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OFFICIAL PLAN
CONSOLIDATION
FOR THE
TOWNSHIP OF HARLEY
PN: 0332/2
DRAFTED: 15 December 2004
THE PLANTARIO GROUP LTD.
EAST YORK, ONTARIO
TABLE OF CONTENTS
-
SECTION
PAGE
1
INTRODUCTION
(1)
Title of By-law
1
(2)
Contents of Plan
1
(3)
Scope of Plan
1
(4)
Purpose of Plan
2
2
BASIC AND OBJECTNES
(1)
Basic of Plan
3
(2)
Objectives of Plan
4
3
SERVICE POLICIES
(1)
Water Supply and Sewage Disposal
8
(2)
Solid Waste Disposal
10
(3)
Roads
12
(4)
Utilities and Public Safety
15
(5)
School
16
(6)
Parks and Recreation
16
4
LAND DIVISION POLICIES
(1)
Guidelines for Subdivision Approval
18
(2)
Guidelines for Land Severance Approval
20
5
GENERAL LAND USE POLICIES
(1)
Standards and Agreements
28
(2)
Site Conditions
28
(3)
Building Requirements
31
(4)
Site Amenities
33
(5)
Non-Conforming Uses
34
(6)
Conversion of Uses
38
(7)
Public Uses
38
(8)
Accessory Uses
39
(9)
Crown Lands
39
(10)
Group Homes
39
TABLE OF CONTENTS Cont'd
SECTION
PAGE
5
GENERAL LAND USE POLICIES Cont'd
(11)
Heritage Conservation
(12)
Energy Conservation
(13)
Housing
(14)
Wetlands
6
LAND USE POLICIES
(1)
Land Use Plan
(2)
Environmental Protection
(3)
Agriculture
(4)
Rural
7
IMPLEMENTATION
(1)
General
(2)
Application Processing Fee By-law
(3)
Land Use Controls
(4)
General Controls
(5)
Development Charges By-law
8
INTERPRETATION
(1)
Land Use Boundaries and Roads
(2)
Quantities
(3)
Metric Units
(4)
Agency Names and Responsibilities
(5)
Legislation
9
ADMINISTRATION
(1)
(2)
Plan Information
Plan Review
ii
40
40
41
41
42
42
45
54
64
64
64
68
72
73
73
73
73
74
75
75
TABLE OF CONTENTS Cont'd
SECTION
PAGE
9
ADMINISTRATION Cont'd
SCHEDULE
A
(3)
Plan Amendments
( 4)
Development Review
iii
75
76
FOLLOWING PAGE
76
OFFICIAL PLAN CONSOLIDATION
TOWNSHIP OF HARLEY
This document is not to be considered a legal document, but rather
a reference to reduce the confusion with the number of documents
presently in place. Where there is a question of status for a
property, reference must be made to the original documents. The
consolidation includes the following documents:
1.
The Official Plan as approved by the Minister of Municipal
Affairs and Housing on 30 August 1985, and is shown in the
base type.
2.
The Official Plan Amendment No. 1 as approved by the
Director of the Plans Administration Branch, Ministry of
Municipal Affairs and Housing on 29 May 1987, and is
shown in italic type with a reference - Amendment No. 1.
3.
The Minister's Modifications to the Official Plan
Amendment No. 1 which formed part of the approval, dated
29 May 1987, and is shown in bold and italic type with a
reference (A) Minister's Mod.
4.
The Official Plan Amendment No. 2 as approved by the
Director of the Plans Administration Branch, Ministry of
Municipal Affairs and Housing on 23 March 1988, and is
shown in italic type with a reference - Amendment No. 2.
5.
The Official Plan Amendment No. 3 as approved by the
Director of the Provincial Planning and Environmental
Services Branch, Ministry of Municipal Affairs and Housing
on 26 May 1999, and is shown in italic type with a
reference - Amendment No. 3.
6.
The Minister's Modifications to the Official Plan
Amendment No. 3 which formed part of the approval, dated
26 May 1999, and is shown in bold and italic type with a
reference (B) Minister's Mod.
iv
SECTION 1
Amendment No. 3
INTRODUCTION
(1)
TITLE OF PLAN
This Plan may be cited as the "Harley Township Official Plan".
(2)
CONTENTS OF PLAN
Sections 1 through 9 of the text, together with the following schedule:
SCHEDULE A - LAND USE
constitute the Harley Township Official Plan.
(3)
SCOPE OF PLAN
(a)
PLANNING AREA:
(b)
(c)
This Plan applies to all lands in the Corporation of the Township of
Harley.
PLANNING PERIOD:
The policies and schedule contained in this Official Plan cover a
Planning Period to the year 2008.
EFFECT ON PUBLIC SECTOR:
Once this Plan is in effect, Section 24 of the Planning Act will require
any public works undertaken in the Township and any by-law passed by
the Council of the Corporation of the Township of Harley for any
purpose, with certain exceptions, to conform to this Plan.
(d)
EFFECT ON PRIVATE SECTOR:
Although this Official Plan is a legal document, it cannot control or
regulate the use of land by the private sector until such time as it is
implemented by zoning by-laws passed pursuant to Section 34 of the
1
SECTION 1(3)(d)
(4)
INTRODUCTION
Planning Act, and by other by-laws passed pursuant to the Planning Act and
other Provincial statutes.
PURPOSE OF PLAN
The purpose of this Plan is to provide a straightforward, comprehensive policy
framework to guide, in a consistent and predictable manner, the physical
development of land in the Township throughout the Planning Period. This
Plan was prepared to assist both the public and private sectors' decision-making
in land use matters. The public sector may use the Plan to identify public
undertakings which will be required and to assign appropriate budget, timing
and "locational priorities to such undertakings. The public sector will also be
better able to assess proposals brought before them. The private sector, by
being informed of the plan for development, may make decisions on their
operations in the context of known public policies. In addition, this Plan will
provide a basis for zoning and other by-laws which Council will enact to
regulate the development of land in the Township.
2
SECTION 2
(1)
Amendment No. 3
Amendment No. 3
BASIS AND OBJECTIVES
BASIS OF PLAN
In preparing this Plan, it was necessary to undertake a number of planning
studies of the Township. These planning studies examined factors which could
affect the type, location and rate of development and other land use changes in
the Township, and reviewed various capabilities to sustain or accommodate
such potential changes. These findings were used as a basis for the policies and
schedule contained in this Plan and are summarized as follows:
(a)
IMPORTANCE OF AGRICULTURE:
(b)
(c)
(d)
Agriculture plays a major role in the Township's economy. This Plan
is based on the assumption that agricultural activities within the
Township will not alter significantly during the Planning Period, and
as such, continue to be a major influence on the Township's economy.
The Township is rural in nature and it is expected to remain so during
the life of this Plan.
IMPORTANCE OF NATURAL RESOURCES:
The various natural features in the Township, including forested areas,
varying topography, streams, wetlands and non-aggregate mineral
resources aggregates will continue to influence economic activities and
land use in the Township, but to a lesser extent than agriculture.
POPULATION PROJECTION:
This Plan provides for an increase in the Township's population from
the 1991 total of 593 persons to approximately 620 persons by 2008.
INFLUENCE OF NEARBY COMMUNITIES:
The proximity of the Township to the Tri-Town Area and Earlton will
continue to result in pressure for non-farm related residential
development. The Township provides an attractive rural setting for
those families preferring a rural lifestyle. Township residents will
continue to rely upon the Tri-Town Area and Earlton as service centres
to meet employment, recreational, social and retail needs.
3
SECTION 2(1)(e)
Amendment No. 3
(2)
(e)
BASIS AND OBJECTIVES
ENVIRONMENTAL PROTECTION:
All development must recognize the need to protect, maintain and/or
improve identified significant environmental features and areas,
including both natural and cultural heritage areas.
(I)
INDUSTRIAL AND COMMERCIAL DEVELOPMENT:
To ensure continuance of the present level of service, Council shall
encourage industrial and commercial development which is compatible
with the Township's rural nature, while providing new taxation sources
which minimize escalating cost of services on the residential tax base.
(g)
HOUSING:
To maintain an adequate supply and range of quality housing types to
meet the needs for the existing and future residents, Council shall
encourage the provision of additional housing units, preserve and
maintain the existing housing stock while maximizing its physical
resources.
(h)
PROVINCIAL POLICY STATEMENTS:
This Plan recognized the role and importance of Provincial Policy
Statements in the future development of the Township.
OBJECTIVES OF PLAN
The following objectives are the policy statements upon which the general
development policies, the land use policies and the land use designations for the
Township are based:
(a)
MAINTENANCE OF MUNICIPAL FINANCIAL WELL-BEING:
Only development which will provide sufficient revenue to keep the
additional cost of providing required municipal services to a minimum
shall be permitted. In this respect, a healthy economic balance shall be
maintained between the costs occasioned by development and the
4
SECTION 2(2)(a)
Amendment No. 3
Amendment No. 3
BASIS AND OBJECTIVES
municipal tax benefits derived from such development.
(b)
PRESERVATION OF AGRICULTURAL LAND:
(c)
(d)
(e)
(f)
This Plan shall preserve lands with high agricultural capability for
agricultural purposes and protect established farming operations from
the effects of development which would inhibit agricultural production.
MANAGEMENT OF NATURAL RESOURCES:
The land use management of most natural resources will be in
accordance with the policies and programs of the Ministry of Natural
Resources and the Ministry of Nonhem Development and Mines. Areas
of good forestry shall be preserved for forestry use, while compatible
uses such as cenain recreational uses will be allowed, where possible.
Aggregate and non-aggregate mineral resources shall be protectedfrom
development which would prejudice the economical development of
these resources.
ENCOURAGEMENT OF INDUSTRIAL AND COMMERCIAL
DEVELOPMENT:
Industrial and commercial development requiring minimal services shall
be encouraged in appropriate locations in order to strengthen the local
economy, supplement employment opportunities and improve the tax
base of the Township provided, however, that such development is
compatible with the environment and land capabilities.
ACCOMMODATION OF PROJECTED POPULATION:
The population growth which has been projected for the life of this Plan
shall be accommodated primarily in the form of single detached
dwelling units. Development shall be dictated by the location of land
use constraints and resources throughout the Township.
ENHANCEMENT AND PRESERVATION OF ENVIRONMENT:
Particular care will be exercised to ensure that development does not
occur on lands which are environmentally unstable and on lands
5
SECTION 2(2)(t)
Amendment No. 3
Amendment No. 3
(g)
BASIS AND OBJECTIVES
containing sensitive features.
Development shall be directed away from significant environmental
features and areas of hazardous lands. Development which proceeds
shall coordinate with and facilitate implementation of related servicing
strategies, watershed plans, groundwater protection objectives, cultural
heritage impact assessments and remedial action plans to mitigate
adverse effects to the overall environment.
ENERGY CONSERVATION:
Council shall encourage the efficient use and conservation of energy
supplies in the Township.
(h)
MAINTENANCE OF BUILDINGS:
(i)
Existing buildings and structures which are substandard should, over
time, be repaired or removed. Methods for dealing with such problems
include maintenance and occupancy by-laws, provisions for the
enactment of which are contained in this Plan. It is intended, however,
that undue hardship to affected property owners should not result from
the enforcement of any such by-law.
HOUSING:
Council shall consider the preparation of Housing Policy Statements,
either individually or as pan of the local Housing Authority, and update
its Property Standards By-law on a regular basis.
(j)
PROVINCIAL POLICIES:
All development shall take into consideration existing and future
Statements to ensure provincial concerns are recognized and
implemented in an orderly manner. As provincially significant areas,
features or resources are identified by a Ministry, the areas, features or
resources shall be identified by this Plan and protected in accordance
with the Policy Statement.
6
SECTION 2(2)(j)
B Minister's Mod I
BASIS AND OBJECTIVES
Notwithstanding other policies of this Plan, if the policies of this Plan
require consultation with government agencies for development
applications under the Planning Act, the Township and/or applicant
shall consult with the Ministry of Municipal Affairs and Housing
where the Ministry of Municipal Affairs and Housing is the approval
authority.
Where the Officia,l Plan has been drafted to require an evaluation,
demonstration or other action by one or more government agencies,
the policy should generally be interpreted to mean that it is the
Township's responsibility to ensure regard has been hadforprovincwl
policies.
7
SECTION 3
Amendme!lt No. 3
(1)
SERVICE POLICIES
WATER SUPPLY AND SEWAGE DISPOSAL
(a)
PRIVATE PIPED SERVICES:
Where a development on a private piped service is proposed, Council
shall determine, on a case-by-case basis, the feasibility of such
development.
(b)
INDNIDUAL PRNATE SYSTEMS:
This Plan requires all development proposed on private water supply
and sewage disposal systems to be approved by the Timiska.ming Health
Unit and/or the Ministry of Environment and Energy in accordance with
the Environmental Protection Act. and/or the Ontario Water Resources
Act and the following policies before such development or development
approval shall be permitted:
(i)
(ii)
Water Supply Systems
Each proposed water source and supply system shall meet the
applicable quality and quantity guidelines of the Ministry of
Environment and Energy and the Ontario Drinki.ng Water
Objectives to the satisfaction of the Ministry. If, in the opinion
of the Ministry, it appears that the operation of a proposed
water supply system will impair the water supply to existing
development and/or the natural environment in the vicinity, an
assessment of local groundwater conditions, as to adequate
groundwater quality and adequate groundwater yield, shall be
prepared, at the expense of the developer, for review and
approval by the Ministry, before approval will be given to the
proposed system.
Sewage Disposal Systems
The preferred method of sewage disposal shall be a septic tank
and tile bed system. If, in the opinion of the Health Unit, or
where applicable, the Ministry of Environment and Energy, a
site appears to have unsuitable soil, drainage, or other
conditions which could adversely affect the operation of a
8
SECTION 3(1)(b)(ii)
Amendment No. 3
B Minister's Mod 2
Amendment No. 3
B Minister's Mod 2
Amendment No. 3
(iii)
SERVICE POLICIES
proposed sewage disposal system, tests shall be prepared to
show negligible groundwater quality interference, soil suitability
and sufficient available area for effluent treatment, at the
expense of the developer, for review and approval by the Health
Unit and/or the Ministry, before approval will be given to the
proposed system.
Large Developments
It is preferred to have new development of more than 5 lots on
communal systems, however, individual private services may be
provided where the developer prepares a Servicing Report which
justifies their use. The Report, to be prepared by, and at the
expense of the developer, is to be reviewed and approved by the
Ministry of Environment and Energy. The Report shall include
background data, a discussion of the options and their evalu-
ation, the selection of a preferred option, the anticipated effects
and their mitigation methods, plus a proposed monitoring plan,
as applicable.
Where a Servicing Report, which is approved by the Ministry of
Environment and Energy, recommends development, (usually
by Plan of Subdivision) on individual private services, the
Ministry will then require an Environmental Impact Assessment
Report to be prepared by, and at the expense of the developer,
for review and approval by the Ministry.
The Report is to
demonstrate potable groundwater quality, adequate groundwater
yield, negligible groundwater quality interference, soil
suitability, and sufficient available area for effluent treatment.
Where la.rge developments of more than five lots are proposed,
development shall proceed in accordance with relevant
provincial servicing guidelines and legisla.tion.
Where a private sewerage system, which handles more than
10,000 litres per day is proposed, a Hydrogeological Impact
Report shall be required which demonstrates soil suitability and
sufficient available area for the effluent treatment and site
suitability. The Report shall be prepared by, and at the expense
9
SECTION 3(1)(b)(iii)
Amendmenl No. 3
(2)
Amendment No. 3
(iv)
(v)
SERVICE POLICIES
of the developer, for review and approval by the Ministry of
Environment and Energy.
Waterfront Development
Where lot creation is proposed on -waterbodies, with a private
se-wage system approved by the Health Unit and/or Ministry of
Environment and Energy, approval of the development will be
subject to a !Ake Development Capacity Calculation.
The
Ministry will assess the effects of the proposal on the -waterbody,
and development will be limited to that level which results in no
change to the trophic category of the lake.
Substandard System Improvements
Residents shall be encouraged to participate in any programs
designed to upgrade or replace existing substandard individual
-water supply and/or sewage disposal systems.
SOLID WASTE DISPOSAL
(a)
OPERATION:
The Corporation shall continue to use the existing active land-fill site
for solid waste disposal purposes, in accordance with the regulations of
the Ministry of the Environment. Solid waste shall not be disposed of
in any other location unless the site has been approved by the Ministry
of the Environment.
The Municipality shall as a means of extending the life-expectancy of
the existing site, review its Oper~tions Plan for the purpose of
developing policies for the implementation of a Recycling Plan which
reduces the demand for new disposal areas.
(b)
ACTIVE AND CLOSED SITES:
Council shall give careful consideration to development applications
proposed within five hundred (500) metres of an active or closed waste
SECTION 3(2)(b)
Amendment No. 3
(c)
Amendment No. 3
SERVICE POLICIES
disposal site because of potential hazards.
Before approving any such application, Council shall consult with the
Ministry of the Environment, and upon the recommendation of the
Ministry, require that the applicant provide additional information on
one or more of the fol lowing:
ground water quality;
drainage from the waste disposal site;
subsurface gases;
animal pests;
noise; and
air quality.
Should Council, in consultation with the Ministry of the Environment,
conclude that the proposed development is subject to any one of the
above-noted hazards, the application shall not be approved unless
effective remedial measures are available and will be undertaken by the
applicant.
The active site is located in the north half of Lot 12, Concession I,
while the closed site is located in the north half of Lot 9, Concession
VI.
FUTURE SITES:
The existing active landfill site shall be monitored on a regular basis in
consultation with the Ministry of Environment and Energy, and at least
six (6) years prior to reaching capacity, studies will be undertaken to
select a new location.
F.xpansion of the existing landfill, or the establishment of a new landfill
site require approval of the proposed site from the Ministry as to the
location, characteristics of the operation, buffer planting and screening,
etc. in accordance with the Environmental Protection Act and the
Environmental Assessment Act and the Regulations passed thereunder.
11
SECTION 3(3)
(3)
Amendment No. 3
SERVICE POLICIES
ROADS
(a)
FUNCTION;
Council shall ensure that the Township road system continues to
facilitate the satisfactory movement of people, goods and through traffic
in harmony with the Provincial highway system.
(b)
JURISDICTION AND RESPONSIBILITY:
It shall be the responsibility of the Province to adequately maintain and
improve, where necessary, the Provincial and secondary highways
within the Township. All other existing roads within the Township,
except privately owned roads, shall be the responsibility of Council.
Provincial roads shall be designed and maintained in accordance with
the Ministry of Transportation and Communications' standards.
Municipal roads shall be designed and maintained in accordance with
municipal standards and policies of Council.
It is not intended that existing roads which are classified as not
improved will be assumed by any public agency, unless it is clearly in
the public interest and meets the Ministry of Transportation's standards
for assumption. No responsibility for the provision of access, snow
removal, maintenance or use by school buses on a seasonal or year-
round basis is acknowledged for not improved roads, by such public
agencies.
(c)
ACCESS TO DEVELOPMENT:
The development of land shall be permitted only where access to and
frontage on an improved road is available or established as a condition
of a development approval.
Access to an improved road under Provincial jurisdiction shall be
subject to the Ministry of Transportation and Communications' "Access
Control Policies".
Access to an improved road under municipal
jurisdiction shall be subject to Council issuing an entrance permit.
12
SECTION 3(3)(c)
Amendmenl No. 3
Amendment No. 3
(d)
SERVICE POLICIES
Notwithstanding the above, for not improved roads, Council may
impose conditions for development based upon a study of the aspects of
the particular road.
All conditions must be met prior to any
development taking place.
IMPLEMENTATION:
The location of improved or not improved roads shall be identified in
the Zoning By-law. Improved roads shall include Provincial highways
and municipally maintained roads (acceptable to the Ministry of
Transportation for subsidy purposes) which are maintained year-round.
Other roads shall be classified as not improved.
Where an individual requests the addition or extension of an improved
road, or the reclassification of a not improved road to an improved
road, such addition or extension, or reclassification shall be justified by
a detailed study, undertaken at the Applicant's expense, of the
planning, financial and legal implication of the proposal on the
Corporation. Where Council considers it appropriate, that is clearly in
the public interest and feasible, in consultation with the Ministry, the
road will be assumed by Council and incorporated into its road
network. No Official Plan Amendment will be required in this situation,
however, an amendment to the comprehensive Zoning By-law shall be
required.
In those situations where Council does not wish to assume the road into
its network, but still considers development appropriate based upon the
Applicant's detailed study, an Official Plan Amendment would be
required to specifically list the not improved road as a road on which
development could take place. An amendment to the comprehensive
Zoning By-law shall also be required.
(e)
LAND ACQUISITION FOR ROAD PURPOSES:
Where land is required for road widening, road extensions, road
rights-of-way, prevention of landlocked parcels, bridge construction,
intersection or railway crossing improvements, such land shall be
obtained for the appropriate agency in the course of approving land
severances, plans of subdivision and development application. Any
13
SECTION 3(3)(e)
SERVICE POLICIES
proposals to widen, extend or improve roads in the Township should
take into account the scenic factors and natural attributes of adjacent
lands, particularly trees which may be on or near a road allowance.
(t)
IMPROVEMENTS:
In order to maintain a satisfactory road system, the Province and
Council shall pursue a program to maintain their roads in a good state
of repair and undertake intersection, bridge and crossing improvements.
(i)
Roads
(ii)
It is intended that, wherever possible, improvements in the form
of improved road alignments, surfaces, pavement widths and the
establishment of adequate road allowances will be undertaken.
Intersections. Bridges and Crossings
It is intended that, wherever possible, as new traffic conditions
warrant, improvements in the form of jog eliminations, sight
triangles, regulation of turning movements, proper signage,
installation of traffic signals, and marking of traffic lanes will
be undertaken.
In addition, wherever possible, as new traffic conditions or
structural conditions warrant, improvements in the form of
bridge repairs will be undertaken.
No development of lands shall be approved in close proximity
to an intersection or railway crossing which is scheduled for
improvement until the improvement has been sufficiently
designed to determine the land required for such improvement.
(iii)
Culverts
It is intended that culvert extensions and replacements shall be
undertaken as required, subject to the approval of the
Township's Road Superintendent.
14
SECTION 3(3)(t)(iv)
Amendment No. 3
(4)
SERVICE POLICIES
(iv)
Permits
In addition to all the relevant municipal requirements, all
development adjacent to Provincial highways is also subject to
the requirements and permits of the Ministry of Transportation.
UTILITIES AND PUBLIC SAFETY
(a)
REQUIREMENTS FOR DEVELOPMENT:
Before giving its approval to any development proposal, Council shall
be assured by the appropriate agencies that utilities (such as electricity
and telephone), fire protection and police protection necessary to serve
the proposed development will be provided without placing undue
financial obligations on taxpayers. When small-scale development is
involved, such as that resulting from land severance activity, the
proposed development should be located in an area where such services
already exist and are economically feasible to maintain.
(b)
UTILITY CORRIDORS:
Council shall ensure that residents are aware of any new proposals for
power transmission corridors.
Any new development which is
proposed in the vicinity of such facilities shall be designed so as to
reduce any potential conflicts between the proposed use and existing
facilities.
(c)
LANDS FOR EASEMENTS AND EMERGENCY ACCESS:
Where land is required for utility easements or emergency access, such
land shall be obtained for the appropriate agency in the course of
approving land severances, plans of subdivision and development
applications.
15
SECTION 3(5)
(5)
(6)
SERVICE POLICIES
SCHOOLS
(a)
ACCOMMODATION PLANNING:
School boards having jurisdiction in the Township shall determine, in
conjunction with Council, the size and timing of required new
educational facilities or the need to close an existing facility. At such
time as the school boards have completed long-range accommodation
planning, their proposals may be added to this Plan by amendment.
(b)
REQUIREMENTS FOR DEVELOPMENT:
Before any development which will generate additional pupils is
approved. Council shall be assured that the necessary pupil
accommodation and any required school busing will be provided.
PARKS AND RECREATION
(a)
PARKLAND CONVEYANCES:
Council shall require as a condition of approval for the division of land
under Section 50 or 52 of the Planning Act that the owner convey 2 %
of such lands for park or public recreational purposes in the case of land
proposed for commercial or industrial purposes and 5 % in all other
cases.
Lands having environmental problems may not be acceptable. All lands
conveyed to the Township for park or other public recreational purposes
shall be approved by Council. Where a watercourse adjoins such lands,
adequate space for access to the lands shall be provided for maintenance
and operation purposes.
(b)
CASH-IN-LIEU OF PARKLAND:
As an alternative to Section 3(6)(a) of this Plan, Council may require
the payment of money to the value of the land otherwise required to be
conveyed in lieu of such conveyance. Such amount of payment of the
16
SECTION 3(6)(b)
SERVICE POLICIES
value of the land shall be determined in accordance with the provisions
of Sections 50 and 52 of the Planning Act.
All such monies collected by the Corporation shall be used in
accordance with Section 50(12) of the Planning Act.
(c)
PARKLAND REQUIREMENTS:
Due to the present nature of the lands and the nature, scale and density
of development in the Township, no lands for parks or public recreation
purposes need be acquired. However, the development of outdoor
recreation activities shall be encouraged throughout the Township.
Council shall expend monies to develop and maintain the municipal
field and facilities located in Hanbury for public recreational purposes.
17
SECTION 4
Amendment No. 3
(1)
LAND DIVISION POLICIES
GUIDELINES FOR SUBDIVISION APPROVAL
(a)
REQUIREMENTS FOR PLANS OF SUBDIVISION:
With the exception of land severances granted by the consent-granting
authority, all other land division in the Township shall take place by
registered plan of subdivision. A plan of subdivision shall confonn to
this Plan and shall nonnally be required in the following instances:
where more than 3 lots are to be created on a land holding as
recorded in the records of the land registry office on the date of
adoption of this Plan;
where a new road or an extension to an existing road is
required; or
where it is necessary to ensure that surrounding lands are
developed in a proper and orderly fashion.
(b)
GENERAL SUBDIVISION POLICIES:
It shall be the policy of Council to recommend to the Ministry of
Municipal Affairs for draft approval only those proposed plans of
subdivision which confonn to this Plan. In considering a proposed plan
of subdivision, Council shall be guided by the relevant objectives and
policies of this Plan.
(i)
Land Use Compatibility
The land use designations and policies of this Plan shall be
utilized to ensure compatibility between the type of development
proposed for the subdivision and the land uses, both existing
and future, in the surrounding area, plus major transportation,
utility and industrial facilities.
Council should seek the Ministry of Natural Resources' opinion
as to waterbodies' ability to support proposed subdivisions, and
the Ministry of Environment and Energy's opinion on the
18
SECTION 4(1)(b)(i)
Amendment No. 3
(ii)
LAND DIVISION POLICIES
potential impact of proposed subdivisions on waterbodies' water
quality.
Development Patterns
The development pattern of a proposed subdivision shall mesh
with existing development and roads on adjacent lands. To
ensure that undeveloped lands adjacent to the proposed
subdivision will not become landlocked, or have difficulty
obtaining access, the proposed development pattern shall make
provision for rights-of-way for access to adjacent lands. Rights-
of-way shall be developed to municipal standards and dedicated
as public roads. Wherever possible, the layouts of proposed lots
and roads should conform to the topography of the site while
utilizing energy planning design considerations.
Proposed subdivisions shall be modified to avoid interfering with
diminishing wildlife and fish habitats and ensure the extensive
use of tree planting and berming to enhance the natural
environment.
(iii)
Provision of Services
Council shall ensure that the proposed subdivision will be
provided with all necessary services and amenities in
accordance with the relevant policies of Section 3 of this Plan.
(iv)
Site Conditions
Council shall ensure that the proposed subdivision can be
developed in accordance with the relevant policies of Section
5 (2) and Section 5 (4) of this Plan.
(v)
Zoning
Proposed subdivisions shall not be zoned for their intended uses
until draft approval has been received from the Ministry of
Municipal Affairs.
19
SECTION 4(1)(c)
Amendment No. 3
B Minister's Mod 3
Amendment No. 3
(2)
(c)
LAND DIVISION POLICIES
SUBDIVISION APPLICATIONS:
All applicants seeki.ng approval of proposed plans of subdivision in the
Township shall complete Council's "APPLICATION FOR PLAN OF
SUBDIVISION" and shall comply with the conditions and procedures
thereof, notwithstanding, that formal application for approval of a Plan
of Subdivision must be made to the approval authority.
Prior to submitting the subdivision application to Council, the
applicant shall discuss all aspects of the application with the approval
authority.
GUIDELINES FOR LAND SEVERANCE APPROVALS
It is a policy of this Plan that Council shall only recommend approval of those
proposed severances which conform to this Plan and, in particular, to those
policies set out below. When considering land severance proposals in the
Township, the consent-granting authority shall be guided by these same
policies.
(a)
CONDITIONS FOR LAND SEVERANCE CONSIDERATION:
Prior to considering any land severance application, the consent-
granting authority shall establish that a plan of subdivision is not
necessary in accordance with the requirements of Section 4(1) (a) of this
Plan.
(b)
GENERAL SEVERANCE POLICIES:
(i)
Land Use Compatibility
The proposed use of the lot to be severed shall conform to the
land use designations shown on Schedule A hereto and the land
use policies of this Plan.
Where an amendment to an
implementing zoning by-law is required for proposed uses of
either the severed or the retained parcel, the proposed use shall
be compatible with surrounding uses.
20
SECTION 4(2)(b)(ii)
Amendment No. 3
(ii)
LAND DIVISION POLICIES
Development Patterns
To avoid the creation of landlocked parcels, no severance shall
be approved which will result in the severed or retained parcel
of land being landlocked, u~less such landlocked parcel is to be
consolida.ted with an abutting property which abuts and has
access to an improved road in accorda.nce with Section 3(3) of
this Plan. No severance shall be approved where access is
unavailable via an improved road.
Direct access to an improved road under Provincial jurisdiction
shall be discouraged where an alternative access to an improved
road under municipal jurisdiction is available.
If such
alternative access is not available, the consent-granting
authority shall ensure that any approval of the severance will be
conditional upon the issuance of an entrance permit by the
Ministry of Transportation.
If access to an improved road under municipal jurisdiction is
requested, the consent-granting authority shall require
confirmation from the Municipality that the road in question is
an improved road and that it is prepared to issue any required
entrance permit.
Each application shall be reviewed to ensure no traffic hazard
is created by its approval.
Where the need for road widening, extension or rights-of-way
have been identified, the consent-granting authority shall ensure
that the necessary land is to be dedicated as a condition of
severance approval.
Severance applications which create scattered strips of
development throughout the Township shall not be recommended
by Council to the consent-granting authority.
21
SECTION 4(2)(b)(iii)
Amendment No. 3
B Minister's Mod 4
Amendment No. 3
B Minister's Mod .5
LAND DIVISION POLICIES
(iii)
Provision of Services
Council shall ensure the proposed severance will be provided
with all necessary services and amenities in accordance with the
relevant policies of Section 3 of this Plan.
In particular, prior to approving any severance on private
services, where the property contains an existing building, the
consent-granting authority shall require the confirmation of the
Timiskaming Health Unit or where applicable, the Ministry of
Environment and Energy, that the existing water supply and
sewage disposal facilities are functioning properly. If, in the
opinion of the Health Unit or where applicable, the Ministry,
such facilities are not properly functioning, the consent-granting
authority shall ensure that any approval of the severance shall
be conditional upon the improvement or replacement of
malfunctioning facilities to the satisfaction of the Health Unit
and/or Ministry.
No development is permitted within 30 metres of a landfill site.
Prior to approval of development proposed within 500 metres
of the boundary line of a closed or active landfill site, the
application shall be required to prepare a methane/gas
leachate study in accordance with the Ministry of Environment
Guideline.
The authority shall be assured by the appropriate agencies that
necessary utilities and fire and police protection will be
provided to the proposed lot prior to approving any severance.
In addition, the severed lot shall be located in an area where
such services are economically feasible to provide and maintain.
Council shall ensure that adequate school facilities are
available to accommodate additional development within the
municipality. In addition to the policies in Section 3(3)(b),
Council shall consider school bussing requirements as part of
their review and assessment of any development proposal.
22
SECTION 4(2)(b)(iii)
Amendmelll No. 3
(iv)
LAND DIVISION POLICIES
No severance shall be approved unless as a condition of the
consent, the Municipality acquires lands by conveyances, or
money to the value of the lands otherwise required to be
conveyed in lieu of such conveyance.
Site Conditions
Any lot created by severance shall comply with the relevant
policies of Section 5 (2) of this Plan. These policies shall apply
to both the severed and retained portions of the subject
property, but need not apply to portions which are to be
consolidated with an abutting property.
(v)
Zoning
Where a proposed severance does not conform to the
implementing zoning by-law, the severance approval shall be
conditional upon rezoning for the appropriate use.
(vi)
Exceptions
Notwithstanding the above, consents may be granted for the
following purposes, without affecting the number of severances
permitted from land holding in accordance with Section 4(l)(a)
and the particular land use designation:
to correct lot boundaries;
to clear title;
to convey additional land to an adjacent lot, provided
the conveyance does not lead to the creation of an
undersized or irregularly shaped lot for the purpose for
which it is being used; and
to provide easements or rights-of-),V(ly.
23
SECTION 4(2)(c)
Amendment No. 3
(c)
LAND DIVISION POLICIES
SEVERANCES IN ENVIRONMENTAL PROTECTION DESIGNATIONS:
Once lands are appropriately designated, no further severances shall be
granted in areas designated Environmental Protection on Schedule A
hereto unless:
the severance is to create a use which is permitted in the
Environmental Protection designation; or
the lands designated Environmental Protection are only a part
of the total lands to be severed and the proposed use is to be
developed on lands not designated Environmental Protection.
(d)
SEVERANCES IN AGRICULTURE DESIGNATIONS:
For lands designated Agriculture on Schedule A hereto, all new
development shall comply with the Minimum Separation Distance
requirements under the Agricultural Code of Practice.
As well,
notwithstanding Section 4(1)(a), a maximum of two severances may be
permitted from a land holding as recorded in the records of the land
registry office on the date of adoption of this Plan.
(i)
Non-Residential
Preference will be given to farm-related non-residential
severances where:
both the severed and retained portions are to be used for
agricultural purposes and, in the opinion of Council and
the Ministry of Agriculture, Food and Rural Affairs, both
portions constitute economically viable farm units,· or
the severed portion is to be consolidated with an
abutting farm while the retained portion is to be used for
agricultural purposes provided, in the opinion of
Council and the Ministry of Agriculture, Food and Rural
Affairs, the retained portion constitutes an economically
viable farm unit; or
24
SECTION 4(2)(d)(i)
Amendment No. 3
LAND DIVISION POLICIES
where a separate site is required for the operation of
commercial or industrial uses which are directly related
to agriculture and require a location in proximity to
farm operations, the severance shall be permitted
provided such developments are:
directed to those lands where soils exhibit lower
agricultural capabilities;
located in the vicinity of other operations already
established;
small-scale operations servicing the needs of the local
population; and
located on lots which are kept to a minimum size for the
purpose for which it is being used.
(ii)
Residential
Preference will be given to farm-related residential severances
which provide:
a lot for an existing surplus residential unit created by
the consolidation of two farms; or
a lot for the personal use of a retiring farmer who has
been farming a substantial number of years and who is
retiring from an active working life.
No residential severance shall be granted unless such
developments are:
located on lots which are kept to a minimum size; and
directed to those lands where soils exhibit lower
agricultural capabilities.
25
SECTION 4(2)(d)(ii)
Amendment No. 3
(e)
B Minister's Mod 6
Amendment No. 3
LAND DIVISION POLICIES
Additional dwellings for full-time farm help shall not be
permitted to be severed, unless considered surplus through farm
consolidation.
SEVERANCES IN RURAL DESIGNATIONS:
For lands designated Rural on Schedule A hereto, all new development
shall comply with the Minimum Separation Distance requirements under
the Agricultural Code of Practice.
(i)
Non-Residential
Notwithstanding Section 4(l)(a), no more then three non-
residentia.l severances may be permitted for commercia.l or
industrial development from a land holding as recorded in the
records of the Land Registry Office on the date of adoption of
this plan, in the North half of Lots 8 and 9, Concession IV,
and the south half of Lots 7 and 8, Concession V.
Preference will be given to non-residential severances where:
both the severed and retained portions are to be used/or
agriculture or agriculturally related uses; or
the severed portion is to be consolidated with an
abutting farm, while the retained portion is to be used
for agriculture purposes; or
a separate site is required for commercial or industrial
uses provided such developments:
are operations servicing the needs of the local
populations; and
are directed to those areas where lands exhibit low
resource potential; and
are kept to a minimum lot size for the purpose for which
it is being used; and
26
SECTION 4(2)(e)(i)
Amendmenl No. 3
LAND DIVISION POLICIES
will not prejudice the future orderly development of
adjacent lands; or
a separate site is required for an extractive industrial
operation, provided such developments are directed to
only those lands where the resource is located and the
site is rezoned.
(ii)
Residential
Preference will be given to residential severances which:
are directed away from those lands containing viable
farm operations; and
are directed to those areas where lands exhibit low
resource potential; and
are located on lots which are kept to a minimum size,·
and
will not prejudice the future orderly development of
adjacent lands.
27
SECTION 5
(1)
(2)
GENERAL LAND USE POLICIES
STANDARDS AND AGREEMENTS
Council shall ensure, through the adoption of an implementing Zoning By-law
in accordance with Section 34 of the Planning Act and through the use of the
Building Code Act, that adequate standards are met for all development.
Building conditions shall be regulated through the adoption of a Maintenance
and Occupancy By-law in accordance with Section 31 of the Planning Act.
All areas in which development is to taJce place shall be adequately serviced iri
accordance with the standards set from time to time by Council.
SITE CONDITIONS
(a)
LOT SIZE AND SHAPE:
Any lot to be developed shall be of a size and shape which is suitable:
to accommodate the proposed use in accordance with the
relevant lot area and lot frontage provisions of the implementing
zoning by-laws;
to permit the siting of any buildings, structures and other on-site
amenities (including landscaping areas, buffering, entrances,
parking, delivery, loading and open space) in accordance with
the relevant provisions of the implementing zoning by-laws; and
to permit the installation of water supply and sewage disposal
facilities which meet the requirements of the Ministry of the
Environment and/or the local Health Unit and Council.
(b)
DENSITY:
The maximum density of a residential development shall be controlled
by implementing zoning by-laws.
28
SECTION 5(2)(c)
Amendment No. 3
Amendment No. 3
(c)
GENERAL LAND USE POLICIES
LAND USE COMPATIBILITY:
To ensure satisfactory compatibility between the proposed land uses and
the existing land uses in the surrounding areas, Council shall verify that
the proposed use complies with the relevant land use designations and
policies of this Plan.
All new land uses, and the expansion of existing land uses in the vicinity
of an active or closed waste disposal site shall be reviewed by Council
in consultation with the Ministry of Environment and Energy. The
Ministry may require an Environmental Impact Assessment Report,
prepared by, and at the expense of the Applicant, to be submitted for
review and approval by the Ministry prior to permitting any
development.
The area of influence around certain facilities or land uses, which are
subject to emissions of a nuisance nature, where exposed to residential
of other similar sensitive uses, should be minimized through the use of
environmental control measures to supplement practical emission
controls.
(d)
VEGETATION CLEARING NEAR WATERCOURSES:
In order to minimize harmful nutrients from entering the waterbodies,
and in order to avoid possible erosion, consultation with the Ministry
of Natural Resources shall occur prior to selective clearing of
vegetation to perpetuate desirable species, to encourage regeneration
or reduce fire hazards, above or below the high water mark fronting
any property.
A work permit, issued by the Ministry of Natural Resources, is required
prior to any work involving cutting which commences along a shoreline
in accordance with the Public La.nds Act.
(e)
SOIL AND DRAINAGE:
Development should only be permitted on lands where soil and drainage
conditions are, or can be made, suitable to permit the proper siting and
development of the proposed uses. In addition, development should not
29
SECTION 5(2)(e)
Amendment No. 3
Amendment No. 3
GENERAL LAND USE POLICIES
pose any adverse affects on the soil or drainage of an adjoining
property.
Council, in consultation with the Ministry of the Environment, may
require the preparation of Storrnwater Control and Management Plans
in accordance with Ministry Guidelines that appropriately address the
protection and enhancement of pre-development hydrological and water
quality regimes.
The objectives of Stormwater Control and Management Plans shall be
to prevent the loss of life, minimization of community disruption and
property damage due to erosion and flooding, and the maintenance and
· enhancement of surface and groundwater resources sufficient for
aquatic life, recreation and other uses.
(f)
ENVIRONMENTAL PROBLEM AREAS:
Environmental problem areas include all lands which have soils,
topography, drainage or similar environmental features as well as
features of conspicuous value such as biological, geological, historical
and cultural interests, which may be hazardous to development, or
where these features may be damaged or destroyed by development.
Environmental problem areas may be identified as development is
proposed or as a detailed study is undertaken. As a result, it may be
necessary to create new land use designations to recognize the
environmental problem area by amendment to this Plan.
To ensure development compatibility in environmental problem areas,
Council shall, in consultation with the Ministry of Natural Resources
require that a study, or an engineering report be conducted, at the
expense of the applicant, to determine the impact of such development
and its ability to enhance and, where necessary and possible, conserve
or restore the natural features.
Where development is proposed on a shoreline, studies would be
required on the development's impact on water quality, fish and wildlife
habitat and the existing vegetation.
30
SECTION 5(2)(g)
Amendment No. 3
(g)
GENERAL LAND USE POLICIES
AGGREGATE AND NON-AGGREGATE MINERAL RESOURCE
AREAS:
Aggregate and non-aggregate mineral resource areas includes all la.nds
which have aggregate and mineral potential established thereon.
The Township has been generally classified as having low potential,
however, as development is proposed or as detailed studies are
undertaken, it may be necessary to recognize selected areas to protect
the resource.
When considering any development applications which would take place
in a resource area, Council shall assess each application as follows:
whether extraction would be feasible on the property;
whether the proposed use will hinder future extraction; and
whether the proposed use is of a higher priority than the
extraction of the resource in serving the long term interest of the
public.
(h)
SITE DECOMMISSIONING:
Where a change in land use is proposed and the present use has the
potential to have caused environmental contamination, the site shall be
decommissioned and/or cleaned up prior to receiving the Ministry of
Environment and Energy's recommendation for approval of the new
use. The decommissioning/cleanup shall be undertaken in accordance
with Ministry Guidelines.
(3)
BUILDING REQUIREMENTS
(a)
MAXIMUM BUILDING AREAS:
The portion of any lot permitted to be covered by buildings shall be
established by implementing zoning by-laws.
31
SECTION 5(3)(b)
(b)
(c)
B Minister's Mod 7
(d)
Amendment No. 3
(e)
Amendment No. 3
(/)
GENERAL LAND USE POLICIES
MINIMUM SETBACKS FROM ROADS:
Setbacks of buildings, structures and other facilities from roads shall be
provided, in accordance with implementing zoning by-laws. Such
setbacks should be sufficient to allow appropriate landscaping and to
permit the parking and movement of vehicles clear of any road
allowance.
MINIMUM SETBACKS FROM WATERCOURSES:
With the exception of boathouses and simila.r water-oriented uses, all
buildings shall be set back from waterbodies in accordance with
implementing zoning by-la.ws. Setbacks for new development should
be sufficient to preserve the visual impression that such waterbodies
are undeveloped and to reduce the physical impact on aquatic
environment such as wetla.nds,f'ish habitat, water quality and quantity
and flood pla.ins.
MINIMUM SETBACKS FROM PROPERTY LINES:
Setbacks of buildings, structures and other facilities from property lines
shall be provided, in accordance with implementing zoning by-laws, to
give some measure of privacy and to enhance compatibility with
neighbouring land uses.
MINIMUM SETBACKS FROM PIPELINES:
All buildings and structures must be setback from the limits of the
TransCanada Pipeline in accordance with the implementing zoning by-
law.
MINIMUM SEPARATIONS:
The separation of buildings, structures and other facilities shall be
controlled by implementing zoning by-laws.
32
SECTION 5(3)(g)
Amendment No. 3
(4)
(g)
GENERAL LAND USE POLICIES
MAXIMUM HEIGHTS:
The maximum height of a building, structure or other facilities shall be
controlled by implementing zoning by-laws.
SITE AMENITIES
(a)
LANDSCAPING AREAS:
The minimum areas required to be set aside on each lot for landscaping
purposes shall be established by implementing zoning by-laws.
(b)
BUFFERING:
As a condition of approval for the development of any non-residential
use, Council may require the developer to comply with the following
additional requirements along that side of a lot which adjoins a
non-compatible use:
provision of increased building setbacks;
provision of planting strips, fencing, berms and/or grassed
areas;
deflection of lighting and signs; and
prohibitions on parking, delivery, loading and open storage.
(c)
ENTRANCE DRIVEWAYS:
The location of entrances should not create traffic hazards because of
concealment by curves, grades or other visual obstructions. Entrances
should be limited in number and designed so as to minimize the dangers
to vehicular and pedestrian traffic in the vicinity. Further requirements
for the location, width and surface treatment for entrances and
driveways on each lot may be established by implementing zoning
by-laws.
33
SECTION 5(4)(d)
Amendment No. 3
(5)
(d)
GENERAL LAND USE POLICIES
PARKING:
Off-street parking areas shall be provided for the applicable uses as
required by implementing zoning by-laws.
(e)
OPEN STORAGE:
(f)
Open storage shall be controlled by implementing zoning by-laws.
AIR QUALITY, NOISE AND VIBRATION:
Residential areas, and other uses of similar sensitivity will be protected
from situations of undesirable air quality and excessive noise/vibration.
Development applicants may be required to carry out noise and/or
vibration assessments and determine control measures, which are
satisfactory to the Municipality and the Ministry of the Environment in
accordance with the Environmental Protection Act.
New residential development and new buildings for public assembly
which abut, or are in close proximity to railway or highway rights-of-
way will only be permitted in accordance with the Ministry of the
Environment's Noise Guidelines.
This may require studies to be
undertaken by the Applicant, at his cost, to determine the impact of the
rail line operation or highway on the proposed development, and may
result in attenuation and safety measures such as setbacks, fencing
and/or berms being a condition of approval for a consent, plan of
subdivision, etc. In addition, an Offer of Purchase and Sale/Lease
Agreement may be used to provide notice regarding the potential for
noise.
The implementing zoning by-law shall identify setback
requirements.
NON-CONFORMING USES
Any land use in the Township which existed on the date of approval of this
Plan, but which does not conform to the land use designations shown on
Schedule A, should cease to exist in the long term. In special instances,
however, it may be acceptable to permit the extension or enlargement of such
uses in order to avoid unnecessary hardship. It is the intention of this Plan that
34
SECTION 5(5)
GENERAL LAND USE POLICIES
such extensions and enlargements shall be dealth with through the use of
Section 34(10) or Section 44 of the Planning Act.
(a)
SECTION 34(10) OF THE PLANNING ACT;
In accordance with Section 34(10) of the Planning Act any application
for the extension or enlargement of an existing use which is not
permitted by implementing zoning by-laws (hereinafter called a
"non-conforming use") shall be dealt with in the following manner:
(i)
(ii)
Feasibility of Acguisition
Council shall determine the feasibility of acquiring the property
concerned at the time of application or possibly at some future
date and of holding, selling, leasing or redeveloping the
property in accordance with the provisions of the Planning Act.
At the same time, consideration shall be given to the possibility
of relocating the use under consideration to a designated and
zoned location where it would be able to function and produce
under improved conditions in accordance with the policies of
this Plan.
No Amendment to Official Plan
If, after investigation, municipal acquisition of the property does
not appear to be feasible but the special merits of the individual
case make it desirable to grant permission for the extension or
enlargement of the non-conforming use. Council may consider
passing a zoning by-law amendment pursuant to Section 34(10)
of the Planning Act. Such Amendment may then be passed
without amending this Plan, provided it complies with the
policies of Section 5(5)(a)(iii) of this Plan.
(iii)
Report and Reguirements
Prior to making any decision on the application and, in
particular, before passing a zoning by-law amendment, Council
will obtain a report on various aspects of the matter and be
satisfied that those of the following requirements which are
35
SECTION 5(5)(a)(iii)
GENERAL LAND USE POLICIES
relevant to the specific application for the extension or
enlargement of the non-conforming use are, or will be, fulfilled
in order to safeguard the wider interest of the general public:
the proposed extension or enlargement of the established
non-conforming use shall not unduly aggravate the
situation created by the existence of the use, especially
in regard to the policies of this Plan and the
requirements of any zoning by-law applying to the area;
the proposed extension or enlargement shall be in
appropriate proportion to the size of the non-conforming
use;
an application, which would affect the boundary areas of
different land use designations on Schedule A, will only
be processed under these policies if it can be considered
as a "minor deviation" permitted under the flexibility of
Section 8(1) hereof without the need for an amendment
to this Plan;
the characteristics of the existing non-conforming use
and the proposed extension or enlargement shall be
examined with regard to noise, vibration, fumes, smoke,
dust, odours, lighting and traffic-generating capacity;
no zoning by-law amendment shall be passed if one or
more of such nuisance factors will be created or
increased so as to add essentially to the incompatibility
of the use with the surrounding area;
the neighbouring conforming uses will be protected,
where necessary, by the provision of areas for
landscaping, buffering or screening, appropriate setbacks
for buildings and structures, devices and measures to
reduce nuisances and by regulations for alleviating
adverse effects caused by outside storage, lighting or
advertising signs. The above measures shall be applied
to the proposed extension or enlargement and wherever
36
SECTION 5(5)(a)(iii)
GENERAL LAND USE POLICIES
feasible, shall also be applied to the established use in
order to improve its compatibility with the surrounding
area;
traffic generation and parking conditions in the vicinity
will not be adversely affected by the application and
traffic hazards will be kept to a minimum by
appropriately designed ingress and egress points to and
from the site and by the improvement of sight
conditions, especially in proximity to intersections, so as
to provide maximum safety for pedestrian and vehicular
traffic;
adequate provisions have been or will be made for
off-street parking, delivery and loading facilities; and
applicable services such as water supply, sewage
disposal, storm drainage and roads are adequate or can
be made adequate.
(iv)
Notification of Ratepayers
(v)
In cases where a zoning by-law amendment is not required,
Council shall, prior to a final decision on the matter, notify all
property owners in the area affected by each application for the
extension or enlargement of a non-conforming use, in order to
obtain their views.
Council Decision
Council will not pass a zoning by-law amendment pursuant to
Section 34(10) of the Planning Act before being satisfied as to
the policies contained in Section 5(5)(a)(iii) hereof.
(b)
SECTION 44 OF THE PLANNING ACT:
Council may, under Section 43 of the Planning Act constitute and
appoint a Committee of Adjustment to hear and make decisions under
Section 44 of the Planning Act for authorizing minor variances from the
37
SECTION 5(5)(b)
(6)
(7)
GENERAL LAND USE POLICIES
provisions of an implementing zoning by-law; to permit enlargements
or extensions of non-conforming uses; and to permit the change of a
non-conforming use to another use if, in the opinion of the Committee,
the proposed use is similar to or more compatible than the existing use,
and provided the general intent and purpose of this Plan and
implementing zoning by-laws are maintained.
Council may, under Section 44(3) of the Planning Act, empower the
Committee to grant minor variances from the provisions of any by-law
of the Corporation that implements this Plan, or from such special
by-laws of the Corporation as are specified and that also implement this
Plan.
CONVERSION OF USES
Like other forms of development, the conversion from one permitted land use
type to another within the same designation on Schedule A to this Plan will be
carefully evaluated by Council. Such conversions will only be permitted when
the conversion is in compliance with the policies of this Plan.
If a proposed use does not conform to the implementing zoning by-law, a
by-law amendment to permit such use may be passed by Council and approved
in accordance with Section 34 of the Planning Act prior to the conversion.
PUBLIC USES
Except as provided specifically elsewhere in this Plan, it shall be the policy that
road and railroad rights-of-way and local utilities such as gas lines, pipelines,
electrical lines and telephone lines and local public parks are permitted in all
land use designations shown on Schedule A, provided that the location of such
rights-of-way, facilities and parks are approved by Council; that it is necessary
in the area; that it can be made compatible with its surroundings; and that
adequate measures are taken to ensure this compatibility.
38
SECTION 5(9)
(8)
(9)
Amendment No. 3
(10)
GENERAL LAND USE POLICIES
Notwithstanding the above, all existing electric power facilities and the
development of new electric power facilities operating at 50 kilovolts and
above, or facilities that transform from above 50 kilovolts to less than 50
kilovolts, including all works as defined in the Power Comoration Act, shall
be permitted in all land use designations shown on Schedule A and shall be
considered to conform to the policies of this Plan, provided that such
development satisfies the provisions of the Environmental Assessment Act and
the Regulations passed thereunder.
Ontario Hydro shall be required to consult with Council regarding the location
of new electric power facilities.
ACCESSORY USES
Wherever a use is permitted in a land use designation, it is intended that uses,
buildings or structures normally incidental, accessory and essential to that use
also be permitted.
CROWN LANDS
The policies of this Plan are not binding on undertaldngs carried out on Crown
lands by the Crown or its agents. However, Council will encourage senior
levels of government to comply with the policies of this Plan, wherever
possible. Therefore, the use of Crown lands in the Township will generally be
in accordance with the La,nd Use Guidelines and other plans as constituted
from time to time by the Ministry of Natural Resources. Where development is
proposed on Crown lands, which have been disposed of in fee simple, an
amendment to this Plan will be required prior to the development of the lands
unless such uses are already permitted under the appropriate designation in this
Plan.
GROUP HOMES
Group homes may be permitted in single-family dwelling houses throughout the
Township. Group homes, where three to ten residents (excluding staff or the
receiving family) live as a family under responsible supervision consistent with
39
SECTION 5(10)
(11)
Amendment No. 3
Amendment No. 3
(12)
GENERAL LAND USE POLICIES
the requirements of the residents, must be licensed or approved under
Provincial statute and in compliance with all municipal by-laws.
HERITAGE CONSERVATION
All new development permitted by the land use policies and designations
contained in this Plan shall have regard for archaeological sites, buildings and
structures of historical and architectural significance and areas and landscapes
of historic and scenic interests which represent or reflect the patterns of
settlement or use of the landscape over a long period of time. Historical
buildings, structures and landscapes all possess unique qualities which
transcend mere facade restoration and strive to enrich the Township's cultural
heritage and maintain a special identity within the Township. Wherever
possible, such heritage resources will be incorporated into any site plan or
design that may be prepared for such new development within the Township.
Encouragement
shall be given to conservation, protection, renovation,
rehabilitation and re-use of heritage resources.
Council recognizes that there may be archaeological remnants of prehistoric
and early historic habitation within the Township. Council will, in consultation
with the Ministry of Culture, Tourism and Recreation, encourage
archaeological surveys by archaeologists licensed pursuant to the Ontario
Heritage Act. to ensure the preservation, rescue excavation and conservation
of significant archaeological resources which might be affected in any future
development.
ENERGY CONSERVATION
When considering a development application, Council shall deal with the land
use issues in a way which is sensitive to energy conservation in order to give
the public both certainty and encouragement to propose energy conservation
measures. Council shall support development proposals which have
incorporated energy conservation measures (such as the solar orientation of
streets, lots and buildings and landscaping to reduce space heating/cooling
loads) and have suggested innovative structural designs while complying with
the relevant provisions of Section 3 of this Plan. In order to encourage more
efficient proposal designs, Council shall support site specific zoning
amendments or minor variances in order to accommodate the energy
40
SECTION 5(12)
Amendment No. 3
GENERAL LAND USE POLICIES
conservation measures.
(13)
HOUSING
Detailed policies, programs and goals shall be established in the Housing
Statement, as adopted and amended from time to time by Council.
The
Housing Statement shall include objectives and policies related to:
the conservation and maintenance of the existing housing stock of all
types,·
the encouragement of additions and improvements to the housing stock
by new development, and redevelopment;
the provision of housing for special needs groups; and
coordinating and monitoring activities in the housing field, and/actors
of supply, demand and senior government programs.
Council shall assist the local Housing Authority in any studies which are
undertaken to determine the need for assisted housing, particularly senior
citizen housing which would accommodate the Municipality's aging population
for the purpose of setting targets, and these targets shall be monitored by the
Municipality regularly.
(14)
WETLANDS
At this time there has been no evaluation or designation of wetlands in the
Municipality. Therefore, as provincially significant wetlands are identified by
the Ministry of Natural Resources, they shall be identified and protected in
accordance with the Provincial Wetlands Policy Statement by Amendment to
this Plan.
41
SECTION 6
(1)
Amendment No. 3
(2)
LAND USE POLICIES
LAND USE PLAN
The land resources of the Township shall be developed in accordance with the
land use plan shown on Schedule A hereto and the policies contained in this
Plan. Schedule A establishes the general pattern of development by dividing
the Township into the following land use designations:
Environmental Protection
Agriculture
Rural
ENVIRONMENTAL PROTECTION
The policies for the areas designated "ENVIRONMENTAL PROTECTION"
on Schedule A hereto are as follows:
(a)
GENERAL POLICIES FOR ENVIRONMENTAL PROTECTION
DESIGNATIONS:
(i)
Development Patterns
(ii)
Development shall
be
restricted on lands designated
Environmental Protection.
Lands designated Environmental
Protection shall include all lands which are susceptible to
flooding,
erosion or bank failure, or which contain
environmental features which, if developed, would result in
property damage and/or loss of life.
Notwithstanding Section 5(5) of this Plan, enlargements or
extensions to non-conforming uses on lands designated
Environmental Protection shall be discouraged.
Development Requirements
To ensure proper development of each site in Environmental
Protection designations, all development shall comply to the
relevant policies of Section 5 of this Plan.
42
SECTION 6(2)(b)
(b)
LAND USE POLICIES
POLICIES FOR NON-RESIDENTIAL USES IN ENVIRONMENTAL
PROTECTION DESIGNATIONS:
(i)
(ii)
Uses Pennitted
The main land uses permitted in Environmental Protection
designations may include agriculture, nursery gardening, flood
and erosion control works, conservation areas, outdoor
recreation facilities, wildlife management areas, low intensity
parks and similar uses.
Uses Prohibited
No buildings or structures shall be pennitted within
Environmental Protection designations except where such are
intended for flood or erosion control or are nonnally associated
with watercourse protection works or bank stabilization projects
and are approved by Council, in consultation with the Ministry
of Natural Resources.
The placing or removal of fill of any kind, whether originating
on the site or elsewhere, shall be prohibited in flood plains or in
areas subject to periodic flooding unless the written consent of
the Ministry of Natural Resources and/or Municipal Engineer
have been obtained.
(iii)
Plan Amendment Considerations
Where any lands within Environmental Protection designations
are under private ownership, this Plan does not intend that such
lands will necessarily remain under Environmental Protection
designations indefinitely. It shall be construed as implying
neither that such areas are free and open to the general public
nor that such lands will be purchased by the Corporation or
other public agency. If the Council or other public agency does
not wish to acquire these lands at the time when application for
their redesignation for other purposes is duly completed and
submitted, then such application may be given due consideration
by Council if the proposal complies with the fol lowing policies:
43
SECTION 6(2)(b)(iii)
LAND USE POLICIES
To ensure that any development which takes place within
Environmental Protection designations is compatible with
the natural environment, Council shall assess each
development application to see that the proposal will
enhance and, where necessary and possible, conserve or
restore the natural features. In this regard. Council may
require that a study be conducted, at the expense of the
applicant, to determine the environmental impact of such
development. Notwithstanding the above, no municipal
environmental impact study shall be required for any
undertaking which has been authorized pursuant to the
Environmental Assessment Act.
An application for the development of lands within
Environmental Protection designations will only be
considered if an engineering report, prepared for Council
and paid for by the applicant, demonstrates that the
environmental problem associated with the subject lands
can be remedied. Such report should include:
a description of the environmental problem;
the potential effects of the problem;
the proposed methods for remedying the problem
in a manner consistent with accepted engineering
techniques and resource management practices;
and
certification that such problem will not be
transferred to another area.
If any development requires remedial works to overcome
an environmental problem. Council may request that the
applicant enter into an Agreement with the Township
whereby the applicant carries out the work to the
satisfaction of the Ministry of Natural Resources at the
applicant's expense.
44
SECTION 6(2)(b)(iii)
Amendment No. I
(3)
LAND USE POLICIES
There is no public obligation, however, either to redesignate or
to purchase any land if there is an existing or potential
environmental problem that would be difficult or costly to
overcome.
Lands deemed suitable for development by Council, in
consultation with the Ministry of Natural Resources and based
on an Engineering Report, will not require a plan amendment to
redesignate the lands.
Where such changes occur, the
appropriate abutting land use designation shall apply and the
implementing zoning by-law shall be amended accordingly.
(iv)
Mapping Changes
Whenever any flood control or other remedial works or detailed
flood mapping studies are undertaken which result in significant
changes in the Environmental Protection designation, Schedule
A to this Plan will be, in conjunction with the Ministry of
Natural Resources, accordingly amended.
(v)
Zoning
Areas designated Environmental Protection shall be placed in an
Environmental Protection zone by implementing zoning
by-laws.
Such by-laws may contain general and specific
provisions to regulate development in and adjacent to areas
having environmental problems.
AGRICULTURE
The policies for areas designated" AGRICULTURE" on Schedule A hereto are
as follows:
45
SECTION 6(3)(a)
(a)
Amendment No. 3
-
LAND USE POLICIES
GENERAL POLICIES FOR AGRICULTURE DESIGNATIONS:
(i)
(ii)
Development Patterns
The development pattern should be directed to the protection of
good agricultural land for agricultural purposes on a long-term
basis. Good agricultural lands shall be defined as lands having
Class 2, 3 or 4 soil capability for agriculture, as defined by the
Canada Land Inventory, which are accessible from the existing
road system and additional areas where farms exhibit
characteristics of ongoing viable agriculture.
Where the agricultural capability of a given site is in question,
Council, in consultation with the Ministry of Agriculture and
Food, shall have the site inspected and shall utilize the results of
that inspection in determining the appropriate land use for the
site.
The development patterns should be directed away from lands
exhibiting high resource potential. Where the resource potential
of a given site is in question, Council, in consultation with the
Ministry of Northern Development and Mines, Ministry of
Natural Resources and the Ministry of Agriculture and Food,
shall have the site inspected and shall utilize the results of that
inspection in determining the appropriate land use for the site.
Development Requirements
To ensure the adequate and economical provision of services
and the proper development of each site in Agriculture
designations, all development shall comply with the relevant
policies of Sections 3 and 5 of this Plan. Land division within
Agriculture designations shall be in accordance with the policies
contained in Section 4 of this Plan.
46
SECTION 6(3)(b)
(b)
Amendment No. 3
Amendment No. 3
LAND USE POLICIES
POLICIES FOR AGRICULTURAL USES IN AGRICULTURE
DESIGNATIONS:
(i)
(ii)
(iii)
Uses Permitted
The agricultural uses permitted in Agriculture designations may
include farming operations and accessory buildings and
structures and farm-related single detached dwellings.
A bona-fide farmer, as determined by the Ministry of
Agriculture and Food, may have additional dwellings, including
a bunkhouse or trailer, for individuals working on the farm
full-time, with the approval of Council; however, a consent to
convey shall not be permitted. The additional dwellings in such
cases shall remain the property of the farm owner unless such
dwelling is considered surplus through farm amalgamation. The
services for all existing dwellings, plus the new dwelling, shall
be approved by the Ministry of the Environment or the local
Health Unit.
Farm Building Location
The location of new farm buildings and structures shall comply
wit the minimum distance separation criteria[ outlined in the
Agricultural Code of Practice, as amended from time to time,
and the implementing zoning by-laws.
Zoning
Agricultural uses will normally be placed in an agriculture zone
by implementing zoning by-laws.
Council may, where
necessary, consider establishing a special agriculture zone for
the control and protection of specialized farms. Other special
agriculture zones may be applied to nurseries and similar
agricultural uses which do not require as large an area as
conventional farming operations.
47
SECTION 6(3)(c)
Amendment No. 3
Amendment No. 3
(c)
LAND USE POLICIES
POLICIES
FOR
CONSERVATION,
FORESTRY
AND
RECREATIONAL USES IN AGRICULTURE DESIGNATIONS:
(i)
(ii)
Uses Pennitted
The conservation, forestry and recreational uses pennitted in
Agriculture designations may include conservation areas,
forestry operations, snowmobile trails and riding trails and
similar recreational uses which do not require buildings or other
structures on the lands and do not alter the soil and/or
topography adversely.
Also pennitted will be land uses
considered to be appropriate by the Ministry of Natural
Resources, only insofar as those uses shall apply to Crown
properties.
Zoning
Conservation, forestry and recreational uses may be placed in an
agriculture zone by implementing zoning by-laws.
(d)
POLICIES FOR RESIDENTIAL USES
IN AGRICULTURE
DESIGNATIONS:
(i)
(ii)
Uses Pennitted
The residential uses pennitted in Agriculture designations may
include fann-related single detached dwellings and home
occupations and home industries.
Restricted Locations
Fann-related single detached dwellings shall be restricted as
follows:
development shall not be pennitted in close proximity to
any specialized fanning operations such as piggeries,
feed lots, poultry fanns or fur fanns; and
48
SECTION 6(3)(d)(ii)
Amendment No. 3
Amendment No. 3
LAND USE POLICIES
development shall not occur on or near lands in close
proximity to disposal operations in accordance with
Section 3(2) of this Plan or other potentially
incompatible uses.
(iii)
Home Occupations and Home Industries
(iv)
Home occupations and home industries shall be strictly
regulated to ensure their compatibility with the residential use.
Zoning
Farm-related single detached dwellings, home occupations and
home industries may be placed in an agriculture or rural zone by
implementing zoning by-laws.
(e)
POLICIES FOR COMMERCIAL AND INDUSTRIAL USES IN
AGRICULTURE DESIGNATIONS:
(i)
(ii)
Uses Permitted
The commercial and industrial uses permitted in Agriculture
designations may include uses directly related to agriculture and
necessary in proximity to farm operations. These uses include
livestock assembly points, grain drying, storage for fresh
produce, custom machining operations and sprayers and any
other similar uses which may be deemed by Council, in
consultation with the Ministry of Agriculture and Food, as
necessary and appropriate in Agriculture designations.
Uses Prohibited
Uses that do not conform to the Health Protection and
Promotion Act, the Environmental Protection Act and/or the
Ontario Water Resources Act and any Regulations passed
thereunder shall be prohibited.
49
SECTION 6(3)(e)(iii)
LAND USE POLICIES
Amendment No. I
(j)
[Amendment No. 3]
[Amendment No. 3)
(iii)
Restricted Locations
Commercial and industrial uses shall be:
directed to lands where soils exhibit lower agricultural
capability;
directed away from active agricultural lands;
preferably directed to a Rural designation or grouped
together and not scattered throughout Agriculture
designations; and
small-scale operations with a limited number of
employees servicing the needs of the local population.
(iv)
Scale of Operations
(v)
Lots shall be of adequate size to permit the location of the
commercial or industrial use in an unobtrusive manner.
Zoning
Commercial and industrial uses may be placed in separate
zoning categories by implementing zoning by-laws.
POLICIES
FOR
EXTRACTIVE
USES
IN
AGRICULTURE
DESIGNATIONS:
(i)
Uses Permitted
The main land uses permitted may include quarrying and the
extraction of sand, gravel and other mineral aggregates and
wayside pits and wayside quarries [plus non-aggregate
minerals]. Accessory facilities may be provided tor crushing,
screening, aggregate storage and equipment maintenance.
Pits and quarries, [mining operations] and wayside pits and
wayside quarries shall only be permitted provided they are
50
SECTION 6(3)(f)(i)
Amendment No. I
Amendment No. 3
Amendment No. I
(ii)
[Amendment No. 3]
(iii)
[A Minister's Mod 2]
[Amendment No. 3]
LAND USE POLICIES
issued a permit by the Ministry of Natural Resources pursuant
to the Mining Act to establish on Crown laJJds or provided pit
and quarry operators have entered into an Agreement with the
Township pursuant to the Corporation 's Pits and Quarries
Control By-law to establish on patent lands.
Processing operations, including portable asphalt plants used by
a public road authority or their agent are permitted subject to
the following:
a certificate of approval from the Ministry of
Environment and Energy must be obtained, where
required;
the Ministry of Environment and Energy's minimum
separation distance must be complied with;
plants shall be removed from the site upon completion of
the public project; and
sites used for a plant shall be rehabilitated back to their
former agricultural use.
Uses Prohibited
Uses that do not conform to the [Mining Act, the Aggregates
Resources Act, the Health Protection and Promotions Act,] the
Environmental Protection Act and/or the Ontario Water
Resources Act. and any regulation passed thereunder, shall be
prohibited.
Environmental Considerations
Any operations determined to be located in [environmental
problem areas] shall comply with the policies contained in
Section 5 (2) (f) of this Plan and the Ministry of the
Environment's guidelines for blasting noise and vibrations.
51
SECTION 6(3)(f)(vi)
Amendment No. I
(Amendment No. 3]
Amendment No. 3
A Minister's Mod 3
Amendment No. I
[Amendment No. 3]
[Amendment No. 3]
LAND USE POLICIES
(iv)
Additional Regulations
(v)
Council may enact additional regulations pursuant to the
provisions of the Municipal Act to regulate the operation of pits
and quarries, [mining operations] by amending the Township's
Pits and Quarries Control By-law.
Rehabilitation
All extractive operators shall ensure the rehabilitation of their
site is carried out and substantially the same acreage and
average soil capability for agriculture are restored on the site.
The Mining Act contains very stringent rehabilitation
requirements that provide for rehabilitation plans to be
submitted and approved, plus fees are to be paid to the Ministry
of Northern Development and Mines to provide for any failure
to rehabilitate the mining operations site.
(vi)
Zoning
Pit and quarry [and mines] uses shall be placed in an industrial
zone which permits extractive operations by implementing
zoning by-laws.
Any site where new pit or quarry [and mines] uses are proposed
or a major expansion to an existing site is proposed will require
a zoning by-law amendment. No such amendment shall be
enacted until an appropriate Agreement has been entered into
with the owner in accordance with the Township's Pits and
Quarries Control By-law.
Wayside pits and wayside quarries may be placed in agriculture
and rural zones by implementing zoning by-laws so an to
preclude the necessity 0£ rezoning for new wayside pits or
wayside quarry uses.
The permitted processing operations may be placed in a special
extractive industrial zone by implementing zoning by-laws.
52
SECTION 6(3)(t)(vi)
A Minister's Mod 3
[Amendment Mo. 3]
LAND USE POLICIES
When considering Zoning By-law amendments far expansions
to and/or new pits and quarries [and mines], Council, in
consultation with the appropriate authority, shall evaluate
these rezoning requests based on the following criteria.:
impact of traffic densities/truck routes to be used;
proposed buffering/screening and the effect the
buffering and screening may have on the lands;
effect on drainage and water table,·
proximity to su"ounding land uses;
the impact of blasting and noise vibrations on
surrounding land uses;
setbacks from other uses and the effect setbacks may
have on the su"ounding lands;
the physical characteristics of the site;
the availability of sites for the disposal of wastes; and
the conformity with other legislation and regulations.
(g)
POLICIES
FOR
WASTE
DISPOSAL
OPERA TIO NS
IN
AGRICULTURE DESIGNATIONS:
(i)
(ii)
Uses Permitted
The waste disposal operations permitted in Agriculture
designations shall include sanitary landfill sites.
Sanitary Landfill Sites
New operations require approval of the proposed site from the
Ministry of the Environment and Council as to the location,
characteristics of the operation, buffer planting and screening,
53
SECTION 6(3)(g)(ii)
Amendment No. I
(4)
Amendment No. 3
Amendment No. 3
LAND USE POLICIES
etc., in accordance with the Environmental Protection Act and
the Environmental Assessment Act.
(iii)
Re-use of Site
No use shall be made of lands which have been used for the
disposal of waste within a period of twenty-five (25) years from
the time such land ceases to be used as a waste disposal site.
(iv)
Zoning
RURAL
Waste disposal uses may be permitted in a separate waste
disposal industrial zone by implementing zoning by-laws.
The policies for areas designated "RURAL" on Schedule A hereto are as
follows:
(a)
GENERAL POLICIES FOR RURAL DESIGNATIONS:
(i)
Development Patterns
The development pattern should be directed away from lands
where existing farms exhibit characteristics of ongoing viable
agriculture and lands exhibiting high resource potential.
Where the resource potential of a given site is in question,
Council, in consultation with the Ministry of Natural Resources
and the Ministry of Northern Development and Mines, shal I have
the site inspected and shall utilize the results of that inspection
in determining the appropriate land use for the site.
Existing extractive operations are located in the southern half of
Lot 4, Concession VI and northern half of Lot 3, Concession VI.
Future development,
incompatible with these extractive
operations, shall be prohibited from the vicinity of these
locations.
54
SECTION 6( 4)(a)(ii)
Amendment No. 3
Amendment No. 3
(ii)
LAND USE POLICIES
Development Requirements
To ensure the adequate and economical provision of services
and the proper development of each site in Rural designations,
all development shall comply with the relevant policies of
Sections 3 and 5 of this Plan. Land division within Rural
designations shall be in accordance with the policies contained
in Section 4 of this Plan. All development shall comply with the
minimum distance separation requirements of the Agricultural
Code of Practice and the implementing zoning by-laws.
(b)
POLICIES
FOR
AGRICULTURAL
USES
IN
RURAL
DESIGNATIONS:
(i)
(ii)
Uses Permitted
The agricultural uses permitted in Rural designations may
include farming operations and accessory buildings and
structures and single detached farm-related dwellings.
A bona-fide farmer, as determined by the Ministry of
Agriculture and Food, may have an additional dwelling,
including a bunkhouse or trailer, for individuals working on the
farm full-time, with the approval of Council. The services for
all existing dwellings, and any new dwellings, shall be approved
by the Ministry of the Environment or the local Health Unit.
Zoning
Agricultural uses will normally be placed in a rural or
agriculture zone by implementing zoning by-laws. Council may,
where necessary, consider establishing a special rural or
agriculture zone for the control and protection of specialized
farms. Other special rural or agriculture zones may be applied
to nurseries and similar agricultural uses which do not require
as large an area as conventional farming operations.
55
SECTION 6(4)(c)
Amendment No. 3
. .. .
,
. . -
-
LAND USE POLICIES
(c)
POLICIES
FOR
CONSERVATION,
FORESTRY
AND
RECREATIONAL USES IN RURAL DESIGNA'fIONS :
(i)
(ii)
Uses Permitted
The conservation, forestry and recreational uses permitted in
Rural designations may include conservation areas, forestry
operations, snowmobile trails and riding trails and similar
recreational uses. Also permitted will be land uses considered to
be appropriate by the Ministry of Natural Resources, only
insofar as those uses shall apply to Crown properties.
Zoning
Conservation, forestry and recreational uses may be placed in a
rural or agriculture zone by implementing zoning by-laws.
(d)
POLICIES FOR NON-FARM RESIDENTIAL USES IN RURAL
DESIGNATIONS:
(i)
(ii)
Uses Permitted
The non-farm residential uses permitted in Rural designations
may included single detached dwellings and home occupations
and home industries.
Restricted Locations
Non-farm residential uses shall be restricted as fol lows:
development shall not be permitted in close proximity to
any specialized farming operations such as piggeries,
feed lots, poultry farms or fur farms; and
development shall not occur on or near lands in close
proximity to disposal operations in accordance with
Section 3(2) of this Plan or other potentially
incompatible uses.
56
SECTION 6(4}(d)(iii)
LAND USE POLICIES
Amendment No. 3
Amendment No. 2
(iii)
Home Occupations and Home Industries
Home occupations and home industries shall be strictly
regulated to ensure their compatibility with the residential use.
(iv)
Zoning
Non-farm residential uses, home occupations and home
industries may be placed in a rural zone by implementing zoning
by-laws.
(e)
POLICIES FOR PUBLIC AND INSTITUTIONAL USES IN RURAL
DESIGNATIONS:
(i)
(ii)
Uses Permitted
The public and institutional uses permitted in Rural designations
may include such uses as cemeteries, churches and accessory
dwellings, community halls, fire halls, municipal offices,
municipal garages, parks, recreational trails and recreational
facilities.
In addition, a sawmill shall be permitted in Lot 8, Concession
IV.
Zoning
Public and institutional uses may be placed in appropriate open
space or institutional zones by implementing zoning by-laws.
(f)
POLICIES FOR COMMERCIAL AND INDUSTRIAL USES IN
RURAL DESIGNATIONS:
(i)
Uses Permitted
The commercial and industrial uses permitted in Rural
designations may include such uses as abattoirs, carpentry
shops, electrical shops, metalworking shops, plumbing shops,
welding shops, woodworking shops, school bus agencies,
57
. ··,.
SECTION 6( 4)(f)(i)
Amendment No. 3
Amendment No. 3
(ii)
LAND USE POLICIES
commercial garages, trucking businesses, service and repair
shops and any other similar use which may be deemed by
Council as necessary and appropriate.
Accessory Residential Uses
One residential unit may be permitted as an accessory use to a
permitted commercial or industrial use, except where the nature
of the main use would be hazardous for the close proximity of
a residence.
In such hazardous conditions, a residential
dwelling may be permitted, but separated by a safe distance.
(iii)
Uses Prohibited
Uses that do not conform to the Public Health Act, the
Environmental Protection Act and/or the Ontario Water
Resources Act and any Regulations passed thereunder shall be
prohibited.
(iv)
Restricted Locations
(v)
Commercial and industrial uses shall be directed away from
active agricultural lands.
La.nds in the north half of Lots 8 and 9, Concession IV and the
south half of Lots 7 and 8, Concession V shall generally be
given priority to accommodate new large-scale commercial and
industrial development in order to minimize the overall impact
on the environment and local resources related to the
agricultural and resource base of the Municipality and to
discourage scattered development.
Scale of Operations
Lots shall be of adequate size to permit the location of the
commercial or industrial use in an unobtrusive manner.
58
·: : .
SECTION 6(4)(f)(vi)
LAND USE POLICIES
Amendment No. I
(g)
[Amendment No. 3)
[Amendment No. 3)
[Amendment No. 3]
[Amendment No. 3)
(vi)
Zoning
Commercial and industrial uses may be placed in separate
zoning categories by implementing zoning by-laws.
POLICIES FOR EXTRACTIVE USES IN RURAL DESIGNATIONS;
(i)
(ii)
Uses Permitted
The main land uses permitted may include quarrying and the
extraction of sand, gravel and other mineral aggregates and
wayside pits and wayside quarries, [plus non-aggregate
minerals]. Accessory facilities may be provided for crushing,
screening, aggregate storage and equipment maintenance.
Pits and quarries, [mining operations] and wayside pits and
wayside quarries shall only be permitted provided they are
issued a permit by the Ministry of Natural Resources pursuant
to the Mining Act to establish on Crown lands or provided pit
and quarry operators have entered into an Agreement with the
Township pursuant to the Corporation 's Pits and Quarries
Control By-law to establish on patent lands.
Processing operations, including concrete batching and
asphalt-making, [plus mineral processing plants] may be
permitted, provided that these operations are compatible with
surrounding land uses and will, in no way, retard the
rehabilitation of the pit or quarry for other uses.
Uses Prohibited
Uses that do not conform to [the Mining Act, the Aggregates
Resources Act, the Health Protection and Promotions Act/, the
Environmental Protection Act and/or the Ontario Water
Resources Act, and any regulations passed thereunder, shall be
prohibited.
59
SECTION 6( 4)(g)(iii)
Amendment No. I
A Minister's Mod 2
(Amendment No. 3)
Amendment No. 3
Amendment No. 3
Amendment No. I
(Amendment No. 3)
LAND USE POLICIES
(iii)
Environmental Considerations
(iv)
(v)
Any operations determined to be located in environmental
problem areas shall comply with the policies contained in
Section 5 (2) (j) of this Plan and the Ministry of the
Environment's guidelines for blasting noise and vibrations.
Additional Regulations
Council may enact additional regulations pursuant to the
provisions of the Municipal Act to regulate the operation of pits
and quarries, [mining operations] by amending the Township's
Pits and Quarries Control By-law.
Portable Asphalt Plants
Processing operations, including portable asphalt plants used by
a public road authority or their agent are permitted subject to
the following:
a certificate of approval from the Ministry of
Environment and Energy must be obtained, where
required;
the Ministry of Environment and Energy's minimum
separation distance must be complied with;
plants shall be removed from the site upon completion of
the public project; and
sites used for a plant shall be rehabilitated back to their
former use.
[(vi)] Zoning
Pit and quarry [and mines] uses shall be placed in an industrial
wne which permits extractive operations by implementing
wning by-laws.
60
SECTION 6( 4)(g)(vi)
Amendment No. 1
[Amendment No. 3]
A Minister's Mod 4
Amendment No. 3
LAND USE POLICIES
Any site where new pit or quarry [and mines] uses are proposed
or a major expansion to an existing site is proposed will require
a zoning by-uzw amendment. No such amendment shall be
enacted until an appropriate Agreement has been entered into
with the owner in accordance with the Township's Pits and
Quarry Control By-uzw.
Wayside pits and quarries may be puzced in agriculture and
rural zones by implementing zoning by-uzws so as to preclude
the necessity of rezoning for new wayside pit or wayside quarry
uses.
The permitted processing operations may be puzced in a special
extractive industrial zone by implementing zoning by-uzws.
When considering 7-oning By-uzw amendments for expansions
to and/or new pits and quarries [and mines], Council, in
consultation witli the appropriaJe authority, shall evaluate
these rezoning requests based on the following criteria:
impact of traffic densities/truck routes to be used;
proposed buffering/screening and the effect the
buffering and screening may have on the uznds;
effect on drainage and water table;
proximity to su"ounding uznd uses,·
the impact on buzsting and noise vibrations on
surrounding uznd uses;
setbacks from other uses and the effect setbacks may
have on the surrounding uznds,·
the physical characteristics of the site;
the avaiuzbility of sites for the disposal of wastes; and
61
SECTION 6(4)(g)(vi)
A Minister's Mod 4
Amendment No. 3
A Minister's Mod 5
Amendment No. 3
(h)
LAND USE POLICIES
the con/ ormity with other legislation and regulations.
[(vii)] Rehabilitation
All extractive operators shall ensure the rehabilitation of their
site is carried out to a standard compatible with the adjoining
lands.
The Mining Act contains very stringent rehabilitation
requirements that provide for rehabilitation plans to be
submitted and approved, plus fees are to be paid to the Ministry
of Northern Development and Mines to provide for any failure
to rehabilitate the mining operations site.
POLICIES FOR WASTE DISPOSAL OPERA TIO NS IN RURAL
DESIGNATIONS:
(i)
Uses Permitted
(ii)
The waste disposal operations permitted in Rural designations
shall include sanitary landfill sites.
Sanitary Landfill Sites
New operations require approval of the proposed site from the
Ministry of the Environment and Council as to the location,
characteristics of the operation, buffer planting and screening,
etc., in accordance with the Environmental Protection Act and
the Environmental Assessment Act.
(iii)
Re-use of Site
No use shall be made of lands which have been used for the
disposal of waste within a period of twenty-five (25) years from
the time such land ceases to be used as a waste disposal site.
62
SECTION 7
(1)
(2)
(3)
--
IMPLEMENTATION
GENERAL
This Plan shall be implemented by means of the powers conferred upon
Council and other public agencies by the Planning Act, the Building Code Act,
the Public Lands Act, the Municipal Act and such other slatutes as may be
applicable.
APPLICATION PROCESSING FEE BY -LAW
Council shall prescribe by by-law a tariff of fees for the processing of its
"APPLICATION FOR AMENDMENT TO OFFICIAL PLAN AND/OR
ZONING BY-LAW" and "APPLICATION FOR PLAN OF SUBDIVISION"
and any other application made in respect of planning matters.
Council shall continually monitor its by-law to ensure that the fees reflect the
cost of processing each application and shall amend the by-law when necessary.
LAND USE CONTROLS
(a)
COMPREHENSIVE ZONING BY-LAW:
A comprehensive zoning by-law, passed pursuant to Section 34 of the
Planning Act, shall be brought into effect by Council following
adoption of this Plan. Such by-law shall zone land in accordance with
the proposals contained in this Plan and will establish regulations to
control the use of lands and the character, location and use of buildings
and structures.
Comprehensive zoning by-laws shall be subject to the provisions of the
Planning Act and the Regulations passed thereunder regarding the
period for advanced notice of a public meeting; the means of
notification for the public meeting; the persons to be notified regarding
the passing of the by-law; and the notification for subsequent meetings
should major changes be made to the proposed by-law. Council shall
hold all public meetings and may schedule them so that third reading
and the final passing of the by-law can be completed at that time.
64
SECTION 7(3)(a)(i)
(i)
IMPLEMENTATION
Zoning of Confonning Land Uses
Land uses existing on the date of approval of this Plan, which
confonn to the land use designations shown on Schedule A
hereto, shall be zoned in accordance with the zoning policies of
this Plan which pertain to the appropriate land use designations.
(ii)
Zoning of Non-Confonning Land Uses
Land uses existing on the date of approval of this Plan, which
do not confonn to the land use designations shown on Schedule
A hereto, may be recognized for their present use and standards
in implementing zoning by-laws but the zoning on such lands
shall not be further amended except in conformity with this
Plan.
(iii)
Zoning of Undeveloped Lands
It is not the intention of Council to zone all lands immediately
to confonn to the land use designations shown on Schedule A
hereto.
Any undeveloped lands whereon Council has made a
commitment to development may be zoned in accordance with
the zoning policies of this Plan which pertain to the appropriate
land use designation.
Such commitment of Council shall
nonnally be in the fonn of an approved land severance and/or
a signed subdivision or development agreement. Undeveloped
lands in the Rural designation may be zoned to pennit infilling
or minor extensions of existing development patterns.
(b)
ZONING AMENDMENTS:
(i)
Applications
When Council receives an application for a development which
it considers at that time to be desirable, not premature and in
confonnity with the policies and designations of this Plan,
Council may pass a by-law amending the zoning by-law.
65
SECTION 7(3)(b)(i)
(ii)
IMPLEMENTATION
Council may, as a condition of development, require the owner
of the land to enter into one or more agreements with the
Corporation dealing with the provision, maintenance and use of
certain facilities and matters as set forth in the Planning Act.
All applications for zoning amendments must be accompanied
by Council's "APPLICATION FOR AMENDMENT TO
OFFICIAL PLAN AND/OR ZONING BY -LAW" and comply
with the conditions and procedures thereof.
Public Meeting and Notification Procedures
Zoning by-law amendments shall be subject to the provisions of
the Planning Act and the Regulations passed thereunder
regarding the period for advanced notice of a public meeting;
the means of notification for the public meeting; the persons to
be notified regarding the passing of the by-law amendment; and
the notification for subsequent meetings, should major changes
be made to the proposed by-law. Council shall hold all public
meetings and may schedule them so that third reading and the
final passing of the by-law can be completed at that time.
Where an amendment to the comprehensive zoning by-law to
remove a holding symbol is proposed, the procedure shall be in
accordance with Section 35( 4) of the Planning Act and the
Regulations passed thereunder.
(c)
PARKLAND CONVEYANCE BY-LAWS:
In accordance with Section 41(1) of the Planning Act, Council shall
enact a by-law, applicable to the entire Township, requiring land to be
conveyed or money to the value of the land otherwise to be conveyed
in lieu of such conveyance, for development or redevelopment of
commercial and industrial purposes in an amount not exceeding 2 % ,
and in all other cases 5 % for park or other public recreational purposes.
(d)
COMMITTEE OF ADJUSTMENT:
Should Council determine a need for the services of a Committee of
Adjustment, Council shall pass a by-law in accordance with Section
66
-- "·
SECTION 7(3)(d)
IMPLEMENTATION
43(1) of the Planning Act to constitute and appoint a Committee.
If Council determines the need for the Committee to grant minor
variances from the provisions of any by-law of the Corporation that
implements the Official Plan, or from such by-laws of the Corporation
as are specified and which implement the Official Plan, then a by-law
shall be enacted in accordance with Section 44(3) of the Planning Act.
(e)
MAINTENANCE AND OCCUPANCY BY-LAWS:
Council shall enact a by-law in accordance with Section 31 of the
Planning Act to establish minimum standards for the following:
the physical condition of buildings and structures;
the physical condition of lands;
the adequacy of sanitation; and
the fitness of buildings and structures for occupancy.
The by-law may also require that substandard properties be repaired and
maintained to comply with the standards; prohibit - the use of
substandard property; and require the demolition and clearing of such
property where the owner does not intend to repair and maintain it.
Upon enacting a Maintenance and Occupancy By-law, Council shall
appoint a Property Standards Officer who will be responsible for
administering and enforcing the by-law.
Also, Council shall appoint a Property Standards Committee, in
accordance with Section 31(11) of the Planning Act for the purpose of
hearing appeals against an order issued by the Property Standards
Officer.
The measures to be used generally in achieving a property maintenance
program would include an education and public relations program to
show residents the benefits of continued property maintenance, together
with information showing that improvements can be made without
67
SECTION 7(3)(e)
(4)
IMPLEMENTATION
increasing assessment.
Complimentary to the enforcement of property standards on private
properties, the Corporation shall undertake to keep in a fit and
well-maintained condition all municipally-owned properties and
structures, and to provide or maintain in good repair such municipal
services as roads, waste disposal sites and parks.
(t)
DEMOLITION CONTROL AREA BY-LAWS:
Where a Maintenance and Occupancy By-law is in effect, Council may
enact a by-law designating any area within the Township to which the
standards of maintenance and occupancy applies to control the
demolition of the whole or any part of any residential property within
that area.
(g)
GRANTS OR LOANS TO REPAIR PROPERTY:
Where a Maintenance and Occupancy By-law is in effect, Council may
enact a by-law for providing grants or loans to the registered owner or
assessed owners of land, in respect of which a notice has been sent, to
help to pay for the whole or any part of the cost of repairs to be done,
or the clearing, grading and levelling of the lands, on such terms and
conditions as may be prescribed by Council.
GENERAL CONTROLS
(a)
BUILDING BY-LAWS:
Council shall review its Building By-law regularly and, where necessary
and applicable, update the By-law pursuant to the provisions of the
Building Code Act. Council shall also ensure that its Building By-law
properly implements the policies of this Plan as reflected in the
implementing zoning by-laws.
(b)
ENVIRONMENTAL IMPACT ASSESSMENT:
Nothing in this Plan shall allow an undertaking, subject to the
Environmental Assessment Act, to proceed except in compliance with
68
SECTION 7(4)(b)
IMPLEMENTATION
the Act. Council shall not issue any pennit, approval or consent that
may allow an undertaking, subject to the Act, to proceed without an
approval under the Act.
Since the overall intent of this Plan is to protect the Township's
amenities and resources. Council or the Provincial government may
require investigations as to the effects of significant proposed
development.
These investigations shall be required in the fonn of an assessment of
the impact on the environment and shall generally be required for all
major or significant development projects including new roads, utilities
and transmission lines, dams, and commercial, industrial and
recreational developments which may be expected to have a significant
or cumulative impact. In detennining what is a major or significant
development, regard shall be had for the relationship to the surrounding
area, the possible effects on water quality, the scale of change that may
be caused and the need to preserve the general amenities.
Notwithstanding the above, no such investigations shall be required for
any undertaking subject to an environmental impact assessment pursuant
to the Environmental Assessment Act.
Where the Environmental
Assessment Act is applied, the Report shall follow the fonn required in
the Act. Where Council requires a report on a proposed development
not subject to the Act, the Report shall include:
a description of the environment assessed and affected;
an analysis of the effects of the development;
a description of the actions necessary to prevent or remedy the
adverse effects upon the environment; and
an evaluation of the advantages and disadvantages of the
undertaking in terms of the environment.
These investigative Reports shall be prepared by the agency or
developer concerned and, prior to the proposed development's
approval, a copy of the Report shall be submitted to Council and to all
69
SECTION 7(4)(b)
(c)
Amendment No. 1
(d)
LAND USE POLICIES
other parties who can justify an interest in the matter for their review
and comment.
PITS AND QUARRIES CONTROL BY-LAWS:
Council shall review its Pits and Quarries Control By-law regularly
and, where/necessary and applicable, update the By-law pursuant to the
provisions of the Municipal Act. Council shall also ensure that its Pits
and Quarries Control By-law properly implements the policies of this
Plan as reflected in the implementing zoning by-laws.
PUBLIC WORKS CONSTRUCTION AND LAND ACQUISITIONS:
It is intended that the construction of public works and the public
acquisition of land within the Township shall be carried out in
accordance with the policies of this Plan. Implementation policies
contained in this Plan involve the provision of municipal and
community facilities, together with other programs which require public
financing. The Plan outlines the nature and scope of these projects,
directly or by implication, and would include, for example,
development of parks and schools and road improvements.
Insofar as these municipal and community facilities are to be provided
by the Corporation, it is intended that a list be compiled for all capital
and environmental improvement projects, with cost estimates where
possible, relating to land acquisition, development and maintenance.
A 5-year Capital Improvement Program will then be developed which
the Council could carry out systematically, adopting initially the first
year of the program as part of its budget and reviewed annually as part
of the capital budget procedure.
The preparation of the program will involve the ranking of projects
according to priorities. In order of importance, the general criteria for
weighing and ranking proposals are:
protection of life;
maintenance of public health;
70
SECTION 7(4)(d)
Amendment No. 3
protection of property;
conservation of resources;
maintenance of physical property;
provision of public services;
replacement of obsolete facilities;
reduction in operating costs;
public convenience and comfort;
recreation value;
economic value;
social, cultural or aesthetic value;
LAND USE POLICIES
promotional value through effect on future development; and
relative value with respect to other services.
(e)
PLANS OF SUBDIVISION:
(t)
Council
shall
adopt an
"APPLICATION
FOR PLAN OF
SUBDIVISION" form and require that all applications for a plan of
subdivision be accompanied by a completed form in compliance with
the conditions and procedures thereof.
OTHER LEGISLATION:
Council shall review its existing legislation pursuant to the Municipal
Act and other relevant Provincial statutes and update, revise or
introduce new legislation, where necessary, governing such uses as
waste disposal sites, trailers, mobile home parks, salvage yards, signs
and business licensing to ensure such uses are properly regulated.~nd
controlled.
-
71
SECTION 7(5)
Amendment No. 3
(5)
....
IMPLEMENTATION
DEVELOPMENT CHARGES BY-LAW
Council may pass a by-law under the Development Charges Act to assess and
recover their anticipated expenses for new growth for both hard and soft
services. Council may levy charges against plans of subdivision, consents,
condominiums, zoning by-law amendments, minor variances, building permits,
and lands exempted from pan lot control .
72
SECTION 8
(1)
(2)
(3)
(4)
INTERPRETATION
LAND USE BOUNDARIES AND ROADS
It is intended that the boundaries of the land use designations shown on
Schedule A be considered as approximate and absolute only where bounded by
roads, railways, water-bodies or other obvious geographical barriers. It is also
intended that the location of roads, as indicated on Schedule A, be considered
as approximate and not absolute. Therefore, amendments to this Plan will not
be required in order to make minor adjustments to the approximate land use
boundaries or to the locations of roads, provided the general intent of this Plan
is preserved. Such minor deviations will not be reflected on Schedule A.
QUANTITIES
It is intended that all figures and quantities herein shall be considered as
approximate and not absolute. An amendment to this Plan will not be required
to permit any minor variance from any of the proposed figures or quantities
stated herein, provided the general intent of this Plan is preserved.
METRIC UNITS
All measurements used in this Plan are expressed in metric terms.
AGENCY NAMES AND RESPONSIBILITIES
From time to time, the names of various government agencies may change. In
addition, responsibilities may shift from agency to agency. The names of the
various agencies responsible for the many programs, regulations and approvals
are given in this Plan as of the date of adoption of this Plan. It is not intended
to amend this Plan each time a name change or function shift occurs. Rather,
this Plan shall be interpreted so as to refer to those agencies named, or to their
successors, as conditions dictate.
73
SECTION 8(5)
(5)
Amendment No. 3
INTERPRETATION
LEGISLATION
From time to time. Provincial legislation may be replaced by new legislation
bearing a new name. In addition, every ten (10) years, all the statutes of
Ontario are revised and all sections of the many Acts of the Legislature are
renumbered to reflect any additions or deletions made in each Act in the
previous decade. The names and sections of the various Acts used in this Plan,
except the Planning Act which was replaced by new legislation in 1983, are in
accordance with the Revised Statutes of Ontario, 1980 (R.S.O. 1980) as of the
date of adoption of this Plan. It is not intended to amend this Plan each time
an Act is renamed or when new consolidations of the statutes are issued.
Rather, this Plan shall be interpreted so as to refer to those Acts of the
Legislature named or to their successors, as conditions dictate.
Where amendments have been introduced into this Plan, reference has been
made to the appropriate name and section of legislation specifically referred to
in the amendment.
74
SECTION 9
(1)
(2)
(3)
-
ADMINISTRATION
PLAN INFORMATION
Following approval of this Plan, Council will arrange to have this Plan
reproduced and made available in order to inform the general public of the
policies and proposals contained herein.
PLAN REVIEW
(a)
CONTINUING REVIEW:
It is intended that this Plan will be subject to continuing review by
Council. Should the basis or objectives of this Plan or other economic,
social or technical conditions be significantly altered, the Plan will be
amended to reflect the altered conditions.
(b)
SPECIAL REVIEW:
Not less frequently than every five (5) years following the approval of
this Plan, Council shall hold a special meeting of Council, open to the
public, for the purpose of determining the need for revision of this
Plan, its policies and schedule.
Prior to this special meeting, notice shall be given in accordance with
Section 26(2) of the Planning Act.
PLAN AMENDMENTS
(a)
CONDITIONS FOR AMENDMENTS:
When development which would require an amendment to this Plan is
proposed, such amendment shall only be considered if it is supported
by substantial evidence to justify such an amendment. Applicants must
complete Council's "APPLICATION FOR AMENDMENT TO
OFFICIAL PLAN AND/OR ZONING BY -LAW" and comply with the
conditions and procedures thereof.
75
SECTION 9(3)(b'
Amendment No. 3
(b)
(c)
ADMINISTRATION
PUBLIC MEETING AND NOTIFICATION PROCEDURES:
Official Plan amendments shall be subject to the provisions of the
Planning Act and the Regulations passed thereunder regarding the
period for advanced notice of a public meeting; the means of
notification for the public meeting; the persons to be notified regarding
the intention to amend the Official Plan and the notification for
subsequent meetings, should major changes be made to the proposed
amendment. Council shall hold all public meetings and may schedule
them so that third reading and the final passing of the by-law to adopt
the Official Plan amendment can be completed at that time.
ALTERNATIVE NOTICES:
Notice for public meetings for technical amendments to the Plan, or for
the creation of a consolidated plan should at least be two (2) days prior
to the meeting. The following shall be considered technical in nature:
the creation of a consolidated Official Plan provided that only
existing approved amendments and Minister's Modifications are
added to the Plan;
the updating or deleting of section reference to the Planning
Act;
the renumbering of sections in the Plan; and
the correction of grammatical or typographical errors provided
they do not result in changes in policy.
(4)
DEVELOPMENT REVIEW
Council shall establish the following Development Review Process Guideline
for the review of all applications received. Where additional studies are
required, or should additional information be required of the Applicant,
Council may notify the Applicant in writing, of the need for an extension to the
times provided herein.
76
..
SECTION 9(4)
Amendment No. 3
..
.-
ADMINISTRATION
Phase I - Screening the Application
This Phase shall be limited to a period not exceeding 45 days, at the end of
which, the Municipality must have determined whether an application is
incomplete and/or premature, or the application will proceed to the next Phase.
At this stage, Council may grant an approval-in-principal should additional
studies be required of the Applicant in order for Council to make a
recommendation of approval.
Phase II - Review
This Phase shall be limited to a period not exceeding 60 days, at the end of
which, the Municipality must have prepared the appropriate report/document
and circulated it to the appropriate agencies, departments, etc., and have
consulted with the public were required.
Phase III - Decision
This Phase shall be limited to a period not exceeding 45 days, at the end of
which, the Municipality must decide to approve, refuse or modify an
application. Council shall consider the comments received in Phase II in
determining the appropriate action to take.
77
OFFICIAL PLAN AMENDMENT NO. 5
TOWNSHIP OF HARLEY
By-law 2006- 17
PN: 0331/52
DRAFfED: 3 May 2006
ENACTED:
THE PLANTARIO GROUP LTD.
EAST YORK, ONTARIO
54-0 P-0099-005
DEC 1 8 200E
:
MlNISTRY Oi :,,di-HCifH j
AFFAIRS /I.ND ;,IOUSlNuy;
NORiHEASTC-li< iiC:GION
,. ____ ,,,.,-
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING
APPROVAL OF AMENDMENT
This Amendment to the Official Plan of the Township of Harley Official Plan, which has been
adopted by the Council of the Township of Harley, is hereby approved.
----------------------------------······
-------------------- ------------------------·-·---····
(Date)
(Signature)
SWORN DECLARATION
Subsection 17(28) of the Planning Act
Applicant:
Township of Harley
Municipality:
Township of Harley
MMAH File No.: 54-OP-0079-005
I Edouard Landry of the City of Greater Sudbury solemnly declare,
1.
2.
That notice of the decision in respect of the above-noted matter made on
February 20, 2007 was given as required by subsection 17(35) of the
Planning Act on February 20, 2007.
That no appeal to the Ontario Municipal Board of the decision in respect of
the above-noted matter made on February 20, 2007 was received under
subsection 17(36) of the Planning Act within the time specified for submitting
an appeal.
and I make this solemn declaration conscientiously believing it to be true and
knowing that it is of the same force and effect as if made under oath.
Declared before me
at the City of Greater Sudbury
this2o ljt. day~~
Gun~
Commissioner of Oaths
Declarant
DECISION
With respect to Official Plan Amendment # 5 to the Official Plan of
the Township of Harley
Subsection 17(34) of the Planning Act
I hereby approve all of Amendment No. 5 to the Official Plan of the
Township of Harley adopted by By-law No. 2006-17 subject to the
following modifications:
1.
Schedule 'A' to Amendment No. 5 for the Township of Harley
Official Plan, by deleting and replacing "Change to Rural OPA No.
3 Minister's Mod 1" with "Change to Rural OPA No. 4 Minister's
Mod 1".
2.
Schedule 'A' to Amendment No. 5 for the Township of Harley
Official Plan, by matching the symbol used for "CHANGE FROM
ENVIRONMENTAL PROTECTION TO AGRICULTURE" with
that depicted on the schedule.
3.
Schedule 'A' to Amendment No. 5 for the Township of Harley
Official Plan, by matching the symbol used for "CHANGE FROM
ENVIRONMENTAL PROTECTION TO RURAL" with that
depicted on the schedule.
4.
Schedule 'A' to Amendment No. 5 for the Township of Harley
Official Plan, by clearly identifying the "TOP OF SLOPE" line in
the south half of Lot 3, Concession 1.
Dated at Greater Sudbury this {OIL- of fetJJy{l-lr, 2007
Lynn Buckham
Regional Director
Northeastern Municipal Services
Ministry of Municipal Affairs and Housing
ADOPTION AND CERTIFICATION OF AMENDMENT
This Amendment to the Official Plan of the Township of Harley was adopted by Council by By-
law No. 2.Q0~-:J 7. in accordance with the provisions of the Planning Act, R. S. 0. 1990, as
amended, on the .. 12. .... day of .. Pe.G~rol;).~r ........ , 2006.
THE CORPORATION OF THE TOWNSHIP OF HARLEY
Signed:
~
··
7
...
eeve)
(seal)
------ -------- - ----------------------------------
I hereby CERTIFY that this is the ORIGINAL/DUPLICATE ORIGINAL of Amendment No. 5
to the Official Plan of the Township of Harley as adopted by By-law No.2006,-,i:7. of the Township
of Harley on the .... ~.? ... day of . P.~~~~~1: ......... , 2006.
Signed: _______ _____ _
(seal)
(Clerk)
ii
THE TOWNSHIP OF HARLEY
BY-LAW NO . . ?RQR-17
A BY-LAW TO ADOPT AMENDMENT NO. 5 TO THE
OFFICIAL PLAN OF THE TOWNSHIP OF HARLEY
WHEREAS the Council of the Corporation of the Township of Harley deems it in the
interest of the Municipality to amend the Official Plan for the Township of Harley;
NOW THEREFORE, the Council of the Corporation of the Township of Harley in
accordance with Section 17(22) of the Planning Act, R.S.O. 1990, as amended, ENACTS as
follows:
1.
Amendment No. 5 to the Official Plan of the Township of Harley is hereby adopted.
2.
The Clerk is hereby authorized and directed to make application to the Ministry of
Municipal Affairs and Housing for approval of Amendment No. 5 to the Official Plan of
the Township of Harley.
3.
This By-law shall come into force and take effect on the date of final passing thereof.
THIS BY-LAW read a first and second time this .... ~ .... day of .~1:1'.3:1:1~~ ......... ... , 2006.
THIS BY-LAW read a third time and passed this .. ~~ ..... day of.~?~~~~ .... .... . , 2006.
l
Signed:_.,..,;....;...
~
-
-
-,,C..-----
---
/ ~
- - - - -
- - - - - -
-
- - - - - - - - - - - -
-
-
- - - - - -
, _ - - -
- - - - - - - - - - - - - - - -
- - - - - - - - -
I hereby CERTIFY that the above is a true copy of By-law No.2.00.Q:-.J..7. as enacted and passed
by the Township of Harley on the.}? ..... day of.~<?~~~~ .... , 2006.
Signed: _ _ _ _______ _
(seal)
(Clerk)
Ill
SECTION
1
2
3
TABLE OF CONTENTS
AMENDMENT NO. 5
TOWNSHIP OF HARLEY
OFFICIAL PLAN
INTRODUCTION OF AMENDMENT
(1)
Title of Amendment
(2)
Contents of Amendment
BASIS OF AMENDMENT
DETAILS OF AMENDMENT
(1)
Text Change
(2)
Schedule Change
iv
PAGE
1
1
2
5
6
SECTION 1
INTRODUCTION OF AMENDMENT
(1)
TITLE OF AMENDMENT
This Amendment may be cited as "Amendment No. 5 to the Official Plan of the Township
of Harley".
(2)
CONTENTS OF AMENDMENT
Section 3 hereof, and the attached Schedule constitutes Amendment No. 5 to the Official
Plan of the Township of Harley.
1
SECTION 2
BASIS OF AMENDMENT
This Amendment is based upon an Application from a ratepayer.
The original work undertaken to prepare the Township Official Plan, which relates to the
Environmental Protection land use designation, was based upon the recommendations of the
Ministry of Natural Resources and prepared through air photo interpretation prior to May 1984.
At the time of the preparation of the Background Planning Report, Ontario Basic Mapping was
not available to the municipality for use in determining an elevation contour line where river
flooding and related environmental concerns would be located.
Although this application was for land owned in part of the south half of Lot 2, Concession I,
known as Parcel 7216 SST, we have for consistency and convenience purposes also considered
other lands in the south half of Lot 2, Concession I identified as Parcel 12169 SST and land
located in part of the south half of Lot 3, Concession I identified as Parcels 10532 SST, 14596
SST, 25449 SST and 10904 SST. All of these properties abut and form the land area on the north
and east side of the Wabi Creek, in the south half of the concession, where engineering studies
have been completed or implied as part of another Study.
In all cases, part of the lands identified above have, at least in part, an Environmental Protection
designation on the land. The roadway dividing the lands in Lot 2 from the lands in Lot 3, is
known locally as Wabi Road. The roadway is located on the boundary between Township Lots
2 and 3. Part of the roadway was forced to be moved eastward so as to locate on more flat land,
thus reducing construction costs and the presence of the creek in the path of the line between Lots
2 and 3, to the south of the original subject land.
The land use activity within Lot 3 is closely related to the farming community. The land is in
active agricultural production, or forms part of smaller parcels which have been created by past
consents for non-farm residential land uses. Because of the scale of the Official Plan mapping,
it is difficult to determine whether the environmental protection line actually includes any part of
the two small, more northern, residential lots, but for clarity, they are being mentioned herein.
The exception to the agricultural land use in Lot 3, is a part of the most southern parcel abutting
the boundary with the geographic Township of Dymond. This land is divided because of the
meandering of the watercourse and because of the forced boundary road which has been located
so as to pass around the creek and is generally non-productive for agriculture.
Land use activity within Lot 2, is most closely related to the rural community in the south since
the size of the parcel to be considered is too small to be a viable farm property and has not been
used for farming for many years. The creek meanders through this area and because of the many
direction changes isolates the subject property from the larger parcel to the north in Lot 2,
Concession I. The northern end of the south half of Lot 2, is used for agricultural purposes and
should be retained for that land use.
2
SECTION 2
BASIS OF AMENDMENT
Since the time of the original work, several engineering studies have been completed in the area
of the Wabi Creek which show that the line location for the environmental protection area could
be placed closer to the river bed. The most recent study was completed on 17 March 2006, by
D. F. Elliott Consulting Engineers Ltd., for the Applicant.
The C.G.D. elevation for the top of the slope produced within the various studies, is not a
consistent elevation line. Each study is based upon the determination of the top of the slope
location and each study has been examined based upon its individual circumstances. Because the
soils in this area are not as stable as most, (varved clays), the engineering recommendations have
been consistence in that a 30. 0 metres setback from the top of bank has been recommended in all
cases. The reasoning for this is to ensure that the stability of the soil nearest the top of the bank
is not disturbed.
The reports also recommend a number of conditions for the development of the land which should
be noted. These include refraining from:
1.
any further clearing of the area between the river and the building setback recommendation
from the top of the slope;
2.
channelling of surface runoff to the sloped area via drainage outlets or off takes; and
3.
building within the 30.0 metre setback allowance from the estimated top of the slope for
a main building or secondary buildings and structures.
This Amendment recommends no development below the engineer's determination of the top of
the slope in each study, plus in the area of a 30.0 metre setback requirement from the top of the
slope. The top of the slope would become the dividing line between the Environmental Protection
designation and the Rural or Agriculture designations, as each situation is applied. This change
would be recognized on Schedule A to the Official Plan.
In addition, the Plan will require policy changes to incorporate the other recommendations from
the engineering reports. These changes are handled through Section 5 of the Plan within the
subsections relating to "Standards and Agreements" and "Building Requirements." Policies have
been added to restrict the cutting of vegetation between the building setback limit and the water's
edge, and to control the channelling of water away from the restricted areas in and around the top
of the slope. As well, within Section 6, the land use designation policies for Environmental
Protection have been added to through the description of the line for the Environmental Protection
designated area.
3
SECTION 2
BASIS OF AMENDMENT
In relation to this, the Township Zoning By-law currently requires a 30.0 metre setback from the
high water mark. With the Municipality using the top of the slope elevation as the Environmental
Protection line, then a setback requirement of 30.0 metres, the comprehensive Zoning By-law
needs to be amended so as to be in keep with the engineering recommendations. Notwithstanding
any other provision in the By-law, a 30.0 metre setback will be required from the Environmental
Protection Zone line in both the Rural and Agriculture Zones. In addition, the Schedule to the
Zoning By-law also needs to be amended to reflect the new location of the environmental
protection line, in accordance with the Official Plan change.
The interpretation of this zone provision change would be that any building or structure must be
setback from the top of the slope at least 30.0 metres, but may require an even greater setback
depending upon where the property line is in relation to the top of the slope. So the setback would
be the greater of 30.0 metres from the top of the slope or the building setback for the zone in
which the proposed development is located.
The effect of this Official Plan Amendment will be to reduce the distance from the Wabi Creek
which is designated Environmental Protection and to restrict development within the area 30.0
metres from the top of the slope. With this change, more area will be open for development in
accordance with the original intent of the land.
This Amendment is based on the planning considerations discussed in the Appendices attached
hereto.
Implementation and administration of this Amendment shall be in accordance with the provisions
of Sections 7 and 9 of the Official Plan of the Township of Harley respectively. The Amendment
shall be interpreted in accordance with Section 8 of the Plan.
4
SECTION 3
DETAILS OF AMENDMENT
(1)
TEXT CHANGE
(a)
Section 5(2)( d) of the Township of Harley Official Plan is hereby further amended
by the addition of the following new paragraph between the first and second
paragraph as follows:
"This restriction to the clearing of vegetation shall be applied in particular along
the Wabi Creek, located in the southwest corner of the Township, from the water's
edge to the limits of the building setback which is 30.0 metres from the top of the
slope elevation. The top of the slope elevation shall be determined by a qualified
engineer, at the applicant's expense, prior to any development application being
submitted for approval to the appropriate approval authority."
(b)
Section 5(2)(e) of the Township of Harley Official Plan is hereby further amended
by the addition of the following new paragraph between the first and second
paragraph as follows:
"For the area adjacent to the Wabi Creek, no development shall permit the
channelling of surface run-off to the sloped area between the water's edge and the
limits of the building setback which is 30.0 metres from the top of the slope
elevation via drainage outlets or off takes. "
(c)
Section 5(3)(c) of the Township of Harley Official Plan is hereby further amended
by the addition of the following new paragraph at the end thereof as follows:
"For the area along the north and east sides of the Wabi Creek in the south half of
Lots 2 and 3, Concession I, engineer's studies have determined that the setback
from the Creek for all new development should be 30.0 metres from the top of the
slope. The location of the top of the slope shall be determined by a qualified
engineer in an Engineering Report, prepared for, and at the expense of, the
Applicant, for review by the Municipality."
(d)
Section 6(2)(b)(iii) of the Township of Harley Official Plan is hereby further
amended by the addition of the following new paragraph between the second and
third paragraph as follows:
"For land abutting the north and east sides of the Wabi Creek, engineering studies
have shown that the environmental protect line should be the top of the slope as
determined by a specific engineer's study. Therefore the line in this area is
5
SECTION 3(1)
DETAILS OF AMENDMENT
considered to follow the top of the slope and shall be labelled as such on Schedule
A hereto. A 30.0 metre setback for all buildings and structures shall be required
from the top of the slope in order to prevent the disturbance of the soils. Since the
stability of the soil on the slope is an environmental concern, the Municipality can
assist with the prevention of landslides or slumping through restrictions on the
clearing of vegetation from the water's edge to the limits of the building setback
and through restricting the channelling of surface run-off to the sloped area
between the water's edge and the limits of the building setback via drainage outlets
or off takes. "
(2)
SCHEDULE CHANGE
Schedule A to the Official Plan of the Township of Harley, as amended, is hereby further
amended by changing from "Environmental Protection" to "Rural" the land use
designation on the land designated "CHANGE FROM ENVIRONMENTAL
PROTECTION TO RURAL," and by changing from "Environmental Protection" to
"Agriculture" the land use designation on the land designated "CHANGE FROM
ENVIRONMENTAL PROTECTION TO AGRICULTURE," both on Schedule 'A'
attached hereto.
6
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FOR THE
TOWNSHIP OF HARLEY
OFFICIAL PLAN
Ch.an ~u...
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MODI ""'ICATION
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SECTIO ' i 7(34) OF
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SECTION 1 ;(A) OF
PROTECTION TO AGRICULTURE
!}i?H!!U{!i){/
THE PLANNING ACT
THE PLANTARIO GROUP LTD.
9 Crescent Place - Suite 2109
EAST YORK, Ontario
M4C 5L8
(416) 698-3655
~~~~~C~~~~~~~~~NMENTAL r:-:-!❖...-.·.:-:-:❖.·.:-:-:-:1
~0~.FIC~:~~E~{Y-_ _____
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SECTION 17(34) OF
THE PLANNING ACT
DWG NO.: 0331/52 - A
DRAFTED: 3 May '06
APPENDICES
AMENDMENT NO. 5
TOWNSHIP OF HARLEY
OFFICIAL PLAN
The following Appendices are not intended to form part of the
approved Amendment, but are included for the purpose of supplying
supplementary information in support of the policies and proposals
contained within the Amendment.
APPENDICES
OFFICIAL PLAN AMENDMENT NO. 5
TOWNSHIP OF HARLEY
PN: 0331/52
DRAFTED: 3 May 2006
THE PLANTARIO GROUP LTD.
EAST YORK, ONTARIO
APPENDIX
TABLE OF CONTENTS
· SECTION
1
SUMMARY OF APPLICATION
2
3
4
(1) Location
(2) Size
(3) Present Official Plan Designation
(4) Present Zoning By-law Zone
(5) Present Land Uses
( 6) Site Characteristics
(7) Proposed Uses
(8) Proposed Services
PLANNING CON SID ERA TIO NS
(1)
Surrounding Land Uses
(2)
Land Use Compatibility
(3)
Physical Features
(4)
Water Supply and Sewage Disposal
(5)
Roads
(6)
Utilities and Public Safety
(7)
Other Services
PUBLIC RECORDS
(1) Record of Public Notice
ENGINEERING REPORTS
i
PAGE
1
1
1
2
2
3
3
3
5
5
6
6
6
7
7
8
9
SECTION 1
SUMMARY OF APPLICATION
())
LOCATION
(2)
SIZE
the subject land is located in the southwest corner of the Township
specifically, the subject land includes land on the north and east side of the Wabi
Creek within the south half of Lots 2 and 3, Concession I
the land to be included in this amendment is a part of various parcels totaling an
area of less than 85. 0 hectares
the parcels of land which we anticipate having some impact within this amendment
form only a part of the 85.0 hectares are listed herein as follows
in part of the south half of Lot 2, Concession I Parcel 7216 SST and Parcel
12169 SST
in part of the south half of Lot 3, Concession I identified as Parcel 10532
SST, Parcel 14596 SST, Parcel 25449 SST and Parcel 10904 SST
(3)
PRESENT OFFICIAL PLAN DESIGNATION
the present designation for the area totaling less than 85.0 hectares is
Environmental Protection, Rural and Agriculture as designated on Schedule A to
the Plan
it is anticipated that the change will result in the Environmental Protection
designation being removed for part of those lands so as to create land to be
designated Rural or Agriculture, depending upon the location of the land, and so
as to be developed in accordance with those specific policies being added
the location of the Environmental Protection designation was determined by the
Ministry of Natural Resources through air photo interpretations, and provided to
the Consultant for inclusion in the original Official Plan (1985)
this area was the subject of site specific reviews, conducted on behalf of the
Applicant by qualified engineers, which recommended that the environmental
protection line be adjusted according to the studies' recommendations
1
SECTION 1(3)
SUMMARY OF APPLICATION
other recommendations of the engineering studies should be incorporated into the
land use policies of the Township Official Plan to ensure compliance with the
recommendations
(4)
PRESENT ZONING BY-LAW ZONE
the present zoning for the subject area reflects the same boundary lines found in the
Official Plan for the Environmental Protection, Rural and Agriculture designations
zoning changes to the mapping should reflect the same mapping changes as that
which is being proposed in the Official Plan Amendment
additional zone provisions will be required to accommodate the recommendations
of the engineering studies in order to prevent the construction of buildings and
structures in the area between the water's edge and the recommended building
setback from the top of the slope of 30.0 metres
a second zone provision change is required to prohibit the cutting of vegetation in
the area between the water's edge and the building setback noted above
(5)
PRESENT LAND USES
most of the subject land is currently cleared and used for farmland, however, the
land generally within the area between the water's edge and the top of the slope is
currently treed
there are three dwelling houses within the subject area, two non-farm residential
uses and one farm residential use
between Lots 2 and 3, there is a roadway which is the municipal roadway between
Lots 2 and 3. The roadway generally follows the line between the lots, except
where it was forced to move around because of the topography of the area. There
is also a municipal roadway along the boundary between the Townships of Dymond
and Harley, again, except where it is forced to move because of the topography of
the area
2
SECTION 1(5)
SUMMARY OF APPLICATION
along the Township Boundary Road, known locally as Uno Park Road, located in
part of the south half of Lot 3, Concession l,there is a Northern Telephone
switching station and the farm house which contains a construction business
(6)
SITE CHARACTERISTICS
the land to which the designation change is associated with forms the plateau
portion of the subject land and can be generally considered as being cleared
the area between the water's edge and the setback limit is generally treed
the soils of this area are varved clays and in general are not as stable as other soils
found in the Township
areas below the top of the slope as determined by the Engineer's Studies, show
some signs of erosion due to storm water run-off from the land above
within the subject area, there is also a flood plain along the edge of the waterway,
but the high water mark is a substantial distance from the top of the slope in most
situations
some land, particularly the plateau area, has been and continues to be used for
agricultural purposes. Most of the land is used as part of cash cropping operations
(7)
PROPOSED USES
the proposed use for the land to which the designation change will apply is for a
mix of uses including residential purposes and farm purposes
the moving of the environmental protection line will still provide for the inclusion
of a restricted development area (called Environmental Protection), just that this
area will be smaller and closer to the Wabi Creek than it is presently
(8)
PROPOSED SERVICES
where residential land uses are proposed, the applicant will utilize private water
and sewerage systems
3
SECTION 1(8)
SUMMARY OF APPLICATION
where a development application is presented to Council the proposed private
sewerage system will require the approval of the local Health Unit, prior to
construction. Where a private sewerage system already exists and a development
application is presented, the system will require an inspection by the local Health
Unit and determination as to whether the system meets the current standards of the
Unit, or can be altered so as to meet the current standards
4
SECTION2
PLANNING CONSIDERATIONS
(1)
SURROUNDING LAND USES
Generally this area of the Township is considered prime farmland and is currently in
production. The exception to this is the area of the flood plain and the sloped area rising
from the Wabi Creek. This area is not productive farmland and has generally been left in
a treed condition do to soil stability concerns.
Within the area there are a number of small parcels of land created by road construction,
or the meandering of the creek through the area which are not large enough to be
productive farm properties. These parcels often times have, or it is anticipated to have,
a non-farm dwelling house located thereon. As well, there is a severance application for
land in part of the south half of Lot 3, Concession I, proposing to separate the dwelling
house from the farmland through the declaring of the dwelling house as surplus through
farm amalgamation.
For those lands within the Township of Dymond, which is the southern border of the
subject lands, the same mix of farmland and non-farm residential land uses exist.
(2)
LAND USE COMPATIBILITY
Based upon the engineering studies completed for the subject lands, it is recommended that
the top of the slope be considered the line between the environmental protection area and
the rural or agriculture areas. The additional land which will be added to either the Rural
designation or Agriculture designation will be used in accordance with the policies of the
plan as they pertain to the specific land use designation.
All engineering studies recommend a 30.0 metre building setback from the top of the slope
to provide greater assurance of slope stability. The studies recommend no buildings or
structures in this area and that no cutting of the vegetation or channeling of the storm water
run-off through the area from the setback requirement to the edge of the water be
permitted.
Since there are non-farm dwelling houses existing within the area which prevent the
development of new farm animal buildings in close proximity to the houses, the permitting
of new residential development may not impact as much as one would anticpate simply
because the lots to be developed are existed lots of record and not considered new
development within the context of the Ministry of Agriculture and Food's Minimum
Distance Separation Formula.
5
SECTION 2(2)
PLANNING CONSIDERATIONS
It is proposed as part of this Amendment to retain the productive farmland in the
Agriculture designation. The less productive lands and the non-farm lands will generally
be placed in the Rural designation.
The change in land use designation will require a review by the Ministry of Natural
Resources in accordance with the policies of the Official Plan. The engineering studies are
attached hereto as part of the background information supporting the proposed
Amendment. These studies will also be forwarded to the Ministry for their consideration.
(3)
PHYSICAL FEATURES
The site features for the property were described in Section 1.
(4)
WATER SUPPLY AND SEWAGE DISPOSAL
This Amendment in itself will not require the installation of a new private water source or
a private sewerage system. However, should the result of this Amendment be that new
development is proposed, it will be the responsibility of the local Health Unit to inspect
existing systems and insure that the existing systems and any new system being proposed
will operate in accordance with the Unit's standards, or can be altered to meet the
standards.
(5)
ROADS
Access to the land, that is the subject of this Amendment, will be mainly from the forced
roadway generally following the line between Lots 2 and 3. However, the large farm
fronting the boundary road currently has access to the road between the Townships of
Dymond and Harley. Both of these roadways are municipally maintained on a year-round
basis.
New access will require review by the Township Road Superintendent to ensure that the
proposed site meets the safety and design standards for the Township for access. As well,
for all new development, the Superintendent should review the storm water run-off to
ensure that the roadway ditching can handle the generated flows without adverse effects
on the roadway construction.
6
SECTION 2(6)
PLANNING CONSIDERATIONS
(6)
UTILITIES AND PUBLIC SAFETY
Hydro and telephone are already provided to all the lands that are being included in this
Amendment. New services could be obtained from the lines currently servicing both
municipal roadways.
No special fire or policing requirements are anticipated as a result of this proposal. The
Ontario Provincial Police are located within twelve kilometres of the site, and there is a
Municipal Volunteer Fire Department located to the east and north of the subject land on
Highway No. 11, approximately six kilometres away.
(7)
OTHER SERVICES
All School Boards serving the Township, indicated during the Official Plan's updating that
they can adequately service the area and accommodate new students within their existing
facilities and bus routes.
7
SECTION 3
PUBLIC RECORDS
(1)
RECORD OF PUBLIC NOTICE
This Official Plan Amendment was brought to the attention of the public by advertisement
in the local newspaper on the ... ~~- .... of ... ~':1~7 ................ , 2006.
A Public Meeting concerning this Amendment was held on the .. ~ ... day of !:':1~':1~~-.. ,
2006.
Copies of the Notices of the Public Meeting (as published in the local newspaper) and
Minutes of the Public Meeting are available from the Clerk.
8
SECTION 4
ENGINEERING REPORTS
O.F.
E L LI O TT
Consult ing Engin eer s Ltd.
Mr. Omer Godmaire
R.R. No. I
New Liskeard, Ontario
POJ I PO
Attention: Mr. Omer Godmaire
Dear Sir:
April 9, I 997
E-Mail: dfe@n::.sympalico.ca
Telephone: {705) 647-6871
Fax: {705) 647-3198
36 Lakeshore Road, P.O. Box 2524
New Liskeard. Ontario P0J I PO
Re:
Proposed Building Location within
the En\·ironmental Protection Zone
Further to your recent request, we have investigated the impact of the proposed building sites with
respect to the environmental protection zone, as designated by the Township Official Plan. Based
on our field survey information and our experiences with slope failures in the New Liskeard area,
it is our opinion that neither building locations No. I and No.2 will impinge on environmentally
sensitive areas. Furthermore it appears that embankment slopes are stable within the immediate
area of study, i.e. exceed 2: l from maximum high water level. Our recommendations at this time
would be as follows:
i)
Ensure that the proposed building structure is set back at least 30 metres from the top of
bank (we note that both locations No. I and No.2 are presently measured to be at least 30
metres from top of bank).
ii)
Refrain from any clearing of the embankment slope ( we note that the slope 1s now
wooded).
iii)
Refrain from channeling (concentrating) any surface runoff to the sloped area via drainage
outlets/off-takes.
iv)
Refrain from building any secondary structures (i.e. garages or storage sheds within the 30
metre set back from top of slope).
.../2
9
SECTION 4
ENGINEERING REPORTS
In conclusion we do not feel that either building locations No. I or No.2 present any threat to slope
stability, or vice versa.
It is therefore our opinion that the proposed building locations are environmentally acceptable.
If you have any questions or comments, or require any further information, please contact the
undersigned.
DFE/fh
Ends.
cc.
Township of Harley
Attention: Mr. M. Lachapelle
Yours very truly,
D.f. ELLIOTT CONSULTfNG ENGfNEERS LTD.
D.f. Elliott, P.Eng.
cc.
Ministry of Natural Resources, Swastika
Attention: Ms. E. Moro
10
SECTION 4
ENGINEERING REPORTS
-
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OMER GODMAIRE
PROPOSED BUILDING LOCATION
~ARCH 25, 1997
SCALE
HOR
1: 1000
V(R = l: 200
11
l':2
190
188
186
132
150
:78
SECTION 4
ENGINEERING REPORTS
r✓= III ((]
D. F.
ELLIOTT
~
llr~ Consulting Engineers Ltd.
E-Mail: [email protected]
Telephone: (705) 647-6671
Fax: (705) 647-3198
March 17, 2006
Mr. Omer Godmaire
R.R. No. I
Newl Liskeard Ontario
POJ I PO
Attention: i\fr. Omer Godmaire
Dear Sir:
Re:
Proposed Building Setback
Within the E nvironmental
Protection Zone, Lot 2, Con I
Harley Township
36 Lakeshore Road. P.O. Box 2524
New Liskeard. Ontario P0J I PO
Further to your request, we have carried out a field survey of the above mentioned
property adjacent Wabi Creek and have determined a minimum building setback with
respect to the Environmental Protection Zone, as designated by the Township Official
Plan. On the attached drawing we have indicated our recommended estimated top of
slope and minimum building setback from Wabi Creek. In addition to these
recommendations. we note that:
1) You should ensure that any building structures are set back at least 30 meters for
the estimated top of slope.
2) You should refrain from any further clearing of the area between the river and top
of slope.
3) You should refrain from any channeling ( concentrating) of surface runoff to the
sloped area via drainage outlets/off takes.
4) You should refrain from building any secondary structures (ie. Garages or storage
sheds with the 30 meter set back from the estimated top of slope).
If you have any questions or comments, or require further information, please contact the
undersigned.
12
SECTION 4
0. F.
ELLIOTT
Consulting Eng,neers Ltd.
Yours very truly.
D. F. ELLIOTT CO;".'SUL TING ENGINEERS LTD.
Per:
D. F. Elliott Peng.
c. Township of Harley. Attention Mr. M. Lachapelle -
13
ENGINEERING REPORTS
2
E-Ma,I: [email protected]
Telephone: (705) 64 7-6871
Fax: (705) 647-3198
36 Lakeshore Road. P.O. Box 2524
New Liskeard. Onlario P0J I PO
SECTION 4
ENGINEERING REPORTS
190
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188
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186
186
182
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182
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180
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1)8
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1)8
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150
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OMER GODMAIRE
PROPOSED BUILDIN G LOCATION
'CA- ' :,
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,::,/[email protected]. E L LIOTT
~llr~consvl\ing Cnqin,eers
14
SECTION 4
QI N(W LISK[~~['
May 18, 2006.
Mr. Orner Godmaire,
R. R. No. I,
New Liskeard, Ontario.
P0J I PO
Dear Sir:
ENGINEERING REPORTS
Sutcliffe Rody Quesnel Inc.
Engineers f. Surveyors
"Service Reliability f, Quality since 1906"
RE: Parcel 10904SST PIN No. 61312-0l0l(LT), Lot 3, Con I. Harlev Twp.
fNTRODUCTlON
This letter has been prepared to address the concerns associated \\·ith the designation of a
portion of the above noted property as an "Environmental Protection Zone" (EP Zone) in
the Township of Harley Official Plan. Mr. Godmaire's residence is located within the EP
zone, however, it was constructed prior to the implementation of the Official Plan with
the EP designation. It is the intent of the owner to sever a portion of the property and
have the property rezoned such that the house and workshop are excluded from the EP
zone. The purpose of this report is to assess the environmental concerns associated with
such rezoning, and comment on any remedial measures necessary to mitigate these
concerns.
BACKGROUND
The property in question abuts Wabi Creek in Lot 3, Concession I, Harley Township.
Sutcliffe Rody Quesnel was retained to prepare a site plan of the Godmaire property. A
re\·iew of the plan prepared under project SN06027 by Sutcliffe Rody Quesnel Inc. (copy
enclosed) illustrates the location of the \Vabi Creek, and the proximity of the existing
buildings on this parcel of land. A review of the plan indicates the following:
a) The river embankment is at a stable slope of approximateiy 3.5: I.
b) The existing buildings are set back a minimum of 11 5 111 frorn the top of the creek
bank.
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Consultin~ Engineers ~
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fax: (105) 21H9\l S
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On1ario Land Surveyors ~
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WEBSITE: ""w.srqinc .,,,111
Canad., Lands Surveyors
SECTION 4
ENGINEERING REPORTS
Mr. Omer Godmaire
- 2 -
May 18, 2006.
c) The existing property from the buildings to the creek is treed (other than road and
lawn areas), on a stable (but significant) slope and is traversed by a municipal
road, and an abandoned road. As such this area is not well suited lo agricultural
uses.
d) There is no evidence of landslides or slumps between the lop of the existing
riverbank and the existing buildings.
e) The existing buildings have been in place for over twenty-five years and have not
adversely affected adjacent properties or the Creek.
Areas of potential concern for rezoning a portion of this property in the EP zone would
include erosion/soil stability and flood hazards. The structures have existed on this
property for 27 years, and there is no evidence of soil erosion or landslides affecting any
portion of the property north of the travelled road. In addition, the structures are located
approximately 6 metres above the maximum high water level on tl'.e Wabi River and
therefore flooding is not a concern. In the past, ice jams have caused floods on the creek
(during spring runoff) up to the elevation of the abandoned road, however there is no
evidence of flooding impacting the area from the existing road northerly.
RECOMMENDATIONS
It is imponant that conditions do not change to create potential for erosion in the future.
In light of this it is important that the following recommendations are followed:
i)
All trees and vegetation remain intact between the existing travelled road and
the \Vabi Creek on this property.
ii)
All drainage from the buildings and lawn area should not be concentrated to
drain directly towards the creek embankment.
iii)
If the property is rezoned, any future buildings constructed on the property
should be set back a minimum of IO metres from the north limit of the
travelled road.
iv)
That the municipality establishes a permanent demarcation with respect to
defining the EP zone. We have enclosed SRQ plan (Job: SN06027) with an
indicator line marked "Top of Slope" at an offset of approximately 60m from
the waters edge of Wabi Creek. It is suggested that this line be used to
distinguish the EP boundary.
Sutcliffe Rody Quesnel Inc.
Consultin~ En~inrers, Ont,,rio L~md 5urvt>yors. CJ1,\1d,1 l .1nds Sur,l'yl..'VS
9 W~lli11~1011 51rccl. P.O. flox I JOS. New Lisk,wct. O111Miu. f'()J I f'l1
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SECTION 4
ENGINEERING REPORTS
Mr. Omer Godmaire
- 3 -
May 18, 2006.
It is our professional opinion that if the abo\'e noted recommendations arc fol lowed that
the severance and rezoning of this property will not cause any adverse effects to the
Environmental Protection Zone in Harley Township.
We trust this is the information that you require. If you have any questions regarding the
above please contact the undersigned.
Yours very truly,
Sutcliffe Rody Quesnel Inc.
Per: 7/J-~
!-1. James Hawken, P. Eng.
Encl
fn:SN06027-omcrgodmaire
Sutcliffe Rody Quesnel Inc.
(onrnl1i11~ E1,gi1l~t:r'!-. 0 11tario Land 5l 1r\'cyors. Ct111:td,1 l .11hi} ~urvt~rors
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SECTION 4
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CONSOLIDATED. 31 JAN 05
REVISED: 30 SEPT. ·-34
DRAFTED: 14 MAR. 94
D\l\G, NO 0332/1 - A3
SCHEDULE
A
land u,c
Official Plan
TOWNSHIP . OF HARLEY
CONSOLIDATED
LEGEND
ENVIRONMENTAL
PROTECTION
AGRICULTURE
RURAL
Added by Amendment No. 3
NOTE :THIS SCHEDULE FORMS PART OF
THE OFFICIAL PLAN OF THE TOWNSHIP
OF HARL EY AND MUST BE READ IN
CONJUNCTION WITH THE WRIT TEN TEXT
METRES
500
0
500
1000
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