Enniskillen Official Plan 2015 — Property Standards By-law Implementation Policy
Enniskillen, Ontario
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The
Corporation
of the
Township of
Enniskillen
Official
Plan
Prepared with the
assistance of:
The County of Lambton
Planning & Development
Services Department
August 2015
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
BACKGROUND
This Plan was adopted by the Township of Enniskillen Council on August 4, 2015, by By-Law
50 of 2015. The County of Lambton, as approval authority, approved this plan in part on
August 27, 2015 without modifications. A decision has been deferred with respect to portions
of Sections 2.5 and 2.11 c). This Plan is an update to the previous Official Plan adopted by By-
law 12 of 2005.
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
TABLE OF CONTENTS
i
Table of Contents
Part A
Introduction
1
Introduction .............................................................................................................. 1
Part B
Land Use Policies
2
Agricultural Area ..................................................................................................... 3
2.29 Restricted Agricultural Area ..................................................................... 14
2.30 Oil Heritage Conservation District Properties .......................................... 15
3
Rural Settlement Area ........................................................................................... 16
4
Urban Settlement Area .......................................................................................... 19
4.1
Residential ............................................................................................................. 20
4.2
Commercial ............................................................................................................ 28
4.3
Industrial ................................................................................................................ 31
4.4
Mixed Commercial / Industrial Area .................................................................... 33
4.5
Institutional Areas ................................................................................................. 34
4.6
Open Space Areas ................................................................................................. 34
5
Natural Heritage ..................................................................................................... 40
5.1
General Policies ...................................................................................... 40
5.2
Significant Natural Areas ......................................................................... 44
5.3
Natural Hazards ...................................................................................... 48
6
Resource Extractive .............................................................................................. 50
7
Rural Clusters ........................................................................................................ 52
Part C
Municipal Services & Utilities
8
Transportation ....................................................................................................... 54
8.1
Road System ........................................................................................... 54
8.2
Rail Facilities ........................................................................................... 58
8.3
Parking Facilities ..................................................................................... 58
8.4
Pedestrian And Bicycle Traffic ................................................................. 59
9
Public Uses And Utilities ...................................................................................... 60
9.1
General Policies ...................................................................................... 60
9.2
Restrictions On Public Uses .................................................................... 61
9.3
Oil And Gas Extraction ............................................................................ 61
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
TABLE OF CONTENTS
ii
9.4
Electricity Generation Facilities And Transmission And Distribution
Systems ................................................................................................... 62
9.5
Telecommunications ................................................................................ 62
10
Municipal Services, Stormwater Management And Sensitive Land Uses ....... 63
10.1 Sanitary Sewerage .................................................................................. 63
10.2 Water Service .......................................................................................... 65
10.3 Drinking Water Source Protection ........................................................... 65
10.4 Storm Water Management ...................................................................... 66
10.5 Land Use Compatibility ............................................................................ 68
10.6 Potentially Contaminated Sites ................................................................ 68
10.7 Waste Management Systems .................................................................. 69
10.8 Sewage Lagoons ..................................................................................... 70
10.9 Public Utilities .......................................................................................... 70
10.10 Abandoned Petroleum Wells ................................................................... 71
10.11 Unused Water Wells ................................................................................ 71
11
Alternative And Renewable Energy Generation Facilities ................................ 71
Part D
Community Development
12
Culture And Heritage............................................................................................. 74
12.4 Physical Cultural Heritage ....................................................................... 75
12.5 Oil Heritage Conservation District ........................................................... 76
13
Amenity And Design ............................................................................................. 76
14
Urban Design ......................................................................................................... 77
15
Energy Conservation ............................................................................................ 78
16
Community Improvement Policies ...................................................................... 78
17
Signs ....................................................................................................................... 84
18
Home Businesses ................................................................................................. 84
19
Local Economic Incubation .................................................................................. 85
20
Compatibility Criteria ............................................................................................ 87
21
Affordable Housing ............................................................................................... 88
Part E
Implementation
22
Official Plan Review And Amendments .............................................................. 90
23
Zoning By-Laws ..................................................................................................... 91
24
Existing, Non-Complying And Non-Conforming Uses ...................................... 94
25
Site Plan Control .................................................................................................... 96
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
TABLE OF CONTENTS
iii
26
Committee of Adjustment ..................................................................................... 98
27
Land Division ....................................................................................................... 100
28
Special Studies .................................................................................................... 105
29
Capital Works....................................................................................................... 108
30
Financial Restrictions ......................................................................................... 108
31
Interpretation ....................................................................................................... 108
Part A
Introduction
Section 1.1
Purpose of the Plan
Section 1.2
Effect of the Plan
Section 1.3
Basis of the Plan
Section 1.4
General Development Concept
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART A: INTRODUCTION
1
1
Introduction
1.1
Purpose of the Plan
The policies contained herein, together with any Land Use or other Schedule(s) and
any amendment(s), which are adopted and finalised pursuant to the Planning Act,
constitute the Official Plan for the Municipality.
The purpose of these policies is:
a)
to provide a planning policy framework for decision-making by the
Municipality and it's Committees, and other public bodies;
b)
to serve as a guide for the public and the business community regarding the
growth and development of the Municipality; and
c)
to provide a local context for the application of Provincial and County planning
policies.
The policies contained herein are established primarily to guide the physical
development of the Municipality while having regard to relevant social, economic
and environmental matters.
1.2
Effect of The Plan
After this Official Plan is adopted and finalized pursuant to the Planning Act, no
public work shall be undertaken and, except as provided for under the Planning Act,
no By-law shall be passed for any purpose that does not conform to the Plan.
1.3
Basis of the Plan
While it is recognized that both the Province of Ontario and the County of Lambton
have planning policies establishing the general planning policy context for growth
and development at a Provincial and County scale, more detailed policies are
necessary to reflect local circumstances, and long term goals and aspirations.
1.4
General Development Concept
The general development concept upon which this Plan is based is one that
recognizes the historic land use patterns and development trends and builds upon
these to promote efficient, cost-effective development and land use patterns which
stimulate economic growth and protect the natural environment and public health.
Part B
Land Use Policies
Section 2
Agricultural Area
Section 3
Rural Settlement Area
Section 4
Urban Settlement Area
Section 4.1
Residential
Section 4.2
Commercial
Section 4.3
Industrial
Section 4.5
Mixed Commercial/Industrial
Section 4.6
Open Space
Section 4.7
Institutional
Section 5
Natural Heritage
Section 6
Resource Extraction
Section 7
Rural Clusters
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
3
2
Agricultural Area
main permitted uses
2.1
In the Agricultural Area the main permitted uses of land are agricultural uses of all
types, sizes, and intensities.
2.2
Agricultural uses include the growing of crops, including nursery, biomass, and
horticultural crops; raising of livestock; raising of other animals for food, fur or fibre,
including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup
production; and associated on-farm buildings and structures, including, but not
limited to livestock facilities, manure storages, value-retaining facilities,
accommodation for full-time farm labour when the size and nature of the operation
requires additional employment, and accessory farm dwellings.
other permitted uses
2.3
Other uses permitted will include:
a)
On-farm diversified uses and home occupations that are secondary to the
principal agricultural or residential use of the property and are limited in area,
including, but not limited to, home occupations, home industries, bed and
breakfast establishments, agri-tourism uses, and uses that produce value-
added agricultural products from the farm operation on the property;
b)
Agriculture-related uses, meaning 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;
c)
Existing golf courses;
d)
Existing cemeteries and crematoria;
e)
Fish and game farms;
f)
Forestry;
g)
Petroleum resources exploration and extraction facilities;
h)
Conservation uses; and
i)
Limited residential uses.
agricultural uses
2.4
Agricultural uses will be given the highest priority in the Agricultural Area. Non-
agricultural uses will generally be discouraged in the Agricultural Area and will be
directed to appropriate settlement areas to preserve agricultural land and to avoid
conflicts between farm and non-farm land uses.
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
4
lot size
2.5
The minimum lot size for agricultural uses will generally be 40 hectares [a decision
with respect to the 20 hectare figure adopted by Township Council has been
deferred by the Approval Authority pursuant to Section 17 (34) (b) of the Planning
Act, and the 40 hectare figure of the former Official Plan remains in effect in the
interim] in order to discourage the unwarranted fragmentation of farmland. This is
not intended to prevent the creation of a limited number of smaller farm parcels
required for the type of agriculture proposed, such as specialty crop production.
Leasing of land should also be considered as an alternative to creating small farm
parcels. This Plan supports the provision of agricultural land parcels of sufficient
size for long term agricultural use recognizing the need to maintain maximum
flexibility for farm operators to engage in differing types and sizes of agricultural
operation.
2.6
Existing parcels of insufficient size for agricultural use will be encouraged to
amalgamate with adjoining farmlands where possible.
right to farm concept
2.7
In the Agricultural Area agriculture is the primary long-term land use. Other uses,
particularly non-farm residential, are attracted to the Agricultural area by lower land
prices, and by the image of quiet, peaceful open space. Normal farm practices
create odours; noise and dust associated with livestock, and heavy machinery, and
involve early morning and late evening activities especially during planting and
harvesting periods.
2.8
The main purpose of the Agricultural Area is to provide a secure land base for
agricultural activities. The Municipality supports the 'Right-to-Farm' concept, and
when applying the policies of this Plan, agricultural uses will be given priority over all
others in the Agricultural Area.
minimum distance separation OPA No. 1
2.9
New land uses, including the creation of lots, and new or expanding livestock
facilities will comply with the Minimum Distance Separation (MDS) formulae. The
MDS formulae are developed by the Province to separate livestock facilities and
other land uses so as to reduce incompatibility concerns about livestock facilities.
The MDS I formula provides minimum distance separation for new development
from existing livestock facilities. The MDS II formula provides minimum distance
separation for new or expanding livestock facilities from existing or approved
development. Notwithstanding anything to the contrary, when implementing this
section:
a)
The MDS I formula will be applied to development on existing lots of record.
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
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b)
New residential lots containing a surplus farm dwelling must comply with MDS
I setbacks to all livestock facilities including those already on a separate lot
from the dwelling.
c)
MDS requirements should generally not be reduced except where the
reduction is minor in impact; desirable for the appropriate development or use
of the land, building, or structure; and maintains the general intent and
purpose of the MDS provisions of the Zoning By-law and Official Plan.
Circumstances that mitigate environmental or public health and safety
impacts or avoid natural or human-made hazards may be taken into
consideration. Direction of prevailing winds; surrounding topography; trees,
berms, or other screening; and similar elements may also be taken into
consideration in applications to reduce MDS. Variances to MDS I may also
take into consideration actual capacity in comparison to "potential nutrient
units". It is not the intention of this Plan that such further reductions of MDS II
will be granted in the following situations:
i)
when the reduction is not necessary for maintaining the integrity and
economic viability of the farming operation; or
ii)
when a previous reduction has been granted for the same farming
operation.
agricultural practices
2.10
The Municipality will encourage landowners to employ farm management practices
that are sensitive to the natural environment, including the following:
a)
cultivation methods aimed at minimizing erosion, such as 'no-till' cultivation;
b)
re-establishment of natural features;
c)
planting of stabilizing vegetation on creek flats and slopes to minimize erosion
and run-off;
d)
proper construction of drainage tile outlets to minimize erosion along
watercourses;
e)
restricting livestock access to watercourses;
f)
appropriate application of fertilizers and herbicides to minimize chemical run-
off;
g)
proper storage, handling and disposal of hazardous and non-hazardous
pollutants;
h)
maintaining a buffer strip along watercourses, ditches and open drains; and
i)
farm Nutrient Management Plans/ Strategies.
new farm lots
2.11
The creation of new farm lots will be permitted where:
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
6
a)
the severed and retained lots are of sufficient size for agricultural use,
including adequate land for manure utilization from livestock on the property;
b)
the severed and retained lots are of a nature and size, and have soil and
drainage characteristics that are suitable to support an efficient farm unit and
to provide meaningful on-site farm employment; and
c)
the size of the severed and retained lots conforms to the requirements of the
Zoning By-law, except that:
i)
despite the lot area requirement of Section 2.5 above, land may be
severed from a farm parcel for lot addition purposes provided that the
retained lot is a minimum of 40 hectares [a decision with respect to the
20 hectare figure adopted by Township Council has been deferred by
the Approval Authority pursuant to Section 17 (34) (b) of the Planning
Act, and the 40 hectare figure of the former Official Plan remains in
effect in the interim] and the severed land is added to an abutting
agricultural land holding; and
ii)
land can be severed for agricultural purposes from a non-agricultural
lot provided that the severed land is added to an abutting agricultural
lot. The retained non-agricultural lot must meet the minimum lot size
required for water supply and sewage disposal.
on-farm diversified uses and home occupations
2.12
On-farm diversified uses and home occupations will be encouraged as a means of
contributing to the economy of the Agricultural Area and promoting
entrepreneurship, innovation, and business incubation. Such uses will be subject to
the policies of this Plan applicable to home occupations and the following policies:
a)
the use must be clearly secondary to the principle agricultural or residential
use of the lot;
b)
the uses may include home occupations, home industries, bed and breakfast,
agri-tourism uses, and uses that produce value-added agricultural products
from the farm operation on the property (value added businesses);
c)
any buildings or structures associated with such uses should be of a design
and style that will allow for ease of conversion to an agricultural use if the
secondary use should cease;
d)
the use must be compatible with and not hinder surrounding agricultural
operations;
e)
in agricultural areas, greater separations and the ability to provide buffers
generally exist and certain home occupations that would not be appropriate in
residential areas may be permitted;
f)
uses that have more substantial objectionable features may be restricted where
adequate separation and/or buffering requirements cannot be met from
sensitive uses;
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
7
g)
uses that have highly objectionable features by reason of noise, smoke, dust,
fumes or other emissions, hours of operation, outdoor activities, or storage of
equipment or materials or uses that have potential to lead to serious site
contamination will not be permitted as home industries;
h)
appropriate development standards must be contained in the Zoning By-law
regarding the maximum floor area for such uses, signage, access, parking,
outside storage, etc.;
i)
as a minimum, site plan approval and site plan agreements will be required
where the general public may be permitted on site; and
j)
the severance of on-farm-diversified and other secondary uses from the farm
lot will not be permitted.
value added businesses
2.13
Value added businesses will be encouraged in agricultural areas as a means of
diversifying farm income and employment opportunities and increasing the value of
produce leaving the farm. The policies applicable to other home occupations shall
apply subject to the following:
a)
the business must be based primarily on the processing and/or marketing of
commodities or by-products produced by the farming operation itself;
b)
retail sale of products produced on site shall be permitted;
c)
the business may be larger in scale than other home or secondary industries
in terms of employees, floor area and intensity of activities. Limits shall be
outlined in the Zoning By-law;
d)
the business may be visible as a separate component of the agricultural
operation and a greater degree of nuisance features will be tolerated than
with home occupations or secondary uses that are not directly tied to
agricultural use;
e)
such uses are encouraged to work in collaboration with other local
businesses and organizations to develop a common cultural identity for the
community and to focus on aspects that are unique to and promote the local
area - such as unique local foods;
f)
a zoning amendment to permit an established value added business to
expand beyond the size limits in the zoning by-law or diversify its activities
may be permitted, but severance of a value added business from the
agricultural parcel is prohibited; and
g)
Council may require a site plan agreement as a condition of a building permit.
agri-tourism
2.14
Agri-tourism uses, meaning farm-related tourism and commercial uses associated
with and sited on a functioning farm operation or value-added business, are
permitted subject to the following policies:
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
8
a)
the development of agri-tourism uses must not unduly impact agricultural
uses;
b)
such uses shall be primarily rooted in activities promoting education in and/or
enjoyment of farm operation, rural culture and economy, food and crop
production, livestock, and/or agricultural history;
c)
secondary activities may include recreational activities, promotion and
education in local history, or passive enjoyment and education in natural
heritage;
d)
limited temporary lodgings such as bed and breakfasts may be offered;
e)
the zoning by-law shall set out appropriate parameters and definitions of agri-
tourism uses that are permitted as of right. Uses that exceed the zoning
parameters may be permitted on a case by case basis through a site-specific
zoning amendment or minor variance; and
f)
the policies applicable to home occupations and value-added businesses
shall apply with appropriate modifications.
agriculture related uses
2.15.1
Agriculture-related uses shall be permitted as an accessory agricultural use where:
a)
the use is operated by and clearly secondary to a farm operation, and the
product or service offered to the farm operations in the area is required by the
farm operation itself because of the nature of the agricultural uses conducted
with that farm operation;
b)
the use will be compatible with and not hinder surrounding agricultural
operations;
c)
a minimum of land is taken out of agricultural production; and
d)
the severance of such uses is prohibited.
2.15.2
Additional agriculture-related uses, whether or not operated as part of a farm
operation, shall be permitted in the Agricultural Area. Examples of such uses
include, but are not limited to, grain dryers, feed mills, grain and seed storage
facilities, agricultural products and produce processing facilities, bulk farm supply
dealers, farm machinery sales and service, and livestock assembly points. Such
uses shall be permitted where:
a)
A Zoning amendment is obtained to change the designation to a commercial,
industrial, or appropriate site-specific zone;
b)
the use is essential to the agricultural economy and provides as a primary
activity, almost exclusively to local agricultural operations, direct products
and/or services that are largely unique to agricultural use;
c)
the use would not be more appropriate in or adjacent to a settlement, an
existing commercial or industrial designation, a rural cluster, or an area with
partial or full services;
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
9
d)
the use is limited in area and a minimum of land is removed from agricultural
crop production;
e)
the use does not negatively affect natural heritage features or systems;
f)
the use is located in conformity with the Minimum Distance Separation
formulae, respects the area's agricultural character, and is compatible with
and does not hinder surrounding agriculture operations;
g)
the use will be compatible with and provides appropriate separations from
existing residential and other sensitive development in the area in compliance
with the Land Use Compatibility requirements in Part C of this Plan;
h)
the requirements of the Province, the County, and the Municipality (or its
designated agent) regarding water supply and sewage disposal can be met;
and
i)
the use is located on a road capable of accommodating the traffic generated,
with arterial and collector roads being the preferred location for such uses;
2.15.3
Site plan approval and site plan agreements may be required for agriculture-related
uses.
2.15.4
Severance of agriculture-related uses described under Section 2.15.2 will be
discouraged, but may be considered on a case by case basis having consideration
for the viability of the use, subsequent uses of the proposed parcel, and the size and
viability of the balance of the farm parcel.
recreational and open space uses
2.16
Limited recreational and open space uses may be permitted in the Agricultural Area
where:
a)
the lands are appropriately designated in this Plan and zoned for the
proposed use in the Zoning By-law;
b)
the land does not comprise a specialty crop area;
c)
there is an identified need or demand for additional land to be designated to
accommodate the proposed use;
d)
alternative sites have been evaluated and there are no reasonable alternative
locations which avoid prime agricultural areas, and there are no reasonable
alternative locations in prime agricultural areas with lower priority agricultural
lands;
e)
the proposed use is located in compliance with the minimum distance
separation formulae; and
f)
the use will have a minimal negative impact on agricultural operations and no
negative impact (as defined in Section 5.1.13) on natural heritage features or
their ecological functions.
residential uses
2.17
Residential uses permitted are as follows:
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
10
a)
New single detached dwellings accessory to agriculture, provided the
maximum number of dwellings permitted per agricultural lot is two, and where
a second dwelling is to be added on a lot:
i) both dwellings must be occupied by persons employed by the farm
operation;
ii) the new dwelling must be grouped with the existing dwelling and farm
buildings; and
iii) neither of the dwellings may be severed from the farm as a residential lot;
b)
Existing single-detached non-farm dwellings;
c)
New single-detached non-farm dwellings, constructed on vacant lots existing
on the date of adoption of this Plan, and held in distinct and separate
ownership from abutting lands, subject to the following conditions:
i)
the lot is suitable for residential construction;
ii)
the lot meets the requirements of the Province, the County, and the
Municipality regarding water supply and sewage disposal;
iii)
the lot is located in conformity with the Minimum Distance Separation
formulae and does not adversely impact surrounding agriculture
activities;
iv)
direct access is available from an improved year round public road and
the access does not result in traffic hazards due to poor sight lines or
proximity to an intersection; and
v)
where access is available to a public road across an abandoned
railway line it shall be accepted as access to an improved public road;
and
OPA No. 2 d)
In accordance with Provincial policy, no new rural residential lots shall be
permitted with the exception that a severance to create a new non-farm lot
may be permitted to dispose of a surplus farm residence provided Council is
satisfied that the lot to be created and the proposed retained farm lot comply
with the following policies:
i)
the surplus farm residence is an existing habitable farm residence that
is rendered surplus as a result of farm consolidation, meaning the
acquisition of additional farm parcels to be operated as one farm
operation;
ii)
the retained farm parcel (those portions where the zone designation
permits a dwelling) is rezoned to prohibit the construction of a dwelling;
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
11
iii)
the proposed non-farm single-detached dwelling lot meets the
requirements of the Province, the County, and the Municipality
regarding water supply and sewage disposal;
iv)
the retained farm parcel shall generally be a minimum of 38 Ha; and
the severed lot size shall not generally exceed 0.8 hectares, unless
necessitated by current or future private septic disposal needs;
v)
the proposed non-farm single-detached dwelling is located in
compliance with the Minimum Distance Separation formulae including
with respect to livestock facilities on a separate lot;
vi)
the residential lot does not include any existing livestock buildings.
The approval of the severance may be conditional on existing livestock
facilities being removed or decommissioned from livestock use to
storage use to the satisfaction of the municipality, including the
removal of pens and feed and watering systems and equipment;
vii)
a severance shall not be permitted from a lot smaller than 20.2
hectares (less any road widening), from lots with few workable
contiguous acres, or where the retained parcel is of a nature likely to
be acquired for non-farm purposes;
viii)
no surplus dwelling shall be severed if has been constructed less than
20 years prior to the date of the application for severance;
ix)
neither farm residence may be severed if a second farm dwelling has
been erected on the farm parcel subsequent to the adoption of this
Plan, pursuant to subsection 2.17 a); and
x)
the proposed non-farm single-detached dwelling lot has direct access
to an improved year round public road and the access does not result
in traffic hazards due to poor sight lines or proximity to an intersection.
2.17.1
Provided all other criteria and conditions applicable to the creation of a residential lot
in the Agricultural Area are met, Section 2.17 d) iii) above, which limits the number of
residential lots permitted to be severed from an original farm lot as it existed on
January 1, 1971, shall not apply on the West Half of Lot 10, Concession 14 with
respect to the severance of a residential lot containing an existing dwelling
(municipal address 3911 Churchill Line).
2.17.2
Permitted residential uses may include accessory uses, including home occupations
and bed and breakfast establishments and home industries. All accessory uses
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
12
including home occupations, home industries and bed and breakfast establishments
must be clearly secondary to the residential use of the lot. Adequate water supply
and sewage disposal must be provided for such uses and appropriate development
standards must be contained in the Zoning By-law regarding the maximum floor
areas, signage, parking, outside storage, etc.
non-farm lot size
2.18
All new non-farm lots will be limited in size so that a minimum of land is taken out of
agriculture uses, and will be located on the least productive land where possible.
The lot size and shape will be consistent with expected current and future needs
with respect to water supply and sewage disposal.
agricultural industry and rural character
2.19
The maintenance of the agricultural industry in the Agricultural Area and the
preservation of the rural characteristics of the area will be encouraged.
transportation and utility corridors
2.20
Where a new transportation or utility corridor crosses a farm operation, the
transportation authority or utility will be encouraged to select a route which causes
the least disruption to farm operations and productivity where such routing is
practical and environmentally acceptable. One option to be considered is the routing
of such facilities along the edge of the farm. Wherever 'easements' are used to
accommodate new utility corridors, the utility provider should be responsible for any
environmental liabilities or site-clean-up requirements.
woodlots
2.21
It is the policy of the Municipality that development in wooded parts of the
Agricultural Area, including all major woodlots, be discouraged. An addition to an
existing dwelling and the construction of buildings accessory to an existing dwelling
shall be permitted within significant woodlands provided the significant woodland is
not identified on Schedule "A" as an ANSI or as containing a significant wetland, and
provided such addition or construction does not occur outside of the area that is
cleared and has been continuously maintained as the dwelling's yard since the day
the implementing Zoning By-law was passed. Any other development, including the
construction of a new dwelling, will be subject to compliance with the Natural
Heritage policies in Section 5 as well as the Agricultural Area policies. Land
severances for non-farm related uses and amendments to the Zoning By-law to
permit non-farm uses would generally not be allowed.
2.22
This Plan recognizes the importance of trees to agriculture due to their wind
protection and moisture holding capabilities. Existing woodlots will be protected in
accordance with the Lambton County Woodlands Conservation By-law or successor
that regulates the cutting of certain trees and woodlots.
TOWNSHIP OF ENNISKILLEN OFFICIAL PLAN
PART B: LAND USE POLICIES
13
2.23
This Plan encourages reforestation and conservation of woodlots.
petroleum related facilities
2.24
The development and use of buildings and structures required to house pumping
equipment and storage facilities for pumped material, related to the petroleum
industry, awaiting shipment to other locations for storage, refining or processing may
be permitted. Compressor and regulator stations associated with natural gas
pipelines and underground natural gas storage will also be permitted.
2.24.1
Additional buildings or structures, or the placing of machinery used to refine, blend,
or otherwise process petrochemicals is not permitted. New development will not
normally be permitted within 75 metres of active petroleum resource operations.
2.24.2
Consents may be granted for the purposes of long-term lease agreements for
petroleum works. Consents however, will not be granted that result in the creation of
additional separate and distinct lots.
general agricultural area consent policies
2.25
Land severances in the Agricultural Area may be permitted for the following:
a)
to create rights-of-way;
b)
to enlarge lots;
c)
to consolidate farm holdings;
d)
to allow minor lot line adjustments; or
e)
for infrastructure.
greenhouses and nurseries
2.26.1
Greenhouses and Nurseries shall be permitted in the Agricultural Area. This shall
include wholesale and retail sale of plants, trees or shrubs, the majority of which are
grown on site. Permitted accessory uses may include landscaping services, staff
offices, washrooms and lunch rooms and lodgings for migrant foreign labour that
works on site. The sale of some accessory items, services and materials related to
landscaping and gardening and plant materials not grown on site is expected.
Additional accessory uses could be considered by amendment to the Zoning By-law
including limited sale of food and beverages and the offering of meeting rooms or
passive recreational programs or activities.
2.26.2
Nurseries shall be subject to compliance with the Minimum Distance Separation
Formulae for "Type A Land Uses".
2.26.3
Greenhouses and nurseries shall be subject to site plan control. Site conditions must
permit sufficient customer parking and room for expansion. Alternatively, the site plan
may prohibit any retail component and/or access to the site by the general public.
Storm water collection and reuse shall be addressed.
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2.26.4
Lot additions to permit the expansion of a greenhouse or nursery will only be
permitted for well-established operations. Land rental, until viability is established, will
be encouraged as an alternative.
rural population
2.27.1
The Municipality will promote initiatives to counteract declines in rural population,
especially the number of farm families. Supportable methods include, but are not
limited to the promotion of:
a)
forms of agriculture that require fewer acres per farm operation;
b)
forms of agriculture that have potential to support multiple families/employees
on a relatively small number of acres;
c)
identification and exploitation of non-traditional, non-local, and niche markets;
d)
a sustainable food system as described in Part C, Section 19.6;
e)
on-farm and local processing of agricultural products;
f)
agri-tourism; and
g)
on-farm economic diversification.
2.27.2
Within the Agricultural Area however, the Municipality will not support practices that
are not sustainable in the long-term or may result in limitations on agricultural
practices. For example, the Municipality will be careful when permitting non-farm or
secondary uses to limit the establishment of potentially conflicting lands uses and the
fragmentation of agricultural parcels.
definitions
2.28
The Township does not have any "rural lands" as defined by provincial policy.
Therefore, in this Plan "agricultural area" is most often used. Where the term "rural" or
"rural area" is used, it is referring to the agricultural area, any associated natural area
designations, and in certain contexts is also referring to the communities and non-farm
uses interspersed throughout the agricultural area. In that context, the entire
municipality may be characterized as a rural area.
2.29
Restricted Agricultural Area
The policies applicable to the Agricultural Area shall apply equally to areas
designated on the Official Plan Schedules as Restricted Agricultural Area with the
following exception. The Restricted Agricultural Area is intended to provide a buffer
to Residential Areas, recognizing that the establishment of new livestock facilities
would not be appropriate in these portions of the Municipality of scattered residential
uses, where livestock facilities are more likely to generate land use conflicts. New
livestock facilities will be prohibited within the Restricted Agricultural Area and
encouraged to instead locate in the standard Agricultural Area designation. Existing
livestock facilities shall be recognized as a permitted use, but their expansion shall
be prohibited.
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2.30
Oil Heritage Conservation District Properties
As well as the policies contained within this Plan, properties so-shown within
Schedule "A" of the Enniskillen Township Official Plan shall be subject to the policies
of the Oil Heritage Conservation District Plan, as amended from time to time.
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3
Rural Settlement Area
3.1
General Policies
permitted uses
3.1.1
The permitted uses in the Rural Settlement Area of Marthaville include uses
normally found in a small community such as residential uses, uses which support
agriculture, open space uses, a limited number of commercial, institutional, and
public facilities, and agriculture exclusive of livestock operations. These uses may
be permitted subject to the relevant location and development policies included in
the following sections of this Plan.
3.1.2
Development in the Rural Settlement Area of Marthaville will occur within the limits
of the Marthaville Policy Area as identified on Part 1 to Schedule "A". Development
may occur on partial services provided such development can be accommodated by
individual sewage disposal systems approved by the County of Lambton or the
Ministry of Environment and Climate Change. Permitted uses include residential
uses, uses which support agriculture, and a limited number of commercial uses and
public facilities.
development policies
3.1.3
In addition to the other relevant polices of this Plan, the following policies will apply
to Rural Settlement Areas:
a)
Non-farm development will be permitted to locate in Rural Settlement Areas
to protect agricultural lands from such development;
b)
All new development will have the effect of infilling the existing built-up areas
or be contiguous to them. Except in the case where it may be necessary to
provide a separation distance between incompatible uses, any new
development should not be isolated from the built-up area or unduly extend it.
In addition, new development should not have the effect of creating or adding
to strip development;
c)
All new development will be compatible with existing and future surrounding
development and the development of non-compatible uses will be
discouraged. Incompatible land uses will be separated by increased setbacks
or, where appropriate, buffering measures;
d)
Existing and future development will be adequately serviced and additional
development will only be permitted where adequate services can be provided;
e)
It is the policy of this Plan that new development will only be permitted where
adequate water supply and sewage disposal services can be provided;
f)
Controlled development will be encouraged so that the Municipality is
protected from an undue burden of servicing costs and the encroachment of
urban uses on agricultural land is minimized;
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g)
Existing and future development will be adequately serviced and additional
development will only be permitted where adequate services can be provided;
and
h)
The maintenance and improvement of the existing housing stock will be
encouraged.
3.2
Residential Development
The following policies shall apply to the Marthaville Residential designation. The
general Residential designation policies in Part B Section 4.1 shall also apply to the
extent that they do not conflict with the specific Marthaville Residential policies.
residential uses
3.2.1
Permitted residential uses within the Marthaville Residential Area may include
single-detached dwellings, semi-detached dwellings, and duplex dwellings.
Professional offices, home occupations, and bed and breakfast establishments may
also be permitted in accordance with the policies of Section 4.1 of Part B of this
Plan. Special residential uses may be permitted through amendment to the Zoning
By-law.
development policies
3.2.2
Residential development through plan of subdivision or land severance may be
permitted in accordance with the policies of this Plan.
3.2.3
The implementing Zoning By-law may permit single-detached, semi-detached, and
duplex dwellings in the same zoning category. Semi-detached and duplex dwellings
may only be permitted on lots with sufficient lot area as specified in the Zoning By-
law.
3.2.4
Development in the Rural Settlement Area of Marthaville (Marthaville Residential)
may be permitted provided that the use can be adequately serviced through the
provision of an individual sewage disposal system and municipal piped water supply
system approved by the Ministry of Environment and Climate Change or its
designated agent (refer to Part C, Sections 10.1.6, 10.1.7, and 10.1.8 for further
details).
3.2.5
Notwithstanding Part E, Section 27.1.2 j), development in the Rural Settlement Area
of Marthaville (Marthaville Residential) will only take place on existing or new lots,
which have frontage on an existing road. Development by plan of subdivision or
multiple consents requiring new roadways will not be permitted unless a
comprehensive servicing plan is prepared in compliance with Ministry of
Environment and Climate Change guidelines.
3.2.6
Extensions of the Marthaville Residential Area shall occur within the bounds of the
Rural Settlement Area and shall infill between existing residential lots or share a lot
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line with an existing lot (lots separated by a road allowance shall not be deemed to
share a lot line).
3.2.7
Greater leniency shall generally be given with respect to accessory building size
restrictions in the Zoning By-law for the Marthaville Residential Area as compared to
the residential areas of Oil City.
3.3
Commercial Development
commercial uses
3.3.1
Permitted commercial uses may include general and highway commercial uses.
General commercial uses may include retail stores, banks, offices, and similar uses.
Highway commercial uses may include automotive sales and service
establishments, gasoline sales outlets, farm implement sales and service and
lumberyards. Highway commercial uses depend on vehicular access and require
large lots for off-street parking and open storage. Highway commercial uses are not
intended to compete with general commercial uses.
location
3.3.2
General commercial uses should be centrally located in the Rural Settlement Area.
3.3.3
General commercial uses should be oriented to pedestrian traffic rather than to
automobile traffic. In this regard, general commercial development should be in a
compact form consisting of storefronts adjacent to the sidewalk.
3.3.4
Highway commercial uses may be located on the periphery of Rural Settlement
Areas but shall not be unduly isolated from it.
site plan control
3.3.5
New development will require site plan approval pursuant to the Site Plan Control
provisions of this Plan. The site plan agreement may, among other things, ensure
that adequate buffering is provided where a commercial use may adversely affect an
adjacent land use.
access
3.3.6
Access to a commercial site will be limited in number and designed in a manner that
will minimize the danger to vehicular and pedestrian traffic. Continuous open access
to the road will be discouraged.
zoning
3.3.7
General commercial and highway commercial uses will be placed in separate zoning
categories in the implementing Zoning By-law.
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3.4
Institutional
institutional uses
3.4.1
Institutional uses will include any recognized public, non-profit or charitable
organization, churches, nursing homes, libraries, municipal buildings and offices and
cemeteries. Certain uses operated for profit such as nursing homes or day
nurseries may also be considered as institutional uses provided Council is satisfied
that the use is compatible with surrounding uses.
access
3.4.2
The institutional use should have access to a public road capable of accommodating
any increase in traffic flow that may result.
site plan control
3.4.3
New development will require Site Plan approval pursuant to the Site Plan Control
provisions of this Plan. The site plan agreement may, among other things, ensure
that adequate buffering is provided where an institutional use adjoins a residential
use.
zoning
3.4.4
The implementing Zoning By-law may zone institutional uses in a separate zoning
category or they may be permitted in residential zones. The Zoning By-law will also
contain regulations for parking and access.
3.5
Open Space
open space uses
3.5.1
Open Space uses may include parks and playgrounds, golf courses, conservation
areas and nature preserves, storm water management facilities, community centres
and similar community or neighbourhood facilities.
development policies
3.5.2
The implementing Zoning By-law may zone open space uses in a separate zoning
category and open space uses will be subject to the Major Open Space Area
policies of this Plan.
4
Urban Settlement Area
The Urban Settlement Area within the Municipality is Oil City. Residential,
commercial, industrial, mixed commercial/industrial, institutional, and open space
uses shall be permitted within the Urban Settlement Area, subject to the land use
policies contained in Part B to this Plan.
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20
4.1
Residential
The policies of this section are intended to apply to lands designated in a Residential
category and more generally to residential uses located outside the Residential
designation. This section shall also apply to lands designated Marthaville
Residential, however the more specific Marthaville Residential policies shall take
precedence in case of conflict.
4.1.1
Permitted Uses
4.1.1.1
The primary uses permitted in Residential Areas will be for residential dwelling units.
Various types of dwellings will be included, with preference being given to the
locating of similar densities of development together.
4.1.1.2
Varieties of residential dwelling types will not be mixed indiscriminately, but will be
arranged in a gradation so that higher density developments will complement those
of lower density, with sufficient spacing to maintain privacy, and amenity.
4.1.1.3
The primary residential uses permitted within Residential Areas are low density
housing types, not exceeding 20 units per hectare (8 units per residential acre),
including single and semi-detached dwellings.
4.1.1.4
Land uses compatible with dwellings and serving the needs of the local residents will
be permitted including, but not limited to:
a)
Public and institutional uses such as elementary and secondary schools,
libraries, municipal buildings, places of religious worship and day-care
centres;
b)
Neighbourhood parks and recreation uses;
c)
Professional Offices, Home Occupations, and Bed & Breakfast
Establishments that constitute subordinate uses within dwellings; and
d)
Special residential uses such as group homes and senior citizens'
accommodation.
4.1.1.5
Complementary to the range of housing accommodation, the Municipality will seek
to ensure access to a range of services/amenities that are beneficial and/or
necessary to the residents.
4.1.2
Policies
4.1.2.1
Within Residential Areas the Municipality will encourage:
a)
Areas of new development to take the form of extensions to the existing built-
up area;
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b)
Development that minimizes the costs required to extend existing services
and the costs of creating new services;
c)
Residential intensification in areas of existing development that have
sufficient servicing capacity. Techniques may include permitting second units
in existing detached dwellings, encouraging the creation of infilling lots,
converting existing buildings for residential use, redeveloping sites not
previously used for residential purposes, and encouraging higher densities in
new development;
d)
Relocation of existing incompatible uses out of residential areas and
redevelopment of obsolete land uses;
e)
Development to proceed in such a manner so as not to impose a financial
burden on the Municipality or municipal taxpayers; and
f)
Compliance with the Amenity and Design policies of this Plan.
4.1.2.2
Expansion of the residential component of the Municipality will be considered where
water and sewer services, roads and required community facilities can be provided
economically and only where required to accommodate future population growth.
4.1.2.3
Infilling in residential areas will be undertaken by means of planned subdivision
development, or where a plan of subdivision is not required, by severance of lands
to make the most efficient use of municipal services. Redevelopment of lands to
create higher residential densities or to remove existing obsolete uses will be
encouraged if such redevelopment is compatible with the existing physical character
and pattern of surrounding development.
4.1.2.4
Housing for senior citizens should be located in proximity to community services and
facilities.
4.1.2.5
In existing residential areas, an increase in residential density may be considered
where the scale and physical character of new or renovated residential dwelling
units are compatible with the surrounding area and where municipal and community
services are adequate.
4.1.2.6
The Municipality will attempt to maintain a three year supply of residential units with
servicing capacity in draft approved and/or registered plans of subdivision by
endeavouring to ensure the appropriate approvals are given as expeditiously as
possible.
4.1.2.7
The Municipality will encourage innovative housing designs particularly those, which
offer energy efficiency, reduced municipal expenditures or lower costs to
purchasers.
phasing
4.1.2.8
Residential development will be phased contingent upon the availability of servicing
infrastructure.
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buffering from agricultural lands
4.1.2.9
In cases where residential development is proposed on lands adjacent to or abutting
agricultural lands, the Municipality will ensure that adequate buffering and/or
mitigation measures are provided between the development and the agriculture
lands where necessary. In this regard, the developer will be responsible for
providing the buffering. The specifics of the buffering will be determined when a
development is proposed and any buffering requirements will be specified within site
plan and/or subdivision agreements.
programs
4.1.2.10 The Municipality may participate in the housing programs of other levels of
government in order to achieve the residential goals of the Plan.
affordable housing
4.1.2.11 Efforts should be made to encourage the provision of affordable housing in the
Municipality, where practical. In this regard, the Municipality will assist the private
sector by:
a)
providing opportunities for the production of affordable new residential units
that contribute to the attainment of the affordable housing targets established
for the Housing Market Area (Lambton County);
b)
reducing the time to process residential applications, to the greatest extent
practical;
c)
encouraging residential intensification where practical; and
d)
adopting alternative development standards where deemed appropriate by
the Municipality.
housing mix
4.1.2.12 A broad mix of housing accommodation to meet the needs of present and future
residents, encompassing a population with diverse lifestyles and economic means
will be encouraged.
4.1.2.13 The mixing of densities and housing designs within individual developments will be
encouraged, provided that locational requirements are satisfied. The density of
development will be governed by the Municipality considering among other things,
the preservation of open space and trees, the ability of the road system to
accommodate the generated traffic, the capacity of municipal infrastructure which
includes water, sanitary sewage, stormwater drainage and parks, and the
compatibility with existing development patterns.
applications for medium density
4.1.2.14 Development of medium density dwellings such as row housing will be considered in
accordance with the following policies:
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a)
The development should be located in proximity to Arterial or Collector
Roads;
b)
Preference will be given to medium density development in locations where
the development provides a physical transition between low-density
dwellings, and residential development exceeding a density of 40 units per
residential hectare. Locations in proximity to natural amenities such as
watercourses, major open space areas, existing neighbourhood parks,
schools and other community facilities, and commercial areas will be
encouraged;
c)
The development should be adequately buffered from abutting low-density
residential development;
d)
The development should be designed so that it is compatible with surrounding
development, and subject to the Site Plan Control provisions of this Plan;
e)
On-site parking and recreational amenities are to be provided; and
f)
The height of the proposed development should not generally exceed three
storeys.
applications for high density
4.1.2.15 Development of high-density dwellings such as apartments will be considered in
accordance with the policies of this Plan.
4.1.2.16 Planning, transportation and servicing feasibility studies may be required by the
Municipality prior to consideration of any applications for high-density residential
development. The required studies must show that the proposed development is
compatible with surrounding land uses and will not place a burden on the existing
road system, or exceed the capacity of water, storm, and sanitary treatment and
distribution system services without appropriate remedial measures being
undertaken by the applicant.
4.1.2.17 All applications for new high-density residential development will be subject to Site
Plan Control.
4.1.2.18 In addition to any required studies, all applications for high-density residential
development will be considered in accordance with the following policies:
a)
The development should be located in proximity to Arterial or Collector
Roads;
b)
Preference will be given to locations in proximity to natural amenities such as
watercourses or major open space; or in proximity to central commercial
areas; public transit facilities where they are available; and at the intersection
of Arterial Roads or Arterial and Collector Roads;
c)
The development should be compatible with adjacent lower density
residential development, and should be provided with on-site recreation
amenities and parking; and
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d)
Building height should not exceed that which might create a hazard by virtue
of the inability of the Municipality to provide adequate fire protection.
special residential uses
4.1.2.19 Special Residential uses include group homes as defined in the Zoning By-law,
residential care facilities, senior citizens housing, short-term accommodation
operated or authorized by a public agency, and facilities for special population
groups. Where a Special Residential use is of similar scale or nature as a medium
or high-density residential development or employs significant numbers of staff, such
use will generally be subject to the policies governing medium or high-density
dwellings, as the case may be, as well as the following policies:
a)
Preferred locations for such uses are on Arterial Roads and Collector Roads;
b)
The use should be compatible with the scale, density and character of
existing land uses;
c)
Provision should be made for adequate buffering to protect surrounding
existing development;
d)
Adequate off-street parking must be provided to serve the residents, staff and
visitors while retaining sufficient yard space to maintain the residential
character of the area; and
e)
Provision will be made for off street locations to accommodate drop-off and
pick-up of the users of such facilities.
4.1.2.20 Special Residential uses will generally be subject to the policies governing Higher
Density dwellings.
4.1.2.21 The Special Residential uses to be permitted will be established in the municipal
Zoning By-law. Special Residential uses such as prisons and group homes for
persons placed under probation under the Criminal Code, Young Offenders Act, and
similar Acts shall be subject to appropriate separations from residential areas.
urban agriculture
4.1.2.22 Food production for personal use is encouraged on residential lots and within
residential areas (e.g. community gardens), where such activities will not result in
nuisance to or loss of enjoyment of neighbouring property.
accessory buildings
4.1.2.23 Appropriate uses of accessory buildings in residential areas include storing tools,
equipment and materials used in the maintenance of the house and property,
activities associated with property maintenance, and storing personal vehicles,
recreational items and household items. Hobby activities and limited home
industries are also appropriate where the scale and nature of the activities have no
objectionable features and are not overly intense for a residential area.
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4.1.2.24 Buildings of form or size which could lend themselves to overly intensive or
inappropriate uses with future or present owners or that go beyond what is needed
for conventional residential accessory uses shall be avoided.
accessory second dwelling units
4.1.2.25 An accessory second dwelling unit will generally be permitted as accessory to a
main dwelling, either within or attached to the main dwelling or in a detached
accessory building. Accessory second dwellings shall be limited in scale and clearly
secondary to the main dwelling. In location, layout and character, they must not
conflict with the physical character of the neighbourhood and must not negatively
impact the amenity or enjoyment of neighbouring properties, especially rear yard
spaces. Entrances and any associated outdoor living areas shall be directed
towards the interior of the lot.
4.1.2.26 An accessory second dwelling shall not be permitted as accessory to a main
dwelling unit in certain situations. These prohibitions include lots with already more
than one dwelling located thereon and lots where a dwelling is only permitted as
accessory to another use. New accessory second dwellings shall not be located
within Minimum Distance Separation setbacks from livestock facilities or on lots that
cannot meet reasonable use guidelines regarding sewage disposal.
4.1.2.27 Preference shall be for accessory second dwellings to be within or attached to the
main dwelling and convertible to use as part of the main dwelling. Second dwellings
in detached accessory buildings shall generally be prohibited in second floors and
subject to greater lot line setbacks than normally applied to detached accessory
buildings. Their permitted size shall be less than second units contained within or
attached to a main dwelling. Second dwellings in detached accessory buildings do
not, in themselves, provide justification for larger accessory building sizes, numbers
or coverage than otherwise allowed on a residential lot.
4.1.2.28 The Zoning By-law shall set out applicable standards for accessory second dwelling
units. The Committee of Adjustment may consider exceptions where the intent of
this Plan's policies applicable to accessory second dwellings and Sections 4.1.2.23
and 4.1.2.24 are maintained. In particular, greater flexibility may be given regarding
size and form on larger lots that are more rural or recreational in character and
provide greater separations to neighbouring uses. Where lot creation policies can
be met, creation of a separate building lot may be more appropriate in some cases
than variances for size. The severance of a building constructed as an accessory
second dwelling onto its own lot shall however be prohibited.
4.1.3
Professional Offices
4.1.3.1
Certain types of professional offices are compatible with a residential
neighbourhood, and may serve a needed function to nearby residents. Examples of
such uses include a law office, doctor's office, chiropractic practice, dentist, or
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accounting practice. Appropriate development standards can blend such uses into
the residential community so as to minimize undesired impacts.
4.1.3.2
A limited amount of local professional offices will be permitted in existing residential
dwellings within the residential areas.
4.1.3.3
The use will be limited to a professional practice that primarily provides services to
individuals and families.
development guidelines
4.1.3.4
The establishment of professional offices will be subject to the following guidelines:
a)
The office is located within an existing residential building. Development of
new buildings for commercial use may occur if the structure is of similar scale
and appearance with surrounding residential structures.
b)
Alterations to structures should not preclude the re-establishment of
residential uses similar to those existing prior to the establishment of the
professional practice.
c)
Adequate off-street parking and buffering of parking areas from neighbouring
uses is provided.
d)
Preference will be given to arterial or collector road locations.
4.1.4
Home Occupations
4.1.4.1
A home occupation is defined as a business activity (full or part-time) carried out by
a person in their residence. Home occupations will be permitted in residential areas.
Such uses rarely create conflicts during early development however, when they
attempt to expand, they may become inappropriate for a residential area. To ensure
that home occupations do not expand in a manner that conflicts with the residential
use or physical character of the neighbourhood, such home occupations will be
encouraged to locate in other appropriate non-residential areas.
home occupation secondary to residence
4.1.4.2
A home occupation will be clearly secondary to the residential use. The Zoning
provisions shall limit the amount of space within detached accessory buildings that
may be occupied by a home occupation.
non-resident employees
4.1.4.3
A home occupation must be conducted or undertaken by a person or persons
permanently residing in the dwelling that is the primary use on that lot. The number
of non-resident persons employed in the home occupation, at its location, will be
limited in the Zoning By-law.
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alterations
4.1.4.4
Alterations to a dwelling for a home occupation that are inconsistent with the
residential character of the lot or neighbourhood will not be permitted.
outdoor storage
4.1.4.5
No outdoor storage of equipment, materials or goods used by or produced by a
home occupation will be permitted. The Zoning By-law shall specify what work
vehicles may be kept on site.
sale of goods
4.1.4.6
The sale of goods associated with a home occupation from the lot used as a home
occupation will be permitted, but a home occupation that is primarily a retail store is
prohibited.
floor area
4.1.4.7
The floor area devoted to the home occupation will be limited by the Zoning By-law.
limitations on occupations
4.1.4.8
No use that includes the storage or repair of construction equipment, welding, auto
body repair, automobile maintenance, or metal fabrication or that has considerable
potential to cause site contamination will be permitted as a home occupation.
signs
4.1.4.9
Signs associated with a home occupation will be non-illuminated, and the area of the
sign will be regulated in the Zoning By-law.
neighbourhood amenity
4.1.4.10 A home occupation will not use machinery or equipment that is inconsistent and
incompatible with surrounding residential uses because of its nature or scale, nor will
a home occupation create a nuisance or conditions inconsistent or incompatible with
adjacent or nearby residential uses by reason of emission of noise, vibration, smoke,
fumes, dust, other particulate, heat, odour, refuse, lighting or other emission or by its
hours of operation, outdoor activities or types of materials, equipment or vehicles
stored on site.
nuisance
4.1.4.11 A home occupation will not create a nuisance or conditions inconsistent or
incompatible with adjacent or nearby residential uses.
municipal servicing
4.1.4.12 A home occupation will only be permitted where adequate servicing is available.
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4.1.5
Bed and Breakfast Establishments
4.1.5.1
Bed and Breakfast Establishments are private homes where the owner makes
temporary accommodation available to the travelling public (usually tourists) in their
own homes. In function and impact, they are similar to a home occupation.
Generally, the impact is similar to that which occurs when a neighbour has guests
staying for a day or two. However, regulation is required to ensure that a successful
Bed and Breakfast Establishment does not evolve into a restaurant or hotel.
4.1.5.2
The use of single detached dwellings as Bed and Breakfast Establishments will be
permitted provided appropriate policies are met:
a)
Bed and Breakfast Establishments must be operated only by persons
permanently residing in the dwelling;
b)
Only temporary, short-term accommodation to the general public will be
provided;
c)
Separate kitchen or dining areas for guests may be provided. Establishment
of a restaurant catering to persons other than guests will not be permitted;
d)
No external or internal alteration, of a home utilized as a Bed and Breakfast
that is inconsistent with the physical character of the surrounding
neighbourhood will be permitted;
e)
The Zoning By-law will regulate the maximum number of rooms available to
guests;
f)
Construction or conversion of buildings accessory to the home to
accommodate guests will not be permitted;
g)
The site area is sufficient to provide for off-street parking and buffering from
abutting residential uses; and
h)
Adequate water and sanitary servicing are provided.
4.2
Commercial
The policies of this section are intended to apply to lands designated in a
Commercial category.
4.2.1
Central Commercial Area
4.2.1.1
Central Commercial Area uses are intended to serve the day-to-day needs of the
residents of the community, and to a limited extent, tourists visiting or travellers
through the Municipality.
permitted uses
4.2.1.2
Within the Central Commercial Area the primary use of land will be for businesses
engaged in the buying, selling, supplying, leasing and exchanging of goods and
services. To enhance the identity and strengthen the function of Central
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Commercial Areas, various public buildings such as the local library, the post office
and the municipal offices will also be encouraged.
secondary uses
4.2.1.3
Secondary uses shall include residential uses.
dwelling units
4.2.1.4
To enhance the diversity and vitality of the central commercial area, the
establishment of new dwelling units will be encouraged in accordance with the
following criteria:
a)
In cases where a lot fronts onto a commercial main street, the dwelling units
must be located above or behind ground floor commercial uses;
b)
Dwelling units are provided with access to an open space area suitably
landscaped and maintained, or alternatively are provided with a balcony; and
c)
Access to the dwelling units is provided from an adjacent street or land and
not through a commercial use.
studies
4.2.1.5
To strengthen and enhance the role of the Central Commercial Area as the focal point
of the community and as a healthy business centre, the Municipality may undertake
detailed design/feasibility studies with respect to:
a)
The preservation and rehabilitation of historical landmarks and buildings;
b)
New uses for vacant or under-utilized buildings;
c)
Street landscaping, lighting, signage and exterior building design;
d)
The development of efficient pedestrian and vehicular circulatory systems;
e)
The re-location of non-conforming uses; and
f)
The provision of adequate and accessible off-street parking.
compatibility
4.2.1.6
New Central Commercial Area development will only be permitted where
compatibility with adjacent land use designations and the commercial structure of
the Municipality can be ensured.
form
4.2.1.7
The Central Commercial Area development form will typically be a grouping of retail
and other commercial uses under common or individual ownership, and may take
the form of a shopping centre.
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4.2.2
Highway Commercial Area
permitted uses
4.2.2.1
Within Highway Commercial Areas the primary use of land will be large, space
extensive uses that require large parcels of lands for outside storage and selling
space, for building coverage, and for off-street parking. Although the types of
commercial uses may be different than the Central Commercial Area, the
Municipality should provide a cohesive and attractive appearance to the area that
complements and introduces visitors to the traditional downtown.
4.2.2.2
Permitted uses within Highway Commercial Areas will include, but not necessarily
be limited to, the following:
a)
Automobile service stations; vehicle, trailer and marine sales, repair and
service facilities; and car washes;
b)
Drive-in restaurants;
c)
Hotels, motels (cabins and cottage parks), and related tourist facilities;
d)
Places of amusement and recreation;
e)
Industrial and agricultural equipment sales and service;
f)
Restaurants, gift shops, farmer's markets, antique stores and flea markets;
g)
Retail warehouse;
h)
Building and contractor supply store, and/or bulk sales;
i)
Warehousing;
j)
Service industrial uses with limited open storage;
k)
Private commercial recreational facilities such as fitness and health clubs;
arenas; tennis, squash and racquetball courts; and
l)
Institutions including churches, synagogues, and funeral service
establishments.
4.2.3
Site Design Policies
The following site design policies will apply to all Commercial Areas.
4.2.3.1
New commercial development adjacent to existing commercial uses will be
encouraged to integrate the design and dimensions of structures, parking areas and
access points with those of the adjacent uses.
4.2.3.2
New commercial development will ensure that there is:
a)
Safe and adequate access from the road subject to the approval of the
authority having jurisdiction. Individual access points will be limited in number
and designed to minimize any danger to vehicular and pedestrian traffic.
Continuous access will be discouraged in favour of a curb and designated
ingress and egress points. Shared access among commercial
establishments will be provided wherever possible;
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b)
Adequate off-street parking and loading spaces, in accordance with the
provisions of the Zoning By-law, and the spaces should be located beside or
behind the establishment, where possible;
c)
Adequate site landscaping and maintenance of all lands not used or required
for the building area, parking and loading areas, and display or storage areas;
and
d)
A front yard setback that accommodates pedestrian movement.
4.2.3.3
Where new commercial development is proposed adjacent to residential land uses,
Council must be satisfied that the following provisions are adequately met:
a)
Screening and/or buffering of access driveway, parking and service areas
such that noise, light or undesirable visual impacts are mitigated;
b)
Locating and designing light standards and external light fixtures so that lighting
is directed away from the adjacent residential uses; and
c)
Locating and sizing of advertising, identification, or other signs and devices, to
avoid conflicts with effective traffic control and the general amenity of the
area.
4.3
Industrial
4.3.1
Light Industrial Area
permitted uses
4.3.1.1
Within Light Industrial Areas the permitted use of land will generally be non-noxious
industrial uses such as general manufacturing, research and development,
warehousing and wholesaling and light assembly or any combination thereof within
enclosed buildings.
noxious uses
4.3.1.2
Industrial uses, which are considered a noxious trade business or manufacture
under Provincial legislation or regulations, will not be permitted in Light Industrial
Areas.
accessory commercial uses
4.3.1.3
Commercial uses accessory or complementary to industrial establishments will be
permitted provided they do not detract from the area for industrial purposes now or
in the future and may include offices, and limited retailing within industrial buildings
for the sale of goods manufactured on the premises.
4.3.1.4
Parks and public open space uses are also permitted.
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location of accessory and complementary uses
4.3.1.5
Accessory and complementary uses except for Parks and Public Open Space and
retailing uses within industrial buildings, will generally be encouraged to locate on
Arterial Roads and Collector Roads, preferably grouped at or near the entrances to
industrial areas and at major road intersections wherever possible.
outdoor storage
4.3.1.6
Outdoor storage of industrial materials and equipment will only be permitted as an
ancillary use to the permitted uses in Light Industrial Areas. Outdoor storage of
industrial materials and equipment along Arterial Roads, Collector Roads, Provincial
Highways, on the periphery of Light Industrial Areas, and/or adjacent to Residential
Areas, will be discouraged. Outdoor storage should be located in a rear yard and
should be adequately screened from adjacent properties and streets.
development standards
4.3.1.7
The Zoning By-law will prescribe specific development standards related to parking
requirements, setbacks, coverage, buffering, separation, etc., to ensure that conflict
with surrounding uses is minimized to the satisfaction of the Municipality. Buffering
will be considered in light of Provincial guidelines on separation distances between
industrial facilities and sensitive land uses.
existing residential uses
4.3.1.8
Adequate separation distances must be maintained between new industrial
development and existing residences and residentially zoned land.
residential uses attached to permitted uses
4.3.1.9
Residential dwelling units for a caretaker or watchperson may be permitted provided
they are structurally attached to the main permitted use on the lot.
4.3.2
Site Design Policies
The following site design policies will apply to all Industrial Areas and industrial uses
within the Mixed Commercial/Industrial designation.
4.3.2.1
New industrial development adjacent to existing industrial uses will be encouraged
to integrate the design and dimensions of structures, parking areas and access
points with those of the adjacent uses.
4.3.2.2
New industrial development will ensure that there is:
a)
Safe and adequate access from the road subject to the approval of the
authority having jurisdiction. Individual access points will be limited in number
and designed to minimize any danger to vehicular and pedestrian traffic.
Continuous access will be discouraged in favour of a curb and designated
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ingress and egress points. Shared access among industrial establishments
will be provided wherever possible;
b)
Adequate off-street parking and loading spaces, in accordance with the
provisions of the Zoning By-law, and the spaces should be located beside or
behind the establishment, where possible; and
c)
Adequate site landscaping and maintenance of all lands not used or required
for the building area, parking and loading areas, and display or storage areas.
4.3.2.3
Where new industrial development is proposed adjacent to residential land uses,
Council must be satisfied that the following provisions are adequately met:
a)
Adequate screening and/or buffering is provided between the two uses;
b)
The impacts of parking, storage, loading and lighting are minimized; and
c)
Traffic flows, building forms and relationships to neighbouring buildings and
uses are acceptable.
4.4
Mixed Commercial / Industrial Area
commercial development
4.4.1
Permitted commercial uses include highway commercial uses such as: automotive
sales and services, lumber yards, and other land extensive commercial uses that
may be inappropriate within other commercial areas in the municipality. In addition,
factory outlets, farm related commercial uses such as supply establishments for the
sale of feed and seed and/or fertilizer, or farm implement sales and service may be
permitted.
industrial development
4.4.2
Permitted industrial uses include uses which are farm related. Examples of these
include bulk fuel depots, grain and seed storage facilities, feed mills, and grain
drying facilities.
access
4.4.3
Site access will be subject to the regulations of the appropriate road authority and
should be limited in number and designed in a manner that will minimize the danger
to vehicular and pedestrian traffic. Continuous open access to a road will be
discouraged. The sharing of access points or the construction of internal service
roads will be encouraged.
suitability
4.4.4
Before allowing a commercial or industrial development to proceed, the Municipality
should be satisfied that the proposed development is suited to the lands.
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site plan control
4.4.5
New development will require Site Plan approval pursuant to the Site Plan Control
provisions of this Plan. The site plan agreement may, among other things, ensure
that adequate buffering is provided where commercial uses may adversely affect an
adjacent land use.
zoning
4.4.6
Commercial and industrial uses will be zoned in one or more separate zoning
categories in the implementing Zoning By-law. The Zoning By-law will also contain
regulations governing parking and loading requirements.
development policies
4.4.7
Such development standards and site design policies as apply to highway
commercial and industrial uses in sections 4.2.2, 4.2.3, and 4.3 shall apply where
these uses are located or proposed to be located in the Mixed Commercial/Industrial
Area.
4.5
Institutional Areas
permitted in all designations
4.5.1
Institutional uses including government, health care, day-care, educational, religious,
recreational, social welfare, and cultural facilities are permitted in all designations.
new institutional uses
4.5.2
The following policies will apply to new Institutional land uses:
a)
New Institutional uses should generally be located in Residential Areas and
may be considered in other designations only where the scale and/or nature
of proposed institutional uses warrants;
b)
New Institutional uses will generally be encouraged to locate in areas where
full municipal services are provided;
c)
New Institutional uses should not impact in an undesirable manner on
surrounding Residential uses, nor generate traffic beyond the capacity of the
local road system; and
d)
New Institutional uses should be strategically located in relation to the
population served.
4.6
Open Space Areas
4.6.1.1
The provision of public recreational space and facilities is an important component
for the social well-being of the residents of the Municipality. It is the Municipality's
intent to provide opportunities for the creation of public parks and recreational
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facilities and to work with local service clubs, school boards, and private citizens to
improve and expand the park system.
4.6.1.2
Parks and recreation facilities will be provided to meet the general needs and
desires of the residents.
4.6.2
General Policies
categories
4.6.2.1
The two basic categories of open spaces in the Municipality are:
a)
Publicly owned lands and facilities including:
i)
Major Open Space Areas and Community Parks, including publicly
owned Environmental Protection Areas which can accommodate some
recreational activities by all residents; and
ii)
Neighbourhood Parks and Minor Open Space Areas that serve local
recreational requirements; and
b)
Privately operated parks, open spaces and facilities such as golf courses and
campgrounds, which are open for use to the general public.
interconnected systems
4.6.2.2
Wherever possible, an interconnected open space system will be developed. In the
event that transportation or utility corridors are no longer required for such purposes,
they should be incorporated into the municipal open space system. The Municipality
will encourage the co-operation and participation of public service groups and
private citizens in developing such corridors as open space linkages. Consideration
will be given to the potential for linking the Municipality's open space system with
those of neighbouring municipalities.
neighbourhood parks
4.6.2.3
Neighbourhood Parks are permitted uses in all land use designations.
community and major parks
4.6.2.4
Community Parks and Major Parks will be placed in a separate land use designation
and will be subject to the policies governing all uses permitted in Major Open Space
Areas.
cash-in-lieu of parkland
4.6.2.5
Cash in lieu of dedicated parkland will be based on the appraised value of any lands
required to be conveyed for park purposes in accordance with the appropriate
provisions of the Planning Act. Cash in lieu will be accepted for example when there
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is no deficiency in parkland based on the parkland density standards or the parcel
proposed is not appropriate for parkland.
4.6.2.6
Combinations of cash-in-lieu and parkland dedication may be accepted in some
instances. For example, when partial dedication would achieve the desired parkland
standard for the area or where private recreational facilities are being constructed.
condition of dedicated lands
4.6.2.7
The Municipality will generally not accept as part of the minimum parkland
conveyance lands that are required for drainage purposes, lands susceptible to
flooding, steep valley slopes, hazard lands, connecting walkways and other lands
unsuitable for development. Furthermore all lands conveyed to the Municipality will
be in a physical condition satisfactory to the Municipality considering the anticipated
park use. The Municipality may accept some lands that contribute to linkages
between existing parks in the system as part of the dedication at their discretion.
4.6.2.8
The Municipality may, from time to time, wish to acquire from developers, lands that
are of particular value because of their physical quality or because they provide the
opportunity to link other parts of the open space system. Where these lands exceed
the 2 per cent dedication required for commercial and industrial development or the
5 per cent dedication required for other purposes, the Municipality will attempt to
acquire such lands through purchase from the developer or through the use of
Bonusing as described in the 'Implementation' policies of this Plan.
multiple family developments
4.6.2.9
Any multiple unit residential development with over 25 units should incorporate
private parkettes for the use of its residents.
agreements
4.6.2.10 This Plan encourages the development of agreements between the Municipality and
other organizations, such as public service clubs or school boards, for the increased
utilization of space and facilities such as open space, gymnasiums, or buildings, in
order to serve the residents.
other agencies
4.6.2.11 This Plan also encourages the assistance of public service groups, businesses and
private citizens in the provision of parkland and park equipment.
primary permitted uses
4.6.2.12 Community Parks and Major Parks will be the primary public recreation uses
permitted within Major Open Space Areas. Additional uses such as land, water and
forest conservation, storm water detention areas, and ancillary structures or
buildings, are also permitted.
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neighbourhood parks
4.6.2.13 Neighbourhood Parks are permitted uses in all land use designations.
community and major parks
4.6.2.14 Community Parks and Major Parks will be placed in a separate land use designation
and will be subject to the policies governing all uses permitted in Open Space Areas.
permitted uses
4.6.2.15 Open space and recreational uses will be the primary uses permitted within Major
Open Space Areas. Additional uses such as land, water and forest conservation,
storm water detention areas, and ancillary structures or buildings, are also permitted.
4.6.2.16 Permitted open space and recreational uses include uses such as the following:
a)
Golf courses including driving ranges and putting greens;
b)
Public and Private Parks;
c)
Campgrounds;
d)
Cemeteries including crematoria;
e)
Non-commercial gardening including nurseries;
f)
Botanical gardens;
g)
Zoological parks;
h)
Swimming pools, skating rinks and ponds;
i)
Public trail bicycle racing courses;
j)
Community trails and linkages between open space uses; and
k)
Ancillary retail commercial uses and parking facilities as long as such uses do
not inhibit the operation of the primary use.
community gardens
4.6.2.17 The Township may authorize community gardens or other food growing areas on
underutilized public green spaces or areas designated as Open Space.
neighbourhood parks not identified
4.6.2.18 The Major Open Space Areas are intended to cover significant areas of parkland
and open space and include privately owned open spaces such as golf courses.
Neighbourhood Parks including parkettes and parks with only play equipment for
small children will not generally be identified as Major Open Space Areas.
lands in private ownership
4.6.2.19 Where any land designated as Major Open Space is under private ownership, the
Plan does not intend that this land will necessarily remain as Major Open Space
indefinitely, nor will it be construed as implying that such land is free and open to the
general public or that the land will be purchased by the Municipality or any other
public agency.
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conditions of re-designation
4.6.2.20 Applications for the re-designation to another use of all or part of an existing Major
Open Space Area may be permitted by the Municipality after considering the
following:
a)
The existence of any significant or unique natural features and/or
environmentally sensitive areas;
b)
The proposed methods by which the above would be handled in a manner
consistent with accepted engineering practice and environmental
management methods;
c)
The costs and benefits in monetary, social and biological value in terms of
any engineering works and resource management practices to be used;
d)
The concerns of the local Conservation Authority and/or the Province;
e)
The impacts to community amenity and tourism that might result from the loss
of the open space and/or recreational resource;
f)
The ability to provide services to the property;
g)
The degree to which the property is isolated from settlement areas, and/or
would create or perpetuate conflicts or limitations on Agricultural lands or
uses; and
h)
The other policies of this Plan related to parks and open space.
4.6.2.21 Subject to criteria, the Agricultural Area policies of this Plan permit the establishment
of Open Space and Recreational Uses, in situations where the removal of land from
Agricultural use would not otherwise be permitted. Subsequent designation of Major
Open Spaces in Agricultural areas for other uses will be strongly discouraged.
4.6.2.22 There is no public obligation to re-designate or to purchase any Major Open Space
Areas.
4.6.3
Major Parks
4.6.3.1
Major Parks will be acquired, developed and maintained by the Municipality as large
areas of public open space to serve the entire Municipality. Major Parks will be
subject to all policies pertaining to Major Open Space Areas provided by this Plan.
4.6.3.2
Major Parks are intended to provide a broad range of active and passive recreational
opportunities. More specifically, Major Parks will:
a)
Incorporate environmentally significant natural areas wherever feasible;
b)
Provide large open areas which can facilitate active sports activities;
c)
Provide for low intensity passive recreational activities easily accessible to
residents throughout the Municipality; and
d)
Be located on or near an Arterial Road or Collector Road wherever possible.
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4.6.4
Community Parks
4.6.4.1
Community Parks are intended to serve the recreational needs of the residents at
the community level.
4.6.4.2
Community Parks will:
a)
Provide indoor and outdoor recreation facilities serving several residential
neighbourhoods within the Municipality, and provide a focal point for
community activities;
b)
Provide for active recreational activities predominantly;
c)
Be accessible to the neighbourhood and where possible, subdivision plans
should incorporate walkways to new or existing parks;
d)
Incorporate elements of the natural environment wherever feasible;
e)
Be located on a Collector or Arterial Road; and
f)
Be integrated with a school playing field if possible, where shared use of
parkland can be facilitated.
4.6.5
Neighbourhood Parks
4.6.5.1
Neighbourhood Parks will generally consist of small children's play facilities at the
neighbourhood level and greenbelt areas that serve individual neighbourhoods
within a community. More specifically, Neighbourhood Parks will:
a)
Be centrally located within a Neighbourhood and be accessible to
pedestrians;
b)
Provide opportunities for minor recreational activities;
c)
Provide opportunities for passive enjoyment of the environment;
d)
Be located in conjunction with an elementary school, where feasible, in which
case no physical barriers shall be created to separate complementary
facilities; and
e)
Be located on a Collector or Local Road.
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5
Natural Heritage
The Municipality contains areas that are subject to flooding and/or subject to
instability due to erosion and excessive slopes. Development and site alteration in
such areas will be prohibited or restricted as it could result in the loss of lives,
damage to private and public property and undue financial burdens for the
Municipality. The Municipality also contains natural areas that could include
significant natural features (e.g. wetlands, woodlands, and wildlife habitat) which
must be protected with special provisions. Development and site alteration in these
areas will be discouraged and in most cases, as per the policies of Section 5.2.2, be
prohibited and/or subject to an environmental evaluation demonstrating no negative
impact to the feature or area. Many of these natural areas are coincident with
identified hazard lands. Consequently these policies address both hazards and
protection of natural features and areas. It must be noted that not all hazard areas
contain significant natural areas and not all natural areas contain inherent hazards.
5.1
General Policies
permitted uses
5.1.1
The use of lands in Hazard and Environmental Protection Areas will be restricted to
agriculture (exclusive of any buildings or structures and exclusive of any forms of
agriculture that would remove natural heritage features), conservation, forestry,
parks, other passive outdoor recreational uses that rely on specific features of the
natural environment, and marine facilities where appropriate. Some permitted uses
may be further restricted or prohibited in or adjacent to natural heritage features as
specified in Section 5.2.2.
floodplain and erosion hazard policies
5.1.2
Development within Hazard and Environmental Protection Areas is subject to the
policies of this Plan regarding Floodplains and Unstable Land.
development and site alteration
5.1.3
No development and site alteration or alteration to shorelines and watercourses or
interference with wetlands shall be permitted in Hazard and Environmental
Protection Areas unless such action is approved by the Municipality or, where
regulations apply, by the local Conservation Authority. The Municipality may
consider implementing a Site Alteration By-law under the authority of the Ontario
Municipal Act (R.S.O. 1990).
changes to schedules
5.1.4
Minor changes to the boundaries of Hazard and Environmental Protection Areas
may be permitted without an Official Plan amendment provided that a detailed
assessment of the sensitive area and/or hazard has been undertaken to the
satisfaction of the Municipality which demonstrates that there will be no negative
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impacts on the natural heritage features or their ecological functions. In the case of
Hazard Lands, the Council must consider the existing environmental hazards and
the potential impact of these hazards, and must be satisfied that the hazard has
been addressed in a manner consistent with accepted engineering techniques and
resource management practices. In the case of Environmentally Sensitive Areas or
features, Council will consider the nature and sensitivity of the area or feature and
must be satisfied that there will be no negative impacts on the natural features or
their ecological functions. In either case, the Municipality may consult with the local
Conservation Authority by way of a memorandum of understanding.
private lands
5.1.5
Where any Hazard and Environmental Protection Areas are under private
ownership, the Official Plan does not intend that this land will necessarily remain as
Hazard and Environmental Protection nor will it be construed as implying that such
land is free and open to the general public or that the land will be purchased by the
Municipality or any other public agency. An application for re-designation of lands
designated Hazard and Environmental Protection may be approved by Council after
taking into account:
a)
the diversity, connectivity, biodiversity, ecological function, and sensitivity of
the natural area , feature, or system and/or the existing physical hazards;
b)
the potential negative effects of the re-designation on sensitive areas or the
impact of the hazards on the proposed re-designation;
c)
the proposed methods by which any negative effects can be addressed in a
manner consistent with accepted engineering techniques and resource
management practices;
d)
the costs and benefits in monetary, social and biological value in terms of
engineering works and/or resource management practices needed to address
any negative effects;
e)
the potential for subsequent increases in demand for associated future
development such as subdivision expansion, road widening, and bridge
crossings which may negatively impact on lands designated Hazard and
Environmental Protection; and
f)
the results and recommendations of an environmental evaluation undertaken
consistent with the process and requirements outlined in Section 5.1.11.
re-designation/purchase
5.1.6
There is no public obligation, to re-designate or to purchase any Hazard and
Environmental Protection Areas, particularly if there is a sensitive natural area or an
existing or potential hazard that would be difficult or costly to overcome.
floodlines
5.1.7
The Hazard and Environmental Protection designation is not to be construed as
delineating the floodline related to a watercourse. As noted in the introduction to this
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section, the designation encompasses a number of types of natural environments
and includes hazard areas. It is possible that the delineation of the Environmental
Protection designation follows the defined floodline, however this may not always be
the situation. Accurate mapping of floodlines may not exist in many cases. Where
any flood and erosion risk mapping, flood control or other works are undertaken
which result in significant changes to the boundaries of Hazard and Environmental
Protection Areas, the Official Plan will be amended accordingly.
parkland dedications
5.1.8
Where new development includes lands within a Hazard and Environmental
Protection Area, such lands may not necessarily be considered acceptable by
Council for dedication to the Municipality for park purposes. All lands dedicated to
the Municipality for park purposes will be conveyed in a physical condition
acceptable to the Municipality.
setbacks
5.1.9
Building setbacks will be imposed from the boundaries of Hazard and Environmental
Protection Areas in relation to the kind, extent and severity of the existing and
potential hazards and as may be recommended in hazard studies. Such setbacks
will be set out in the implementing Zoning By-law.
land severances
5.1.10
Land severances in Hazard and Environmental Protection Areas may be permitted
in accordance with the Land Division policies of this Plan.
environmental evaluations
5.1.11
Prior to any major disturbance, including development, occurring in or adjacent to
Significant Natural Areas, the preparation of an environmental impact study or other
environmental evaluation may be required at the discretion of the Municipality,
unless a report is already required under the Environmental Assessment Act.
5.1.11.1 An environmental evaluation will assess the following:
a)
The level of significance of the natural area, feature, or system, if any, having
consideration for diversity, biodiversity, connectivity, and ecological function;
b)
The sensitivity of the natural area, feature, or system that may be impacted by
the proposed disturbance;
c)
The degree and acceptability of impact of the proposed disturbance on the
Significant Natural Area; and
d)
The methods proposed to alleviate such impacts to acceptable levels and
demonstrate that there will be no negative impacts on the natural features or
their ecological functions.
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5.1.11.2 The extent of the environmental evaluation required, in terms of the appropriate level
of detail and effort required to assess the development impacts, the features, areas,
and functions to be evaluated and the required evaluations' timing, will be unique in
every situation, depending on the characteristics of the site and the proposed
development. The proponent or their consultant shall propose the scope of the work
to be completed having consideration for Provincial technical guidelines. An initial
ecological site assessment should identify potential significant natural heritage
features or areas with a site screening report evaluating these features or areas for
significance. If the features or areas are determined to be significant, a full
environmental study should be proposed. The municipality shall accept the
proposed scope of work or require revisions in consultation with the Conservation
Authority, Ministry of Natural Resources and Forestry, or other qualified professional.
5.1.12
The Municipality may prohibit all development, dumping or removal of fill, alteration
to watercourses and natural drainage areas, removal of tree stands and the
installation of roads and services within Significant Natural Areas without a
satisfactory environmental evaluation prepared in accordance with Section 5.1.11.
5.1.12.1 In addition, other lands not within the Significant Natural Areas may be subject to the
requirement of an environmental evaluation being carried out prior to development
approval.
5.1.12.2 No environmental evaluation shall be required where the Township is satisfied that a
development would not have negative impacts on the natural heritage system. Such
circumstances could include where the development is of a minor nature, where
there is only minor intrusion, or where development adds no further impacts due to
existing development or existing impacts. This shall not be construed to supersede
requirements that may exist under provincial or federal legislation. OPA No. 1
5.1.13
Negative impact or effect means degradation that is identified as being due to single,
multiple, or successive development or site alteration activities and that, even after
implementing mitigation measures, threatens the health and integrity of the natural
features or ecological functions for which an area is identified. In the case of fish
habitat, negative impact means any permanent alteration to, or destruction of fish
habitat, except as has been authorized under the Fisheries Act. In the case of
water, surface water, or ground water, negative impact means degradation to the
quality and quantity of water, sensitive surface water features and sensitive ground
water features, and their related hydrologic functions, due to single, multiple, or
successive development or site alteration activities.
designation boundaries approximate
5.1.14
The boundaries of Hazard and Environmental Protection Areas are approximate and
will be used to guide the preparation of the Zoning By-law provisions which will
implement the policies of this Plan. As detailed mapping of Hazard and
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Environmental Protection lands and/or features becomes available, the local
Conservation Authority and the Province will be consulted, and the Official Plan and
Implementing Zoning By-law, will be amended as required. The Zoning By-law will
establish more precise boundaries of Hazard and Environmental Protection Areas,
and building setbacks appropriate to the degree of hazard and environmental
sensitivity.
zoning
5.1.15
Hazard and Environmental Protection Areas will be zoned in a separate category in
the implementing Zoning By-law.
5.2
Significant Natural Areas
5.2.1.1
The Municipality will designate Significant Natural Areas as 'Environmental
Protection', or other suitable designations and will encourage the maintenance of
these lands in their natural state where possible. These areas include Provincially
Significant Wetlands, Habitat of Threatened and Endangered Species, Areas of
Natural and Scientific Interest (ANSIs), Environmentally Significant Areas (ESAs),
Significant Woodlands, significant valley lands, significant wildlife habitat, prairie
grasslands, Locally Significant Wetlands, significant wildlife habitat, nature reserves,
and fish habitat.
5.2.1.2
Significant Valley Lands are lands having a slope of 10 per cent or greater over a
sustained area.
development in and adjacent to significant natural areas
5.2.2.1
Development or site alteration is not permitted in Provincially Significant Wetlands.
5.2.2.2
Development or site alteration in Fish Habitat, or in Habitat of Threatened and
Endangered Species shall be subject to such provincial and federal requirements as
may apply.
5.2.2.3
Development or site alteration may be permitted within Provincially Significant Areas
of Natural and Scientific Interest (ANSIs), or may be permitted adjacent to
Provincially Significant ANSIs, Provincially Significant Wetlands, Habitat of
Endangered or Threatened Species, or Fish Habitat, if it can be demonstrated
through an environmental evaluation that there will be no negative impact on the
natural features or their ecological functions.
5.2.2.4
Development or site alteration within Significant Natural Areas other than those
listed in sections 5.2.2.1, 5.2.2.2, and 5.2.2.3, and any significant development or
site alteration adjacent thereto, may be permitted if it can be demonstrated through
an environmental evaluation that there will be no negative impact on the natural
features or their ecological functions.
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5.2.2.5
For the purposes of Section 5, "adjacent lands" means those lands contiguous to a
natural heritage feature or area where it is likely that development or site alteration
would have a negative impact on the feature or area. The extent of adjacent lands
shall depend on the circumstances, but will not exceed 120 metres from the feature.
OPA No. 1
other natural features
5.2.3
It is recognized that there will be natural features, located both within and outside the
areas designated as Environmental Protection that may be important elements of the
Municipality's natural heritage. Such elements may include surface water features,
ground water features, prairies, meadows, and scrublands, habitat of threatened and
endangered species and the corridors and linkages between natural features. To
protect these, the Municipality will work with residents, service clubs and/or naturalist
groups to identify the natural features, such as rare trees, tree rows, vegetated areas,
secondary corridors, linkage areas, and wildlife habitat; and, will encourage
development proponents to conserve and enhance these features as part of the
development approval process.
municipal activities
5.2.4
The Municipality will incorporate management practices with respect to municipal
buildings and property to reduce the amount of contaminants (pesticides, herbicides,
and salt) entering receiving watercourses through street cleaning, snow removal and
weed control activities.
watercourses
5.2.5
Development along watercourses will be planned such that harmful alteration,
disruption and destruction of fish habitat are avoided. The following principles will
apply to any development that borders a watercourse in the Municipality:
a)
as a first option, natural stream bank vegetation should be maintained;
b)
grassed slopes and other native vegetation, or other suitable erosion control
methods, should be introduced and should be maintained on the banks of
watercourses;
c)
construction of tile outlets should not contribute to erosion along
watercourses;
d)
tree planting or other buffer measures should be installed where appropriate
to protect watercourse banks and enhance the "biological corridor" role of
watercourses;
e)
interim measures to protect the watercourse from erosion and sedimentation
during construction should be incorporated; and
f)
an appropriate setback for all development from the top of bank of
watercourses will be required in order to prevent erosion, improve water
quality, enhance wildlife corridors and protect fish habitat, in addition to
protecting the development from flooding and slope instability.
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trees
5.2.6.1
In order to maintain a healthy stock of mature trees, the Municipality will require
development proponents, as a condition of approval, to preserve mature trees where
possible and when trees must be removed, these shall be replaced with new
plantings in a reasonable time by trees of similar species and of sufficient maturity to
enhance the appearance of the development. In addition, the Municipality will
encourage the introduction of new tree plantings as one component of the
development approval process.
woodlot management
5.2.6.2
In accordance with the Lambton County Woodlands Conservation By-law or
successor, no clearing of woodlots will be permitted except for minor clearing for
convenience purposes as approved by Lambton County Council. County Council
may require, as a condition of approval, reforestation of, at least, an equivalent area
of land, or planting of a fence line or windbreak. County Council may also require
that the reforested area be appropriately rezoned.
5.2.6.3
Where forest cover has been removed and is to be replaced as a condition of a
development approval, the use of indigenous species of vegetation is encouraged.
Restoration work should be required at a rate of twice the area of forest cover that
was removed. Preference will be given to replacing the trees at the same site and/or
within the Environmental Protection or Hazard designations, or in locations that
would create or enhance key linkages in the natural heritage system. The
replacement tree stock should consist of indigenous species where quality stock is
available and be maintained by the proponent to the free to grow stage. Long term
management of these replacement trees will comply with the County of Lambton
Woodlands Conservation By-law or successor.
legislative measures
5.2.6.4
To encourage woodlot protection, the Municipality may consider implementing
relevant sections of the Forestry Act, the Woodlands Improvement Act, the Municipal
Act and any other relevant legislation.
tree saving plans
5.2.6.5
Development proponents within or adjacent to wooded areas will be required to
submit a Tree Saving Plan, satisfactory to the Municipality as a condition of
approval. The Tree Saving Plan shall:
a)
contain an inventory of existing tree species and condition;
b)
indicate the impact of development on existing trees and the wild life habitat
that they provide;
c)
indicate measures necessary to reduce the negative effect of development;
d)
indicate the trees to be removed and ensure the preservation of the remaining
trees;
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e)
indicate a plan for the replacement of trees with suitable quality stock,
preferably of indigenous species, and maintenance of replacement trees to a
free to grow stage;
f)
be included in the development agreement; and
g)
incorporate the requirements of an environmental evaluation if the wooded
area is part of a Significant Woodland.
definition
5.2.6.6
Significant Woodlands are those forested areas which are designated Environmental
Protection in a Primary corridor or Significant Natural Area, or any contiguous
forested area that is 2 hectares, or greater in size.
natural corridors
5.2.7
The linking of Significant Natural Areas through a comprehensive system of natural
corridors will be encouraged. Stewardship initiatives and compatible land uses will
be encouraged in an effort to restore areas of vegetation gaps and forest openings
within these natural corridors. Any reforestation required by the Lambton County
Woodlands Conservation By-law or successor or a Tree Saving Plan or as a
condition of a permission granted under either should maintain and enhance existing
corridors where practical.
species at risk
5.2.8.1
The Endangered Species Act, 2007 and its Regulations provide protection to
species listed in the Species at Risk in Ontario List as endangered or threatened and
also to their habitat. Such habitat has not been described or delineated for all
endangered and threatened species, delineated habitat is considered sensitive
information by the province, and the list of endangered and threatened species may
change subsequent to this Plan being adopted. Such habitat may therefore include
areas not identified as Significant Natural Areas in this Plan and not subject to
Planning Act approvals.
5.2.8.2
Development proponents should exercise due diligence to ensure that any activities
being contemplated would not contravene the Endangered Species Act. Where the
Township has reason to believe that proposed development may be located within
or adjacent to such habitat, the proponent shall be required to consult with the
Ministry of Natural Resources and Forestry regarding the need for further
investigations. The municipality shall consult with the Ministry where it is suspected
municipal activities may be located within such habitat.
vulnerable aquifers
5.2.9
Schedule "B" to this Plan shows areas overlying aquifers classified as highly
vulnerable. Development in these areas shall comply with the Drinking Water
Source Protection policies in Part C Section 10.3 and any source protection plan
completed under the Clean Water Act. Development that has potential to negatively
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impact these areas may be prohibited, restricted, and/or subject to an evaluation of
the potential impacts to the aquifer.
5.3
Natural Hazards
Major watercourses, corresponding flood plains and valley systems with significant
slopes represent constraints to development. The following policies will apply to
development within and adjacent to flood plains and adjacent to significant slopes.
5.3.1
Flood Plain Policies
regulatory flood standard
5.3.1.1
The Regulatory Flood Standard for the Municipality is based upon the Hurricane
Hazel storm centred event which occurred in 1954.
one zone concept
5.3.1.2.1 The flood plain for major watercourses exhibiting valley topography is subject to the
One Zone Concept as defined by the Regulatory Flood Standard which will be
determined in consultation with the local Conservation Authority.
5.3.1.2.2 All buildings and structures will be prohibited except for:
a)
those necessary for flood or erosion control;
b)
those necessary for conservation purposes;
c)
minor buildings such as rain shelters; and
d)
those structures that comprise a portion of a recreation pathway; or those
permitted through the specific policies elsewhere in this section .
5.3.1.3
All such development below the regulatory flood line will require an approval from
the local Conservation Authority pursuant to provincial "Regulation of Development,
Interference with Wetlands and Alterations to Shorelines and Watercourse"
legislation or successors.
absence of engineered floodlines
5.3.1.4
The preparation of engineering reports to determine the extent of the floodplain may
be required in areas where no engineered flood lines exist. The cost of required
reports will be borne by the development proponent.
existing development in the floodplain
5.3.1.5
Any redevelopment or expansion of existing development within the flood plain must
be in conformity with the policies of this Plan and the policies of the local
Conservation Authority. All such development below regulatory flood lines will
require written permission from the local Conservation Authority.
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5.3.2
Unstable Land
setbacks from slopes
5.3.2.1
Development adjacent to steep slopes or watercourse valleys will be subject to
setbacks from the stable top-of-bank. The stable top-of-bank will be determined by
the proponent in consultation with the Municipality and the Conservation
Authority/Province. The required development setback will reflect the degree,
severity and extent of the hazard. The erosion hazard (slope setback) will be
determined using an allowance for slope stability, an erosion allowance based upon
the 100 year erosion rate, and an erosion access allowance. A standard setback
may be included in the implementing Zoning By-law.
engineering and geotechnical studies
5.3.2.2
Where slope stabilization, development or redevelopment is proposed near the top-
of-bank of a major watercourse or significant slope, the proponent will consult with
the Municipality regarding the need for geotechnical or engineering studies.
5.3.2.3
Where Ontario Regulations stipulate, the Municipality will consult with the
Conservation Authority, however, outside regulated areas, the Municipality may
consult with the Conservation Authority at its own discretion. The Municipality will
reserve the right to require geotechnical and/or engineering studies and/or works.
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6
Resource Extractive
permitted uses
6.1
Lands designated as Resource Extractive may be used for the extraction of mineral
resources (mineral aggregates and minerals) such as sand, gravel, stone, or clay
together with the ancillary uses of aggregate storage, a stone crushing plant,
processing facilities, overburden storage, administrative offices, scales and
accessory uses unless specifically restricted elsewhere in this section. Importing
aggregate materials and recycled materials (e.g. recycled asphalt and concrete) for
blending with materials extracted at the mineral resource extraction operation is also
permitted within the Resources Extractive designation. Extraction of mineral
resources is an interim land use. Prior to, and after extraction, the lands may also
be used in accordance with the Agricultural Area policies contained in this Plan.
general policies
6.2.1
Existing licensed resource extractive operations will be protected from activities that
would preclude or hinder their expansion or continued use, or which would be
incompatible for reasons of public health, public safety or environmental impact.
6.2.2
In areas adjacent to or in known mineral resource areas, development that would
preclude or hinder the establishment of new operations or access to the resource
will only be permitted if:
a)
issues of public health, public safety and environmental impact are
addressed, and:
i)
resource use would not be feasible; or
ii)
the proposed land use or development serves a greater long term
public interest.
wayside pits and asphalt plants
6.3
Wayside pits and quarries, and portable asphalt plants, used on public authority
contracts will be permitted in all land use designations except Hazard and
Environmental Protection Areas and areas where conflicts with existing
developments would occur. A Zoning By-law amendment will be required to
establish a new wayside pit or quarry in an area of existing development or in an
area of particular environmental sensitivity.
extractive operations on lands not designated
6.4.1
The establishment of new resource extractive operations or expansions to existing
operations on lands not designated Resource Extractive will require an amendment
to both the Official Plan and the Zoning By-law. Applications to amend the Official
Plan and By-law must be supported with the following information:
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a)
The impact such operations might have on adjacent land uses, in particular
on residential uses including farm dwellings;
b)
The environmental and ecological impact of such operations;
c)
The impact on the road system;
d)
The degree to which productive farmland would be lost;
e)
The proposed method of operation;
f)
The adequate rehabilitation of mineral extraction operations sites;
g)
The location, shape, topography, contours, dimensions, area and
characteristics of the lands to be used for the new resource extraction
operation;
h)
The use of all land, and the location and use of all buildings and structures on
the subject lands and within 500 metres (1,640 feet) of any of the boundaries
of the lands to be used for the resource extraction operation;
i)
The specific location, type, quantity and quality of the mineral resources
within the lands to be used for resource extraction purposes;
j)
Plans showing progressive grade changes, excavation setbacks, proposed
buildings, changes to the drainage systems, access points, mineral storage
areas, screening and berming and progressive rehabilitation of the site during
the active life of the resource extraction operations; and
k)
The ultimate rehabilitation and reuse of the site.
6.4.2
The above-noted information may be supplied by the proponent in an application for
a licence under the Aggregate Resources Act, a separate submission to the
Municipality or a combination of both.
pit rehabilitation
6.5
When the extraction of the mineral resources has been concluded in accordance
with all site plan agreements, and all rehabilitation requirements, the Resource
Extractive Areas will only be used in accordance with the Agricultural Area policies
and land use designations of this Plan.
6.6
Progressive or sequential rehabilitation of lands within Resource Extractive Areas
will be encouraged in accordance with a rehabilitation plan prepared in accordance
with the Aggregate Resources Act, as amended.
6.7
When resource extractive operations are proposed for agricultural lands,
rehabilitation of the site will be carried out whereby substantially the same areas and
same average soil quality for agriculture are restored. Complete agricultural
rehabilitation is not required if:
a)
there is a substantial quantity of mineral resource below the water table
warranting extraction;
b)
the depth of planned extraction makes restoration of pre-extraction
agricultural capability unfeasible;
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c)
other alternatives have been considered and found unsuitable; and
d)
agricultural rehabilitation in remaining areas will be maximized.
provincial requirements
6.8
All resource extractive uses must satisfy the requirements of the Province as to
water supply, disposal of liquid wastes, pumping operations, the control of air and
noise pollution and vibrations where blasting is involved.
7
Rural Clusters
7.1
Rural Clusters are identified on Schedule "A" to this Plan. The policies of the
Agricultural Area shall generally apply with the exception that consents may be
granted for:
a)
The creation of a new lot for a single-detached dwelling; or
b)
A lot addition to an existing undersized residential lot.
7.2
The limits of Rural Clusters shall be established in the Zoning By-law as a separate
Zone.
7.3
New lots and lot additions within Rural Clusters shall be permitted without
amendment to this Plan provided:
a)
The zone designation is appropriately amended, if necessary;
b)
The new lot or lot addition is confined generally to the Rural Cluster limit
established on the Zoning Schedules while also being contiguous to existing
lots in the Rural Cluster and/or infilling between existing lots;
c)
Appropriate separations and/or buffers are maintained between incompatible
uses; and
d)
New lots are services by a municipal water supply system.
Part C
Municipal Services & Utilities
Section 8
Transportation
Section 9
Public Uses & Utilities
Section 10
Municipal Services, Stormwater
Management, and Sensitive
Uses
Section 11
Alternative and Renewable
Energy Generation Facilities
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8
Transportation
It is the policy of the Municipality to provide and maintain efficient, cost-effective and
reliable transportation systems that integrate with adjacent systems and those of
other jurisdictions to serve the needs of the local population.
8.1
Road System
a)
The movement of vehicles on public rights-of-way will be given a high priority
in the planning of the transportation system within the Municipality.
b)
The following hierarchy of roads is hereby established:
i)
Arterial Roads;
ii)
Collector Roads; and
iii)
Local Roads.
8.1.1
Arterial Roads
function
8.1.1.1
Arterial Roads transport large volumes of traffic between the different areas within
the Municipality and through the Municipality. Direct access is usually from other
Arterial Roads and Collector Roads.
access
8.1.1.2
Direct access to Arterial Roads from Local Roads and abutting properties is not
encouraged, except where local circumstances do not provide alternatives.
right-of-way width
8.1.1.3
The minimum right-of-way width for Arterial Roads, will generally be 26 to 30 metres
(86 to 100 feet). A greater right-of-way width will be provided for turning lanes at
road intersections where required.
intersection improvements
8.1.1.4
In areas which are already developed, existing Arterial Road intersections will be
improved as required.
new intersections
8.1.1.5
In areas where new development is proposed, new Arterial Road intersections will
be adequately spaced, and will be provided with necessary traffic control equipment
and turning lanes, to maintain a safe and desirable movement of vehicular and
pedestrian traffic.
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setbacks
8.1.1.6
The Zoning By-law will establish minimum setbacks for buildings along Arterial
Roads to ensure room for future road widening and installation of additional traffic
lanes, if required. Arterial Road widening will not be undertaken until the impact on
abutting properties is studied and any negative effects are minimized.
high traffic land uses
8.1.1.7
Land uses, which generate high volumes of traffic, including truck traffic, will be
encouraged to locate along Arterial Roads.
trucks
8.1.1.8
The movement of truck traffic through the Municipality will be encouraged on Arterial
Roads rather than Collector Roads or Local Roads.
8.1.1.9
The Arterial Roads are Churchill Line west of Oil Heritage Road, Petrolia Line,
Courtright Line, Oil Heritage Road, Mandaumin Road and Forest Road north of
Petrolia Line.
8.1.2
Collector Roads
function
8.1.2.1
Collector Roads carry traffic volumes to and from major traffic generators or within or
between residential neighbourhoods.
access
8.1.2.2
Direct driveway access to Collector Roads from low density residential uses will
generally be discouraged, wherever possible.
right-of-way width
8.1.2.3
Collector Roads will have a minimum right-of-way width of 20 metres (66 feet) in
urban areas and 26 metres (86 feet) in rural areas. Preferred right-of-way widths in
rural areas will be 30 metres (100 feet).
intersection improvements
8.1.2.4
Collector Road intersections will be adequately spaced to ensure the safe and
desirable movement of traffic and pedestrians and to minimize the infiltration of
through traffic onto Local Roads in residential neighbourhoods.
location and design
8.1.2.5
Collector Roads will be located and designed to discourage through vehicular traffic
within residential areas. Where possible, reverse frontages will be used for
residential lots adjacent to collector roads.
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8.1.2.6
The Collector roads are: Marthaville Road, Churchill Line east of Oil Heritage Road,
LaSalle Line west of Oil Heritage Road, Oil Springs Line west of Oil Heritage Road,
and Aberfeldy Line west of Oil Heritage Road.
8.1.3
Local Roads
function and access
8.1.3.1
Local Roads provide unrestricted access from abutting properties to the municipal
road system.
right-of-way width
8.1.3.2
Local Roads will have a minimum right-of-way width of 20 metres (66 feet), or a
minimum width of 15 metres (50 feet) in areas where alternative development
standards are deemed appropriate by the Municipality.
8.1.4
General Road Policies
land acquisition for roads purposes
8.1.4.1
As a condition to the approval of a plan of subdivision or land severance, the
Municipality may require the dedication of new roads. In addition, land dedication for
road widening or intersection improvements for a plan of subdivision, or land
severance, may be required where the road right-of-way width is less than that
required by this Plan.
development applications & road widening
8.1.4.2
Road widening, or intersection improvements, as a condition to the approval of new
development, may be required in accordance with the Site Plan Control policies of
this Plan.
8.1.4.3
New development will be prohibited on private roads, except within approved Plans
of Condominium or on existing lots fronting onto an existing private road. The
Municipality must be satisfied as to the adequacy of the private road to
accommodate anticipated traffic. The Municipality will not assume any existing
private roads unless these roads are upgraded to a standard acceptable to the
Municipality.
8.1.4.4
Land will be required to be conveyed at no expense to the Municipality for municipal
road widening as a condition of severances, plans of subdivision, or as a
consequence of new development, changes in use that generate significant traffic
volumes, additions that substantially increase the size or usability of buildings or
structures, where the subject lands front on municipal roads. For lands fronting on
County or Provincial roads, development proponents are encouraged to consult with
the appropriate County or Provincial road authority.
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8.1.4.5
Unequal widening may be taken where topographic features, federal land
ownership, historic buildings or other cultural heritage resources, significant
environmental concerns or other unique conditions necessitate taking a greater
widening or the total widening on one side of an existing municipal road right-of-way.
8.1.4.6
Right-of-way width requirements for a specific section of roadway may be reduced
where special circumstances warrant and long-term requirements will not be
affected.
8.1.5
Use of Road Allowances
municipal services
8.1.5.1
Services provided or to be assumed by the municipality shall be required to be
located within road right-of-ways or, when not otherwise feasible, in easements
specifically for such purposes.
public utilities
8.1.5.2
Privately operated utilities which serve abutting owners may be located in road
rights-of-way where reasonably practicable. If an existing road right-of-way width is
less than the minimum right-of-way width identified by this Plan, the utility proposing
to locate services may be required to acquire (or pay the cost of acquisition by the
municipality) the additional land required to meet the minimum right-of-way standard.
other public services
8.1.5.3
Electricity transmission systems and pipelines for the transmission of oil, gas, brine
or other liquid products of the oil and gas industry shall be permitted to cross but
shall not otherwise be located within any road right-of-way. The preferred location
for such facilities is a multi-use easement corridor. Where it is determined (for
environmental or other reasons) that such facilities should be located upon a
particular road right-of-way, the proponent shall be required to acquire (or pay the
cost of acquiring) sufficient land for the widening of the road allowance beyond the
minimum standards of this Plan to accommodate the facilities.
relocation of services
8.1.5.4
The primary function of all road rights-of-way is to serve the transportation system
needs of the municipality. The secondary function of all road rights-of-way is to
provide for the distribution of municipal utilities to inhabitants of the municipality.
Where a road right-of-way is used for any other purpose (such as the provision of
privately operated utilities), such use shall be at the risk and expense of the utility or
proponent. The municipality may direct the location or relocation of any fixture or
thing (utility, distribution, or transmission system, etc.) in the road right-of-way. All
expenses associated with the construction, relocation or removal of any fixture or
thing maintained in a road right-of-way shall be borne by the utility or proponent.
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multi-modal use
8.1.5.5
Where appropriate, road allowances may be used for a multi-modal transportation
system. This may include the location of sidewalks, bike lanes, trails, pedestrian
lighting, resting locations, and similar uses within road allowances.
8.2
Rail Facilities
8.2.1
Abandoned rail line corridors will be preserved for future transportation, utility or
recreation purposes.
8.2.2
The protection of abandoned railway rights-of-way for other uses is encouraged.
Dissolving an existing right-of-way by conveying the land to abutting owners is
discouraged, to ensure the availability of the right-of-way should rail transportation
again become important in the future.
8.3
Parking Facilities
minimum standards
8.3.1.1
The Zoning By-law will establish minimum off-street parking standards for all
appropriate land uses and forms of development.
8.3.1.2
These minimum parking standards will be related to the amount of traffic generated
by individual uses.
on-street parking discouraged
8.3.2
On-street parking will generally be discouraged except on Local Roads, and where
such on-street parking is eliminated as a result of road improvements. The
Municipality will encourage the provision of equivalent off-street parking wherever
feasible.
accessible to persons with disabilities
8.3.3
The Municipality will ensure the development of off-street parking facilities, whether
public or private, in such a manner as to be accessible to persons with disabilities.
parking provided on same lot
8.3.4
Off-street parking, loading and truck storage facilities will generally be provided on
the same lot as the land use that the parking facilities serve.
cash in lieu
8.3.5
The Municipality may accept cash in lieu of parking spaces subject to the following
provisions:
a)
Cash in lieu of parking will not be acceptable for operations that provide short
term accommodation (e.g. motels, bed and breakfasts); and
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b)
Cash in lieu of parking will not be accepted for highway commercial areas
unless it is determined that adequate parking is provided through communal
parking areas (e.g. shared parking in plazas).
8.4
Pedestrian and Bicycle Traffic
sidewalks and walkways
8.4.1
Adequate provision will be made for sidewalks and walkways to enhance the
convenience and safety of pedestrians.
8.4.2
Sidewalks will generally be provided within Urban Residential and Central
Commercial Areas along both sides of Arterial Roads and along at least one side of
Collector Roads and Local Roads, where warranted by vehicular or pedestrian traffic
volumes
8.4.3
Facilities for the safe movement of pedestrians, including access and on-site
movement, will be provided in all new developments, including the redevelopment of
land.
8.4.4
Pedestrian walkways and sidewalks will be provided within residential subdivisions
to minimize walking distances between dwellings and schools, parks, and local
commercial uses.
8.4.5
Sidewalks will be separated from road pavement by boulevards in all new residential
subdivisions, wherever possible.
bicycle ways
8.4.6
Bicycle ways within parks and between residential areas and schools, parks and
commercial facilities will be provided wherever feasible.
8.5
Bicycle rights-of-way along Arterial Roads may be provided wherever sufficient
volumes of bicycle traffic are in evidence, wherever feasible.
8.4.8
During most times of the year, the bicycle is a viable alternative to other modes of
transportation, is environmentally sound, and supports active, healthy lifestyles.
Wherever feasible, the Municipality will promote and initiate improvements to
enhance bicycling as a means of transportation.
lead by example
8.4.9
Where appropriate, the Municipality will provide accessible and sufficient bicycle
parking areas at Municipally owned and operated facilities in order to promote the
use of the bicycle as an alternative to motor vehicles.
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9
Public Uses and Utilities
9.1
General Policies
Except as provided for in Section 9.2, the following public services and facilities are
permitted in all land use categories, subject to the development policies of this Plan:
a)
transportation, communication, and hydro corridors, and associated facilities
subject to applicable laws and regulations under Province of Ontario Statutes;
b)
water supply, sewage treatment, storm drainage facilities, and utility services;
c)
municipal government buildings and facilities;
d)
the re-use of abandoned utility and/or transportation corridors for public
purposes;
e)
public open space; and
f)
natural gas pipelines and accessory works.
definitions
9.1.1.1
Throughout this Plan the term "utility" shall include but not be limited to municipally
provided services such as water supply, sanitary sewers, and storm drainage;
privately operated services such as electricity, natural gas, telephone, cable, and
other communications services; brine, oil, gas, and other petrochemical pipelines;
associated electricity generation facilities, transmission systems, distribution
systems, and collection systems; and facilities and structures appurtenant to
transmission, distribution, and collection systems. Where the context implies,
"utility" or "utilities" shall mean the entity providing such utilities.
9.1.1.2
Public services and facilities shall include utilities; municipal government buildings;
municipally owned or operated community facilities; public open spaces; rail; roads;
and other public transportation networks.
municipal facilities
9.1.2
When making decisions with respect to the construction, renovation, or maintenance
of municipal facilities and assets and in the provision of services, the Township will:
a)
work towards implementing provincial accessibility standards and removing
barriers at municipal facilities for persons with disabilities;
b)
consider the incorporation of energy efficient designs and technologies into
buildings, site layouts, and landscaping and other measures that will reduce
municipal energy consumption or reduce reliance on grid-supplied electricity;
and
c)
assess the desirability of incorporating small scale electrical generation
facilities and participate in Provincial procurement processes such as the
Feed-in Tariff and micro-FIT programs.
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9.2
Restrictions on Public Uses
compatibility with residential areas
9.2.1
In residential areas the public services and facilities listed in Section 9.1 will be
designed and constructed so that they are compatible with the surrounding
residential area.
agricultural land
9.2.2
Where public services and facilities are proposed on high capability agricultural land
(Canada Land Inventory Class 1 to 3), the need must be documented, as must the
reasons why lower capability or marginal land cannot be used.
significant natural areas
9.2.3
The public services and facilities listed in Section 9.1 will be prohibited in Significant
Natural Areas unless they are authorized under an environmental assessment
process, or subject to the Drainage Act.
9.3
Oil and Gas Extraction
9.3.1
Except as provided for in Section 9.2 above, exploration, drilling for, and production
of oil and natural gas is permitted in all areas of the Municipality. In order to
minimize potential negative impacts on the environment, any exploration or drilling
for production of oil and natural gas will be in accordance with the Ontario Petroleum
Resources Act. In addition, the plugging of abandoned oil and natural gas wells and
the storage of oil and natural gas will comply with the requirements of the Oil, Gas
and Salt Resources Act, including the following:
a)
Well operators shall ensure that salt water, drilling fluid, oil refuse and any
flammable products from a well are handled or disposed of in a manner that
does not create a hazard to public health or contaminate any fresh water
horizon;
b)
waste or oil field brine must not be disposed of underground without the
approval of the Province;
c)
collection, storage and surface disposal of oil field brine shall be in
accordance with the standards of the Province regarding water quality, where
applicable; and
d)
the operation of the wells shall not exceed the Provincial outdoor noise
Guidelines for rural areas nor shall vibration levels be permitted that may
result in the loss of enjoyment of normal use of adjoining property.
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9.4
Electricity Generation Facilities and Transmission and Distribution Systems
permitted in any designation
9.4.1.1
Electricity generation facilities and transmission and distribution systems that
operate at 50 kilowatts and above, or facilities that transform from above 50 kilowatts
to less than 50 kilowatts including all works as defined in The Power Corporation Act
and succeeding legislation, (such as transmission lines, transformer stations and
distributing stations) are permitted in all designations without an amendment to the
Plan subject to any regulatory requirements for the utility involved. The electricity
utility will be required to consult with the Municipality regarding the location of new
electricity generation facilities and transmission and distribution systems.
renewable energy projects
9.4.1.2
Notwithstanding, electricity generation facilities shall be subject to Part C Section 11
Alternative and Renewable Energy Generation Systems.
other electric facilities
9.4.2
Other electricity facilities including buildings, structures and uses not used directly
for the generation, transmission, or distribution of electricity, will comply with the
provisions of this Plan and the Zoning By-law.
9.4.3
The above policies do not preclude the Municipality's right to participate in
discussions on the location criteria of new electricity generation facilities and
transmission and distribution systems.
secondary uses
9.4.4
Secondary land uses, such as active and passive recreation, agriculture, community
gardens, other utilities, and uses such as parking lots and outdoor storage that are
accessory to adjacent land uses, are encouraged on hydro corridor lands, where
they conform to this Plan and the Zoning By-law and are deemed by Council to be
compatible with surrounding land uses. However, a proponent should be aware of
the primacy of the electricity transmission and distribution facilities and that
secondary uses require technical approval from Hydro One Networks Inc.
9.5
Telecommunications
9.5.1
The Township supports the provision of new and enhanced wireless services to the
community that balance land use interests and impacts to environmentally sensitive
areas.
9.5.2
Recognizing that Industry Canada has final authority over telecommunications
facilities under the Radiocommunication Act (R.S.C. 1985 c. R-2) and
Telecommunications Act, (S.C. 1993, c. 38), when telecommunications providers are
proposing new or altered infrastructure:
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a)
towers should be located in agricultural and industrial areas and are strongly
discouraged within 250 metres of any dwellings or designated residential
areas;
b)
facilities should be co-located or located on existing poles or buildings
wherever feasible;
c)
towers should be designed and located to minimize visual impact and to avoid
disturbance to natural features;
d)
telecommunications providers should submit appropriate information and pre-
consult with the municipality;
e)
the Township may require the proponent to enter into an agreement for the
development of the lands; and
f)
telecommunications provider should provide appropriate notice and public
consultation.
9.5.3
Easements or leases are the preferred method of land tenure. Severances and
easements should not result in farm fragmentation. Telecommunications providers
should be responsible for maintenance, decommissioning, and site clean-up of any
facilities or corridors.
10
Municipal Services, Stormwater Management and Sensitive Land
Uses
10.1
Sanitary Sewerage
This section outlines the Municipality's requirements for sanitary sewage collection,
treatment and disposal systems.
municipal service area
10.1.1
All development within the sewer service area will be serviced by sewer facilities.
When development is proposed in the sewer service area and the necessary lines
are not yet installed, the developer will be responsible for the provision of necessary
extensions. The Municipality will pass a By-law pursuant to the Municipal Act
defining areas where sewer system connections are mandatory.
special industrial servicing
10.1.2
Industrial Areas within the sewer service area may, at the discretion of the
Municipality in consultation with the Province, be permitted to develop on individual
services where specialized treatment related to industrial processes is required.
Council will pass a By-law outlining such services.
10.1.3
Dry industrial uses on private sewage systems will not be permitted in a municipal
sewer service area.
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reallocation of capacity
10.1.4
The Municipality may reallocate sewage capacity when the Municipality deems that
allocated sewage capacity is not being utilized by existing approved draft plans of
subdivision subject to the time period outlined in the draft approval. Reallocation will
occur only when the specified time limit has expired and no appeal has been filed.
phasing of development
10.1.5
The Municipality will make no commitment or approve any development that would
cause the capacity of a sewage treatment plant to be exceeded. In certain cases
improvements to the sanitary sewer system may be required before development
may proceed. Such improvements may include the provision of a new pumping
station and/or sewer line extensions.
individual sanitary sewage treatment and disposal systems
10.1.6
Any development which is not serviced by full municipal services and is proposed on
communal, partial municipal or individual on-site systems must be supported by
studies which include, as a minimum, evaluations of soil percolation rates, impacts
on ground water resources, ground water mounding and adjacent watercourses.
Reserve areas for replacement septic systems will be required for each lot when the
mode of sewage servicing is individual private sewage systems or communal
systems. Where new multi-lot clusters are proposed, proponents will be required to
submit soils and hydrological studies completed by qualified soils engineers or
hydrogeologists with recognized expertise in on-site sewage and potable water
system designs.
10.1.7
New development, located outside the sewer service area and requiring individual
systems, will be permitted if it conforms to the land use policies of this Plan and the
proposed site can accommodate an individual sanitary sewage treatment and
disposal system based on the following criteria:
a)
The lot area will comply with the reasonable use guidelines developed by the
Ministry of Environment and Climate Change for the type of development
proposed and the system(s) to be used unless a satisfactory geotechnical
report is completed in support of the development on the proposed lot area;
and
b)
A Certificate of Approval or Building Permit, as may be required, for an
individual sanitary sewage treatment and disposal system is to be obtained.
10.1.8
Limited new development within the sewer service area will also be permitted on
private sewage disposal systems by specific exemption by Municipal Council,
provided it is located in an area of the Municipality where private services
predominate, connection to municipal sewers is infeasible, and a limited number of
undeveloped lots exist. The Council, committee of adjustment, or other body, as the
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case may be, in considering an application for new development may also consider
the use of communal systems and secondary treatment systems where appropriate.
10.2
Water Service
This section outlines the Municipality's requirements for water supply systems.
municipal service area
10.2.1
All development within the water service area will be serviced by municipal piped
water facilities. When development is proposed in the water service area and the
necessary lines are not yet installed, the developer will be responsible for the
provision of necessary extensions. The Municipality will pass a By-law pursuant to
the Municipal Act defining areas where water system connections are mandatory.
private water supply
10.2.2
Development may be permitted on private water systems, subject to proof that water
quality and quantity are adequate, where piped water is not available and an
extension of services is not economically feasible.
industrial process use
10.2.3
The Municipality may serve industrial needs for process or cooling water from the
municipal system. As an option, industrial uses may provide their own water supply
system, subject to municipal approval and subject to the approval of the Province.
high volume industrial users
10.2.4
High volume industrial users using the municipal water supply system may be
required to enter into an agreement with the Municipality whereby the industrial user
will provide its own system and cease use of the municipal system in the event that
the capacity taken by the industrial use is needed for other purposes, subject to
sufficient notice as defined in the agreement. Depending upon the volume of
groundwater or surface water required, a Permit To Take Water under the Water
Resources Act may be required.
10.3
Drinking Water Source Protection
source protection plan and generic requirements
10.3.1
The Clean Water Act sets out a framework for the protection of drinking water
sources and requires the adoption of a Source Protection Plan for the Thames-
Sydenham and Region Source Protection Region within which the Township is
located. The Township will ensure that this Plan and any decisions made under the
Planning Act or Condominium Act have regard to the policies within the source
protection plan, once it is adopted, as the apply to those low and moderate threats
identified in the Township.
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10.3.2
The Township will work collaboratively with the County and provincial agencies in
assisting the Conservation Authority in the development and implementation of
education and outreach programs designed to increase awareness and
understanding of drinking water threats within the Township and to promote best
practices as a means to reducing the risks to drinking water sources.
local source protection threats and policies
10.3.3
The Source Protection Plan's applicability will be limited within the Township as
there are no municipal drinking water sources located within the Township. A
significant number of private wells however exist for domestic and agricultural use.
10.3.4
Schedule "B" to this Plan shows vulnerable areas where moderate and low threat
policies of the Source Protection Plan will apply. These areas consist of aquifers
classified as highly vulnerable. Within these vulnerable areas:
a)
Land uses and activities that have the potential to pose threats due to
chemicals or pathogens may be prohibited, restricted, or regulated.
Specifically, such uses shall be prohibited in the Zoning By-law;
b)
All storage and handling of liquid waste, petroleum, fuels, solvents, fertilizers,
and related chemicals shall be provided for in properly designed and
engineered containment areas in accordance with applicable policies,
guidelines, technical standards, and legislation;
c)
Technical studies and risk management plans may be required as part of any
development application to identify, assess, and mitigate any potential
concerns. Studies may include, but are not limited to, hydrogeological studies
and spill prevention and contingency plans; and
d)
The Township's sewer use by-law shall limit and regulate the quantity, quality,
and nature of substances discharged into the sewer system.
10.4
Storm Water Management
10.4.1
The traditional approach to managing stormwater has been to remove runoff from
parking lots, roads and lots as quickly as possible and channel it to nearby
watercourses through a system of subsurface drains. This approach has a number
of drawbacks including water pollution, excessive loading of sewage treatment
plants where storm sewers connect with sanitary sewers, lowered water tables,
erosion and increased dependence upon costly public drainage works infrastructure.
10.4.2
The current direction in managing stormwater is to utilize the natural absorption and
infiltration qualities of the ground to induce ground water recharge and to filter out
various impurities. The principles of natural stormwater management fit into the
larger concept of watershed and sub-watershed planning.
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10.4.3
The Municipality will consider programs, regulations and new technology that
enhance the natural ability of the environment to reduce the rate of stormwater
runoff, and to improve the quality of stormwater conveyed to watercourses.
retention and detention
10.4.4
Development proponents will be encouraged to employ Best Management Practices
as the preferred strategy for the management of stormwater. The following methods
should be encouraged:
a)
The use of greenspace for detention/retention ponds;
b)
The integration of detention/retention ponds into the municipal open space
system;
c)
The use of cisterns or drywells on site which capture water for non-potable
uses (lawn watering, car washing);
d)
The use of infiltration trenches;
e)
Processes such as man-made wetlands and permeable surfaces to absorb
and distribute stormwater and recharge groundwater; and
f)
The use of oil grit separators.
management principles
10.4.5
In order to achieve no overall increase in the peak level and volume of stormwater
runoff, all new development will be required to provide suitable site grading and outlet
facilities for storm drainage. Development will be guided by the following principles:
a)
the flow of water resulting from a stormwater facility(s) is not to create or
contribute to an erosion problem and/or water quality impairment;
b)
a stormwater facility is not to contribute to a drainage problem on other lands
where such lands are intended to be developed, utilized for agricultural
purposes or utilized for active recreational open space;
c)
a stormwater facility is to be designed in accordance with accepted
engineering standards;
d)
a stormwater facility is not to adversely affect the hydrology of
environmentally sensitive areas;
e)
the Municipality may consult the local Conservation Authority, and the
Province when considering all multiple land severances and plans of
subdivision; and
f)
storm water management facilities require the issuance of a certificate of
approval under the Ontario Water Resources Act.
separation of stormwater from sanitary sewers
10.4.6
The Municipality will encourage the separation of stormwater inflow and infiltration
from municipal sanitary waste water flows. The Municipality will also initiate the
disconnection of rooftop leaders from sanitary sewers and eliminate other factors that
add stormwater to sewers.
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municipal and agricultural drains
10.4.7
Recognizing the importance of municipal drains to the agricultural industry and to
overall ecosystem health, the principles of natural channel design will be utilized in the
construction or rehabilitation of drains. This may include, where appropriate, the
following:
a)
grassed slopes and other forms of plantings, or other suitable erosion control
methods should be introduced and maintained on the banks of drains to add
to the stability of the drainage channel;
b)
tile outlets should be constructed to minimize erosion along watercourses;
c)
tree planting or other buffer measures should be installed where appropriate
to act as a windbreak, protect drain banks, and to restrict cultivation near
drain banks; and
d)
ponding areas should be incorporated in drains to reduce the speed and
volume of flow, to act as settling areas for water borne particulate, to enhance
evaporation and to serve as water storage areas.
10.5
Land Use Compatibility
The proposed use of all land in the Municipality must be compatible with adjacent
land uses, having regard for the Ministry of Environment and Climate Change Land
Use Compatibility (D-Series) Guidelines. Residential areas and other sensitive
uses, such as hospitals and nursing homes, will be protected from undesirable air
quality, excessive noise and vibration, and excessive dust and odour through the
policies of the Plan and the use of Site Plan Control. Developers may be required to
carry out noise, dust, odour and/or vibration assessments and determine control
measures that are satisfactory to the Municipality and the Province.
10.6
Potentially Contaminated Sites
10.6.1
Where a change in land use is proposed and the previous or existing use has the
potential to cause environmental contamination, the site will be restored as necessary
prior to any activity on the site associated with the proposed use such that there will
be no adverse effect. Adverse effects include one or more of the following:
impairment of the quality of the natural environment for any use that can be made of it;
injury or damage to property or plant and animal life; harm or material discomfort to
any person; an adverse effect on the health of any person; impairment of the safety of
any person; rendering any property or plant or animal life unfit for use by humans; loss
of enjoyment of normal use of property; and interference with normal conduct of
business.
10.6.2
The Township will generally follow Ontario Regulation 153/04 Records of Site
Conditions passed under the Environmental Protection Act, in determining when site
assessment and clean-up are required on potentially contaminated sites.
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10.6.3
A "record of site conditions" pursuant to the Environmental Protection Act and/or
Ontario Regulation 153/04 must be completed and registered with the Province by a
qualified person before certain changes of property use are permitted. If an
application under the Planning Act or Building Code would result in land use changes
that require a record of site conditions under Provincial legislation, its completion shall
generally be prerequisite to the Township processing applications unless it is
appropriate to require its completion as a condition of final approval. Holding
provisions may also be used.
10.6.4
Records of site conditions involve a Phase I Environmental Assessment at minimum
and additional Phases depending on earlier phases' findings. Changes of use
requiring a record of site conditions generally include changes from industrial,
commercial, or community uses to residential, parkland, institutional or agricultural
uses, as these terms are defined in the Provincial legislation. Exemptions are
provided in the legislation. Where a record of site conditions is required for a change
of use from any industrial or certain commercial uses, as listed in the legislation, a
Phase II Environmental Assessment is an automatic requirement.
10.7
Waste Management Systems
definition
10.7.1
Waste Management Systems include sites and facilities to accommodate solid
waste from one or more municipalities and includes landfill sites, recycling facilities,
transfer stations, processing sites and hazardous waste depots.
development on or in vicinity
10.7.2
Schedule "A" identifies the location of all known active and former waste disposal sites
(as of the date of approval of this Plan). Any new development, or change of use, on
or within 500 metres of the perimeter of an active or closed waste disposal site
(located in this or an adjoining Municipality) will be subject to consultation with the
Province before any Zoning By-law, Zoning By-law amendment, official plan
amendment or other Planning Act approval is adopted or granted for such lands. A
study may be required to be undertaken by a qualified professional that evaluates the
presence and effect of environmental contaminants including but not necessarily
limited to methane gas and leachate. The study will address the feasibility of
mitigation measures if required. If it is found that a potential adverse effect or potential
risk to health and safety does exist, development may be restricted and/or refused.
10.7.3
Where development or change of use is proposed on a waste site, no Zoning By-law,
Zoning By-law amendment, official plan amendment or other Planning Act approval
will be adopted or granted until approval from the Province is obtained in accordance
with Section 46 of the Environmental Protection Act, if more than 25 years has lapsed
since the land ceased to be so used for waste disposal purposes.
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10.8
Sewage Lagoons
New residential developments and other sensitive land uses will not be permitted
within 400 metres of any existing sewage lagoons within the Municipality or an
adjoining Municipality without a review of potential odour conflicts. A minimum
setback of 100 metres shall be required, in order to provide an odour buffer.
10.9
Public Utilities
underground lines
10.9.1
Underground utilities, including electricity distribution systems and telephone lines,
will be required in all new developments within Residential Areas and in other areas,
but only where possible and at the expense of the developer or proponent.
10.9.2
With the approval of all utilities within a corridor or right-of-way, all existing overhead
wiring will be encouraged to be re-installed underground.
multiple uses of rights-of-way
10.9.3
The Municipality will encourage the multiple-use of hydro corridors to accommodate
drainage or other utilities, parking areas, parkland, agricultural operations and
natural gas, oil and petrochemical pipelines, in accordance with the land use policies
and designations of this Plan.
10.9.4
Natural gas, oil and petrochemical commercial delivery pipelines will be installed
within existing corridors wherever feasible and practical.
10.9.5
Wherever possible, 'easements' should be used to accommodate new utility
corridors rather than creating new separate and distinct lots.
10.9.6
The minimization of impacts on woodlots and agricultural lands should be the
highest priority in determining a utility line or corridor route in rural areas.
10.9.7
Measures to mitigate impacts on agriculture during and after construction should be
followed.
10.9.8
Design, construction, site restoration and maintenance should be carried out in
accordance with relevant environmental guidelines regarding watercourses,
sediment control, environmentally significant areas, natural heritage corridors, and
agricultural lands.
10.9.9
Consideration should be given to ensuring that aboveground facilities or structures
are aesthetically pleasing and visually harmonious with the surrounding area.
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10.9.10
The Utility Company will maintain and be responsible for the corridor and the
decommissioning and/or removal of facilities upon the abandonment of the utility
corridor or appurtenance therein.
10.10
Abandoned Petroleum Wells
As a condition of approving development (severances, plans of subdivision), the
County and/or the local municipality will require that improperly abandoned
(plugged) wells that are known or discovered on the lands during development will
be properly plugged, capped or otherwise made safe in accordance with Provincial
requirements. Building locations should be examined for the presence of possible
well sites using established standards and procedures. Areas where wells are
located should be avoided when siting buildings, unless it can be demonstrated that
development can safely occur.
10.11
Unused Water Wells
10.11.1
An unused water well, if not properly plugged and sealed, can contaminate the
aquifer and cause a safety hazard to humans, livestock and wildlife. While it is
recognized that much of the legislation regarding groundwater contamination is
Provincial, there are matters, which can be considered by Council:
10.11.2
When processing development proposals such as severances, plan of subdivisions
and rezoning, it should be required, as a condition of approval, that any unused
water wells on the property be plugged, according to Provincial Regulations, by a
licensed well contractor. This supports Section 10.6.1 of this Plan.
10.11.3
When the municipality extends water lines, affected residents should be made aware
of the Provincial requirements to properly plugging unused water wells.
10.11.4
The municipality should support programs developed to assist landowners with the
plugging of unused water wells.
11
Alternative and Renewable Energy Generation Facilities
supported electrical infrastructure
4.1
The Township supports the construction of electricity generation facilities and
transmission and distribution systems in the Township. The Township specifically
supports alternative energy generation facilities and the following renewable energy
generation facilities:
a)
Renewable biomass facilities;
b)
Biogas facilities;
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c)
Rooftop solar facilities, on buildings that are not constructed only for the
purpose of supporting rooftop solar facilities;
d)
Landfill gas for existing landfills only (if viable), but not the establishment of
new landfills;
e)
Geothermal;
f)
Small, stand-alone ground mounted solar units that do not consume useable
farmland; and
g)
Wind energy facilities of a small scale (e.g. an individual turbine with a small
name-plate capacity) that serve primarily to supply electricity to uses on the
same property on which the facility is located
4.2
The Township does not support and is an "unwilling host" with respect to the
construction of the following renewable energy generation facilities within the
Township:
a)
Ground-mounted solar facilities of 100 kW name plate capacity or greater or
of any size that consumes productive agricultural lands; and
b)
Wind energy facilities (i.e. multiple turbine projects and/or large name plate
capacities) that primarily produce electricity for sale to the grid.
Part D
Community Development
Section 12
Culture and Heritage
Section 13
Amenity & Design
Section 14
Urban Design
Section 15
Energy Conservation
Section 16
Community Improvement
Section 17
Signs
Section 18
Home Businesses
Section 19
Local Economic Incubation
Section 20
Compatibility Criteria
Section 21
Affordable Housing
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12
Culture and Heritage
12.1
Culture is a combination of the attributes of human activity, heritage, and the unique
natural and human qualities of a region. Land use planning has traditionally focused
on preservation of past culture represented in surviving built form and archaeological
resources. As well as the historic and physical, culture includes modern and
intangible aspects such as traditions, customs, local produce, art, stories,
celebrations, festivals, events, values, significant natural and built areas, clothing,
heritage, history, artefacts, locally owned businesses, expression, literature, built
form, programs, networks, education, opportunities, vision of the future, unique local
foods and produce, objectives, priorities, recreation and leisure, volunteerism, and
interests,
12.2
Culture is integral to developing a community identity and sense of place, and is a
major factor in quality of life and civic pride. These things are in turn necessary for
economic and community development - making the community an appealing
location for visitors and new residents, business and industry, for retention of
existing residents, for retention and new investment by existing business and
industry, and for community sustainability.
12.3
The Township may facilitate the development and marketing of its cultural identity
by:
a)
collaborating with the County, neighbouring municipalities, and local cultural
and economic groups to jointly develop and market local and County
identities - e.g. through shared online portals;
b)
making use of social media and other online methods of promotion;
c)
mapping cultural points of interest;
d)
conducting regular public consultation through such exercises as strategic
planning and regular updates to this Plan;
e)
promoting improved telecommunications systems and internet access
throughout the municipality;
f)
encouraging creative, innovative, and knowledge-based jobs and local
entrepreneurship;
g)
promoting increased production and consumption of local food;
h)
identifying and preserving physical heritage resources; and
i)
offering financial incentives such as relief from property tax increases as a
means of encouraging private investment in preserving physical cultural
heritage resources.
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12.4
Physical Cultural Heritage
12.4.1
Cultural Heritage resources include buildings or structures, either individually or in
groups, which are considered by Council to be of architectural and/or historical
significance at the community, regional, provincial, or national level. Archaeological
and historic sites may also constitute heritage resources.
12.4.2
Cultural Heritage resources provide physical and cultural links to the original
settlement of the area and to specific periods or events in the development of the
Municipality. These cultural heritage resources, both individually and collectively,
contribute to the identity of the Municipality. They also assist in instilling civic pride,
benefiting the local economy by attracting visitors, and favourably influencing the
decisions of those contemplating new investment or residence in the Municipality.
12.4.3
Cultural Heritage resources may be threatened by neglect, obsolescence,
redevelopment, and the lack of financial means necessary for protection or
rehabilitation. The policies of this Plan, in conjunction with the provisions of the
Ontario Heritage Act, provide the framework for the protection and enhancement of
the Municipality's heritage resources.
12.4.4
The Municipality recognizes the importance of its cultural heritage resources. Cultural
heritage resources include archaeological resources; buildings and structural remains
of historical, architectural and contextual value; and rural, village and urban districts or
cultural landscapes of historic interest.
cultural and built heritage
12.4.5
The Municipality will seek to conserve cultural heritage landscapes and built heritage
resources when making development and infrastructure decisions which may affect
those resources. As well, the Ontario Heritage Act may be utilized to conserve
significant cultural heritage resources through the designation of individual properties
or areas, and the designation of a group or groups of properties as Heritage
Conservation Districts.
incorporation of heritage structures
12.4.6
The Municipality will encourage proponents to incorporate heritage structures in new
development or redevelopment. Where feasible, proponents will be encouraged to
incorporate design elements in new development that link developments with existing
heritage structures.
archaeological surveys
12.4.7
The Municipality will require the completion of archaeological surveys for development
proposed in areas where such features are believed to exist and require the
excavation of these sites and/or where suitable, the preservation of significant sites.
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12.4.8
The Municipality may seek to protect significant archaeological resources through the
zoning By-law provisions set out in the Planning Act.
12.5
Oil Heritage Conservation District
In accordance with the requirements of Part V of the Ontario Heritage Act, and of
Section 12 of this Plan, the Municipality shall implement an Oil Heritage
Conservation District Plan that affects properties defined as such on Schedule "A" to
the Official Plan. The properties shown within Schedule "A" shall be subject to the
policies of the District Plan, as amended from time to time, as well as the land use
designations shown on Schedule "A" to this Plan.
13
Amenity and Design
buffering and screening
13.1
In order to minimize the negative effects of conflicting land uses and forms of
development, buffering and/or screening will be provided in all areas and for all uses
wherever such conflicts may be created.
13.2
The Municipality's Zoning By-law, site plan agreements and other special
agreements will control and/or guide new development and will ensure that
adequate buffering and/or screening is provided wherever required.
noxious uses
13.3
All land uses and transportation facilities that may be noxious due to noise, visual
characteristics, vibration, dust or odours will be physically separated from
Residential Areas wherever possible. The Municipality will be satisfied that, prior to
approving any development that may be incompatible with adjacent uses,
appropriate steps have been or will be taken to reduce any land use conflicts to a
tolerable level, or to eliminate them entirely.
13.4
The developer will provide buffering and/or screening where a new Residential area
is developed adjacent to any other land use designation except for Open Space
Areas and Hazard and Environmental Protection Areas.
13.5
The provision of buffering and/or screening may include any combination of the
following:
a)
The separation of uses and/or buildings by means of greater-than-normal
setbacks;
b)
Restrictions on outside storage of goods, materials or equipment;
c)
Restrictions on parking facilities;
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d)
Restrictions on loading facilities in industrial or commercial areas;
e)
Restrictions on the location and type of outdoor lighting equipment, including
the direction of illumination;
f)
The installation of fences, walls and earth berms to create a visual barrier;
and
g)
Vegetative screens and other forms of landscaping.
medium and high density residential
13.6
The design and siting of high-density residential development will minimize potential
negative effects on all other types of dwellings.
noise guidelines
13.7
The appropriate Provincial noise guideline standards will be maintained for all new
development within or adjacent to Residential Areas or residential uses.
14
Built Form
high quality design
14.1
The Municipality will encourage the highest quality in design and amenity to be
incorporated into the design plans in all land use designations:
a)
Parking areas, loading areas and waste disposal storage areas should be
screened from adjacent public roads by buildings and landscaping;
b)
Landscaped strips should be installed around the entire periphery of the
property, except for entrances, exits and interconnections with adjacent
properties for pedestrians and vehicles;
c)
Parking areas should be paved, curbed and landscaped to an acceptable
standard;
d)
The exterior facade of buildings exposed to abutting public roads should be
designed to complement the existing streetscape;
e)
Exterior signs should be uniform in appearance, in terms of location, size,
shape, materials and colours to encourage design quality; and
f)
Off-street interconnections for pedestrians and vehicles between existing and
proposed development will be encouraged.
active and healthy communities
14.2
The Municipality will encourage land use patterns, facilities, and infrastructure that
support a multi-modal transportation system supporting active transportation and
physical activity. This could include sidewalks, trails, pedestrian lighting, and resting
locations. Infrastructure should be accessible with the provision of curb cuts and
ramps.
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built form OPA No. 1
14.3
When making land use decisions, when assessing development proposals, and
when planning infrastructure and public spaces, the Township will promote a built
form that is well-designed, encourages a sense of place, and provides for public
spaces that are of high quality, safe, accessible, attractive, and vibrant.
15
Energy Conservation
subdivision design
15.1
The Municipality will encourage energy conservation measures to be incorporated
into the design of development. Such measures, as the solar orientation of new lots
will be encouraged.
municipal conservation/energy management plan
15.2
The Municipality will develop a municipal conservation/energy demand management
plan consistent with Ontario Regulation 397 of 2011.
16
Community Improvement Policies
16.1
The entire Official Plan, deals with various aspects of community improvement,
however, the policies of this section are designed to assist the Municipality in the
identification and prioritization of Community Improvement Areas and Projects,
subject to available resources.
16.2
The entire Municipality will be designated as a Community Improvement Area.
Within the Municipality individual Community Improvement Project Areas may be
identified and prioritized. Criteria for selecting and designating these project areas
are outlined.
16.3
Objectives
The objectives in this section address the general aims of this Plan, as well as
specific aspects of community improvement. It is the objective of this section to
outline a basis for selecting and defining community improvement areas.
general objectives
16.3.1
For all areas, it is the intent of the Municipality:
a)
to contribute to an enhanced sense of community in the Municipality;
b)
to upgrade and improve municipal infrastructure where it is deficient;
c)
to enhance social and recreational facilities;
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d)
to aid in fulfilling the potential of commercial districts in the Municipality;
e)
to enhance the economic potential of the Municipality in order to foster
employment generating activity;
f)
to promote the redevelopment, reuse, and (if applicable) clean-up of
underused, vacant, and/or potentially contaminated sites; and
g)
to promote the development and marketing of a cultural identity as described
in Part D Section 12 to this Plan.
objectives for residential areas
16.3.2
In residential areas the Municipality intends:
a)
to maintain and rehabilitate older neighbourhoods;
b)
to upgrade and enhance hard municipal services in older neighbourhoods;
c)
to provide for the special housing needs of senior citizens, low income
families, and persons with disabilities; and
d)
to provide improved neighbourhood and residentially oriented recreational
facilities.
objectives for commercial districts
16.3.3
In commercial areas the Municipality intends:
a)
to enhance their role as community centres;
b)
to encourage redevelopment, intensification and revitalization;
c)
to upgrade and improve municipal infrastructure where deficient;
d)
to enhance the commercial streetscape for improved aesthetics, commercial
attractiveness, and to foster and improve pedestrian circulation systems;
e)
to foster links to areas of recreational and community activities;
f)
to foster better organization and availability of municipal or shared parking
areas;
g)
to encourage appropriate forms of residential development; and
h)
to eliminate land use conflicts.
objectives for industrial and service commercial areas
16.3.4
In industrial and service commercial areas the Municipality intends:
a)
to encourage appropriate development and redevelopment to facilitate
economic activity;
b)
to eliminate land use conflicts; and
c)
to upgrade access and servicing to industrial lands where deficient.
vacant, underused, and potentially contaminated lands
16.3.5
The redevelopment and reuse of vacant or underused lands, including contaminated
or potentially contaminated lands, is encourages in order to make use of existing
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land supply and infrastructure, and reduce the need for expansion of the built
environment and construction of new infrastructure and other municipal services.
16.3.6
An inventory of known vacant, underused, contaminated, and potentially
contaminated sites should be maintained including a list of current conditions and
options for redevelopment. Both private and public sector remediation and
redevelopment efforts and participation in Federal and Provincial financing
assistance programs are encouraged on such sites. The Township will consider
designating such sites as part of a Community Improvement Plan and will consider
the feasibility of providing public funds, grants, or loans or implementing incentive
programs such as the Tax Assistance or Brownfield Financial Tax Incentive
Programs.
16.4
Community Improvement Criteria
In order to achieve the objectives previously listed, a set of criteria for choosing
community improvement projects and delineating potential community improvement
project areas follow.
general criteria
16.4.1
The following are considered to be candidates for community improvement projects:
a)
areas where land use conflicts exist;
b)
areas which require upgrading or replacement of road surfaces, sewer or
water systems, storm water management systems, street lighting or
sidewalks;
c)
areas where social or recreational facilities are deficient;
d)
areas where environmental or natural heritage preservation and conservation
are deficient;
e)
areas where housing stock quality and/or quantity is in decline; or
f)
areas of population or economic decline.
criteria for residential project areas
16.4.2
In addition to the General Criteria the following criteria should be utilized to define a
Residential Project Area:
a)
areas of older housing stock in need of renovation or redevelopment;
b)
areas where special housing needs can be provided or accommodated; or
c)
areas where neighbourhood and other residentially oriented social and
recreational facilities are deficient.
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criteria for commercial districts
16.4.3
In addition to the General Criteria the following criteria should be utilized to define a
Commercial Project Area:
a)
areas where an active Business Improvement Association is operating;
b)
areas where streetscape improvements are needed;
c)
areas where the provision or improvement of links, particularly pedestrian
linkages, to areas of recreational and community activities; is feasible;
d)
areas of under-utilized commercial buildings;
e)
areas where specific works are required to facilitate desired redevelopment;
or
f)
areas where land use conflict exist.
criteria for industrial areas
16.4.4
In addition to the General Criteria the following criteria should be utilized to define an
Industrial Project Area:
a)
areas where land use conflicts exist;
b)
areas where property access is poor;
c)
areas where storm water management system is deficient; or
d)
areas where access, or sewer and/or water system improvements are
needed.
16.5
Potential Public Land Acquisition
16.5.1
The Municipality for community improvement purposes may acquire the following
lands:
a)
lands for neighbourhood, community parks, or environmental protection
areas;
b)
lands needed for purposes of facilitating commercial land assembly, or to
provide links and connections to public open space; or
c)
residential lots in an industrial designation to facilitate industrial land
assembly.
16.5.2
Actual acquisition will depend on financial resources, and whether circumstances
warrant acquisition when it is specifically considered. This policy does not represent
a commitment to acquire the lands so mentioned, nor does it limit the ability of the
Municipality to acquire lands in other locations for community improvement or other
purposes.
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16.6
Implementation
The following policies outline various methods of implementing the Community
Improvement Policies.
16.6.1
Community Improvement Project Area
16.6.1.1 Pursuant to the Planning Act, the Municipality may designate by By-law the whole or
any part of an area delineated as a potential Community Improvement Area as a
Community Improvement Project Area for the purpose of preparing a Community
Improvement Plan.
16.6.1.2 The Municipality may acquire and hold land within the Community Improvement
Project Area and clear, grade, or otherwise prepare the land for community
improvement.
16.6.1.3 Once a Community Improvement Plan has been prepared, the Municipality may
construct, repair, rehabilitate or improve buildings on land acquired or held by it in
the Community Improvement Project Area in conformity with the Community
Improvement Plan, and sell, lease or otherwise dispose of land acquired or held by
the Municipality in the Community Improvement Project Area to any persons or
governmental agency for use in conformity with the Community Improvement Plan.
16.6.1.4 For the purpose of carrying out the Community Improvement Plan, the Municipality
may make grants or loans to property owners within the Community Improvement
Project Area to pay for the whole or part of the cost of rehabilitating their properties
in conformity with the Community Improvement Plan.
16.6.2
Joint Studies and Development
Pursuant to the Planning Act, the Municipality may enter into agreements with any
governmental authority or agency, or with one or more other municipalities for the
carrying out of studies and the preparation and implementation of plans and
programmes for the development or improvement of the Municipality. Any
agreement other than an agreement with one or more municipalities requires
Ministry of Municipal Affairs approval.
16.6.3
Property Standards By-law
16.6.3.1 In order to ensure the proper repair and maintenance of buildings in the Municipality,
the Council may adopt a By-law pursuant to the Building Code Act, for the following:
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a)
for prescribing standards for maintenance and occupancy of property within
the Municipality and for prohibiting the occupancy or use of such property that
does not conform to the standards prescribed;
b)
for requiring property that does not conform with the standards to be repaired
and maintained to conform with the standards or for the site to be cleared of
all buildings, structures, debris or refuse and left in a graded and levelled
condition; and
c)
for prohibiting the removal from any premises of any sign, notice or placard
placed thereon pursuant to the property standards By-law.
16.6.3.2 The Municipality may, by By-law, provide for the making of grants or loans to
property owners to pay for the whole or any part of the cost of the repairs required to
be done, or of the clearing, grading and levelling of the lands required to bring a
property into conformity with the property standards By-law.
16.6.4
Demolition Control Areas
In order to encourage the preservation of historic and/or architecturally significant
buildings, the Municipality may pass a By-law to designate any area within the
Municipality to which a Property Standards By-law applies as an area of demolition
control. Thereafter, no person shall demolish the whole or any part of any
residential property in such area unless a demolition permit is issued by Council.
16.6.5
Cultural and Natural Heritage
16.6.5.1 As outlined in the Culture and Heritage policies of this Plan and in addition to the
other measures described in this Plan, the Municipality may make use of programs
under the Ontario Heritage Act to support the preservation of historic buildings.
16.6.5.2 In addition to the other measures described in this Plan, the Municipality may make
use of and work with the various programs from senior government to support the
preservation and conservation of natural heritage. Programs administered by the
Provincial or Federal government will be considered.
16.6.6
Bonus Zoning Provisions
In order to provide some flexibility in the provision of the Zoning By-law which
implements this Official Plan, and thus help implement the policies of this section,
the Municipality may pass a By-law pursuant to the Planning Act, to authorize
increases in the height and density of permitted development in return for such
facilities, services or matters as set out in the By-law.
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16.6.7
Co-operation with Community Groups
16.6.7.1 Local service clubs and organizations can be of great assistance in providing or
assisting to provide needed or desired community facilities. Council will actively co-
operate with groups seeking to provide such facilities, and will ensure that
appropriate recognition is provided.
16.6.7.2 Examples of such facilities that have been provided by such groups in the
Municipality and elsewhere include neighbourhood and community parks, street
furniture in commercial areas, library quarters, fire halls, and monuments.
16.6.7.3 Of equal importance are efforts made to organize special events, fall fairs, festivals
and promotions.
16.6.8
Use of Public Funding Programmes
The Municipality may make use of Federal and Provincial cost-sharing; funding or
incentive programmes in order to achieve desired community improvements.
17
Signs
In order to help promote a high standard of design, to help protect the amenity of the
Municipality, and to help avoid unsafe conditions for motorists, the Municipality may
prohibit or regulate signs and other advertising devices under a By-law passed
pursuant to the Municipal Act.
18
Home Businesses
18.1
Home businesses, including home occupations, home industries and bed &
breakfast establishments, have and will continue to emerge as alternate employment
sources as a result of changing technological, demographic and economic
conditions. They are recognized as a valuable component of the economy provided
that environmental and natural resources, including agricultural lands, are not
threatened. The residential and/or agricultural character and function of the lot and
surrounding land use activities must not be impaired by activities related to any
home business.
18.2
Home businesses will be encouraged in order to promote improved employment
opportunities; reduced employer/employee costs related to transportation, office
costs, clothing and child care expenses; more efficiencies of land, housing and
transportation resources; incubators for small businesses which are significant
creators of new jobs; enhancement of tourism; and improved access to services.
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18.3
The Municipality encourages home businesses in urban and rural areas. The
Municipality will incorporate provisions into the comprehensive Zoning By-Law to
permit home businesses and will distinguish between rural and urban home
businesses with respect to performance standards. Performance standards will
address issues related to maximum allowable floor space, control of emissions
including noise, outside storage, signage and parking.
18.4
Farm based home businesses tend to be more industrial in nature and are often
related to farm operations. They are important sources of supplemental income in
the Agricultural Area.
18.5
Home occupations will be responsible for ensuring they operate in a manner that
does not change the residential or agricultural character of their properties or
compromise the character or amenity of their neighbourhoods and shall be
responsible for ensuring compliance with the Zoning By-law.
18.6
Detached buildings in residential areas shall be kept to appropriate forms and sizes
as a means of discouraging inappropriate home occupations. Forms and sizes that
are more than required for typical residential needs or could support overly intensive
uses will be limited. Appropriate size limits shall be set in the Zoning By-law.
18.7
Home occupations that are appropriate and meet the intent of these policies should
not generate complaints. Home occupations that meet the intent of this Plan,
although not complying with one or more zoning provisions, will generally be granted
minor variances.
18.8
Temporary use by-laws may be permitted to allow a trial or incubation period
provided it would not result in the erection of buildings that would be inappropriate
on a residential lot in the long-term. Where a home occupation has grown to a size
or nature requiring a location in a commercial or industrial area a temporary use by-
laws may be used to provide a business a reasonable length of time to allow
relocation.
18.9
The intent of the policies of this Plan with respect to home and value added
businesses shall be used as a guide where the Zoning By-law requires interpretation
with respect to its home occupation provisions.
19
Local Economic Incubation
19.1
As a smaller, primarily rural community, the majority of local businesses are
expected to be those created by local entrepreneurs as opposed to businesses
locating from outside the area.
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19.2
The Township will seek to foster local entrepreneurship and home occupations while
protecting the character and amenity of residential and agricultural areas and
avoiding land use conflicts.
19.3
Creative, innovative, and knowledge-based jobs and local entrepreneurship are
encouraged. Businesses are encouraged to focus on niche markets that promote
arts and culture and build on the goods, services, community character, identity,
amenities, and resources unique to the area. Businesses are encouraged to work in
co-ordination with other businesses to establish and promote a common community
branding and sense of place.
19.4
When dealing with small and/or incubating businesses and entrepreneurs, the
Township will be conscious of the prohibitive nature of certain development and site
development costs. The Township will seek site development standards that
address environmental, community character, engineering and other land use
concerns while being conscious of costs to the property owner.
19.5
The Township will seek to provide appropriate designated areas for the relocation of
home businesses that have grown to a size that is no longer appropriate for the
location or designation in which they are located.
sustainable food system
19.6
Production of a greater variety of food locally has potential to create economic
growth in both the agricultural and tourism sectors. A greater variety of food
produced locally means less reliance on imported food and greater economic activity
retained locally. Celebrating locally produced food also contributes to community
pride and cultural identity. This Plan supports:
a)
improved linkages between local producers and major consumers like
restaurants, nursing homes, hospitals, and grocery stores,
b)
the establishment of a local food hub for the collection and distribution of
locally produced food,
c)
cooperation with other communities' food hubs to acquire foods not produced
locally and to distribute local produce to other communities,
d)
production of a greater variety of locally produced foods,
e)
marketing of unique local foods, producers, and processors aimed at
increased consumption of local foods and the creation of tourism attractions,
f)
increased local processing and packaging facilities, and
g)
local farmer's markets, farm-gate sales, and farm tours.
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20
Compatibility Criteria
The terms "compatible" or "compatibility" have been used in association with new in
relation to existing development. The following policies are provided in order to give
general guidance on what constitutes a consideration in establishing compatibility,
while maintaining enough flexibility to accommodate efficient as well as good, and in
some cases, innovative development.
general
20.1
New development, redevelopment, infilling, special residential and non-residential
land uses should be compatible with the established character of the area in which
they are proposed.
criteria
20.2
In assessing the compatibility of a proposal with the area in which it is proposed, the
following criteria should be reviewed to determine whether the proposal will:
a)
Disrupt the established uses on adjacent sites or surrounding areas;
b)
Create disruptive visual impressions which negatively affect the urban quality
of the area, or,
c)
Generate activity, noise or traffic levels which put undue pressure on the area
and its infrastructure and other support facilities.
physical character
20.3
Development in Residential areas will respect the established physical character of
those areas, although it should be noted that the term "respect" does not necessarily
mean "be the same as". When assessing development proposals, particular regard
will be had for the following:
a)
Size and configuration of lots;
b)
Heights, massing, scale and dwelling type of nearby properties;
c)
Predominant building types in the area;
d)
Setbacks of buildings from streets and lot lines;
e)
Any landscape or building features that contribute to a unique character in the
area; and
f)
Impacts on designated heritage buildings, districts or other features which
have been designated under the provisions of the Ontario Heritage Act.
mitigation measures
20.4
This Plan recognizes that compatibility between new and existing development may
be enhanced through the use of various measures such as the provision of buffers,
landscaping, site design, building arrangements on a site and building design.
Where there are concerns regarding the compatibility of new development with an
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existing area, the use of these measures will be explored with the proponent, and
some or all may be employed and implemented through tools such as site plan or
subdivision approval.
21
Affordable Housing
21.1
The Township acknowledges the importance of secure long term housing as a
foundation for quality of life providing a location to raise children, gather equity, and
plan for the future. Further, the Township acknowledges the provision of affordable
housing as an important component of community development and endorses the
County of Lambton Affordable Housing Strategy.
21.2
Affordable housing means housing for which the annual accommodation cost or rent
does not exceed 30 percent of gross household income, for which the purchase
price is 10 percent or more below market value, or for which rent is at or below
average market rent.
21.3
Efforts should be made to encourage the provision of affordable housing in the
Municipality, where practical. In this regard, the Municipality will assist the private
sector by:
a)
permitting a broad mix and range of lot and dwelling sizes and types and of
tenure choices;
b)
where appropriate, permitting second accessory dwelling units in residential
units or buildings accessory to a dwelling and permitting apartments within
non-residential buildings;
b)
requiring their location and integration with the existing population rather than
segregation or concentration with other affordable housing units;
c)
encouraging residential intensification, infill development, and redevelopment
and conversion of surplus non-residential buildings to residential use, where
practical;
d)
discouraging the demolition of surplus farm dwellings and encouraging their
maintenance as rental units; and
c)
adopting alternative development standards where deemed appropriate by
the Municipality.
21.4
Affordable housing and apartment units should be constructed with site layout and
accessibility standards that take into consideration the potential needs of intended
and future residents, including persons with disabilities.
Part E
Implementation
Section 22
Official Plan Reviews &
Amendments
Section 23
Zoning By-laws
Section 24
Existing, Non-Complying &
Non-Conforming Uses
Section 25
Site Plan Control
Section 26
Committee of Adjustment
Section 27
Land Division
Section 28
Special Studies
Section 29
Capital Works
Section 30
Financial Restrictions
Section 31
Interpretation
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22
Official Plan Review and Amendments
22.1
In accordance with the Planning Act, a special meeting of Council, open to the
public, will be held at least once every five years for the purpose of determining the
need for a comprehensive review of policies and land use designations of this Plan,
to ensure that it accurately reflects the changing needs and circumstances in the
Municipality.
22.2
Amendments to this Plan may be proposed from time to time. Council will consider
such amendments provided that:
a)
the original intent and purpose of the Plan is not radically altered;
b)
the amendment is needed and can be justified in light of accepted planning
principles; and
c)
adequate and full participation of the general public in the deliberations on the
merits of the amendment is undertaken.
22.3
In order to inform and obtain the views of the public in respect of any proposed
amendments or revisions to this Plan, the Township will at minimum:
a)
Make adequate information and material available to the public at the
Municipal office and any public meeting or open house, including at minimum
a copy of the proposed amendments or revisions,
b)
Hold at least one public meeting before Council at which the public may make
representation in respect of the proposed amendments or revisions,
c)
Hold at least one open house, in the case of a comprehensive review of the
Plan under Section 26 of the Planning Act,
d)
If the amendment or revision relates to a specific property or area, post on
site a notice of any public meeting or open house, provide direct notice to any
person who has specifically asked in writing for notice, and provide direct
notice to owners of property within 120 metres of the lands, and
e)
If the amendment or revision applies to a broad area or the entirety of the
Municipality or is of broader significance, advertise any public meeting or
open house in the local newspaper.
Where the Township feels the situation warrants, it may expand the notification area,
provide notification or information by such additional means as considered
appropriate, provide alternate means for the public to submit input, or host such
additional public gatherings as considered appropriate. OPA No. 1
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23
Zoning By-Laws
23.1
The Zoning By-law is the major legal document that implements the policies of the
Official Plan by regulating the use, location, density and design of development in
the Municipality. All lawfully existing uses that comply with the provisions of this
Plan may be recognized in the implementing Zoning By-law.
23.2
The land use and development policies of this Plan will be implemented for the most
part by a Zoning By-law.
23.2.1
In order to inform and obtain the views of the public in respect of any proposed
Zoning By-laws or amendments, the Township will at minimum:
a)
Make adequate information and material available to the public at the
Municipal office and any public meeting or open house, including at minimum
a copy of the proposed by-law or amendments,
b)
Hold at least one public meeting before Council at which the public may make
representation in respect of the proposed by-law or amendments,
c)
Hold at least one open house, in the case of a review of the by-law pursuant
to Section 26(9) of the Planning Act,
d)
If the amendment or revision relates to a specific property or area, post a
notice of any public meeting or open house on site, provide direct notice to
any person who has specifically asked in writing for notice, and provide direct
notice to owners of property within 120 metres of the lands, and
e)
If the amendment or revision applies to a broad area or the entirety of the
Municipality or is of broader significance, advertise any public meeting or
open house in the local newspaper.
Where the Township feels the situation warrants, it may expand the notification area,
provide notification or information by such additional means as considered
appropriate, provide alternate means for the public to submit input, or host such
additional public gatherings as considered appropriate. OPA No. 1
23.3
Holding Zones
23.3.1
Council may place certain lands in a holding ('H' or 'h') zone in conjunction with any
zoning category under the Planning Act. This procedure will enable the Municipality
to phase the actual development of these lands until such time as the lands are
required for the proposed use. During "holding periods" necessary concept plans,
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subdivision plans or development agreements may be prepared and/or plans for
municipal services, roads and community facilities may be created.
23.3.2
The holding ('H' or 'h') symbol will be removed by By-law passed pursuant to the
Planning Act. Although notice will be given by Council when a holding symbol is to
be removed, there can be no objection or referral to the Ontario Municipal Board.
However, should Council refuse to pass an amending By-law to remove the holding
symbol if it is felt the development is premature due to demand or failure to meet a
requirement of this Plan, the applicant may appeal the decision to the Ontario
Municipal Board in the normal manner.
23.3.3
Until the holding ('H' or 'h') symbol is removed, the implementing Zoning By-law will
permit existing uses, buildings and structures, in the interim period.
23.4
Temporary Use By-laws
The Council may, in a By-law passed pursuant to the Planning Act, authorize the
temporary use of lands, buildings or structures for any purpose set out therein that is
otherwise prohibited by the By-law. As these uses will be temporary, such uses do
not have to be limited to uses that conform to the Official Plan. A By-law authorizing
a temporary use will define the area to which it applies and the period for which it
shall be in effect, not to exceed three years from the date of passing of the By-law
(ten years in the case of garden suites). These time periods may be extended (by
By-law) for additional three-year terms. The temporary use will not become a legal
non-conforming use at the date of expiry of the By-law. The types of uses
envisaged by Council as using a temporary use By-law include, but are not limited to
parking lots, fairs, carnivals, ploughing matches, art-in-the-park sales, or temporary
use of a mobile home as a dwelling unit.
23.5
Interim Control By-laws
In accordance with the Planning Act, where the Council has by By-law or resolution
directed that a review or study be undertaken with respect to land use planning
policies in the Municipality, or any defined area or areas thereof, the Council may
pass an Interim Control By-law to be in effect for a period of time specified in the By-
law (less than one year) prohibiting the use of land, buildings or structures for, or
except for such purposes as set out in the By-law. Upon expiry, the period of time
during which the Interim Control By-law will remain in effect may be extended to a
maximum of two years from the date of initial passing of the By-law. If Council has
not passed a By-law under the Planning Act based on the study within the period of
time specified in the Interim Control By-law, the provisions of any By-law passed
under the Planning Act, that applied to the subject lands immediately prior to the
coming into force of the Interim Control By-law will again come into force, upon final
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expiry. Where an Interim Control By-law ceases to be in effect, the Council may not
for a period of three years pass a further Interim Control By-law that applied to any
land to which the original Interim Control By-law applied.
23.6
Bonus Zoning
23.6.1
In order to implement some of the policies of this Plan, the Council may pass a By-
law pursuant to the Planning Act, authorizing increases in height and/or density for
development permitted by this Plan, as an incentive to encourage landowners to
provide specific amenities. This type of By-law is referred to as a "Bonus Zoning"
By-law.
23.6.2
The Municipality may make use of bonus zoning to authorize increases in height
and/or density of development beyond that permitted by the implementing
comprehensive Zoning By-law in return for the provision of such facilities, services or
matters that would comply with the general intent of this Plan. These could include:
a)
preservation of heritage buildings and features;
b)
provision of a community centre or other community/cultural facilities;
c)
provision of additional parking spaces beyond the requirements of the Zoning
By-law that may be located on the site or on adjacent lands;
d)
provision of additional open space beyond any conveyances under the
Planning Act;
e)
provision of additional road or servicing improvements;
f)
preservation of woodlots or environmentally significant/sensitive areas which
would not be accepted as parkland dedication; or
g)
provision of a wide range of housing types including assisted housing or other
low-income housing types.
23.6.3
The Bonus Zoning provisions of this Plan may be implemented by the Council
through a By-law passed under the authority of the Planning Act, which constitutes
the enabling legislation.
23.6.4
The By-law will identify areas where the bonus provisions would apply, and will:
a)
contain detailed development standards that would apply when the bonus is
awarded. If the bonus were not awarded, the standards of the basic zoning
category assigned to the site would apply;
b)
specify the bonus standard's relationship to the required conditions in order
for these bonus standards to apply to the site;
c)
specify the amount by which the height and/or density of the development
would be increased in exchange for certain facilities, services or matters;
d)
specify the matters to be addressed within the agreement. The reference in
the By-law will not make the bonus awarded conditional on entering into the
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agreement. It should be clear that as part of the bonus being awarded and
the standards applying, the agreement will be entered into; and
e)
be written in such a way as to ensure that discretion cannot be applied. If the
conditions to be met and bonus to be awarded are all agreed to and set out in
an agreement, a further rezoning should not be necessary.
23.6.5
In all cases, the increase would be based on a site-specific review, taking into
account, location, surrounding land uses and design considerations, and in each
instance the standards proposed must comply with the policies of this Plan.
Bonusing By-laws will only apply to lands where full municipal servicing is available.
24
Existing, Non-Complying and Non-Conforming Uses
24.1
Existing Uses
Uses that are in existence on the date of the adoption of this Plan by Council may be
recognized in the implementing Zoning By-law only on the same lot or parcel of land
on which they were situated on the said date provided Council is convinced such
uses do not impose adverse effects on neighbouring properties.
24.2
Non-Complying Uses
24.2.1
In some cases a land use may be recognized as a permitted use under the
implementing Zoning By-law but may be non-complying with respect to various
regulations of the By-law. This can be the result of a change in the standards of the
Municipality.
24.2.2
In such cases, the Zoning By-law may allow for additions to non-complying buildings
or structures and erection of buildings and structures accessory to a non-complying
building or structure, provided that the provisions of the Zoning By-law are not
further contravened. A further contravention means the making of an addition to an
existing non-complying building or structure, any part of which addition does not
comply with the required setbacks or any other provision of the Zoning By-law.
24.3
Non-Conforming Uses
continuation of use
24.3.1
Nothing in this Plan will adversely affect the continuation of a use that was legally
established as of the date of adoption of this Plan. Any land use existing as of the
date of adoption of this Plan that does not conform with the land use designations as
shown on Schedule "A" to this Plan or the policies related thereto should, as a
general rule, cease to exist over the long term and will not be recognized as a
permitted use in the implementing Zoning By-law.
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24.3.2
Uses that are not permitted in the Zoning By-law have the right to continue
indefinitely provided that the use of the property remains the same as on the day the
By-law was passed and continues to be used for that purpose.
extensions or enlargements
24.3.3
In special instances, it may be desirable to permit the extension or enlargement of a
non-conforming use in order to avoid unnecessary hardship.
conditions
24.3.4
In considering applications to permit an extension or enlargement of a non-
conforming use, Council will have regard to the following matters:
a)
the land use designations and policies of this Plan;
b)
the feasibility of acquiring the property pursuant to the Planning Act;
c)
the possibility of relocating the use;
d)
the impact of the proposal on the immediate area;
e)
the size of the enlarged operation related to the existing use;
f)
the degree to which any objectionable features of the use may be increased
by the proposal;
g)
the possibilities of reducing the objectionable features through landscaping,
buffering, etc.;
h)
the adequacy and availability of municipal services;
i)
the impact of the proposal on environmental functions, features and linkages;
j)
the effect of existing environmental hazards;
k)
the adequacy and availability of sanitary sewage, storm water and water
services.
l)
the extent to which the nature of the operation may change: and
m)
whether the extension would only alleviate hardship and allow the use to
continue as before or whether the extension would potentially perpetuate its
use indefinitely.
replacement or repair
24.3.5
Non-conforming uses which have been destroyed or partially destroyed by an act of
God such as fire, winds, and so on, may be replaced or repaired. However, prior to
granting permission to repair or replace a non-conforming use in order to minimize
the detrimental effects of the non-conforming use, the Municipality should be
satisfied that:
a)
the size of the building or structure to be replaced is the same size as the
building or structure destroyed;
b)
if the site of the non-conforming building or structure is in contravention to one
or more provisions of the Zoning By-law, then it shall be a policy of this Plan
to encourage the building or structure to be replaced in compliance with the
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provisions of the Zoning By-law to the extent possible, and in no case shall it
further contravene the provisions of the said By-law;
c)
where the non-conforming use is located in an area designated as a site plan
control area pursuant to the Planning Act, the Site Plan Control policies of this
Plan will apply;
d)
the possibility of reducing any objectionable features through landscaping and
buffering should be encouraged;
e)
the use cannot be relocated;
f)
it is not feasible to acquire the property pursuant to the Planning Act; and
g)
sanitary sewage, storm water and water services are adequate.
25
Site Plan Control
25.1
Establishment of Site Plan Control Area
25.1.1
Pursuant to the Planning Act, all lands within the Municipality are designated as a
proposed site plan control area.
25.1.2
The Council may, by By-law, designate the whole or any part of the Municipality as a
site plan control area, either geographically or by reference to one or more zones
contained in the implementing Zoning By-law. Low-density residential development
and agricultural buildings and structures are not normally subject to site plan control
unless specifically indicated in the implementing Site Plan Control By-law.
25.2
Approval of Plans or Drawings
25.2.1
No person will undertake any development in an area designated as a site plan
control area unless Council has approved one or both, as Council may determine, of
the following:
a)
Plans showing the location of all buildings and structures to be erected and
showing the location of all facilities and works to be provided in conjunction
therewith and of all facilities and works required under this section; and
b)
drawings showing plan, elevation and cross-section views for each building to
be erected, and displaying:
i)
the massing and conceptual design of the proposed buildings;
ii)
the relationship of the proposed building to adjacent buildings, streets,
and exterior areas to which members of the public have access; and
iii)
the provisions of interior walkways, stairs, elevators to which members
of the public have access from streets, open spaces and interior
walkways in adjacent buildings.
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25.2.2
The Municipality will work with the County to develop Site Plan guidelines that can
be used by development proponents when preparing their site plans and by the
Municipality when reviewing site plans.
25.2.3
Conditions to Approval of Plans
As a condition to the approval of the plans and drawings referred to in Section 25.2,
the Municipality may require the owner of the land to:
a)
provide to the satisfaction of and at no expense to the Municipality any or all
of the following:
i)
widening of highways that abut on the land subject to the Planning Act.
Widening will be in accordance with the Transportation policies of this
Plan;
ii)
facilities to provide access and curbing and traffic direction signs,
subject to the Public Transportation and Highway Improvement Act;
iii)
off-street vehicular loading and parking facilities, either covered or
uncovered, access driveways for emergency vehicles, and the
surfacing of such areas and driveways;
iv)
walkways and walkway ramps including surfacing thereof, and all other
means of pedestrian access;
v)
facilities for the lighting, including flood-lighting, of the land or of any
buildings and structures thereon;
vi)
walls, fences, hedges, trees, shrubs or other ground-cover or facilities
for the landscaping of the lands or the protection of adjoining lands;
vii)
vaults, central storage and collection areas and other facilities and
enclosures for the storage of garbage and other waste material;
viii)
easements conveyed to the Municipality for the construction,
maintenance or improvement of watercourses, ditches, land drainage
works, sanitary sewage facilities and other public utilities of the
Municipality or local board thereof on the land;
ix)
grading or alteration in elevation or contour of the land and provision
for the disposal of storm, surface and waste water from the land and
from any buildings or structures thereon;
x)
facilities, designs, and/or layouts to make buildings and sites
accessible for persons with disabilities and to remove barriers
consistent with provincial accessibility standards;
xi)
building, site layout, and landscaping designs and facilities that
promote energy efficiency;
xii)
building, site layout, and landscaping designs and facilities that
implement principles of "Crime Prevention through Environmental
Design (CPTED)" to reduce potential crime and safety hazards; and
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xiii)
building, site layout, and landscaping designs and facilities that
promote physical activity and the use of active transportation such as
bicycles;
b)
maintain to the satisfaction of the Municipality and at the sole risk and
expense of the owner any or all of the facilities or works set out in Section
25.2.3 a) ii) to xiii), inclusive, including the removal of snow from access
ramps and driveways, parking and loading areas and walkways; and
c)
enter into one or more agreements with the Municipality dealing with and
ensuring the provision and maintenance of any or all of the facilities, works or
matters set out in this subsection, or with the provision and approval of the
plans and drawings referred to in Section 25.2. Such agreements may be
registered against the land to which they apply.
26
Committee of Adjustment
26.1
Powers of Committee
26.1.1
The Committee of Adjustment, pursuant to the Planning Act, has the power to:
a)
authorize a minor variance from the provisions of the Zoning By-law or an
Interim Control By-law in respect of land, buildings or structures on the land or
the use of the land;
b)
permit the enlargement or extension of a non- conforming building or
structure and/or a change in use of land, building or structure from one non-
conforming use to another;
c)
permit the use of land, buildings or structures for any purpose that in the
opinion of the committee conforms with the uses permitted and defined in
general terms in the By-law; or
d)
authorize a minor variance from the provisions of any By-law that implements
this Plan in respect of land, buildings or structures on the land or the use of
land, provided that the committee has been empowered to do so by municipal
By-law.
26.1.2
It should be noted that the Committee of Adjustment has no power to permit the
enlargement or extension of lands that are used for a non-conforming purpose, nor
does it have the power to permit the erection of a new building or structure. The
authority to authorize the extension or enlargement of lands that are used for a non-
conforming purpose rests with Council, pursuant to the Planning Act. In this regard
the relevant policies of this Plan regarding Non-Conforming Uses shall apply.
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26.2
Guidelines for Committee of Adjustment Approvals
26.2.1
Minor Variance
When dealing with an application for minor variance, the Committee must consider
the following matters and refer to them in its decision:
a)
is the requested variance minor;
b)
is the general intent and purpose of the Official Plan maintained;
c)
is the general intent and purpose of the Zoning By-law (or other By-law which
implements this Plan) maintained; and
d)
is the minor variance desirable for the appropriate development or use of the
land, building or structure.
26.2.2
Permission Regarding Non-Conforming Use
When dealing with an application for permission to enlarge or expand a non-
conforming use, the Committee will consider the following matters:
a)
has the non-conforming use continued from the date of passing of the Zoning
By-law to the date of application to the Committee;
b)
was the non-conforming use legally established under the laws in force at that
time;
c)
would any enlarged buildings or structures be used for the same purpose as
the original buildings or structures were used on the day the By-law was
passed;
d)
would any change of use be similar to the previous use or be more
compatible with the uses permitted by the By-law;
e)
would the intent and purpose of this Plan be affected in any way;
f)
what impact would the proposal have on the neighbourhood;
g)
how does the size of the enlarged use compare with the existing use;
h)
to what degree would any objectionable feature of the use be increased by
the proposal;
i)
is there a possibility of reducing the objectionable features through
landscaping or buffering;
j)
are the required municipal services available and adequate;
k)
the adequacy and availability of sanitary sewage, storm water and water
services.
l)
the extent to which the nature of the operation may change: and,
m)
whether the extension would only alleviate hardship and allow the use to
continue as before or whether the extension would potentially perpetuate its
use indefinitely.
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26.2.3
Permission Regarding Use
When dealing with an application for permission regarding a use defined in general
terms, the Committee must consider the following matters:
a)
is the general intent and purpose of the Official Plan maintained; and
b)
does the proposed use conform to the uses permitted in the Zoning By-law.
26.2.4
Certificate of Validation
26.2.4.1 Past errors in the registration of instruments at the Land Registry Office may have
constituted contraventions of Section 50 of the Planning Act. Such errors may come
to light from time to time and create a cloud on title for one or more parcels of land.
26.2.4.2 Pursuant to Section 57 of the Planning Act, R.S.O. 1990, upon application by any
person with an interest in the matter, the Committee of Adjustment may issue a
Certification of Validation, which will have the effect of correcting past errors and
clearing title. The process has no notification requirements and is not subject to
appeal.
26.2.4.3 The Committee shall pass a motion directing the Secretary-Treasurer of the
Committee to issue a certificate where all of the following criteria are met:
a)
the certificate conforms with this Plan, the Official Plan of the County of
Lambton, the zoning by-law, and any Minister's Zoning order issued under
Section 47(1)(a) of the Planning Act;
b)
the Committee has regard to the matters described under Section 51(24) of
the Planning Act;
c)
the Committee imposes a condition requiring the applicant to pay a fee
sufficient to cover the Township's costs of administration and registration of
the certificate; and
d)
such matters as the Committee or Township may deem appropriate.
27
Land Division
27.1
General
27.1.1
The creation of new lots will only be permitted when they conform to the policies of
this Plan and the regulations of the Zoning By-law.
27.1.2
In addition to those criteria contained in Section 51 (24) of the Planning Act, the
following policies will apply to all new lots:
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a)
The size of any lot created must be appropriate for the proposed use having
regard to the topography of the land, the siting of proposed buildings, and
points of access;
b)
The lot must front onto and have direct access to an improved public roadway
that is maintained on a year round basis and is of a standard of construction
adequate to accommodate the additional traffic generated;
c)
Severances will not be granted where access to the lot will create a traffic
hazard because of limited sight lines or proximity to an intersection;
d)
Severances may be granted to adjust lot boundaries or to increase the size of
existing substandard lots, provided that no new undersized lot is created;
e)
The severance must not result in landlocked parcels;
f)
The soil conditions must be appropriate for the services proposed, and all
private water supply and/or sewage disposal must meet the requirements of
the Province, the County, and the Municipality;
g)
The creation of a lot in an area susceptible to defined portions of the flooding
and erosion hazard, including the floodway and areas rendered inaccessible
to people and vehicles, is prohibited. The creation of a lot in a natural heritage
or environmental constraint area will not be permitted unless it can be
demonstrated that the hazard can be safely addressed in accordance with
established standards and procedures, and/or it has been demonstrated that
there will be no negative impacts on the natural features or the ecological
functions for which the area has been identified;
h)
Where development is permitted by infilling, 'Infilling' means the creation of
one additional lot between two existing developed lots, which are situated on
the same side of the road and are not more than 100 metres apart;
i)
Where development is permitted by minor expansion of the built-up area,
'Minor Expansion' means an expansion of the built-up area, which does not
result in significant increases in the existing density of development; and
j)
New lots that result in or extend ribbon development along roads where
services and/or existing development do not exist will not be permitted.
27.1.3
Recognizing that the County of Lambton oversees the application, notification, and
approval processes for applications for approval of plans of subdivision, in order to
inform and obtain the views of the public in respect of an application of approval for
a plan of subdivision, the Township will:
a)
Make adequate information and material available to the public at the
Municipal office and any public meeting, including at minimum a copy of the
application and draft plan of subdivision, and
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b)
Have the County Approval Authority host at least one public meeting before
Township Council, at which the public may make representation in respect of
the proposed plan of subdivision.
Where the Township feels the situation warrants, it may provide notification or
information in addition to that provided by the County by such means as considered
appropriate, provide alternate means for the public to submit input, or host such
additional public gatherings as considered appropriate. OPA No. 1
27.1.4
In order to inform and obtain the views of the public in respect of an application for
consent, the Township will at minimum:
a)
Make adequate information and material available to the public at the
Municipal office and any public meeting, including at minimum a copy of the
application for consent,
b)
Hold at least one public meeting before Council, or a committee of Council, at
which the public may make representation in respect of the proposed
consent, and
c)
Post on site a notice of any application for consent and public meeting date,
provide direct notice to any person who has specifically asked in writing for
notice, and provide direct notice to owners of property within 60 metres of the
lands.
Where the Township feels the application is of broader significance or otherwise
warrants, it may provide notice in the local newspaper, expand the notification area,
provide notification by such additional means as considered appropriate, or provide
alternate means for the public to submit input. OPA No. 1
27.2
Multiple Consents
In some cases multiple lot severances may be more appropriate than proceeding
through a plan of subdivision (e.g. where all proposed lots front onto an existing
road, or where only minor extension of services is required). In order to ensure that
the multiple severance process does not circumvent proper planning procedures and
principles the following policies are applicable.
authority
27.2.1
The Municipality may require a plan of subdivision as opposed to multiple
severances. The number of lots shall generally be limited to three; however, the
Municipality will determine whether the proposal should proceed through a plan of
subdivision.
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services
27.2.2
Applications for multiple severances will only be considered where full municipal
sewage and water supply are readily available with uncommitted reserve capacity.
designations
27.2.3
Lands to which the multiple severances apply must already be designated for the
proposed use. Where an Official Plan amendment is required, the amendment must
be approved prior to a decision on the related severance application(s).
severance agreement
27.2.4
Every lot shall be subject to a comprehensive severance agreement entered into
with the Municipality. This agreement would be similar to a subdivision agreement
and will ensure provision of services to municipal standards.
27.3
Plans of Subdivision
27.3.1
A Plan of Subdivision will generally be required where more than three lots are to be
created where new or extended services such as roads, water and sewers are
required to service the property, or where there is potential for further lot creation
from the same holding. In evaluating subdivision proposals the Municipality will be
guided by the provisions of Section 51(24) of the Planning Act and the policies of
this Plan, including the following.
timing
27.3.2
The Municipality must be satisfied that the proposed plan of subdivision is not
premature by examining such factors as expected population growth, the number of
undeveloped and draft approved lots in the community, and the capacities of the
servicing systems.
appropriateness of development
27.3.3
The proposed development must be appropriate for the area in terms of housing
type, lot size, density of development, and design of development.
access
27.3.3.1 Development through plan of subdivision must not have the effect of land locking
any undeveloped lands adjacent to the site.
27.3.3.2 Where necessary, the development pattern of the subdivision will make provision for
access to adjacent undeveloped lands.
27.3.3.3 Every lot within a plan of subdivision must have frontage on a public road, open and
maintained year round, and of an acceptable standard of construction.
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27.3.3.4 With the exception of small developments, individual lots should have access to
internal roads, which in turn intersect with an existing public road. Direct access
from individual lots to major traffic thoroughfares will be discouraged.
servicing
27.3.4.1 Proposed plans of subdivision must be provided with adequate services.
27.3.4.2 New plans of subdivision must not require any extensions to existing municipal
services, which would result in an undue cost to the Municipality. Where the
servicing of new development requires extensions and/or improvements to municipal
services, such services will be financed and constructed by the developer before
being turned over to the Municipality.
character of the site
27.3.5
The physical character of the site, including topography, soil types, drainage and
hazard potential must be appropriate for the type of development proposed.
design
27.3.6.1 Consideration will be given to lot layout, lot sizes, road patterns, energy efficiency,
location and provision of open space, and location and provision of community
facilities when assessing the design of a plan of subdivision.
27.3.6.2 The physical patterns of the plan of subdivision should be generally compatible with
the design of existing development on adjacent lands. New development should be
orderly and contiguous to existing development and the design should facilitate
future extensions to the urban area. In general, road patterns should provide for
public safety and emergency access.
27.4
Plans of Condominium
The policies of this Plan for plans of subdivision will apply to proposed Plans of
Condominium submitted under the Condominium Act, with the exception that lots
and/or units may front on an internal private road shown on the Plan of
Condominium.
27.5
Oil Heritage Conservation District
27.5.1
Notwithstanding the policies of this section, the creation of new lots for properties
identified as being within the "Oil Heritage Conservation District" on Schedule "A" is
discouraged to preserve the historic lot fabric identified within the Oil Heritage
Conservation District Plan.
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27.5.2
Consents may be granted for the purposes of long-term lease agreements for
petroleum works.
28
Special Studies
28.1
General
Despite the policies of this Plan, Council recognizes and accepts its responsibility to
carry out special studies of the Municipality as the need arises. Such studies will be
aimed at developing implementable policies for Council and/or other government
bodies to follow. Where necessary, amendments to this Plan will be undertaken as
a result of these studies.
28.2
Submission Requirements
28.2.1
Where an application is submitted under the Planning Act for an amendment to this
Plan or the Zoning By-law, for a minor variance or permission, or for a consent or
plan of subdivision or condominium approval, or any other approval required, the
applicant will be responsible for the completion and submission of such of the
following information or materials as deemed necessary by the Municipality:
natural heritage
a)
An environmental impact statement where development would encroach on
or is adjacent to and could potentially disrupt or negatively impact natural
areas, features, or functions.
b)
Forest management or tree preservation plans where site development or lot
creation is permitted within forested areas.
land use compatibility
c)
Noise and/or vibration studies where development is proposed in proximity to
high traffic roads or major points of noise emissions.
d)
Noise, odour, dust and/or vibration assessments where development with
potentially significant emissions are proposed in proximity to residential or
other sensitive uses.
e)
Environmental screening reports or other generic evaluations for
developments subject to an environmental evaluation under the
Environmental Protection Act or other legislation.
economic
f)
A business plan and/or marketing study showing the viability of a proposed
new land use or business, e.g., a residential needs justification study.
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g)
An economic impact study of the effects of a new business or loss of a
business or industry on the local economy, labour force and/or housing
market.
h)
Employment lands needs study where lands are proposed to be removed
from a commercial or industrial designation.
i)
Conceptual development and servicing plans and an economic viability
assessment where proposed development would leave remnant parcels with
marginal economic incentives for development.
j)
Studies on the impacts to key local commercial and retail areas where new or
expanded commercial areas or uses are proposed.
natural or man-made hazards
k)
Flood line mapping, where development is located within areas where no
engineered flood line exists.
l)
Slope stability, geotechnical and/or erosion rate studies where development is
proposed near the top-of-bank of a major watercourse or significant slope.
m)
An environmental assessment and/or record of site conditions where
development is proposed within 500m of a closed or active land fill site or for
a change to a "more sensitive" land use on a property known or suspected to
have had past uses that may have left contaminants.
resources
n)
Operation and rehabilitation plans where a new extractive use is proposed.
o)
An aggregate impact assessment, where a proposed land use may limit
access to aggregate deposits, to determine the viability of aggregate
extraction.
p)
An agricultural impact study quantifying impacts to local agricultural
operations and loss of agricultural resources and revenues to the local
economy.
engineering
q)
Sewer capacity studies, where sewers exist and where new designations or
proposed increases in density are proposed.
r)
A conceptual stormwater management report or explanation for why one is
not required as part of a plan of subdivision or condominium application.
s)
Conceptual servicing plans in support of a draft plan of subdivision,
condominium or site plan application.
t)
A lot grading plan where site grades may have an impact on site or plan
layout or servicing.
u)
A stormwater management report or explanation for why one is not required
as part of a site plan application.
v)
Servicing capacity studies for proposed land uses with high volume water
use.
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w)
Engineering studies to explore the potential to oversize services or facilities to
accommodate future development on abutting lands and the consolidation of
infrastructure.
character & cultural heritage
x)
A visual impact assessment where increases in height or density or very
prominent land uses are proposed.
y)
Landscape or streetscape plans by or prepared in consultation with a
professional landscape or urban designer for the submission of a site plan or
plan of condominium.
z)
A heritage impact study for new development in or in proximity to districts or
properties designated under the Ontario Heritage Act.
aa)
An archaeological assessment where a proposed plan of subdivision is
located in an area with known archaeological sites or potential for
archaeological resources are per Ministry criteria.
traffic/parking
ab)
A traffic impact study, in connection with site plan approval, lot creation or
land use designation changes, where new road access points or increased
traffic volumes may create visibility or traffic congestions concerns.
ac)
A parking study, where a proposed land use proposes to provide fewer
parking spaces than required in the Zoning By-law or may significantly alter
the existing supply and/or demand for private and/or public parking spaces.
ad)
Transportation feasibility study to determine if the standards of roads and/or
necessary modes of transportation required for a proposed land use exist.
miscellaneous
ae)
Other information or materials as specified elsewhere in this Plan.
af)
Such other information or materials as the Township or its delegates, at their
discretion, reasonable feel is pertinent in assessing an application for an
approval under the Planning Act.
ag)
Hydrogeological or soils studies where communal or private sewage
treatment facilities are proposed.
28.2.2
Applicants shall consult with staff and, if necessary, Council to determine which
information and materials are necessary in support of an application. Additional
information or materials may be required as determined through review of the
application and/or the public consultation process, and the Township may withhold a
decision pending such information.
28.2.3
Applications for Official Plan or Zoning By-law amendment and applications under
Section 51 of the Planning Act, in particular, will be deemed to have been submitted
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only upon receipt of all required submissions. Staff shall inform an applicant when
their application is deemed complete.
28.2.4
The Township may require that the information be prepared by a person or firm of its
choice or be reviewed independently by a third party. Information, including any third
party review, shall be provided at the expense of the proponent except where the
Township specifically agrees to share costs.
28.2.5
The information and materials listed and the situations in which they are listed as
required are not exhaustive. The Township may also determine that a particular
study does not need to be submitted as part of an application on a case by case
basis.
29
Capital Works
The construction of all public works within the Municipality will be carried out in
accordance with this Plan and Community Improvement Plan and within the financial
capacity of the Municipality.
30
Financial Restrictions
The ability of the Municipality to finance public services is dependent upon property
taxes and related to the type of development that occurs. Future development will
be regulated by this Plan to ensure that the level of expenditure and debt, as
compared to revenue and equalized assessment is maintained at equitable levels.
Council may:
a)
restrict development if the amount of such development causes an imbalance
in the assessment ratio; or
b)
delay any proposed development where it becomes necessary to carry out
large-scale public works to adequately serve such development.
31
Interpretation
Although this document is a long term comprehensive Official Plan, it is not intended
that this Plan be inflexible and rigid in its interpretation. The following guidelines will
be used in the interpretation of the policies and Land Use designations.
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31.1
Land Use Boundaries
It is intended that the boundaries of the land use designations be considered as
approximate unless they are bounded by roads, railways or other physical or
geographical barriers. Therefore, amendments to this Plan will not be required in
order to make minor adjustments to the approximate land use boundaries or to the
location of roads provided the general intent of the Plan is preserved.
31.2
Numerical Criteria and Standards
It is intended that all numerical criteria and standards listed in the text will be
considered as approximate only and not absolute. The numbers are intended only
for the general guidance in the administration of the Plan. Amendments to this Plan
will not, therefore, be required for any minor changes from any of the numerical
criteria and standards used throughout the text of the Plan.
31.3
Meaning
Where the meaning of any phrasing or any part of any section is unclear, the
meaning of such will be determined firstly, within the context of the general policy
direction provided by this Plan and secondly according to interpretations that
harmonize with the Official Plan of the County of Lambton.
31.4
Lists
Where a policy includes a list of bullet point or numbered items, all text included
under a bullet point or number is considered one item even if there are multiple
sentences. All items in the list are applicable to the policy whether or not joined by a
comma, semicolon, and/or the conjunction "and". In particular, in lists of
considerations all items must be considered, and in lists of requirements or
conditions all items must be met. However, when the conjunction "or" is used, of the
item immediately following and all items preceding the "or" in the list (and not
separated by another conjunction, a change in punctuation, or a change in bullet
point or number level), only one of the items need apply. Items joined by commas
within a list of items joined by semicolons should be regarded as a list within a list,
that is, one item within the larger list. Likewise, where multiple conjunctions are
used within a list, the items joined by the additional conjunctions should be regarded
as one item within the larger list. Exceptions to these interpretive rules shall apply
where the policy itself indicates or the context requires otherwise.
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31.5
Permitted Uses
The examples of permitted uses that are listed in the Plan are not meant to be
complete or exhaustive but to illustrate the range of activities or uses which are
permitted within each land use designation, unless the use is specifically prohibited.
31.6
Reference to Acts
31.6.1
In this Plan, any reference to a Provincial or Federal Act of the legislature refers to
the Acts as amended from time to time, any successors to these Acts and the latest
decennial revisions.
31.6.2
Any reference to specific public agencies or bodies includes their successors in
responsibility for those matters mentioned.
31.7
Public Information
31.7.1
A public participation program will be undertaken in conjunction with the preparation
and review of any Official Plan, Community Improvement Plan or Zoning By-law.
The purpose of each program will be to increase public knowledge of the planning
process and to provide an opportunity for the public to respond to proposals at a
public meeting held by Council or the Planning Committee of Council.
31.7.2
Where a planning proposal or amendment requires changes to more than one
document, Council or the Planning Committee of Council may hold a public meeting
to consider the proposed changes jointly, and the public notification procedures for
such a meeting will be in accordance with provisions set out in this section, and
notification may be joint.
31.7.3.1 Council may forego public notification and public meeting(s) in connection with
changes to the Official Plan, Community Improvement Plan and Zoning By-law
where it is determined by the Clerk or Chief Planning Official that such changes
relate to a consolidation of documents, including the following matters:
a)
Deleting obsolete provisions;
b)
Altering the section number and/or the order of any provisions;
c)
Altering language or punctuation to obtain a uniform mode of expression;
d)
Correcting clerical, grammatical or typographical errors that do not change
the purpose or effect of any policies or regulations;
e)
Inserting historical footnotes or similar annotations to indicate the origin and
approval of each provision; and
f)
Change a format.
31.7.3.2 All changes must be adopted by Council in order to take effect.
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31.8
Relationship between Policies
All policies of this Plan are intended to be read together to determine the conformity
of any matter to this Plan. Individual policies are to be applied and interpreted within
the context of the entire Plan.
31.9
Development Approvals
The Municipality shall facilitate and expedite, in conjunction with the County and
affected agencies, the development approval process by:
a)
investigating and implementing measures to eliminate duplications,
consolidate responses, and reduce time delays;
b)
enforcing reasonable time deadlines;
c)
encouraging proponents of development proposals to consult with staff prior
to the submission of applications; and
d)
monitoring approval processes and setting time-frame targets for processing
applications.
31.10
Economic Development
31.10.1
The Municipality in co-operation with the County shall monitor the location, type and
characteristics of business and the supply of serviced lands for new business. The
Municipality may participate in inter-municipal co-operative efforts in connection with
the location of new business, recognizing that the economic benefits of new
business accrue to the entire County.
31.10.2
The Municipality will support community economic development initiatives.