented to the
rural economy, such as those which use local resources or serve local businesses
and residents such as sawmills, feedmills, agricultural processing facilities, farm
service businesses and similar farm and forest-based uses. An accessory dwelling
for the owner or operator of an industrial use may also be permitted, where
compatible.
2.
In order to address potential land use conflicts between industrial and other uses,
industrial development shall comply with the Land Use Compatibility section of
this Plan.
3.
Through the means of the Zoning By-law and Site Plan Control, regard shall be had
to aesthetic, functional, safety and land use compatibility considerations. Special
zoning and/or site plan requirements may be applied where industrial development
would abut residential or other sensitive land uses.
4.
Adequate off-street parking, including accessible parking and accessory structures,
loading spaces and other facilities shall be provided in accessible and convenient
locations.
5.
Vehicular access to industrial uses shall be carefully controlled in terms of the
design and numbers of access points in order to ensure public safety. Particular
regard shall be had to the needs of truck traffic.
6.
Outdoor storage areas shall be adequately buffered from adjacent roads and
properties.
7.
Within the County Road No. 29 Corridor:
1.
The internal conversion of existing residential buildings to industrial uses
shall be discouraged;
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2.
In order to avoid the blurring of communities and to maintain a sense of
rural character, industrial uses shall be located at least 500 metres from
lands designated Settlement Area.
8.
Industrial uses shall be limited to 465 square metres in building area.
9.
Industrial uses shall generally be permitted by amendment to the Zoning By-law.
3.7.7 Mobile Home Parks Policies
1.
A mobile home park is a property developed for the placement of mobile homes on
permanent foundations. Mobile home parks, including uses which are incidental to
a mobile home park such as a park management office, accessory commercial uses
such as a convenience store, recreational facilities, a laundromat, storage facilities
and other similar uses may be permitted.
2.
Mobile home parks may be developed for ownership either as a single entity or on
a freehold basis.
3.
Where a mobile home park is owned as a single entity, ownership and maintenance
of the roads, operation and maintenance of servicing systems, snow ploughing,
waste collection, landscaping and other amenities and services shall rest with the
owner of the park.
4.
Sewer and water services shall be provided to the satisfaction of the Township and
the relevant approval authorities for such services. The Township will not approve
the development of any mobile home park on the basis of communal sewage and/or
water services.
5.
Internal roads will be constructed to Township standards.
6.
All mobile home sites will have frontage on an internal road.
7.
Where the park is to be owned as a single entity, development will take place in
accordance with a site plan approved by the Township. Where the park is to be
owned on a freehold basis, development will take place by plan of subdivision.
8.
Lot area, density, site size, yard and parking requirements and other matters shall
be regulated through the implementing Zoning By-law.
9.
A minimum of 5% of the total area of the park should be provided in a consolidated
form for recreational purposes.
10.
The establishment of any new mobile home park shall require an amendment to the
Official Plan to a Special Exception Area, as well as an amendment to the Zoning
By-law. In considering such amendments, the Township shall have regard to the
following criteria:
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1.
The compatibility of the proposed park with existing land uses and
designations of the surrounding area;
2.
The park shall have frontage on a public road, which is of a suitable standard
of construction, and any access to the public road shall be located so as not
to create a safety hazard;
3.
The suitability of the proposed site with respect to servicing considerations,
and the implications for the Township in terms of potential responsibility
for services; and
4.
The adequacy of the layout of the park in relation to aesthetic, functional
and other matters, as reflected in the proposed site plan or plan of
subdivision.
3.7.8 Waste Disposal Sites Policies
1.
Waste disposal sites shall be restricted to existing closed or open waste or sanitary
landfill sites as identified on the Schedules. Ancillary uses such as recycling depots
and transfer stations shall also be permitted. Disposal of liquid industrial,
radioactive or toxic waste shall not be permitted.
2.
Waste disposal sites shall be operated and maintained in accordance with the
standards set by the Ministry of the Environment and Climate Change.
3.
No use shall be made of land used as a waste disposal site for a period of 25 years
from the year in which the waste disposal use ceased without the approval of the
Ministry of the Environment and Climate Change. Use of any closed disposal site
will be in accordance with the Certificate of Approval.
4.
Development of lands adjacent to a closed or open waste disposal site shall be
subject to the Land Use Compatibility section of this Plan.
5.
The establishment of any new waste disposal site shall be undertaken in accordance
with Provincial requirements and shall require an amendment to the Official Plan
and the Zoning By-law.
3.7.9 Wrecking Yards Policies
1.
Wrecking yards are facilities where derelict, discarded, abandoned or inoperative
motor vehicles and/or other goods, wares, merchandise or articles are stored wholly
or partly in the open. Wrecking yards may be permitted, as may an accessory
dwelling for the owner or operator.
2.
Wrecking yards shall be adequately screened on all sides so that no portion of the
operation, including the storage areas, are visible from a public road.
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3.
Wrecking yards shall not cause or contribute to the contamination of any ground or
surface water.
4.
The establishment of any new wrecking yard shall require an amendment to the
Official Plan to a Special Exception Area, as well as an amendment to the Zoning
By-law. Among other matters, the Township shall consider:
1.
The compatibility of the proposed wrecking yard with existing land uses
and designations of the surrounding area. In this regard, the policies of the
Land Use Compatibility section of this Plan shall apply.
2.
The suitability of the proposed site with respect to environmental
considerations.
3.
The layout of the wrecking yard in relation to screening, buffering,
functional and other matters as reflected in the proposed site plan.
3.7.10 Special Exception Areas
1.
154 County Road 17, Part of Lot 4, Concession 2 (geographic Township of Kitley)
Notwithstanding any policies or provisions of the Rural designation to the contrary, on
the approximately 6.4 hectare parcel of land known municipally as 154 County Road
No. 17 and located in Part of Lot 4, Concession 2, geographic Township of Kitley, a
concrete plant shall be an additional permitted use.
3.8
SETTLEMENT AREA
3.8.1 Intent of the Designation
The villages and hamlets designated as Settlement Area are the focus of growth, and
include the population centres of Lyn, Tincap, New Dublin, Addison, Greenbush,
Rocksprings, Frankville, Toledo, Bellamy's Mills, Jasper and Newbliss. These
communities have historically provided, to varying degrees, a mix of local retail, service
and social-cultural and residential opportunities for the community. Settlement areas have
played a long-standing and important role in accommodating the day-to-day needs of the
farm and rural communities, as well as recreational and tourist-oriented uses.
The Township also seeks to encourage more concentrated development in the Settlement
Areas designation than would typically be found or permitted within the Rural designation,
subject to appropriate servicing as outlined in the Ground Water Supply and Sewage
Disposal section of the Plan. The amount and type of development permitted through
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infilling and intensification will, however, be consistent with the maintenance of the
character of these villages and hamlets.
The existing boundaries of the Settlement Area designation are intended to include some
allowance for new development to occur and it is anticipated that Settlement Areas will
continue to experience growth through infilling and development of vacant lands. The
identification of a new settlement area and/or the expansion of an existing settlement area
boundary is only permitted at the time of a comprehensive review in accordance with the
policies set out in the Counties Official Plan.
While Settlement Area expansions are not anticipated over the horizon of this Plan, where
adjustments to Settlement Area designation boundaries are considered which would not
increase the aggregate amount of developable land within a settlement area, the Township
may undertake a review of the local municipal growth allocation in accordance with the
requirements set out in the Counties Official Plan. Such adjustments to the Settlement
Area designation boundaries will not require a Counties comprehensive review but will
require an amendment to both the Counties and Township Official Plans.
3.8.2 Permitted Uses
Permitted uses within the Settlement Area designation may include residential, general
commercial and tourist commercial uses, and small-scale light industrial uses, subject to
the following use-specific policies.
3.8.3 Residential Policies
1.
A variety of residential uses, ranging from single-detached dwellings to multiple
unit dwellings and including dwellings units within non-residential buildings may
be permitted, subject to the completion of hydrogeological, terrain analysis and
impact assessment reports in relation to more intense development forms. Such
studies will be to the satisfaction of the relevant approval authority for sewage and
water services.
2.
Residential development may take place by consent along a main road serving the
community or by a plan of subdivision for lands behind existing development
fronting on such road and in accordance with the Land Division section of this
Plan.
3.
New development within the Settlement Area designation shall be encouraged to
take place as a logical extension of existing development in order to create compact
and efficient communities.
4.
Adequate screening and/or a buffer strip shall be required where a proposed
residential development abuts non-residential uses which could be incompatible.
5.
Residential uses shall be zoned and regulated in the Zoning By-law.
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3.8.4 Commercial Policies
1.
General Commercial and Tourist Commercial uses permitted in the Commercial
designation may be permitted.
2.
Within the County Road No. 29 Corridor:
1.
Only those commercial establishments which do not use large volumes of
water or generate high sewage flows shall be permitted;
2.
The internal conversion of existing residential buildings to commercial uses
shall be discouraged.
3.
Commercial uses must be appropriate for the proposed location.
4.
Commercial uses shall be encouraged to concentrate in groupings along the main
roads and in the vicinity of major intersections.
5.
Through the means of the Zoning By-law and Site Plan Control, regard shall be had
to aesthetic, functional, safety and land use compatibility considerations. Special
zoning and/or site plan requirements may be applied where commercial
development would abut residential or other sensitive land uses.
6.
Vehicular access to commercial uses shall be carefully controlled in terms of the
design and numbers of access points in order to ensure public safety.
7.
Adequate off-street parking, including accessible parking and accessory structures,
loading spaces and other facilities shall be provided in accessible and convenient
locations.
8.
Open storage shall not generally be permitted.
9.
Commercial uses shall be zoned and regulated in the Zoning By-law, which may
include use and zone provisions which support tourist-oriented and locally-oriented
commercial uses, as well as the inclusion of residential uses within buildings
accommodating commercial uses at street level.
3.8.5 Industrial Policies
1.
In general, industrial uses shall not be permitted in the Settlement Area designation.
Small-scale light industrial uses such as certain tradesperson's workshops may be
permitted, subject to an amendment to the Zoning By-law.
2.
No industrial use shall be permitted that would create a nuisance by way of noise,
illumination, odour, dust, vibration, fumes or smoke. In this regard, the policies of
the Land Use Compatibility section of this Plan shall apply.
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3.
Through the means of the Zoning By-law and Site Plan Control, regard shall be had
to aesthetic, functional, safety and land use compatibility considerations. Special
zoning and/or site plan requirements may be applied where industrial development
would abut residential or other sensitive land uses.
4.
Within the County Road No. 29 Corridor:
1.
Only those industrial establishments which do not use large volumes of
water or generate high sewage flows shall be permitted;
2.
The internal conversion of existing residential buildings to industrial uses
shall be discouraged.
5.
Industrial uses shall be encouraged to locate along the main road on the periphery
of the settlement area.
6.
Adequate off-street parking, including accessible parking and accessory structures,
loading spaces and other facilities shall be provided in accessible and convenient
locations.
7.
Vehicular access to industrial uses shall be carefully controlled in terms of the
design and numbers of access points in order to ensure public safety. Particular
regard shall be had to the needs of truck traffic.
8.
Open storage shall not generally be permitted.
9.
Industrial uses shall be limited to 465 square metres in building area.
10.
Industrial uses shall generally be permitted by amendment to the Zoning By-law.
3.8.6 Special Exception Areas
(Reserved)
3.9
RESIDENTIAL
3.9.1 Intent of the Designation
Together with the Settlement Area designation, the Residential designation is intended to
provide for the bulk of new residential development over the planning horizon of this Plan.
The Residential designation focuses residential development to specific areas and
encourages development to occur in a comprehensively planned and compact fashion. The
Residential designation also serves to identify, on a limited basis, where residential
subdivision development outside the Settlement Area designation may occur.
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The lands designated Residential identify both existing and proposed areas where
residential development has been, or is to be, directed and developed largely by plan of
subdivision. The bulk of Residential-designated lands lie in the south portion of the
Township and no vacant lands in the north part of the Township are currently designated.
While the communities designated Settlement Area provide some ability to accommodate
future residential development, this Plan anticipates that there may be requests to
redesignate Rural-designated lands in the north portion of the Township to Residential in
order to address residential subdivision needs.
The general intent is to permit only limited division of lands within the Residential
designation through the consent process and provided only that such division does not
inhibit the ability to develop the balance of designated lands through the subdivision
process.
All development within the Residential designation will take place on the basis of private
water supply and sewage disposal services, except for a limited amount of development
situated on the north and south sides of County Road No. 2 in the southwest portion of the
Township which may be connected to a municipal piped water supply but serviced with
individual sewage disposal systems, in accordance with the policies contained in the
Ground Water Supply, Sewage Disposal and Other Services section of the Plan.
3.9.2 Permitted Uses
Uses within the Residential designation shall be limited to low density residential
development generally developed by plan of subdivision.
3.9.3 Residential Policies
1.
Permitted residential uses shall generally be restricted to single dwellings
developed on the basis of one dwelling per lot.
2.
Residential lands are intended for low density residential development that
complements the character of the rural environment.
3.
Land division for the creation of residential lots is permitted primarily by plan of
subdivision. Only limited lot creation by consent is contemplated. Lot creation
shall be in accordance with the Land Division section of this Plan.
4.
Residential uses shall be zoned and regulated in the Zoning By-law.
3.9.4 Special Exception Areas
(Reserved)
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3.10
COMMERCIAL
3.10.1 Intent of the Designation
The Commercial designation is to provide for a wide range of general and tourist
commercial uses, including large-scale operations.
The lands designated Commercial identify both existing and proposed areas where
commercial development has been, or is to be, directed and developed. An important
element of the intent of the designation is to encourage the clustering of commercial uses
within defined areas in order to encourage efficient land use patterns that serve the interests
of both businesses and consumers.
Currently, most Commercial-designated lands lie in the south portion of the Township.
While the areas designated Commercial include vacant lands and offer some ability to
accommodate future commercial land requirements, this Plan anticipates that there may be
requests to redesignate Rural-designated lands in the north portion of the Township to
Commercial in order to address local needs for convenient access to goods and services.
3.10.2 Permitted Uses
Uses permitted within the Commercial designation shall include a full range of General
Commercial and Tourist Commercial uses.
3.10.3 Commercial Policies
1.
General Commercial Policies
1.
A variety of commercial uses including locally-oriented, rurally-oriented
and highway commercial uses shall be permitted. These commercial uses
are those engaged in the buying and selling of goods and services primarily
to area residents, farms, businesses and the travelling public. Among other
uses, permitted uses shall include automobile sales and service, gas bars,
hotels, motels, eating establishments, retail uses, business and professional
offices, service shops and farm-related commercial uses. In addition, small-
scale businesses engaged in the custom production of articles such as artists'
or artisans' studios shall be permitted. An accessory dwelling for the owner
or operator may be permitted.
2.
In order to avoid the blurring of communities and to maintain a sense of
rural character, commercial uses within the County Road No. 29 Corridor
shall be located at least 500 metres from lands designated Settlement Area.
3.
Within the County Road No. 29 Corridor:
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1.
Only those commercial establishments which do not use large
volumes of water or generate high sewage flows shall be permitted;
2.
The internal conversion of existing residential buildings to
commercial uses shall be discouraged.
4.
Commercial uses must be appropriate for the proposed location.
5.
Commercial uses shall be encouraged to concentrate in groupings along
main roads and in the vicinity of major intersections.
6.
Through the means of the Zoning By-law and Site Plan Control, regard shall
be had to aesthetic, functional, safety and land use compatibility
considerations. Special zoning and/or site plan requirements may be
applied where commercial development would abut residential or other
sensitive land uses.
7.
Vehicular access to commercial uses shall be carefully controlled in terms
of the design and numbers of access points in order to ensure safety to road
users, including pedestrians and cyclists.
8.
Adequate off-street parking, including accessible parking and accessory
structures, loading spaces, bicycle parking and other facilities shall be
provided in accessible and convenient locations.
9.
The outdoor storage of goods and materials will be strictly controlled.
10.
Commercial uses shall be specified and regulated in the Zoning By-law.
2.
Tourist Commercial Policies
1.
Tourist commercial uses shall include a full range of uses that cater
primarily to the travelling or vacationing public or recreational needs.
Permitted uses shall include tourist lodging facilities such as hotels, motels,
resorts, rental cottages and campgrounds, summer camps, clubs, places of
entertainment, and recreational facilities such as golf courses, hunt camps,
sports and recreation areas and facilities, parks and marinas. Buildings,
structures or sites of historic interest, uses such as museums and related
facilities are also permitted. An accessory dwelling for the owner or
operator of a tourist commercial use may also be permitted.
2.
Tourist commercial uses must be appropriate for the proposed location. In
this regard, uses shall be located so that they are readily accessible to tourist
traffic with a minimum of disruption to adjacent residential uses from
lighting, noise, odour, dust or traffic.
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3.
Through the means of the Zoning By-law and Site Plan Control, regard shall
be had to aesthetic, functional, safety and land use compatibility
considerations. Special zoning and/or site plan requirements may be
applied where tourist development would abut residential or other sensitive
land uses.
4.
Within the County Road No. 29 Corridor:
1.
Only those tourist establishments which do not use large volumes of
water or generate high sewage flows shall be permitted;
2.
In order to avoid the blurring of communities and to maintain a sense
of rural character, tourist establishments shall generally be located
at least 500 metres from lands designated Settlement Area.
5.
Vehicular access to tourist commercial uses shall be carefully controlled in
terms of the design and numbers of access points in order to ensure safety
to road users, including pedestrians and cyclists.
6.
Adequate off-street parking, including accessible parking and accessory
structures, loading spaces, bicycle parking, and other facilities shall be
provided in accessible and convenient locations.
7.
In reviewing planning applications for tourist commercial development,
particular regard shall be given to the protection of cultural and natural
heritage features.
8.
The conversion of existing buildings with cultural heritage value for tourist
commercial uses shall be encouraged.
9.
Tourist commercial uses shall be specified and regulated in the Zoning By-
law.
3.10.4 Special Exception Areas
(Reserved)
3.11
INDUSTRIAL/BUSINESS
3.11.1 Intent of the Designation
The Industrial/Business designation is intended to provide consolidated lands for various
types of industries and enterprises. With the exception of some isolated areas scattered
throughout the Township, the main areas presently targeted and designated for
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industrial/business development are concentrated in two industrial/business parks, both of
which are located in the County Road No. 29 Corridor Area.
While the existing areas designated Industrial/Business include significant vacant lands
and offer considerable ability to accommodate future industrial land requirements, these
designated lands are located almost exclusively in the south portion of the Township. The
north-south linearity of the Township, combined with the need for certain rural industrial
uses to locate in stand-alone environments due to locational, compatibility or other land
use considerations, requires that this Plan anticipate that there are likely to be requests to
redesignate Rural-designated lands to the Industrial/Business designation, particularly in
the north portion of the Township.
Proposals to convert lands within the Industrial/Business designation to another type of
land use will be reviewed through a review of local municipal growth allocation and the
need for a boundary adjustment, in accordance with the requirements set out in the Counties
Official Plan.
3.11.2 Permitted Uses
Permitted industrial uses shall be those which are oriented to the rural economy, such as
those which use local resources or serve local businesses and residents such as sawmills,
feedmills, agricultural processing facilities, open storage, warehousing, farm service
businesses, builders' supply yards, bulk storage yards, contractors' yards, transportation
terminals, marijuana production facilities, and similar uses. An accessory dwelling for the
owner or operator of an industrial use may also be permitted, where compatible.
In addition, the following light industrial uses shall be permitted: processing and assembly
facilities, light manufacturing, wholesaling, the provision of goods and services to
businesses and institutions, and laboratories and research and development facilities.
Where the Industrial/Business designation provides for both rural and light industrial uses,
it is intended that the implementing Zoning By-law may restrict permitted industrial uses
on the basis of their compatibility with, and complementarity to, each other.
3.11.3 Industrial/Business Policies
1.
In order to address potential land use conflicts between industrial/business uses,
such development shall comply with the Land Use Compatibility section of this
Plan.
2.
Within the County Road No. 29 Corridor:
1.
Only those industrial/business establishments which do not use large
volumes of water or generate high sewage flows shall be permitted;
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2.
The
internal
conversion
of
existing
residential
buildings
to
industrial/business uses shall be discouraged.
3.
Through the means of the Zoning By-law and Site Plan Control, regard shall be had
to aesthetic, functional, safety and land use compatibility considerations. Special
zoning and/or site plan requirements may be applied where industrial or business
development would abut residential or other sensitive land uses.
4.
Adequate off-street parking, including accessible parking and accessory structures,
loading spaces, bicycle parking, and other facilities shall be provided in accessible
and convenient locations.
5.
Vehicular access to industrial or business uses shall be carefully controlled in terms
of the design and numbers of access points in order to ensure safety to road users,
including pedestrians and cyclists. Particular regard shall be given to areas where
truck traffic poses a safety issue to pedestrians, cyclists and other road users.
Regard shall be given to implementing safety features that support pedestrian and
cycle-friendly environments.
6.
Outdoor storage areas shall be adequately buffered from adjacent roads and
properties.
7.
Industrial/business uses permitted shall be specified and regulated in the Zoning
By-law.
3.11.4 Special Exception Areas
(Reserved)
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SECTION 4
TRANSPORTATION
4.1
GENERAL
This Section establishes the general transportation policies for the Township. A safe,
convenient and functional road network is the key element in facilitating the movement of
both people and goods to and from the various areas within the Township and between the
Township and neighbouring municipalities. The road pattern shown on the Schedules
largely reflects the historical interrelationship between land use and transportation routes.
The road system is classified on the basis of the jurisdiction of responsibility.
Existing and proposed public roads within the Township are classified as Provincial
Highways, County Roads and Township Roads, as indicated on the Schedules. Where
additional land is required for widening and extension, such land shall be obtained, where
possible, in the course of approving development applications under the Planning Act.
The Township will work with the authorities having jurisdiction to secure road
improvements in the form of jog eliminations, regulation of turning movements, proper
signing, installation of traffic signals, marking of traffic lanes, channelization and new road
construction that will establish a functional road network as shown on the Schedules.
The Canadian National Railway runs east-west along the southern portion of the Township,
and the Canadian Pacific Railway runs north-south. It is the intention that railroad
crossings be improved where warranted by the appropriate railway regulatory authority.
Improvements may be in the form of grade separations or other protective measures such
as daylighting triangles, signals or gates, or combinations thereof.
Where a development proposal may have an impact on the proper functioning or safety of
the road network or railway, the approval authority may require the undertaking of traffic
impact or other studies to identify potential issues and mitigation measures.
The Township acknowledges that County Road No. 29's primary function is as an inter-
city connector, however, also recognizes that it acts as the gateway into the Township. As
such, it is a window to the character of the Township. Consequently, when undertaking
road improvements and the development of new intersecting roads, the Township shall
encourage efforts to preserve and enhance the scenic qualities of County Road No. 29 and
other roads, while ensuring that functional and safety concerns are addressed.
The Township shall seek funding or set aside funds in the municipal budget for the
maintenance and upgrading of roads, in accordance with community improvement plans
and/or transportation and traffic studies.
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The Township will support the development of an active transportation network and
implementation of a local municipal trails strategy, including connectivity with other local,
regional and provincial trail systems.
4.2
PROVINCIAL HIGHWAYS
Provincial highways are intended to carry a high volume of traffic at relatively high speeds.
Proposed development adjacent to a provincial highway or in the vicinity of an interchange
is subject to the requirements and permit control of the Ministry of Transportation. All
development proposals relating to lands adjacent to a provincial highway or in the vicinity
of an interchange shall be circulated to the Ministry of Transportation for comment. The
preparation of traffic studies and storm water management plans may be requested by the
approval authority.
For any proposed development on lands adjacent to a provincial highway or in the vicinity
of an interchange, Ministry of Transportation permits relating to land use, buildings and
structures, signs and entrances are required prior to the commencement of any construction.
There is one provincial highway in the Township - Highway No. 401. The minimum right-
of-way width shall be as determined by the Ministry of Transportation.
4.3
COUNTY ROADS
Where development is proposed adjacent to a County road, approval for an entrance must
be obtained from the United Counties of Leeds and Grenville in accordance with the
County requirements and policies of this Plan. These requirements and policies shall also
be used in determining building setbacks from County roads.
County Road Nos. 1, 2, 6, 7, 8, 16, 17, 26, 27, 28, 29, 30, 42, and 46 presently serve the
Township and are under the jurisdiction of the United Counties of Leeds and Grenville.
The minimum County road right-of-way for County Road No. 2 and 42 should be 30.5
metres. In all other cases, the minimum County road right-of-way should be 26.2 metres,
except where, in consultation with the Counties, circumstances may necessitate a wider
road allowance or where there is insufficient land to obtain the widening without having to
demolish existing buildings.
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4.4
TOWNSHIP ROADS
The Township roads identified on the Schedules are those roads which are owned and
maintained by the Township. Where development is proposed adjacent to a Township
road, approval for an entrance must be obtained from the Township. Access shall only be
permitted in locations that can accommodate traffic in a safe manner. Where sight
deficiencies exist due to curves, grades or other factors, no new access will be permitted
unless the deficiency is corrected at the owner's expense and to the satisfaction of the
Township.
The minimum right-of-way for Township roads will be 20 metres. All new Township
roads shall be constructed to Township standards.
For policy purposes, the Township considers unmaintained Township roads to be private
roads.
4.5
PRIVATE ROADS
Private roads are those rights-of-way which provide access to two or more properties but
which have not been assumed by the Township for maintenance purposes. Some private
roads have been established as registered rights-of-way and are precisely defined on legal
plans while others are not clearly identified with respect to their location. The Township
shall not assume any liability for any private road regardless of status.
Where access to properties is provided by private roads, municipal services such as snow
ploughing or road maintenance and improvement are neither available nor the
responsibility of the Township. Additionally, in some cases other public services such as
school bussing and protection to persons/property from services including police, fire and
ambulance may be unavailable or limited in nature. The Township shall attempt to
recognize such limitations through the mechanisms of the Zoning By-law and/or municipal
agreements.
The creation or extension of private roads is not permitted. For the purposes of interpreting
this policy, the establishment of a right-of-way to provide shared driveway access for two
abutting properties, each of which has frontage on a public road, shall not constitute the
creation of a private road. In addition, a consent application, the sole purpose of which is
to legally identify the location of an existing private road, as defined in this Plan, shall not
constitute the creation of a new private road.
Notwithstanding the foregoing policy prohibiting the creation or extension of a private
road, the creation of a new private condominium road shall be permitted where such road
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is within a registered plan of condominium pursuant to the Condominium Act, as amended,
and where it connects directly to an existing public road.
If an existing private road is reconstructed to a standard acceptable to the Township and at
no expense to the Township, the Township may consider the assumption of the private road
by by-law, if it abuts an existing maintained Township or County road or Provincial
highway. Prior to undertaking any such reconstruction for the purposes of allowing
Township assumption, landowners of property on a private road must obtain the approval
of the Township. The work shall be undertaken to the standards of, and supervised by, the
Township.
Known private roads are shown on the Schedules for information purposes.
4.6
PROPOSED ROAD WIDENINGS
The County or Township may require land to be conveyed at no cost for the purpose of
widening the existing public road right-of-way as a condition of consent, subdivision or
site plan approval.
Land for the widening of the existing public road right-of-way shall generally be sought
equally from both sides of the right-of-way, however, in certain situations site-specific
conditions may necessitate taking widening on an unequal basis.
4.7
ROAD ALLOWANCES ABUTTING WATER BODIES
The Township values all road allowances that abut water bodies for their ability to provide
both physical and visual access to the water. Where road allowances abut the shores of
lakes and rivers, the Township intends to retain ownership of such road allowances.
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SECTION 5
IMPLEMENTATION AND ADMINISTRATION
5.1
INTRODUCTION
This Official Plan shall be implemented by means of the powers conferred upon the
Council by the Planning Act, the Municipal Act and such other statutes as may be
applicable. In particular, this Plan shall be implemented through Zoning By-laws, Site
Plan Control, legislation pursuant to the Municipal Act, the construction of Public Works
and a Capital Works Program.
5.2
LAND DIVISION
5.2.1 Introduction
The United Counties of Leeds and Grenville is the approval authority for plans of
subdivision, plans of condominium and consent applications. The division of land can take
place in two ways; by the consent (severance) process and by plan of subdivision. The
division of land by the consent process is intended for the creation of not more than two
new lots, and for situations not related to the creation of new lots such as lot line
adjustments and the creation of easements. Except in circumstances specifically
contemplated in this Plan, where the division of land results in the creation of three or more
new lots, it will likely be necessary to proceed by plan of subdivision.
There are certain general policies that apply to all lot creation, other policies that are
specific to consents, and others that apply exclusively to plans of subdivision.
5.2.2 General Policies
1.
The frontage, size and shape of any lot created shall be appropriate for the proposed
use and conform to the provisions of the Zoning By-law. The minimum lot area
shall be generally no less than 0.4 hectares. A larger lot size may be required
depending upon the nature of the use, the topography and/or other development
constraints. A smaller lot size may be permitted in exceptional situations, such as
in the case of lands within the Settlement Area designation where the nature or
siting of existing uses or buildings precludes the possibility of achieving the 0.4
hectare minimum lot area.
2.
No land division shall result in the landlocking of any parcel of land. Further, no
land division shall result in a situation where a lot would have unusually limited
road frontage relative to its width or area, such that the existing or potential ability
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to use the lot in an appropriate fashion is significantly undermined by such limited
road frontage.
3.
No land division shall be permitted where safe vehicular access from the proposed
lot to the adjacent road cannot be provided due to conditions such as limited sight
lines, traffic volumes, grades or proximity to intersections or rail crossings, in
accordance with the policies of the Transportation section of this Plan.
4.
No land division shall create a financial burden on the Township with respect to the
provision of Municipal services or facilities, as set out in the Economic Policy
section of this Plan.
5.
All land division shall meet the requirements of this Plan for the dedication of
parkland or cash-in-lieu thereof, as set out in the Parks, Trails and Recreational
Facilities section of this Plan.
6.
All land division shall address land use separation and compatibility concerns, as
set out in the Land Use Compatibility section of this Plan.
7.
No land division shall result in the creation of a lot subject to natural hazards such
as flooding, organic soils or steep slopes with potential for instability or erosion,
unless development would be permitted by the Natural Hazard Features section
of this Plan.
8.
No land division shall result in the creation of a lot affected by soil contamination
or hazards related to former mining or mineral resource operations, unless
development would be permitted by the Human-made Hazard Features section
of this Plan.
9.
No land division shall result in a negative impact on the natural features or the
ecological functions for which the area is identified such as wetlands, areas of
natural and scientific interest (ANSIs), woodlands, fish habitat, wildlife habitat and
endangered and threatened species habitat. The policies of the Natural Heritage
Features and System section will be adhered to in this regard.
10.
The creation of new lots that extend into, or fragment ownership of natural heritage
features and areas, and where appropriate, lands subject to natural hazards, should
be discouraged in consideration of the long-term management concerns related to
risks to life and property and natural heritage protection.
11.
In considering land division applications, regard shall be had to the Cultural
Heritage and Archaeological Resources section of the Plan, including
requirements with respect to the identification and preservation of significant
cultural heritage and archaeological resources.
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12.
All land division shall comply with the Ground Water Supply, Sewage Disposal
and Other Services section of the Plan concerning the provision of appropriate
water and sewage services and the availability of other services.
13.
No land division shall create a lot which cannot comply with the minimum water
setback and minimum water frontage requirements contained in the Development
Adjacent to Water Bodies section of this Plan.
14.
Road widening dedications may be requested by the County or Township as a
condition of the approval of any land division application.
15.
The preservation of existing vegetation and in particular, mature trees, may be a
condition of approval of any land division application.
5.2.3 Consent Policies
1.
A maximum of two new lots (excluding the retained lot) shall be created from a
land holding as it existed on July 11, 1988, notwithstanding:
1.
Where a land holding is situated partly or wholly in the Settlement Area
designation, this maximum shall not apply, provided that such new lot is
situated wholly within the Settlement Area designation, and it has been
deemed that a plan of subdivision is not necessary for the orderly
development of the lands.
2.
Where a lot has a minimum of 1 kilometre of frontage on an opened and
maintained public road, a third new lot shall be permitted.
2.
Within lands designated as Agriculture, consents shall only be permitted in
accordance with the policies of the Agriculture section of this Plan and the creation
of new residential building lots shall not be permitted.
3.
Where consents are proposed for the purposes of creating new non-agricultural lots
in the Rural designation on lands possessing soils rated Classes 1 to 3 in the Canada
Land Inventory for Agricultural Capability, the approval authority shall encourage
such lots to be the minimum size required to accommodate the proposed use in
order to maintain the viability of the balance of the land holding for agricultural
use.
4.
Consents in the Rural designation should not have the effect of creating or
extending areas of strip development.
5.
Consents requiring direct access onto County roads shall be restricted. Wherever
possible, new lots shall obtain access from Township roads.
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6.
Lots created by consent shall front onto existing maintained public roads
Notwithstanding the foregoing, consents may be permitted under the following
circumstances:
1.
For waterfront residential lots on an infill basis on existing private roads,
subject to compliance with the policies of the Road Access, Development
Adjacent to Water Bodies, and Private Roads sections of this Plan;
2.
For lots to accommodate conservation uses only, as set out in the Crown
and Conservation Lands section of the Plan, provided that such lots have
frontage on an existing private road or an existing or proposed private right-
of-way registered on title.
7.
Within the County Road No. 29 Corridor Area, no consent shall be granted where
the proposed new lot would:
1.
Obtain public road access only from County Road No. 29;
2.
Be located within 500 metres of lands designated Settlement Area,
Commercial or Industrial/Business.
8.
A consent for the purpose of creating a lot on an island may be considered where
deeded parking and water access is provided on a lot on the mainland that is suitable
by virtue of its location, access and other relevant considerations.
9.
Except in the case of lands designated Settlement Area, Residential, Commercial
or Industrial/Business, a consent for creating a new lot shall generally have regard
for an average density policy measure which attempts to limit development in the
rural area to approximately four dwellings, structures or accesses (both existing and
potential) per side of the road per kilometre. Where required, as in the case of a
short road or cul-de-sac, a pro rata calculation shall be used. The calculation shall
be taken from the centre of the proposed lot to be created.
5.2.4 Subdivision Policies
1.
Development by Plan of Subdivision shall be permitted in the Settlement Area,
Residential, Commercial and Industrial/Business designations.
2.
Access to a proposed plan of subdivision shall be from a maintained public road,
built to an adequate standard to accommodate the additional traffic requirements.
Where, in the opinion of the Township or approval authority, such public road
access is not adequate, upgrading of the road shall be a condition for final approval
of the Plan of Subdivision.
3.
Access to individual lots in a plan of subdivision shall be by internal public roads,
built to Township standards. Where design considerations necessitate it, limited
direct lot access to an existing public road abutting the subdivision may be granted.
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4.
The road layout in a plan of subdivision shall avoid cul-de-sacs, where possible,
and provide opportunities for future road connections to abutting lands, where
requested by the Township.
5.
All plans of subdivision shall comply with the policies of the Storm Water
Management section of this Plan.
6.
Development by plan of subdivision shall meet the requirements set out in the
Ground Water Supply, Sewage Disposal and Other Services section of the Plan.
7.
The approval authority may apply lapsing provisions to any draft plan of
subdivision, pursuant to the provisions of the Planning Act.
8.
The approval authority may include provisions for the phasing of development
within a plan of subdivision to ensure that it proceeds in an orderly, cost-efficient
pattern.
9.
In reviewing parkland dedication requirements for plans of subdivision, preference
shall be given for parklands which provide connections to existing public parks,
trails, bikeways and other recreational facilities, as well as to water bodies, where
applicable.
10.
The policies of this subsection shall also apply to plans of condominium, as
appropriate.
5.3
DEEMING PLANS OF SUBDIVISION
Under the authority of the Planning Act, the Township may pass a deeming by-law which
has the effect of declaring part or all of a plan of subdivision not to be registered for
conveyance purposes, provided that the subdivision is a registered plan within the meaning
of the Planning Act and that it has been registered for a period of eight or more years.
5.4
SITE PLAN CONTROL
1.
Site Plan Control is a site design and approval process intended to be used in cases
where the type of development proposed or the characteristics of the particular site
require a more detailed level of attention to, and control over, the siting of buildings,
structures, facilities and other features than would be possible or practical through
the mechanism of a Zoning By-law.
2.
It is the intention of the Township to use Site Plan Control as a planning tool
complementary to the Zoning By-law to ensure that:
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1.
Proposed buildings and structures are well sited vis-à-vis adjacent land uses;
2.
Design details, such as accessory buildings and structures, lighting,
walkways, parking, loading, waste facilities, grading, drainage, landscaping
materials, fencing, etc., are adequate for the uses proposed, in terms of
functional, safety and aesthetic considerations;
3.
Where possible, shared driveway access and connectivity between sites is
achieved;
4.
Development occurs with minimal impact on natural and cultural heritage
resources, particularly where proposed in immediate proximity to water
bodies or on or adjacent to properties with cultural heritage significance;
5.
Detailed policies of this Plan can be properly implemented;
6.
Development is undertaken and maintained as approved by the Township;
7.
Development approvals incorporate risk management measures to protect
surface water and groundwater resources.
3.
The Township may control the design and details of development proposals through
the use of a Site Plan Control By-law. The entire Township of Elizabethtown-
Kitley shall be considered a Proposed Site Plan Control Area except that certain
types of development such as the following may be exempt from Site Plan Control:
1.
Agricultural uses;
2.
Public infrastructure uses including pipelines, telecommunications,
electricity generation facilities and transmission and distribution systems,
transportation corridors and facilities;
3.
Single-detached, semi-detached and duplex dwellings and buildings or
structures accessory thereto, in cases where no development or site
alteration is proposed adjacent to a water body or lands designated as
Natural Heritage - PSW, Natural Heritage or Natural Hazard;
4.
Minor additions or alterations to existing buildings and structures.
4.
In imposing Site Plan Control, the Township will seek to regulate the general site
layout of the property and, where appropriate, the massing and conceptual design
of all buildings and structures on the property. Site plan drawings shall be required
in all cases. Floor plan, elevation and cross-section drawings may be required for
any development, as determined by the Township.
5.
In processing Site Plan Control applications, the Township will consult with
various public bodies, including the relevant Conservation Authority, as
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appropriate. Without limiting the generality of the foregoing, the relevant
Conservation Authority shall be circulated all Site Plan Control applications for
waterfront properties.
6.
As a condition of the approval of a site plan, the County or Township may require
the dedication of land for public road widening purposes.
7.
The Township may enter into Site Plan Control agreements with the owners of
lands for which site plans have been approved and register such agreements on the
title of the lands to which they apply.
5.5
SITE PLANNING AND DESIGN GUIDELINES
A comprehensive Zoning By-law is a major tool in the implementation of an Official Plan
and sets many quantitative-type performance standards that are important in achieving the
Township's development objectives. It is also recognized that site planning and
architectural design are important and complementary components in a successful Official
Plan implementation strategy. It is primarily through meticulous attention to site planning
and architectural elements that qualitative matters related to development are addressed.
In recognition of the importance of good site planning and in order to ensure that Site Plan
Control applications adequately address the technical requirements and design objectives
of the Township, site plan application guidelines may be developed. These guidelines
would be used as a tool by both applicants and approval authorities for the preparation and
processing of applications, respectively. The guidelines would address various functional,
safety, aesthetic and other issues relevant to the appropriate development of various land
uses.
In addition to developing site plan guidelines, the Township may prepare architectural
design guidelines for specific areas of the Township such as core areas within Settlement
Areas or the Township's Industrial/Business Park. The Township would encourage the
use of the guidelines as a tool in developing lands and buildings in a contextually-sensitive
manner.
5.6
ZONING BY-LAWS AND HOLDING PROVISIONS
5.6.1 General
It is intended that a comprehensive Zoning By-law to implement this Plan shall be prepared
and adopted in accordance with the provisions of the Planning Act. Such by-law shall
contain land use zones in accordance with the policies contained within this Plan and will
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establish regulations to control the use of land and the character, location, and use of
buildings and structures. In accordance with the Planning Act, Council shall amend the
Zoning By-law no later than three years after any comprehensive update to this Plan that
comes into effect.
5.6.2 Holding Zones
It is not intended that all land use areas designated in this Plan will be zoned for such uses
immediately in the Zoning By-law. Areas may be zoned for their existing uses or in a
Holding category pursuant to Section 36 of the Planning Act, and in accordance with the
criteria which follow:
1.
It is the intention of Council to place certain lands within a Holding category in the
Zoning By-law when the principle of development has been established, in order
to:
1.
Delay the development of lands until any necessary municipal infrastructure
become available;
2.
Affect the phasing and/or proper design of large-scale residential,
commercial, or industrial development;
3.
Ensure that proper financial and other agreements are in place; and/or
4.
Delay development until such time as it is determined that identified
development constraints can be overcome to the satisfaction of Council.
2.
Lands which are subject to Holding provisions shall be identified in the Zoning By-
law by an "h" symbol, in conjunction with the appropriate zone symbol denoting
the eventual use of the land and shall be subject to the following policies:
1.
Lands which are shown to be in a Holding category shall generally be
restricted to existing uses;
2.
New development proposed on land zoned in a Holding category shall not
be permitted unless Council deems it appropriate to remove the Holding
symbol through an amending by-law.
3.
An application for removal of the Holding symbol shall be reviewed by Council in
consideration of the following:
1.
That the proposed use is in conformity with the requirements of the Zoning
By-law;
2.
That the required municipal infrastructure is available or will soon be
available;
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3.
That the financial and other requirements of the municipality have been
fulfilled;
4.
That the phasing and design of the proposed development is to Council's
satisfaction; and/or
5.
That any development constraints which have been identified can be
overcome to the satisfaction of Council.
5.6.3 Interim Control By-laws
Council may pass Interim Control By-laws to control the use of land, buildings or structures
within designated areas of the Township and in accordance with the provisions of Section
38 of the Planning Act in order to prevent or limit development until detailed planning
studies for the subject lands are completed and approved by Council. Any Interim Control
By-law approved by Council shall initially be in effect for a period of up to one year from
the date of passing of the by-law but may be extended for a maximum of one additional
year.
5.6.4 Temporary Use By-laws
Pursuant to Section 39 of the Planning Act, Council may authorize the temporary use of
land, buildings or structures for any purpose otherwise prohibited by the Zoning By-law.
The temporary use may be initially authorized for a period of time up to three years from
the date of the passing of the by-law, except in the case of garden suites which may be
authorized for up to twenty years. A Temporary Use By-law may be extended by by-law
for further periods of not more than three years each. Upon the expiry of a Temporary Use
By-law, the use authorized by the by-law shall cease, unless extended by by-law.
Where deemed appropriate by Council, a Temporary Use By-law may be adopted for a
purpose which does not conform to the Official Plan, provided that the long-term objectives
and policy direction of the Plan shall not be adversely affected by the by-law.
5.6.5 Conditional Zoning
Conditional Zoning is a tool that may be utilized to impose conditions on the use of lands
or the erection of buildings or structures. Conditional Zoning is intended to allow a more
flexible zoning process and provides the Township with the authority to secure conditions
in agreements that may be registered on title and enforced against both current and future
owners of the lands.
When regulations have been enacted by the Province to authorize the use of Conditional
Zoning By-laws in accordance with the Planning Act, the Township may, in a Zoning By-
law, permit the use of land or the erection, location or use of buildings or structures subject
to one or more prescribed conditions on the use, erection or location.
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Prior to the enactment of a Zoning By-law under the Conditional Zoning policies of this
Plan, the Township may require the owner to enter into one or more legal agreements to be
registered on title against the lands to which it applies, dealing with the said conditions and
matters related to implementation.
5.7
COMMITTEE OF ADJUSTMENT
A Committee of Adjustment has been appointed to consider applications for relief from
any Zoning By-law implementing this Plan. The Committee will be guided by Section 44
of the Planning Act, and by the rules of procedure and regulations issued from time to time
by the Minister of Municipal Affairs.
The Existing Land Uses section of this Plan sets out policies for dealing with applications
to change or enlarge non-conforming uses, as well as for minor variance applications where
existing or proposed uses conform to the Zoning By-law but are non-complying with
respect to zoning provisions such as building setbacks. The Committee will have regard
to the relevant non-conforming use and minor variance policies.
5.8
PLANNING APPLICATIONS - REQUIRED INFORMATION AND MATERIALS
1.
In addition to the information and materials required pursuant to the Planning Act
and associated O. Regs, and any other legislation, as amended, the Township may
require development proponents to provide additional information to accompany
applications as part of a complete application. Notwithstanding the generality,
additional studies and materials may be required for Official Plan amendment,
Zoning By-law amendment, Minor Variance, Site Plan Control, consent,
subdivision, and condominium applications.
2.
The number and scope of studies and assessments to be required for the submission
of a complete application shall be appropriate and in keeping with the scope and
complexity of the application.
3.
The additional information that may be required in support of an application
includes, but is not limited, to the following:
-
Aggregate Studies
-
Agricultural Soils Assessment
-
Archaeological Assessment
-
Boat Capacity Study
-
Contaminated Site Assessment / Environmental Site Assessment
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-
Cultural Heritage Assessment
-
Environmental Impact Assessment/Study
-
Environmental Site Assessment
-
Erosion and/or Sedimentation Plan
-
Floodplain Analysis
-
Geotechnical Report
-
Grading and Drainage Plan
-
Groundwater Impact Assessment
-
Heritage Impact Assessment
-
Hydrogeological Assessment
-
Lake Capacity Assessment
-
Landscaping Plan
-
Land Use Compatibility Assessment
-
Minimum Distance Separation (MDS) Calculations
-
Noise/Vibration/Blast Study
-
Parking Study
-
Planning Rationale
-
Record of Site Condition
-
Risk Reduction Plan
-
Servicing Options Report
-
Slope Stability Analysis
-
Species At Risk Assessment
-
Stormwater Management Plan
-
Surface Water Impact Assessment
-
Terrain Analysis
-
Traffic Impact Assessment
-
Tree Conservation and Protection Plan
-
Visual Impact Assessment
-
Other information or studies relevant to the development of lands impacted
by the proposed development approval application
4.
The Township may require any of the required studies to be peer-reviewed on
behalf of the Township, at the sole expense of the proponent.
5.
The Township encourages development proponents to consult with the Township
prior to submitting planning applications. Failure to do so may result in the
application being deemed incomplete in accordance with the Planning Act.
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5.9
PUBLIC PARTICIPATION AND PUBLIC NOTICE PROCEDURES
1.
Council shall make planning documents specified in the Planning Act such as the
Official Plan and Zoning By-law available to the public to foster a greater
awareness and knowledge of planning matters. Where amendments to these
documents are made, Council shall endeavour to ensure that up-to-date
consolidations of the amended documents are made available.
2.
Council shall, as a minimum, follow the requirements of the Planning Act as they
apply to public notification and participation in relation to such matters as Official
Plans, Community Improvement Plans, Zoning By-laws, amendments to the said
Plans and By-laws, Plans of Subdivision and Plans of Condominium.
3.
In order to facilitate public participation, Council will employ appropriate methods
at varying stages of the decision-making process such as, but not limited to,
delegations to Committees of Council, formal and informal public meetings, open
houses, workshops, displays, municipal-wide advertising, working committees,
task forces, consultation with community, ratepayer or business associations, and
posting affected properties with information signs.
5.10
PUBLIC WORKS AND CAPITAL WORKS PROGRAM
The implementation of the policies of this Plan which require the provision of municipal
facilities and services will involve the Township directly in the financing of such projects,
as resources permit. Project areas may include activities such as the development of park
and recreational facilities, the upgrading of roads, the improvement of intersections and the
enhancement of drainage facilities.
It is intended that Council, on the basis of the policies of this Plan dealing with municipal
facilities, will establish a priority list for the implementation of these projects with
estimates of cost (land acquisition, construction and maintenance costs wherever possible).
A five-year capital works program will then be developed which the Council should carry
out systematically.
It is intended that the program will be reviewed annually as part of the capital budget
procedure.
5.11
MAINTENANCE AND OCCUPANCY BY-LAW
1.
It is the policy of Council to encourage the maintenance of the Township as a
pleasant environment in which to live, work or visit. Continued maintenance of
property is essential to the welfare of the Township.
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2.
It is the intention of the Township to support the private efforts of property
maintenance and to eliminate any existing hazards to building occupants through
the introduction of by-laws specifying standards for all properties within the
Township for property maintenance and occupancy under Section 15.1 of the
Building Code Act and/or under the Municipal Act.
3.
Council will endeavour to support further property maintenance and safe
occupancy by:
1.
Utilizing available government programs, where applicable, to provide
financial and administrative support to individuals seeking to improve their
properties;
2.
Undertaking education and public relations programs as needed to
demonstrate the benefits of property maintenance;
3.
Maintaining municipally-owned buildings, properties and community
facilities, and providing or maintaining municipal services in good repair.
4.
Upon adopting a maintenance and occupancy by-law, Council will appoint a
Property Standards or Property Officer who will be responsible for administering
and enforcing the by-law.
5.
Council will also appoint a Property Standards or Property Committee for the
purpose of hearing appeals against an order of the Property Standards or Property
Officer.
6.
The by-law will be administered using a standard recording form for building or
property condition to provide a clear and equitable procedure for evaluating
building condition.
7.
The maintenance and occupancy by-law may prescribe standards for the following
matters and any others that may be considered necessary:
1.
The keeping of yards, vacant lands, parks, waterfront areas, laneways and
passageways, free from debris, rubbish, weeds, abandoned or derelict
vehicles, trailers, boats, barges, mechanical equipment or similar material;
2.
The adequacy of sanitation control, including garbage disposal, sewage and
drainage;
3.
The maintenance of parking and storage areas;
4.
The maintenance of all buildings and structures, including structural
standards of walls, floors, ceilings, foundations, insulation, electrical
systems, plumbing, heating, adequacy of protection from weather, natural
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lighting and ventilation, condition of chimneys, fire protection standards
and general cleanliness and upkeep;
5.
The maintenance of fences, swimming pools, accessory buildings and signs;
and
6.
The establishment of occupancy standards including pest prevention,
adequacy of food preparation facilities, access, ventilation, maximum
number of persons per dwelling unit, minimum floor spaces and room
heights.
7.
The maintenance of heritage attributes for properties designated under the
Ontario Heritage Act.
5.12
THE MUNICIPAL ACT
The Municipal Act provides significant opportunities for the Township in relation to
regulatory control over a range of matters and interests. These include various land uses,
signs, trees, site alteration, economic development and a wide range of other matters of
relevance to planning. Where necessary and desirable, the Township shall amend existing
By-laws or pass new By-laws as may be required to ensure such matters are properly
regulated and controlled.
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SECTION 6
INTERPRETATION
1.
It is intended that the boundaries of the land use classifications and development
constraints shown on Schedules A and B, respectively, be considered as
approximate and absolute only where bounded by roads, railways, rivers or streams
or other similar geographical barriers. It is recognized that the Schedules are
subject to the typical and inherent inaccuracies associated with rural base mapping
sources and digitized assessment parcel information. Accordingly, amendments to
the Official Plan will not be required in order to make minor adjustments to the
parcel fabric, physical features or approximate land use boundaries shown on the
Schedules, provided that such adjustments do not, in the Township's opinion,
compromise the intent of the Plan.
2.
Typographical, grammatical and formatting modifications to this Plan may be
undertaken without an Official Plan amendment, provided that such modifications
do not, in the opinion of the Township, affect the intent of the Plan.
3.
Private roads and unopened road allowances have been identified on the Schedules
for information purposes. In the event that a private road or unopened road
allowance has incorrectly been identified as a public or open public road, this shall
not signal an intention by the Township to change the status of the road, nor shall
any amendment to the Plan be required to make a correction.
4.
It is intended that all figures and quantities herein shall be considered as
approximate only and not absolute. Amendments to the Official Plan will not be
required for any reasonable variance from any of the proposed figures.
5.
Where any doubt exists with respect to the intended meaning of any word or phrase
used in this Plan, the 2014 Provincial Policy Statement shall be used as a guide to
interpretation.
6.
Where any Act or portion of an Act is referred to in this Plan, such references shall
be interpreted to refer to any subsequent renumbering of sections in the Act and/or
changes in the date of the Act.
7.
Any appendices attached to this Plan may be revised without an Official Plan
amendment.