Lennox and Addington County, Ontario
· adopted 2015-09-30
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COUNTY OF
LENNOX & ADDINGTON OFFICIAL PLAN
Adopted by Council on September 30, 2015 and Approved by the
Ministry of Municipal Affairs and Housing with Modifications on
March 9, 2016. The effective date of this Official Plan is April 5, 2016.
This is a consolidated version of the Official Plan dated February 13,
2018 and it incorporates Official Plan Amendment #1 which came
into effect on November 3, 2017 and Official Plan Amendment #2
which came into effect on September 15, 2017.
The County of Lennox & Addington Official Plan - Approved by the Ministry of Municipal
Affairs and Housing with Modifications on March 9, 2016 - The Effective Date of this Official
Plan is April 5, 2016 - Consolidated Version dated February 13, 2018
i
TABLE OF CONTENTS
PART 1
1
THE PREAMBLE
1
PART 2
5
COUNTY OF LENNOX & ADDINGTON OFFICIAL PLAN
5
A
VISION, GUIDING PRINCIPLES AND LAND USE CONCEPT
5
A1
VISION
5
A2
GUIDING PRINCIPLES
6
A3
PROVINCIAL LAND USE CONCEPT
7
A4
LAND USE CONCEPT
7
A5 DELEGATION OF APPROVAL AUTHORITY
8
A6 INTERPRETATION OF THIS OFFICIAL PLAN
8
B
GROWTH MANAGEMENT
10
B1
FOCUS OF GROWTH
10
B2
COMPLETE COMMUNITIES
10
B3
POPULATION GROWTH FORECAST
11
B4
EMPLOYMENT GROWTH FORECAST
11
B5
HOUSING FORECAST
11
B6
MINIMUM INTENSIFICATION TARGET
12
B7
URBAN AREA AND RURAL SETTLEMENT AREA BOUNDARY EXPANSIONS
12
B8 EFFECT OF POPULATION AND EMPLOYMENT GROWTH ON EXISTING PLANNING
APPROVALS WITHIN URBAN AREAS AND RURAL SETTLEMENT AREAS
12
B9
NEW DEVELOPMENT IN EXISTING URBAN AREAS/RURAL SETTLEMENT AREAS
13
B10
DEVELOPMENT ADJACENT TO URBAN AREAS AND RURAL SETTLEMENT AREAS
13
B11
PROVISION OF SEWAGE AND WATER SERVICES
13
B12
RESERVE CAPACITY
14
B13
INFRASTRUCTURE AND PUBLIC SERVICE FACILITIES
14
B14
HOUSING POLICIES
15
B15
LAND SUPPLY
16
B16
EMPLOYMENT AREA CONVERSION
17
B17
PLANNING PERIOD
17
C LAND USE DESIGNATIONS
18
C1 URBAN AREAS
18
C2 RURAL SETTLEMENT AREAS
19
C3 AGRICULTURAL AREA
20
C4 RURAL AREAS
24
D
RESOURCE AREAS, HAZARDS AND OTHER CONSTRAINT AREAS
26
D1
NATURAL HERITAGE RESOURCES
26
D2
WATER RESOURCES
33
D3
CULTURAL HERITAGE RESOURCES
36
D4
MINERALS AND PETROLEUM RESOURCES
39
D5
MINERAL AGGREGATE RESOURCES
40
The County of Lennox & Addington Official Plan - Approved by the Ministry of Municipal
Affairs and Housing with Modifications on March 9, 2016 - The Effective Date of this Official
Plan is April 5, 2016 - Consolidated Version dated February 13, 2018
ii
D6
NATURAL HAZARDS
47
D7
HUMAN-MADE HAZARDS
50
D8
LANDS OWNED BY THE PROVINCIAL AND FEDERAL GOVERNMENTS
51
D9
DARK SKY VIEWING AREA
52
D10
FORESTRY
53
E
GENERAL DEVELOPMENT POLICIES
54
E1
SUBDIVISION OF LAND
54
E2
TRANSPORTATION
57
F
IMPLEMENTATION AND ADMINISTRATION
63
F1
INTRODUCTION
63
F2
OFFICIAL PLAN ADMINISTRATION
63
F3
LOCAL OFFICIAL PLAN CONFORMITY WITH COUNTY PLAN
64
F4
LOCAL ZONING BY-LAWS
64
F5
COMMUNITY IMPROVEMENT PLANS
64
F6
PHASING OF DEVELOPMENT
65
F7 ASSET MANAGEMENT
66
F8 INFRASTRUCTURE AND PUBLIC SERVICE FACILITIES
66
F9 WASTE MANAGEMENT
67
F10
PUBLIC PARTICIPATION AND CONSULTATION
67
F11
DEVELOPMENT CHARGES
67
F12
COMPLETE APPLICATIONS
67
F13
MONITORING
71
F14
INTERPRETATION
71
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
1
PART 1
THE PREAMBLE
(This is not an Operative Part of the Official Plan)
1.
INTRODUCTION
This document comprises the Official Plan for the County of Lennox &
Addington.
2.
ORGANIZATION OF THE PLAN
This document consists of three components:
Part I - THE PREAMBLE, which does not constitute an operative part of the
Official Plan;
Part 2 - THE COUNTY OF LENNOX & ADDINGTON OFFICIAL PLAN
comprised of text and attached Schedules A, B, C and D inclusive and
constitutes the operative part of the document; and,
Part 3 - THE APPENDICES, which do not constitute part of the Official Plan,
but provides additional information to assist in implementing this Official Plan.
3.
LOCATION
This Official Plan affects all lands within the boundary of the County of
Lennox & Addington, save and except for the lands that are owned by the
Province of Ontario.
4.
PURPOSE OF THE PLAN
The purpose of the County of Lennox & Addington Official Plan is to provide
direction and a policy framework for managing growth and land use decisions
over the planning period to 2036.
The Official Plan is one of a series of policies, guidelines and regulations that
direct the actions of the County and shapes growth and development. The
Plan is intended to:
a)
Establish a broad, upper tier policy framework that provides guidance
to local municipalities in the preparation of updated local Official Plans,
Official Plan Amendments and zoning by-laws;
b)
Implement the Provincial Policy Statement at the County level; and,
c)
Establish a framework for coordination and cooperation amongst the
local municipalities and the County on planning and development
issues that cross municipal boundaries.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
2
This Plan recognizes the importance of the land use planning responsibilities
that are vested with the local municipalities. Given that the County of Lennox
& Addington Official Plan is intended to establish an overall land use planning
framework for the County and its municipalities, this Plan is not intended to
duplicate the policies of the lower tier Official Plans. Instead, this Plan is
intended to provide the guidance necessary for the establishment of detailed
strategies, policies and land use designations at the local level.
5.
BASIS
On December 10, 2012 the Ministry of Municipal Affairs and Housing
('MMAH') advised the County that the Province was amending Ontario
Regulation 352/02 under the Planning Act to require upper-tier municipalities
that are currently without an Official Plan (such as Lennox & Addington) to
adopt one. Subsequently, on March 19th, 2013 the Deputy Minister of
MMAH confirmed that the amendments to Regulation 352/02 have been
made and the County will be required to adopt an Official Plan by March 31,
2015.
Section 16(1) of the Planning Act indicates that "an Official Plan shall contain
goals, objectives and policies established primarily to manage and direct
physical change and the effects on the social, economic and natural
environment of the municipality or part of it, or an area that is without
municipal organization."
Given that the four lower-tier municipalities in the County already have
Official Plans, it will not be the intent of the County Official Plan to deal with
land uses and policy issues that should much more properly be dealt within
the context of the lower-tier Official Plans. This means that this Plan deals
primarily with land use issues that cross municipal boundaries. These
include growth and settlement, economic development and the protection of
resources such as natural heritage resources, water resources, prime
agricultural areas, cultural heritage and archaeological resources, mineral
and petroleum resources and mineral aggregate resources. Direction is also
provided in this Plan on natural and human-made hazards.
Prior to preparing the Official Plan, an Issues Paper dated April 1, 2014 was
prepared, meetings were held with a number of stakeholders, and a series
of public open houses were held across the County.
It was on the basis of this research and engagement that it was determined
that there were two primary issues to deal with in the context of the Official
Plan: growth management and economic development. While there are
many other policy matters and issues to consider, they are all to some extent
influenced by the policy direction established for the two primary issues by
this Official Plan.
In preparing the Official Plan for the County of Lennox & Addington, Council
has had regard to matters of Provincial interest as set out in Section 2 of the
Planning Act. This Official Plan is also intended to be consistent with the
Provincial Policy Statement.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
3
The vision, guiding principles, goals, objectives and policies contained in this
Plan are intended to guide the land use planning decisions of public
authorities 2036.
6.
THE STRUCTURE OF PART 2 OF THE PLAN
Part 2 of the Official Plan is divided into six sections, each of which is
described below:
Section A (Vision, Guiding Principles and Land Use Concept) contains
the vision of the County. This vision is based on an understanding of past
and future trends and the wishes of the County's residents and business
owners. The guiding principles that form the basis of the Plan flow from the
vision. These guiding principles also establish a framework for the other
goals, objectives and policies in the Plan. This section of the Plan also
describes how it is to be implemented through land use designations.
Section B (Growth Management) contains the policies that provide the
basis for accommodating expected growth in the County to 2036.
Section C (Land Use Designations) sets out the objectives and policies for
the land use designations that apply in the County and the conditions under
which development may be permitted within those land use designations.
Section D (Resource Areas, Hazards and Other Constraint Areas)
contains objectives and policies on natural heritage, water, cultural heritage
and archaeological, mineral, petroleum and mineral aggregate resources in
the County. Policies on natural and human-made hazards are also included
within this part of the Plan.
Section E (General Development Policies) contains objectives and
policies that, where appropriate, must be considered as part of the land use
planning process.
Section F (Plan Implementation and Administration) describes how the
vision, guiding principles, goals, objectives and policies of the Official Plan
will be implemented.
Certain terms in Sections A to F of Part 2 of this Plan that are shown in bold
are defined in Section F14.7 of this Plan.
7.
SCHEDULES TO THE PLAN
The following schedules, which are to be read in conjunction with the text of
this document, constitute an operative part of this Official Plan.
Schedule A - Land Use
Schedule B - Selected Natural Heritage Features and Area
Schedule C - Resource Areas, Constraint Areas and Waste Management
Schedule D - Transportation
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
4
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
5
PART 2
COUNTY OF LENNOX &
ADDINGTON OFFICIAL PLAN
(This is the Operative Part of the Official Plan)
A
VISION, GUIDING PRINCIPLES AND LAND USE
CONCEPT
A1
VISION
The Official Plan for the County of Lennox & Addington establishes a
framework for the continued growth and development of a number of
existing urban areas and several smaller rural settlement areas. Its primary
purpose is to provide the basis for the strategic management of growth and
change.
Its purpose is also to assist in achieving common goals and objectives, such
as: the need to enhance an already high quality of life; to support and existing
community structure; and to create a highly desirable, healthy, and attractive
place to live, work, and visit, for a range of people and lifestyles. While the
Vision for the County of Lennox & Addington embraces the past and the
present, it also considers and plans for the future, which the County views as
being more self-reliant over the long term. On this basis, this Official Plan is
intended to support managed growth and respond to opportunities and
constraints, which are specific to the local municipalities.
Given the vast size of the County of Lennox & Addington, the Vision must
also take into consideration how to coordinate and collaborate with respect
to important components of the County that extend beyond local municipal
boundaries. This includes physical connections between communities, such
as natural heritage systems, an integrated transportation network, and
open space linkages.
Finally, while there is a need to work together to develop County - wide
strategies for the benefit of all, this Vision also recognizes that unique
strategies may also be required in certain areas to recognize the local context
and support the specific priorities and initiatives of individual communities.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
6
A2
GUIDING PRINCIPLES
It is recognized that the County's long-term prosperity, environmental health
and social well - being depends on wisely managing change and promoting
efficient land use and development patterns. On this basis of the above,
below are a series of guiding principles that are intended to establish the
basis for making planning decisions in the future, as set out below:
1.
To recognize that the County is made up of a number of communities
of different sizes and identities that all combine to establish Lennox &
Addington's identity as a desirable place to live, establish roots, learn
and create diverse economic opportunities.
2.
To provide opportunities for economic development in all parts of the
County in a manner that fosters competitiveness and a positive and
attractive business environment.
3.
To direct most forms of development to urban areas and rural
settlement areas to meet the needs of present and future residents
and businesses.
4.
To recognize downtowns, historic areas or districts as mixed-use,
vibrant places for living, entertainment, leisure, commerce and civic
activities, and to promote the preservation and reuse of historic
resources, to assist in the retention of local and County history and
heritage and the reinforcement of community character.
5.
To ensure that an appropriate range and mix of housing is available to
all ages, abilities, incomes and household sizes.
6.
To establish an integrated transportation system that safely and
efficiently accommodates various modes of transportation including
trains, automobiles, and trucks, cycling and walking.
7.
To protect natural heritage features and areas and natural heritage
systems and their associated ecological functions so that they can
be enjoyed by future generations and serve as a legacy to all peoples
within our communities.
8.
To promote efficient, cost-effective development and land use patterns
that minimize land consumption and servicing costs.
9.
To work with the adjacent communities on matters of common interest,
which
includes
growth
management,
economic
development,
transportation, infrastructure, natural heritage features and areas,
water resources and source water protection.
10. To achieve coordinated land use planning among the County's local
municipalities and with neighbouring Counties, separated cities and
First Nation lands.
11. To improve accessibility for persons with disabilities and older persons
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
7
by identifying, preventing and removing land use barriers that restrict
their full participation in society.
12. To achieve wise management and use of the County's resources.
13. To consider climate change adaptation and mitigation through land use
and development patterns, stormwater management, and decisions
relating to infrastructure development.
A3
PROVINCIAL LAND USE CONCEPT
The Provincial Policy Statement (2014) divides the Province of Ontario into
urban areas and rural areas. Urban areas are those settlement areas in
the Province that are serviced with municipal sewage services and
municipal water services. Urban areas are intended to be the focus of
major growth and development.
Rural areas are lands outside of urban areas that are the site of rural
settlement areas, prime agricultural areas and other rural lands that are
not prime agricultural areas. Rural areas and urban areas are inter-
dependent in terms of markets, resources and amenities.
A4
LAND USE CONCEPT
In order to implement the Provincial land use concept established in Section
A3 of this Plan, five primary land use designations are included within this
Plan, as described in this Section of the Plan.
A4.1
URBAN AREA
The Urban Areas in the County are settlement areas that have both water
and wastewater services (Amherstview, Bath, Odessa and Napanee).
A4.2
RURAL SETTLEMENT AREA
Rural Settlement Areas in the County are settlement areas that are not
Urban Areas.
A4.3
AGRICULTURAL AREA
This designation applies to lands that are considered to be the County's
prime agricultural area.
A4.4
RURAL AREA
This designation applies to all lands within the rural area that are not within
the County's prime agricultural area and are not included within the
Environmental Protection Area designation.
A4.5
ENVIRONMENTAL PROTECTION AREA
This designation applies to all Provincially significant wetlands as identified
using evaluation procedures established by the Ministry of Natural
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
8
Resources and Forestry.
A5
DELEGATION OF APPROVAL AUTHORITY
Upon approval of this Plan by the Ministry of Municipal Affairs and Housing,
the approval authority for local Official Plans, local Official Plan Amendments
and Plans of Subdivision and Condominium will be the County of Lennox &
Addington. Upon obtaining this approval authority function, the County shall
support the delegation of that approval authority, where permitted by the
Planning Act, to local municipalities. The approval authority for consents is
not subject to this policy since that approval authority has already been
delegated to the local municipalities and it is the intent of the County to
maintain this relationship. Notwithstanding any of the above, any changes
to the nature of the approval authority shall not require an Amendment to this
Plan.
A6
INTERPRETATION OF THIS OFFICIAL PLAN
This Official Plan is more than a set of individual goals, objectives and
policies. It is to be read in its entirety and the relevant goals and objectives
are to be considered when decisions are made and all relevant policies shall
be applied as appropriate.
Since land use decisions have long-term impacts, these decisions must be
future oriented and connected to an overall vision. In this regard, this Official
Plan contains such a vision in Section A1, which articulates the future of the
County and is intended to be the foundation upon which the Official Plan has
been developed. The vision is supported by a series of guiding principles
that are intended to convey in broad terms how the vision is to be
implemented. Both the vision and the guiding principles are not tests that
need to be met or applied to individual properties or applications, rather the
vision and guiding principles should be considered when making overall
policy decisions.
Sections B to F of this Plan contain a series of goals, objectives and policies.
Goals are intended to articulate what the County hopes to achieve to support
the overall vision. Goals are not policies and are not intended to be a
conformity test. Objectives are intended to be specific, quantifiable and
realistic targets that measure the accomplishment of a goal over a specified
period of time. These objectives are also not policies and are not intended to
be a conformity test.
Finally, there are policies, which are to be applied when making land use
planning decisions. Policies are statements that are intended to implement
the vision, goals and objectives in this Plan. Some policies set out positive
directives such as "settlement areas shall be the focus of growth and
development". Other policies set out limitations and prohibitions, such as
"development and site alteration shall not be permitted". The use of the
word "shall" implies the policy is mandatory and requires full compliance.
Other policies use enabling or supportive language, such as "should,
promote and encourage".
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
9
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
10
B
GROWTH MANAGEMENT
B1
FOCUS OF GROWTH
a)
Where a local municipality has one or more Urban Areas, the Urban
Area(s) shall be the focus of growth and their vitality and regeneration
shall be promoted.
b)
Where a local municipality does not have an Urban Area, Rural
Settlement Areas shall be the focus of growth and their vitality and
regeneration shall be promoted.
c)
Local municipalities shall develop growth management strategies that
are intended to implement this section of the Plan.
B2
COMPLETE COMMUNITIES
It is the goal of the County that the Urban Areas and Rural Settlement Areas
continue to evolve into complete communities where there is:
a)
A strong live/work ratio, where the majority of residents are employed
in the community in which they live;
b)
Choice in the market place, in terms of obtaining goods and services;
c)
A range of educational and training opportunities;
d)
A range of housing types for all levels of income and ages;
e)
A range of health care services for the majority of the residents;
f)
A range of community and social services to assist the majority of those
in need in the community;
g)
A range of cultural and recreational opportunities and facilities; and,
h)
A population level and density that supports the provision of public
transit, where feasible.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
11
B3
POPULATION GROWTH FORECAST
The lower-tier municipalities shall plan to accommodate population growth in
accordance with Table A.
B4
EMPLOYMENT GROWTH FORECAST
The lower-tier municipalities shall plan to accommodate employment growth
in accordance with Table B.
TABLE B
Employment Growth Forecast by Municipality 2011 - 2036
Municipality
Employment Growth
(2011 to 2036)
Growth Rate
(2011 to 2036)
Greater Napanee
1,710
23.61%
Loyalist Township
720
25.75%
Stone Mills
122
16.83%
Addington Highlands
68
11.15%
Total
2,552
22.46%
B5
HOUSING FORECAST
Table C below establishes the housing forecast for each of the local
municipalities. These forecasts are considered to be guidelines that are to
be considered by each local municipality when their Official Plans are
amended to conform with this Plan. In this regard, lower tier municipalities
may adjust the housing forecast higher or lower and the housing mix as
appropriate taking into account the nature of existing planning approvals,
historical building trends, the nature of the expected housing demand and
the policies of the local Official Plan.
TABLE A
Population Growth Forecast by Municipality 2011 - 2036
Municipality
Population Growth
(2011 to 2036)
Growth Rate
(2011 to 2036)
Greater Napanee
3,663
23.61%
Loyalist Township
4,177
25.75%
Stone Mills
1,272
16.83%
Addington Highlands
282
11.15%
Total
9,395
22.46%
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
12
TABLE C
Housing Forecast by Municipality 2011 - 2036
Municipality
Low Density
Medium Density
Total
Greater Napanee
1,040
247
1,287
Loyalist Township
1,328
374
1,702
Stone Mills
400
0
400
Addington Highlands
83
0
83
Total
2,851
6,21
3,472
B6
MINIMUM INTENSIFICATION TARGET
a)
The minimum intensification target for Greater Napanee is 10% and
the minimum intensification target for Amherstview is 10% and for
Odessa and Bath it is 20%.
b)
Greater Napanee and Loyalist Township shall develop growth
management strategies that are intended to implement this section of
the Plan.
B7
URBAN AREA AND RURAL SETTLEMENT AREA
BOUNDARY EXPANSIONS
An expansion to an Urban Area or Rural Settlement Area boundary or the
establishment of a new settlement area shall only occur as part of a
comprehensive review as set out in Section 1.1.3.8 of the Provincial Policy
Statement. An Amendment to this Plan will be required for an expansion to
an Urban Area or a Rural Settlement Area.
B8
EFFECT OF POPULATION AND EMPLOYMENT
GROWTH ON EXISTING PLANNING APPROVALS
WITHIN URBAN AREAS AND RURAL SETTLEMENT
AREAS
The population, employment and housing targets set out in Tables A, B and
C do not have an impact on the ability of the County and local municipalities
to consider applications to develop lands that are within an Urban Area or
Rural Settlement Area boundary that existed on the date this Plan came into
effect.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
13
B9
NEW DEVELOPMENT IN EXISTING URBAN
AREAS/RURAL SETTLEMENT AREAS
In cases where new development is proposed outside of the built up area
but within the Urban Area or Rural Settlement Area boundary, it should be
demonstrated that:
a)
The new development area will generally serve as a logical extension
to the existing built up area, is compact and minimizes the consumption
of land;
b)
The scale and location of the proposed development will be in
conformity with Sections B11 and B12 of this Plan, as applicable;
c)
A range of housing choices will be provided, subject to servicing
constraints;
d)
The amount of growth in new development areas is in accordance with
an overall growth management strategy that promotes opportunities for
intensification and redevelopment; and,
e)
All of the other infrastructure and public service facilities required to
service the new development area is available, with such
infrastructure and public service facilities being used as efficiently
as possible.
B10
DEVELOPMENT ADJACENT TO URBAN AREAS AND
RURAL SETTLEMENT AREAS
Development and land use patterns that would prevent the efficient
expansion of Urban Areas and Rural Settlement Areas in those areas that
are adjacent to or close to Urban Areas or Rural Settlement Areas should
be avoided.
B11
PROVISION OF SEWAGE AND WATER SERVICES
a)
Where municipal sewage services and municipal water services or
private communal sewage services and private communal water
services are not provided, individual on-site sewage services and
individual on-site water services may be used provided that site
conditions are suitable for the long-term provision of such services with
no negative impacts. In Rural Settlement Areas, these services may
only be used for infilling and minor rounding out of existing
development.
b)
Partial services shall only be permitted in the following circumstances:
i)
Where they are necessary to address failed individual on-site
sewage services and individual on-site water services in
existing development; or
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
14
ii)
Within Rural Settlement Areas, to allow for infilling and minor
rounding out of existing development on partial services
provided that site conditions are suitable for the long-term
provision of such services with no negative impacts.
c)
Where a development proposes to utilize a large sub-surface sewage
system with a design capacity of greater than 10,000 litres per day,
approval from the Ministry of the Environment and Climate Change
shall be required.
B12
RESERVE CAPACITY
Planning authorities may allow lot creation only if there is confirmation of
sufficient reserve sewage system capacity and reserve water system
capacity within municipal sewage services and municipal water services
or private communal sewage services and private communal water
services. The determination of sufficient reserve sewage system capacity
shall include treatment capacity for hauled sewage from private communal
sewage services and individual on-site sewage services.
B13
INFRASTRUCTURE AND PUBLIC SERVICE FACILITIES
a)
Infrastructure, electricity generation facilities and transmission and
distribution systems, and public service facilities shall be provided in
a coordinated, efficient and cost-effective manner that considers
impacts from climate change while accommodating projected needs.
b)
Planning for infrastructure, electricity generation facilities and
transmission and distribution systems, and public service facilities
shall be coordinated and integrated with land use planning so that they
are:
i)
Financially viable over their life cycle, which may be demonstrated
through asset management planning; and,
ii)
Available to meet current and projected needs.
c)
The County supports the development of community hubs throughout
the County as a means of optimizing the use of public service
facilities, providing access to social, recreational and cultural services,
and integrating service delivery.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
15
B14
HOUSING POLICIES
B14.1
GOALS
It is the goal of the County that the County's current and future housing needs
be met by:
a) Requiring that local municipalities with Urban Areas ensure that there
is a 10 year supply of land for residential development in Urban Areas;
b)
Encouraging local municipalities to plan for the provision of an
appropriate range of housing types and densities to meet the needs of
current and future residents;
c)
Encouraging local municipalities to plan for residential intensification
and affordable housing by encouraging opportunities for mixed-use
development in appropriate locations;
d)
Requiring local municipalities to include policies in their Official Plans to
permit secondary residential units in accordance with Section B14.3 of
this Plan;
e)
Continuing to develop public housing through the Prince Edward -
Lennox & Addington Housing Corporation as appropriate; and,
f)
Consider any recommendations set out in the Housing and
Homelessness Plan, as deemed appropriate.
B14.2
GENERAL POLICIES
a)
Local municipalities shall identify appropriate locations and promote
opportunities for intensification and redevelopment where this can be
accommodated taking into account existing building stock or areas,
including brownfield sites, and the availability of suitable existing or
planned infrastructure and public service facilities required to
accommodate projected needs.
b)
Local municipalities shall provide for an appropriate range and mix of
housing types and densities to meet projected requirements of current
and future residents of the County by:
i)
Establishing and implementing minimum targets for the provision
of housing which is affordable to low and moderate income
households;
ii)
Permitting and facilitating:
a.
All forms of housing required to meet the social, health
and well-being requirements of current and future
residents, including special needs requirements; and,
b.
All forms of residential intensification, including
secondary residential units, and redevelopment in
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
16
accordance with Section B14.2.a);
iii)
Directing the development of new housing towards locations
where appropriate levels of infrastructure and public service
facilities are or will be available to support current and projected
needs;
iv)
Promoting densities for new housing which efficiently use land,
resources, infrastructure and public service facilities, and
support the use of active transportation and transit in areas
where it exists or is to be developed; and,
v)
Establishing
development
standards
for
residential
intensification,
redevelopment
and
new
residential
development that minimize the cost of housing and facilitate
compact form, while maintaining appropriate levels of public
health and safety.
B14.3
SECONDARY RESIDENTIAL UNITS
a)
Local municipalities are required to establish local Official Plan policies
that permit a secondary residential unit in a detached, semi-detached
and row house dwelling unit provided a secondary residential unit is not
located in an accessory building on the same lot, and provided that
health, safety and other reasonable standards (e.g. the provision of
parking or adequacy of services) are met.
b)
Local municipalities are also required to permit a secondary residential
unit in an accessory building provided only one dwelling unit is located
within the principal building on the lot that is used as a detached, semi-
detached or row house dwelling unit, and provided that health, safety
and other reasonable standards (e.g. the provision of parking or
adequacy of services) are met.
B14.4
AFFORDABLE HOUSING
It is the goal of the County to encourage the provision of housing which is
affordable to low and moderate income households. In this regard the
minimum target for the provision of housing which is affordable in the County
of Lennox & Addington is 25%.
B15
LAND SUPPLY
Local municipalities with Urban Areas shall:
a) Maintain at all times the ability to accommodate residential growth for a
minimum of 10 years through residential intensification and
redevelopment and, if necessary, lands which are designated and
available for residential development; and,
b)
Maintain at all times where new development is to occur, land with
servicing capacity sufficient to provide at least a three-year supply of
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
17
residential units available through lands suitably zoned to facilitate
residential intensification and redevelopment, and land in draft
approved and registered plans.
B16
EMPLOYMENT AREA CONVERSION
Proposals to convert lands within an Employment designation in a lower tier
Official Plan to another land use designation will be reviewed through a
comprehensive review as defined by this Plan.
In considering a request to remove lands from an Employment designation
in a lower-tier Official Plan through an Amendment to the local Official Plan,
it shall be demonstrated through the comprehensive review that:
a)
There is a need for the conversion; and,
b)
The lands are not required over the long-term for the employment
purposes for which they are designated.
B17
PLANNING PERIOD
The planning period for this Official Plan is to 2036. Notwithstanding the
above, nothing limits the planning for infrastructure and public service
facilities beyond the 20 year planning period. In addition, planning
authorities may plan beyond 20 years for the long-term protection of
employment areas provided new lands are not designated beyond the
planning period.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
18
C
LAND USE DESIGNATIONS
C1
URBAN AREAS
C1.1
GENERAL LAND USE OBJECTIVES
The County encourages the local municipalities to consider the following
general land use objectives when developing Official Plan policies, zoning
by-laws, other municipal plans and strategies and when reviewing
applications for development in Urban Areas.
C1.1.1
Residential Areas
a)
To encourage the provision of a range of housing types to
accommodate persons with diverse social and economic backgrounds,
needs and desires while promoting the maintenance and improvement
of existing housing;
b)
To promote the efficient use of existing and planned infrastructure and
public service facilities by supporting opportunities for various forms
of residential intensification, where appropriate; and,
c)
To promote a variety of complementary and compatible land uses in
residential areas including special needs housing, community facilities,
schools, commercial uses and recreational open space areas.
C1.1.2
Commercial Areas
a)
To encourage commercial development that will provide a full range of
goods and services, at appropriate locations, to meet the needs of the
County's residents, employees and businesses;
b)
To encourage and promote development that combines commercial,
residential and other land uses to facilitate the more efficient use of
urban land;
c)
To promote the efficient use of existing and planned infrastructure by
creating the opportunity for various forms of commercial and
residential intensification, where appropriate;
d)
To encourage the continued revitalization of traditional and emerging
main street areas, which reflects their heritage and significance to the
County and which promotes a mix of uses and attractions for retail,
other community uses and activities and tourism.
C1.1.3
Employment Areas and Uses
a)
To provide for an appropriate mix and range of employment and
institutional uses to meet long-term needs;
b)
To provide opportunities for a diversified economic base, including
maintaining a range and choice of suitable sites for employment uses
which support a wide range of economic activities and ancillary uses,
and take into account the needs of existing and future businesses;
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
19
c)
To ensure that the necessary infrastructure is provided to support
current and projected needs;
d)
To plan for, protect and preserve employment areas for current and
future uses; and,
e)
To protect employment areas in proximity to major goods movement
facilities and corridors for employment uses that require those
locations.
C1.2
BOUNDARIES OF URBAN AREAS
The boundaries of Urban Areas shown on Schedule A to this Plan shall be
shown on local Official Plans.
C1.3
PERMITTED USES
A full range of uses is permitted within Urban Areas in accordance with local
Official Plan policies and land use designations.
C2
RURAL SETTLEMENT AREAS
C2.1
GENERAL LAND USE OBJECTIVES
The County encourages the local municipalities to consider the following
general land use objectives when developing Official Plan policies, zoning
by-laws and other municipal plans and strategies and when reviewing
applications for development in Rural Settlement Areas.
a)
To maintain and where possible enhance the vitality and viability of
downtowns and main streets;
b)
To encourage the provision of an appropriate range and mix housing;
c)
To promote regeneration, including the redevelopment of brownfield
sites;
d)
To use infrastructure and public service facilities efficiently;
e)
To encourage the provision of a range of employment opportunities;
f)
To promote the diversification of the economic base through the
provision of goods and services, including value-added products and
the sustainable management or use of resources; and,
g)
To encourage the establishment of opportunities for sustainable and
diversified tourism, including the leveraging historical, cultural and
natural assets.
C2.2
BOUNDARIES OF RURAL SETTLEMENT AREAS
The boundaries of Rural Settlement Areas shown on Schedule A to this
Plan shall be shown on local Official Plans.
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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C2.3
PERMITTED USES
A full range of uses are permitted within Rural Settlement Areas in
accordance with local Official Plan policies and land use designations subject
to meeting servicing and other requirements as set out in the local Official
Plans.
C3
AGRICULTURAL AREA
C3.1
OBJECTIVES FOR THE AGRICULTURAL AREA DESIGNATION
The County encourages the local municipalities to consider the following
general land use objectives when developing Official Plan policies, zoning
by-laws, other municipal plans and strategies and when reviewing
applications for development in the Agricultural Area designation.
a)
To recognize agriculture as the primary activity and land use;
b)
To promote and protect all types, sizes and intensities of agricultural
uses and normal farm practices;
c)
To maintain and preserve the agricultural resource base of the County;
d)
To encourage the protection of the County's prime agricultural area
from fragmentation, development and land uses unrelated to
agriculture;
e)
To promote a diverse, innovative and economically strong agricultural
industry and associated activities by enhancing their capacity to
contribute to the economy of the County; and,
f)
To encourage the preservation and promotion of the agricultural
character of the County and its local communities.
C3.2
LOCATION
a) All lands designated Agricultural Area as shown on Schedule A to this
Plan apply to lands that are considered to be the County's prime
agricultural area as defined. These areas shall be designated and
protected for agricultural uses in local Official Plans.
b)
It is recognized that certain lands within the Agricultural Area
designation shown on Schedule A have previously received approvals
for non-agricultural uses by the local Official Plans. At those locations,
those specific uses may continue and would also be subject to
corresponding policies of the local Official Plan.
c)
Planning authorities may only exclude land from prime agricultural
areas for expansions of or identification of Urban Areas and Rural
Settlement Areas in accordance with Section B7 of this Plan.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
21
C3.3
PERMITTED USES
a)
Permitted uses in the Agricultural Area designation are:
i) Agricultural uses;
ii) Agricultural-related uses in accordance with Section C3.5 of this
Plan;
iii) On-farm diversified uses in accordance with Section C3.6 of this
Plan; and,
iv) Residential uses on existing lots of record in accordance with the
local Official Plan.
b)
In the Agricultural Area designation, all types, sizes and intensities of
agricultural uses and normal farm practices shall be promoted and
protected in accordance with Provincial standards.
C3.4
LOT CREATION ON LANDS IN THE AGRICULTURAL AREA
DESIGNATION
a)
New lots may be permitted in the Agricultural Area designation if the
local Official Plan supports their creation and if:
i)
The lot is to be severed to create a new farm lot and both the
retained and severed parcels have lot areas that are specified in
the local Official Plan that are sufficiently large to maintain flexibility
for future changes in the type or size of agricultural operations; or,
ii)
The lot is required for an agricultural-related use, provided the
new lot is limited to a minimum size needed to accommodate the
use and appropriate sewage and water services; or
iii)
The lot is to be created to accommodate an existing habitable farm
residence that has become surplus to a farming operation as
a result of the acquisition of additional farm parcels to be operated
as one farm operation (a farm consolidation) provided the new lot
will be limited to a minimum size needed to accommodate the use
and appropriate sewage and water services; and the approval
authority ensures that new residential dwellings are prohibited on
any remnant parcel of farmland created by the severance; or
iv)
The lot is required for infrastructure, where the facility or corridor
cannot be accommodated through the use of easements or rights-
of-way.
b)
The approaches used to ensure that no new residential dwellings are
permitted on the remnant parcel in accordance with Section C3.4 a) iii)
may be recommended by the Province, or based on municipal
approaches that achieve the same objective.
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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c)
Lot adjustments may also be granted for legal or technical reasons,
such as for easements, correction of deeds, quit claims and minor
boundary adjustments that do not result in the creation of a new lot and
do not otherwise conflict with the intent of this Plan and the local Official
Plan.
C3.5
AGRICULTURE-RELATED USES
a)
For the purposes of this Official Plan, agriculture-related uses are
those farm-related commercial and farm-related industrial uses that are
directly related to farm operations in the area, support agriculture,
benefit from being in close proximity to farm operations, and provide
direct products and/or services to farm operations as a primary activity.
b)
Proposed agriculture-related uses shall be compatible with, and shall
not hinder, surrounding agricultural operations.
c)
Policies for agriculture-related uses shall be developed in local
Official Plans as they are updated to conform to this Plan.
C3.6
ON-FARM DIVERSIFIED USES
a)
For the purposes of this Official Plan, on-farm diversified uses are
uses that are secondary to the principal agricultural use of the
property, and are limited in area. On-farm diversified uses include,
but are not limited to, home occupations, home industries, agri-tourism
uses, and uses that produce value-added agricultural products.
b)
Proposed on-farm diversified uses shall be compatible with, and shall
not hinder, surrounding agricultural operations.
c)
Local municipalities are encouraged to permit on-farm diversified
uses in their Official Plans and implementing zoning by-laws as
appropriate.
C3.6
NON AGRICULTURAL USES IN THE AGRICULTURAL AREA
DESIGNATION
a)
Limited non-residential uses that are not permitted by this Plan in the
Agricultural Area designation may only be considered in the Agricultural
Area designation through an Amendment to the local Official Plan that
specifically permits the use, provided that all of the following are
demonstrated:
i) The land does not comprise a specialty crop area;
ii) The proposed use complies with the minimum distance
separation formulae;
iii) There is an identified need within the planning period for additional
land to be designated to accommodate the proposed use; and,
iv) Alternative locations have been evaluated, and,
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
23
a. There are no reasonable alternative locations which avoid
prime agricultural areas; and,
b. There are no reasonable alternative locations in prime
agricultural areas with lower priority agricultural lands.
b)
The extraction of minerals, petroleum resources and mineral
aggregate resources is permitted in the Agricultural Area designation
subject to the policies of this Plan and local Official Plans.
c)
When considering a non-agricultural use in accordance with this section
of the Plan, impacts from any new or expanding non-agricultural uses
on surrounding agricultural operations and lands are to be mitigated to
the extent feasible.
C3.7
COMPATIBILITY OF AGRICULTURAL USES WITH OTHER LAND
USES
The following land use compatibility policies apply to agricultural operations
and non-agricultural operations in all land use designations in the County:
a)
In order to provide farmers with the ability to carry out normal farm
practices, all new development shall be set back from agricultural
operations in accordance with the minimum distance separation one
formula as amended. Development on lands within Urban Areas And
Rural Settlement Areas is exempt from this policy.
b)
New and/or expanded livestock facilities shall be set back from existing
non-agricultural uses in accordance with the minimum distance
separation two formula, as amended.
c)
The minimum distance separation formulae may be included in local
zoning by-laws.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
24
C4
RURAL AREAS
C4.1
OBJECTIVES FOR THE RURAL AREA DESIGNATION
The County encourages the local municipalities to consider the following
general land use objectives when developing Official Plan policies, zoning
by-laws, other municipal plans and strategies and when reviewing
applications for development in the Rural Area designation.
a)
To promote the diversification of the economic base and employment
opportunities through the provision of goods and services, including
value-added products and the sustainable management or use of
resources;
b)
To encourage the establishment of sustainable and diversified tourism
opportunities;
c)
To promote the development of commercial, recreational and industrial
uses that are appropriate for the rural and recreational areas of the
County;
d)
To promote a diverse, innovative and economically strong agricultural
industry and associated activities by enhancing their capacity to
contribute to the economy of the County;
e)
To provide for limited residential uses on lands that are not constrained
or protected for their resource value while focusing the growth to Urban
Areas and Rural Settlement Areas; and,
f)
To ensure that servicing and groundwater issues are considered
through the application review process.
C4.2
LOCATION
All lands designated Rural Area as shown on Schedule A to this Plan apply
to lands that are not otherwise designated as Urban Areas or Rural
Settlement Areas or Environmental Protection Area and which are not within
the Agricultural Area designation.
C4.3
LOT CREATION
Lot creation in the Rural Area designation shall be governed by the policies
of the local Official Plan in addition to the relevant policies of this Plan,
including Section E1, recognizing that Urban Areas and Rural Settlement
Areas shall be the focus of growth. In order to implement these policies, local
Official Plans shall contain policies that identify what proportion of the
additional residential development expected in the municipality will be
directed to settlement areas and what proportion will be directed in a limited
manner to the Rural Area designation. These policies may be supplemented
by other policies that limit the number of consents permitted from an existing
lot, or the original lot and with polices that cap the number of rural lots that
can be created.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
25
C4.4
PERMITTED USES
a)
Permitted uses in the Rural Area designation include:
i)
Agricultural uses;
ii)
Agricultural-related uses in accordance with Section C3.5 of
this Plan;
iii)
On-farm diversified uses in accordance with Section C3.6 of
this Plan;
iv)
Home occupations and home industries;
v)
Resource-based
recreational
uses
including
recreational
dwellings;
vi)
Limited residential development;
vii)
Cemeteries;
viii)
Uses related to the management or use of resources; and,
ix)
Other rural land uses.
b)
Local Official Plans are required to determine which of the above uses
are to be permitted and under which conditions as appropriate.
c)
All new development shall be appropriate to the infrastructure which
is planned or available, to avoid the need for unjustified and/or
uneconomical expansion of this infrastructure.
d)
It is recognized that on the date of adoption of this Plan certain lands
were subject to land use designations in the local Official Plan that
permit industrial, commercial or recreational uses. In cases such as
these, the policies of the local Official Plan prevail.
C4.5
LAND USE COMPATIBILITY
Section C3.7 also applies in the Rural Area designation.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
26
D
RESOURCE AREAS, HAZARDS AND OTHER
CONSTRAINT AREAS
D1
NATURAL HERITAGE RESOURCES
D1.1
OBJECTIVES FOR NATURAL HERITAGE RESOURCES
a)
It is the objective of this Plan that the diversity and connectivity of
natural features in an area, and the long-term ecological function and
biodiversity of natural heritage systems, be maintained, restored or,
where possible, improved, recognizing linkages between and among
natural heritage features and areas, surface water features and
groundwater features.
b)
It is also the objective of this Plan to:
i) Provide the basis for the establishment of a natural heritage
system through the preparation of an Official Plan Amendment that
is initiated by the County;
ii) Raise the public's awareness that natural heritage features are
important to the County of Lennox & Addington and to its local
municipalities and should be protected for future generations;
iii) Provide the tools to properly assess development applications
located in close proximity to natural heritage features; and,
iv) Provide opportunities, where appropriate, for passive outdoor
recreational activities.
D1.2
DEVELOPMENT AND SITE ALTERATION
a)
Development and site alteration shall not be permitted in significant
wetlands and significant coastal wetlands.
b)
Development and site alteration shall not be permitted in the following
features unless it has been demonstrated that there will be no negative
impacts on the natural features or their ecological functions:
i) Significant woodlands in Ecoregions 6E and 7E;
ii) Significant valleylands in Ecoregions 6E and 7E;
iii) Coastal wetlands that are not subject to Section D1.2 a);
iv) Significant wildlife habitat; and,
v) Significant Areas of Natural and Scientific Interest.
c)
Development and site alteration shall not be permitted in fish habitat
except in accordance with provincial and federal requirements.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
27
d)
Development and site alteration shall not be permitted in habitat of
endangered species and threatened species, except in accordance
with provincial and federal requirements.
e)
Development and site alteration shall not be permitted on adjacent
lands to the natural heritage features and areas identified in Sections
D1.2 (a), (b) and (c) of this Plan, unless the ecological function of the
adjacent lands has been evaluated and it has been demonstrated that
there will be no negative impacts on the natural features or on their
ecological functions. Additional polices on adjacent lands are
contained in Section D1.12.2 of this Plan.
D1.3
SIGNIFICANT WETLANDS AND COASTAL WETLANDS
a) A significant wetland is an area of land that is seasonally or
permanently covered by shallow water, as well as lands where the
water table is close to or at the surface that has been identified as
Provincially significant by the Ministry of Natural Resources and
Forestry using evaluation procedures established by the Province, as
amended from time to time. Significant wetlands are included within
the Environmental Protection Area designation on Schedule A and are
also shown on Schedule B to this Plan.
b)
A significant coastal wetland is any wetland that is located on Lake
Ontario or a connecting channel or any other wetland that is on a
tributary to Lake Ontario or a connecting channel and lies, either wholly
or in part, downstream of a line located 2 kilometres upstream of the
1:100 year floodline (plus wave run-up) of the large water body to which
the tributary is connected. Significant coastal wetlands and non-
significant coastal wetlands are to be identified when a natural
heritage system is established in accordance with Section D1.9 of this
Plan.
c)
If development or site alteration is proposed in or within 120 metres
of an unevaluated wetland that has characteristics or contains
components that are typical of a significant wetland, as determined
through an environmental impact study, an evaluation shall be prepared
by a qualified person and submitted to the Ministry of Natural Resources
and Forestry for consideration to determine if the wetland is
significant.
D1.4
HABITAT OF ENDANGERED SPECIES AND THREATENED
SPECIES
a)
The Ministry of Natural Resources and Forestry (MNRF) administers
the Endangered Species Act, 2007 (ESA) to protect and conserve
species at risk and their habitats. Under the ESA, the MNRF is
responsible for identifying species as endangered or threatened and
approving general and regulated habitat, as well as giving technical
advice on species at risk and their habitats.
b)
Environmental Impact Studies or other planning reports may help with
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
28
identifying the extent of the habitat of endangered species and
threatened species. Where the potential for habitat of endangered or
threatened species is identified, the Ministry of Natural Resources and
Forestry will be contacted for technical advice and to delineate and
confirm the presence of habitat.
c)
The County recognizes that information regarding the locations of
endangered and threatened species and their habitat is incomplete.
The County and the lower tier municipalities will accept information
regarding endangered and threatened species habitat from the
MNRF as it becomes available and will use this information, in
confidence, to screen all planning applications for potential
development constraints.
d)
In order to determine the presence of habitat of endangered species
and threatened species and to assess the impacts that proposed
activities may have on the habitat of threatened and endangered
species, a site assessment by a qualified professional is required to be
completed at the appropriate time of year. The assessment must
identify whether any endangered or threatened species are present
and whether the proposed activities will have any impact on
endangered or threatened species or their habitat. MNRF can be
contacted for further direction regarding site specific proposals.
D1.5
SIGNIFICANT WILDLIFE HABITAT
a)
Significant wildlife habitat may include seasonal concentrations of
animals (e.g. deer wintering areas, heronries), specialized habitats and
rare vegetation communities and habitats of species of special concern.
Selected significant wildlife habitat areas are shown on Schedule B
to this Plan.
b)
Proponents of development and site alteration in areas that are
potentially the site of significant wildlife habitat should consult with
the Ministry of Natural Resources and Forestry's Significant Wildlife
habitat Technical Guide and the Ecoregion Criterion Schedules for the
Identification of significant wildlife habitat, to help identify significant
wildlife habitat.
c)
Significant wildlife habitat in Ecoregions 6E and 7E are to be
identified when a natural heritage system is established in
accordance with Section D1.9 of this Plan.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
29
D1.6
SIGNIFICANT WOODLANDS
a)
A significant woodland is a treed area which is ecologically important
in terms of features such as species composition, age of trees and
stand history; functionally important due to its contribution to the
broader landscape because of its location, size or due to the amount of
forest cover in the planning area; or economically important due to site
quality, species composition, or past management history.
b)
Significant woodlands in Ecoregions 6E and 7E are to be identified
when a natural heritage system is established in accordance with
Section D1.9 of this Plan using criteria established by the Ministry of
Natural Resources and Forestry.
D1.7
SIGNIFICANT VALLEYLANDS
a)
A significant valleyland is a natural area that occurs in a valley or
other landform depression that has water flowing through or standing
for some period of the year and which is considered ecologically
important in terms of features, functions, representation or amount, and
contributing to the quality and diversity of an identifiable geographic
area or natural heritage system.
b)
Significant valleylands in Ecoregions 6E and 7E may be identified
when a natural heritage system is established in accordance with
Section D1.9 of this Plan.
D1.8
SIGNIFICANT AREAS OF NATURAL AND SCIENTIFIC INTEREST
a)
A significant Area of Natural and Scientific Interest is an area of
land and water containing natural landscapes or features that have
been identified as having life science or earth science values related to
protection, scientific study or education which has been identified as
Provincially significant by the Ministry of Natural Resources and
Forestry using evaluation procedures established by the Province, as
amended from time to time.
b)
Significant Areas of Natural and Scientific Interest, along with
Regional Areas of Natural and Scientific Interest are shown on
Schedule B to this Plan.
c)
Additional Regional Areas of Natural and Scientific Interest may be
identified when a natural heritage system is established in
accordance with Section D1.9 of this Plan.
D1.9
ESTABLISHING A NATURAL HERITAGE SYSTEM
The County of Lennox & Addington is committed to maintaining and
promoting a healthy natural environment and protecting its unique and
special natural heritage features and areas for the present generation and
all successive generations. On this basis, it is a policy of this Plan that the
establishment of a natural heritage system for that portion of the County
that is included within Ecoregions 6E and 7E as per the Provincial Policy
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
30
Statement be initiated within three years of the approval of this Plan and
completed through a future County Official Plan Amendment in consultation
with the local municipalities.
D1.10
COMPONENTS OF A NATURAL HERITAGE SYSTEM
The following may be components of the natural heritage system that is
intended to be established in accordance with Section D1.9 of this Plan:
a)
Significant wetlands and significant coastal wetlands;
b)
Significant and Regional Areas of Natural and Scientific Interest;
c)
Habitat of endangered species and threatened species;
d)
Significant wildlife habitat areas and other wildlife habitat areas;
e)
Significant woodlands and other woodlands;
f)
Significant valleylands and other valleylands;
g)
Fish habitat;
h)
Non-Provincially significant wetlands and other coastal wetlands;
i)
Watercourses and other areas that support hydrologic functions;
j)
Working landscapes that enable ecological functions to continue;
k)
Federal and Provincial Parks and Conservation Reserves;
l)
County forests and lands owned by a Conservation Authority;
m)
Linkage areas subject to Section D1.11 of this Plan; and,
n)
Lands that have been restored or have the potential to be restored to a
natural state.
D1.11
LINKAGE AREAS
Linkage areas are defined as linear natural features such as streams,
floodplains, and steep slopes, valleys, contiguous narrow woodlands and
wetlands that connect two or more natural heritage features. It is the intent
of the County to identify these corridors when a natural heritage system is
developed in accordance with Section D1.9 of this Plan.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
31
D1.12
GENERAL POLICIES
D1.12.1
Use of Lands in Private Ownership
Where any land within the Environmental Protection Area designation on
Schedule A to this Plan is held under private ownership, this Plan shall not
be construed as implying that such areas are free and open to the general
public.
D1.12.2
Adjacent Lands
a)
Adjacent lands are the lands contiguous to a natural heritage feature
and area where it is likely that development or site alteration would
have a negative impact on the feature or area. For the purposes of this
Plan, adjacent lands are defined as all lands within the specified
distance of the boundary of natural heritage features and areas as
set out in Table D.
TABLE D
Adjacent Lands
Natural Heritage Feature
Adjacent Lands
(Metres)
Significant wetlands and significant coastal wetlands
120
Significant woodlands
120
Significant wildlife habitat
120
Significant and Regional Areas of Natural and Scientific
Interest - Earth Science
50
Significant and Regional Areas of Natural and Scientific
Interest - Life Science
120
Significant Valleylands
120
Fish Habitat
120
Non-Significant wetlands
120
b)
No development or site alteration shall be permitted on these
adjacent lands unless the ecological function of the adjacent lands
has been evaluated and it has been demonstrated, through an
Environmental Impact Study (EIS), that there will be no negative
impact on the natural features or their ecological functions.
c)
The approval authority may scope the requirements of an EIS within the
adjacent lands set out in Table D if, in the opinion of the approval
authority, the proposed development or site alteration is minor and is
not anticipated to have a negative impact on the natural heritage
feature or its ecological functions.
D1.12.3
Environmental Impact Studies
Where the policies of this Plan require that an Environmental Impact Study
('EIS') be prepared, such an EIS shall be prepared in accordance with the
requirements of this section, the policies of the local Official Plan and the
mapping of natural heritage features in this Plan and the local Official Plans.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
32
D1.12.3.1 Purpose of an Environmental Impact Study
The purpose of an EIS is to:
a)
Collect and evaluate the appropriate information in order to have a
complete understanding of the boundaries, attributes and functions of
natural heritage features and associated ecological and hydrological
functions that exist;
b)
Determine whether there are any additional natural heritage features on
the lands and adjacent lands; and,
c)
Make an informed decision as to whether or not the proposed
development and/or site alteration will have a negative impact on
the natural heritage features and their ecological functions.
D1.12.3.2 Requirement for Approval
Before development and site alteration is approved in the area subject to
the EIS, the EIS shall demonstrate that the relevant policies of this Plan and
the local Official Plan are met. The EIS should also demonstrate that
proposed development and site alteration will not have a negative impact
on significant natural heritage features and related ecological functions.
D1.12.3.3 Establishment of EIS Requirements
The County in consultation with the local municipalities will consider the
establishment of consistent EIS requirements when a natural heritage
system is established in accordance with Section D1.9 of this Plan.
D1.13
AGRICULTURAL USES
Nothing in this Plan is intended to limit the ability of agricultural uses to
continue in and adjacent to natural heritage features and areas.
D1.14
WATERCOURSES AND SURFACE WATER FEATURES
a)
It is the intent of this Plan to recognize the importance of the ecological
function of all watercourses and surface water features, and their
associated floodplains, valleys and stream corridors, which can serve
as key components and linkages in the County's natural heritage
system. Watercourses and surface water features are generally
shown on the schedules to this Plan.
b)
The County encourages the regeneration of natural areas near
watercourses and surface water features and the protection of
headwater areas for maintaining natural hydrological processes within
a watershed.
c)
For new lot creation, development, including the septic system tile bed,
must be set back a minimum of 30 metres from the high water mark of
the lake or watercourse with non-disturbance of the native soils and
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
33
very limited removal of shoreline vegetation.
d)
For existing lots of record, new development should be set back 30
metres if possible, otherwise as far back as the lot permits with non-
disturbance of the native soils and very limited removal of the shoreline
vegetation.
e)
Large
development
proposals
(ie:
greater
than
5
lots,
resort/condominium development, or plans of subdivision) adjacent to
surface water features are to be supported with a Site Evaluation Report
in consultation with the Ministry of the Environment and Climate
Change. This is to ensure water quality protection. The study should
take into consideration the existing water quality of the water body,
surface water run-off, impact and loadings of phosphorous from septic
systems, types of soils, stormwater management and vegetation.
D2
WATER RESOURCES
D2.1
REQUIREMENTS FOR PLANNING AUTHORITIES
All planning authorities within the County shall protect, improve or restore the
quality and quantity of water by:
a)
Using the watershed as the ecologically meaningful scale for
integrated and long-term planning, which can be a foundation for
considering cumulative impacts of development;
b)
Minimizing potential negative impacts, including cross-jurisdictional
and cross-watershed impacts;
c)
Identifying water resource systems consisting of ground water
features, hydrologic functions, natural heritage features and
areas, and surface water features including shoreline areas, which
are necessary for the ecological and hydrological integrity of the
watershed;
d)
Maintaining linkages and related functions among ground water
features, hydrologic functions, natural heritage features and
areas, and surface water features including shoreline areas;
e)
Implementing necessary restrictions on development and site
alteration to:
i) Protect all municipal drinking water supplies and designated
vulnerable areas; and,
ii) Protect, improve or restore vulnerable surface and ground water,
sensitive surface water features and sensitive ground water
features, and their hydrologic functions;
f)
Planning for efficient and sustainable use of water resources, through
practices for water conservation and sustaining water quality;
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
34
g)
Ensuring consideration of environmental lake capacity, where
applicable; and,
h)
Ensuring stormwater management practices minimize stormwater
volumes and contaminant loads, and maintain or increase the extent of
vegetative and pervious surfaces.
D2.2
RESTRICTION ON DEVELOPMENT AND SITE ALTERATION
a)
Development and site alteration shall be restricted in or near
sensitive surface water features and sensitive ground water
features such that these features and their related hydrologic
functions will be protected, improved or restored.
b)
Mitigative measures and/or alternative development approaches may
be required in order to protect, improve or restore sensitive surface
water features, sensitive ground water features, and their
hydrologic functions.
c)
Local municipalities are encouraged to identify sensitive surface
water features and sensitive ground water features in their Official
Plans.
D2.3
SOURCE PROTECTION PLANS
D2.3.1
Overview
a)
Within the County of Lennox & Addington three Source Protection Plans
have been prepared in compliance with the Clean Water Act, 2006.
These plans are the Mississippi - Rideau Source Protection Plan, the
Cataraqui Source Protection Plan and the Quinte Region Source
Protection Plan and they are in effect.
b)
The Source Protection Plans and associated technical studies
(Assessment Report) look at the existing and future sources of
municipal drinking water, identify the potential threats to these sources
and include policies for actions and programs to reduce, manage or
eliminate these threats.
c)
Once a Source Protection Plan and Assessment Report are approved
and in effect, as amended from time to time, all municipal decisions
made under the Planning Act shall conform to the significant threat
policies and have regard for other policies. The policies apply to
designated vulnerable areas identified in the technical studies
(Assessment Report) for the Source Protection Plan, including
"Wellhead Protection Areas" (WHPA), and "Intake Protection Zones"
(IPZs). Mapping of each of these areas will be shown in local Official
Plans.
d)
Within designated vulnerable areas identified in an approved Source
Protection Plan any use or activity that is, or would be, a significant
drinking water threat is required to conform to all applicable Source
Protection Plan policies and, as such, may be prohibited, regulated or
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
35
otherwise restricted by those Source Protection Plan policies.
e)
Where required by policies in an approved Source Protection Plan, the
lower tier municipalities shall circulate all development applications or
proposed land use changes to the Risk Management Official (RMO) for
applications within a designated vulnerable area.
D2.3.2
Wellhead Protection Areas and Intake Protection Zones
Designated vulnerable areas must be shown on the schedules to local
Official Plans and shall be protected and managed in a manner which
ensures the sustained quality and quantity of the municipal drinking water
source and shall be subject to the following specific policies:
a)
Notwithstanding the land uses and activities permitted by the underlying
land use designations, shown on the Schedules to this Plan, land use
activities that have been identified by a Source Protection Plan as being
prohibited within designated vulnerable areas shall not be permitted.
b)
In order to implement Section D2.3.2 a), local Official Plans shall
contain policies that identify the land uses and activities that are
impacted by a Source Protection Plan and which may be prohibited in
designated vulnerable areas.
c)
Notwithstanding the uses permitted by the underlying land use
designations shown on the Schedules to this Plan, uses/activities may
only be permitted within the designated vulnerable areas if the
applicant demonstrates to the satisfaction of the local municipality that
the proposed use/activity is in conformity with the policies contained
within the relevant Source Protection Plans.
d)
Legally existing uses that are located within a designated vulnerable
areas, but which are regulated by the provisions of a Source Protection
Plan policy and/or are incompatible with the provisions of this section of
the Official Plan may be permitted to expand subject to the policies of
this Official Plan and the relevant Source Protection Plan. Such uses
shall be required to undertake measures that would protect municipal
drinking water sources in the designated vulnerable areas.
Notwithstanding the above, there may be uses that are not permitted to
expand according to the relevant Source Protection Plan and these
uses will be specifically identified as appropriate in the local Official
Plans.
e)
Within a designated vulnerable areas where threats to drinking water
could be significant, an application made under the provisions of the
Planning Act will not be considered unless the Risk Management
Official issues a notice to the person as per sub section 59(2) of the
Clean Water Act S.O. 2006.
f)
Nothing in this plan limits the lower tier municipality in being more
restrictive in the protection of municipal drinking water sources and
designated vulnerable areas.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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D2.4
STORMWATER MANAGEMENT
a)
Planning for stormwater management shall:
i) Minimize, or, where possible, prevent increases in contaminant
loads;
ii) Minimize changes in water balance and erosion;
iii) Not increase risks to human health and safety and property
damage;
iv) Maximize the extent and function of vegetative and pervious
surfaces; and,
v) Promote stormwater management best practices, including
stormwater attenuation and re-use, and low impact development.
D2.5
LAKE TROUT LAKES
a)
The County of Lennox and Addington has eighteen sensitive cold water
lake trout lakes classified by the Ministry of Natural Resources and
Forestry (MNRF) within its geography. Fifteen of these lakes have been
classified by the Ministry of Environment and Climate Change as "at
capacity" for development and three are classified as "not at capacity"
for development. At the time of approval of this plan, the following lakes
are deemed to be at capacity: Ashby (Thirty Island) Lake, Ashden
(Ashby White), Barnard (Clear), Buckshot (Indian), Crystal, Effingham,
Fox, Grimsthorpe (Long), Joeperry (Wolf), Long Mallory, Loyst, Otter
(Cotter), Rainy, Simpson, and Weslemkoon. The following lake trout
lakes are deemed to be not at capacity at the time of approval of this
Plan: Barker (Bark), Mazinaw, and Trout.
b)
Local municipalities shall include policies within their Official Plans that
deal with development adjacent to these lakes and with development
on existing lots of record. These policies shall take into account
Provincial guidelines (including but not limited to the Ministry of the
Environment and Climate Change's Lakeshore Capacity Assessment
Handbook) aimed at protecting the water quality of these lakes.
D3
CULTURAL HERITAGE RESOURCES
D3.1
OBJECTIVES FOR CULTURAL HERITAGE RESOURCES
It is the objective of this Plan that the County and local municipalities
participate in the conservation of cultural heritage resources by:
a)
Conserving heritage buildings, cultural heritage landscapes and
archaeological resources that are under municipal ownership and/or
stewardship;
b)
Conserving and mitigating impacts to all significant cultural heritage
resources, when undertaking public works;
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
37
c)
Respecting the cultural heritage resources recognized or designated by
federal and provincial agencies; and,
d)
Identifying, protecting and conserving cultural heritage resources
through listing, designation, and other heritage conservation efforts.
D3.2
TYPES OF CULTURAL HERITAGE RESOURCES
The cultural heritage resources of the County generally include:
a)
Built heritage resources;
b)
Cultural heritage landscapes;
c)
Archaeological resources; and,
d)
Marine archaeological resources.
D3.3
SIGNIFICANT BUILT HERITAGE RESOURCES AND CULTURAL
HERITAGE LANDSCAPES
a)
Significant built heritage resources and significant cultural
heritage landscapes shall be conserved.
b)
Planning authorities shall not permit development and site alteration
on adjacent lands to protected heritage property except where the
proposed development and site alteration has been evaluated and it
has been demonstrated that the heritage attributes of the protected
heritage property will be conserved.
c)
Local Official Plans shall contain policies on the designation of
properties under the Ontario Heritage Act, the establishment of
Heritage Conservation Districts and the need for Heritage Impact
Assessments, as required.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
38
D3.4
ARCHAEOLOGICAL RESOURCES
a)
Development and site alteration shall not be permitted on lands
containing archaeological resources or areas of archaeological
potential unless significant archaeological resources have been
conserved.
b)
The County and/or local municipalities shall require archaeological
assessments and the conservation or excavation of significant
archaeological
resources
in
accordance
with
Provincial
requirements. Archaeological assessment reports by licensed
archaeologists are to be in compliance with guidelines set out by the
Ministry of Tourism, Culture, and Sport, as well as licensing
requirements referenced under the Ontario Heritage Act.
c)
The appropriate First Nations shall be provided notification with regard
to the identification of burial sites and significant archaeological
resources relating to the activities of their ancestors.
d)
The County may consider, in partnership with First Nations, local
municipalities and other stakeholders a County Archaeological
Resources Management Plan which considers:
i) The
locations
of
significant
or
potentially
significant
archaeological resources, cultural heritage sites, ceremonial sites
and sacred sites; and,
ii) Protocols for the protection and management of significant or
potentially significant archaeological resources, cultural heritage
sites, ceremonial sites and sacred sites.
e)
Prior to approval of development or site alteration on lands containing
significant or potentially significant archaeological resources, a
plan for the protection and/or management of these resources will be
developed, in cooperation with the local municipality and the County in
accordance with Provincial legislation and guidelines. If the
archaeological resources pertain to First Nations heritage, the
protection and/or management plan will be developed in consultation
with the appropriate First Nations community.
D3.5
MARINE ARCHAEOLOGICAL RESOURCES
a)
The County recognizes that, within its boundaries, there may be marine
archaeological resources from the pre-historic period through the
modern era up to the last 50 years.
b)
The approval authority shall, prior to approving a development
proposal where there is high archaeological potential for marine
archaeological resources, require a marine archaeological survey to
be conducted by a licensed marine archaeologist to the satisfaction of
the approval authority and Ministry of Tourism, Culture and Sport,
pursuant to the Ontario Heritage Act.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
39
c)
Any marine archaeological resource that is identified must be
reported to the Ministry of Tourism, Culture and Sport immediately. The
Ministry shall determine whether the resource shall be left in situ or may
be removed, through excavation, by licensed marine archaeologists
under the direction of the Ministry of Tourism, Culture and Sports.
d)
In considering applications for waterfront development, the approval
authority shall ensure that cultural heritage resources both on shore and
in the water are not adversely affected. When necessary, the approval
authority will require satisfactory measures to mitigate any negative
impacts on significant cultural heritage resources.
D3.6
MUNICIPAL PUBLIC WORKS
a)
The County shall make every effort to conserve and protect known
cultural heritage resources and areas of archaeological potential
when undertaking County public works, such as roads, bridges and
other infrastructure projects, carried out under the Municipal Class
Environmental Assessment (EA) process.
b)
The County encourages utility companies to place equipment and
devices in locations that do not detract from the visual character of
cultural heritage resources and do not have a negative impact on the
architectural integrity of those resources.
D3.7
ACCESSIBILITY AND HERITAGE CONSERVATION
In attaining its goal for establishing a barrier-free environment to County
owned property, the County shall endeavor to provide access solutions in a
manner that respects the cultural heritage value or interest of a protected
heritage property. The County recognizes that standardized designs may
not always suffice and that each protected heritage property will require
unique accessibility plans to ensure that alterations do not adversely affect
the heritage attributes.
D4
MINERALS AND PETROLEUM RESOURCES
D4.1
LOCATION
a)
Known significant areas of mineral potential (gold, silver, lead, zinc,
mica, copper and garnet) are shown on Schedule C to this Plan.
b)
Petroleum resources have not been identified in the County.
However, the non-identification of these areas does not imply that such
areas do not exist.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
40
D4.2
PROTECTION OF LONG-TERM RESOURCE SUPPLY
a)
Mineral mining operations and petroleum resource operations
shall be protected from development and activities that would preclude
or hinder their expansion or continued use or which would be
incompatible for reasons of public health, public safety or environmental
impact.
b)
Known mineral deposits, known petroleum resources and
significant areas of mineral potential shall be identified and
development and activities in these resources or on adjacent lands
which would preclude or hinder the establishment of new operations or
access to the resources shall only be permitted if:
i) Resource use would not be feasible; or
ii) The proposed land use or development serves a greater long-term
public interest; and,
iii) Issues of public health, public safety and environmental impact are
addressed.
D4.3
REHABILITATION
Rehabilitation to accommodate subsequent land uses shall be required after
extraction and other related activities have ceased. Progressive rehabilitation
should be undertaken wherever feasible.
D5
MINERAL AGGREGATE RESOURCES
D5.1
OBJECTIVES
It is the objective of this Plan to:
a)
Ensure that as much of the mineral aggregate resources as is
realistically possible is made available as close to market as possible;
b)
Recognize existing mineral aggregate operations and protect them
from activities that would preclude or hinder their continued use or
expansion;
c)
Protect known deposits of mineral aggregate resources for potential
future extraction;
d)
Ensure that extraction is carried out in a manner that minimizes social,
economic and environmental impacts;
e)
Encourage mineral aggregate resource conservation, including
through the use of accessory aggregate recycling facilities within
operations, wherever feasible; and,
f)
Ensure that final and progressive rehabilitation occurs to accommodate
subsequent land uses, to promote land use compatibility, to recognize
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
41
the interim nature of extraction, and to mitigate negative impacts to the
extent possible.
D5.2
LOCATION
a)
Known deposits of mineral aggregate resources are shown on
Schedule C of this Plan as selected sand and gravel resource areas of
primary and secondary significance and selected bedrock area. The
boundaries of these areas are considered to be approximate. The
identification of these deposits on Schedule C does not imply support
by the County for any license application under the Aggregate
Resources Act in these areas or for any application to establish mineral
aggregate operation through a local Planning Act process.
b)
There is potential for deposits of mineral aggregate resources to
exist outside of the areas mapped on Schedule C.
c)
New mineral aggregate resource operations and changes to existing
boundaries will be updated at the time of review of the County Official
Plan under the Planning Act so that it may be accurately identified on
Schedule C.
d)
Licensed mineral aggregate operations are shown on Schedule C of
this Plan. These licensed mineral aggregate operations have been
identified for information purposes. The development of a new
mineral aggregate operation or the expansion of an existing mineral
aggregate operation is subject to the policies of the local Official Plans
and does not require an Amendment to this Plan.
D5.3
DEMONSTRATION OF NEED FOR MINERAL AGGREGATE
RESOURCES
Demonstration of need for mineral aggregate resources, including any type
of supply/demand analysis, shall not be required, notwithstanding the
availability, designation or licensing for extraction of mineral aggregate
resources locally or elsewhere.
D5.4
PROTECTION OF LONG TERM RESOURCE SUPPLY - MINERAL
AGGREGATE OPERATIONS
a)
Mineral aggregate operations shall be protected from development
and activities that would preclude or hinder their expansion or continued
use or which would be incompatible for reasons of public health, public
safety or environmental impact.
b)
Existing mineral aggregate operations shall be permitted to continue
without the need for official plan amendment, rezoning or development
permit under the Planning Act. When a license for extraction or
operation ceases to exist, Section D5.5.1 continues to apply.
c)
When development is proposed within 300 metres of pit and 500
metres from a quarry, the approval authority shall require a land use
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
42
compatibility assessment to determine conformity with this section of
the Plan.
D5.5
PROTECTION OF LONG TERM RESOURCE SUPPLY - DEPOSITS
OF MINERAL AGGREGATE RESOURCES
D5.5.1
Development in Mineral Aggregate Resource Areas
In known deposits of mineral aggregate resources and on adjacent
lands, development and activities which would preclude or hinder the
establishment of new operations or access to the resources shall only be
permitted if:
a)
Resource use would not be feasible; or
b)
The proposed land use or development serves a greater long-term
public interest; and,
c)
Issues of public health, public safety and environmental impact are
addressed.
For the purposes of Section D5.5 of this Plan, adjacent lands are lands that
are 300 metres from identified sand and gravel resources or operations, and
500 metres from identified bedrock resources or operations.
D5.5.2
Exemption #1 to Section D5.5.1 - Clusters of Development in
Agricultural Area and Rural Area Designations
a)
Any form of development within clusters of non-farm development
outside of settlement areas is exempted from Section D5.5.1 of this
Plan, with the determination of where such clusters are located to be
made by the local municipalities.
b)
Factors to consider in making a determination on whether a cluster
exists are below:
i) For such a cluster to be a cluster, the residential and other non-
agricultural uses in the cluster should be predominately located on
smaller lots that do not exceed 1.0 to 2.5 hectares in size.
ii) If one or more uses inside the cluster were located on lots that have
a considerable depth, only a front portion of the lots would be netted
out.
iii) Vacant and potentially developable land within the cluster would be
included in the cluster provided the residential and other non-
agricultural uses located on the same side of the road are located
close enough together.
iv) In no case can lands that have the effect of extending a cluster in a
linear manner be included within the cluster for the purposes of this
policy.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
43
D5.5.3
Exemption #2
to
Section
D5.5.1
-
Agricultural
Related
Development
The development and/or expansion of an agricultural use, an agricultural
related use and an on-farm diversified use is exempted from Section
D5.5.1 of this Plan, regardless of whether a Planning Act approval is
required.
D5.5.4
Exemption #3 to Section D5.5.1 - Types of Planning Act
Applications
The following applications are exempted:
a)
The creation of a new farm lot;
b)
The creation of a new lot for an agricultural-related use;
c)
The creation of a lot to accommodate an existing habitable farm
dwelling that has become surplus to a farming operation;
d)
The adjustment of a lot line for legal or technical reasons;
e)
The re-zoning of land for the development or expansion of a
commercial, industrial or recreational use in the Agricultural Area and
Rural Area designations provided an amendment to the local Official
Plan is not required and provided the use does not include the
establishment of sensitive receptors;
f)
The expansion of a legal non-conforming use, provided such an
expansion meets all of the other tests in the local Official Plan; and,
g)
Any application for minor variance, regardless of location.
D5.5.5
Requirements for a Section D5.5.1 Assessment
a)
Schedule C identifies deposits of mineral aggregate resources
throughout the County. However, the identification of these deposits on
Schedule C does not necessarily mean that all areas identified are
appropriate for the development of mineral aggregate operations,
because of natural heritage, land use compatibility, transportation
and/or hydrogeological constraints nor does it imply that the quality of
the mineral aggregate resource at any given location is also suitable.
b)
In cases where a proposed development is not exempt from Section
D5.5.1 of this Plan in accordance with Sections D5.5.2, D5.5.3 and
D5.5.4, the following factors shall be considered by the approval
authority in determining whether an assessment is required in support
of an application for development on lands that have been identified
as deposits of mineral aggregate resources and adjacent lands on
Schedule C:
i) The nature and location of other non-aggregate resource uses in
the area and their potential impact on the feasibility of establishing
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
44
a mineral aggregate operation on the subject lands and adjacent
lands;
ii) The nature and location of the potential land uses in the area based
on the land use policies in the local Official Plan and zoning bylaw
particularly if the land uses have yet to be established;
iii) The nature of the road network in the area and its ability to
potentially accommodate mineral aggregate operations in the
future;
iv) The configuration of the parcels of land in the area and whether the
parcels are large enough and of a shape that would support mineral
aggregate operations;
v) The depth of the overburden on the subject lands and on adjacent
lands and whether the depth precludes the economical extraction
of the mineral aggregate resource;
vi) The nature and potential impact of natural heritage features and
areas in the immediate area on the potential for mineral aggregate
operations in the area in the future;
vii) The nature and location of any sensitive surface water and ground
water features in the area and its impact on mineral aggregate
operations;
viii) The quality of the mineral aggregate resource on the subject lands
and in the immediate area; and,
ix) The presence of significant built heritage resources, protected
heritage properties, significant cultural heritage landscapes
and significant archaeological resources on the subject lands or
in the immediate area.
c)
Where an assessment is determined to be required, proponents shall
submit a mineral aggregate resources study completed by a qualified
professional to demonstrate that the criteria of section D5.5.1 have
been met. The approval authority may look to the Ministry of Natural
Resources and Forestry to provide information and recommendations
with respect to proposals affecting deposits of mineral aggregate
resources. Aggregate resource testing and statements from local
industry representatives may be recommended to better assess the
viability of the resource.
D5.6
APPLICATION REQUIREMENTS
Any application for Amendment to the local Official Plan and/or the zoning
by-law to establish or expand a mineral aggregate operation shall be
supported by studies that are based on predictable, measurable, objective
effects on people and the environment. Such studies will be based on
Provincial standards, regulations and guidelines, where they exist and will
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
45
consider and identify methods of addressing the anticipated impacts in the
area affected by the mineral aggregate operation. All applications shall be
supported by information that address:
a)
The impact of the operation of the mineral aggregate operation on:
i)
The natural heritage features and areas and ecological
functions on the site and within 120 metres;
ii)
Nearby communities, residences and businesses;
iii)
Agricultural resources and activities;
iv)
The quality and quantity of groundwater and surface water;
v)
The significant built heritage resources, protected heritage
properties, significant cultural heritage landscapes and
significant archaeological resources on the site and in the area;
vi)
The groundwater recharge and discharge functions on the site and
within 500 metres;
vii) Surface water features in the area; and,
viii) Nearby wells used for drinking water purposes.
b)
The effect of the additional truck traffic on the ability of an existing haul
route to function as a safe and efficient haul route considering among
other matters the following:
i)
The types of operations proposed;
ii)
Current road standards and an assessment of the proposed haul
route relative to those standards;
iii)
Anticipated type of truck traffic; and
iv)
Increases in background traffic levels together with current levels
of truck traffic and other traffic;
c)
The suitability of any new haul route. It is a policy of this Plan to
encourage the establishment of new mineral aggregate operations
on established haul routes. If a new haul route is proposed, it shall only
be approved if it has been demonstrated that:
i)
The new haul route is, or can be made, safe and capable of
handling the volume of traffic proposed;
ii)
The selection and design of the proposed haul route has taken into
consideration and addressed impacts on existing and permitted
sensitive land uses along the proposed haul route;
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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iii)
The design of the new haul route has taken into consideration the
existing road right-of-way characteristics including existing trees
and vegetation within the road right-of-way, wood, wire, stump and
stone fence lines within or adjacent to the right-of-way or other
historical landscape remnants and where practical has identified
means by which such features will be retained in order to minimize
the impacts on the character of the area;
iv)
The design of the new haul route has taken into consideration the
physical characteristics of the potential route including road
classification, load limits, road surfacing and the identification of
any physical constraints to heavy truck traffic, such as vertical or
horizontal curves, sight lines or shoulders and the means to
address any deficiencies; and,
v)
The design of the haul route has taken into consideration the traffic
impacts (both operational and physical) resulting from the truck
traffic generated by the proposed operation, including impacts on
road structure, traffic flow and safety and the mitigation measures
that will be employed to address these impacts.
d)
The impact of the noise, odour, dust and vibration generated by the
proposed use on adjacent land uses;
e)
How the impacts from the proposed mineral aggregate operation on
adjacent uses will be mitigated in order to lessen those impacts; and,
f)
How the site will be progressively rehabilitated to accommodate
subsequent land uses after the extraction is completed.
D5.7
WAYSIDE PITS AND QUARRIES
Wayside pits and quarries, portable asphalt plants and portable
concrete plants used on public authority contracts shall be permitted,
without the need for an Official Plan Amendment, zoning or development
permit under the Planning Act in all areas, except those areas of existing
development or particular environmental sensitivity which have been
determined to be incompatible with extraction and associated activities.
D5.8
MINERAL AGGREGATE OPERATIONS IN PRIME
AGRICULTURAL AREAS
In prime agricultural areas, on prime agricultural land, extraction of
mineral aggregate resources is permitted as an interim use provided that
the site will be rehabilitated back to an agricultural condition. Complete
rehabilitation to an agricultural condition is not required if:
a)
Outside of a specialty crop area, there is a substantial quantity of
mineral aggregate resources below the water table warranting
extraction, or the depth of planned extraction in a quarry makes
restoration of pre-extraction agricultural capability unfeasible;
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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b)
In a specialty crop area, there is a substantial quantity of high quality
mineral aggregate resources below the water table warranting
extraction, and the depth of planned extraction makes restoration of
pre-extraction agricultural capability unfeasible;
c)
Other alternatives have been considered by the applicant and found
unsuitable. The consideration of other alternatives shall include
resources in areas of Canada Land Inventory Class 4 through 7 lands,
resources on lands identified as designated growth areas, and
resources on prime agricultural lands where rehabilitation is feasible.
Where no other alternatives are found, prime agricultural lands shall
be protected in this order of priority: specialty crop areas, Canada
Land Inventory Class 1, 2 and 3 lands; and,
d)
Agricultural rehabilitation in remaining areas is maximized.
D6
NATURAL HAZARDS
D6.1
WHERE DEVELOPMENT SHALL GENERALLY BE DIRECTED
Development shall generally be directed to areas outside of:
a)
Hazardous lands adjacent to the shorelines of Lake Ontario which are
impacted by flooding hazards, erosion hazards and/or dynamic
beach hazards;
b)
Hazardous lands adjacent to river, stream and small inland lake
systems which are impacted by flooding hazards and/or erosion
hazards; and,
c)
Hazardous sites.
D6.2
DESCRIPTION OF HAZARDOUS LANDS
a)
Hazardous lands are lands that could be unsafe for development due
to naturally occurring processes. Along the shoreline of Lake Ontario,
this means the land, including that covered by water and the furthest
landward limit of the flooding hazard, erosion hazard or dynamic
beach hazard limits.
b)
Along river, stream and small inland lake systems, this means the
land, including that covered by water, to the furthest landward limit of
the flooding hazard or erosion hazard limits.
D6.2
DESCRIPTION OF HAZARDOUS SITES
A hazardous site is property or lands that could be unsafe for development
and site alteration due to naturally occurring hazards. These may include
unstable soils (sensitive marine clays [leda], organic soils) or unstable
bedrock (karst topography).
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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D6.3
DEVELOPMENT AND SITE ALTERATION
Development and site alteration shall not be permitted within:
a)
The dynamic beach hazard;
b)
Areas that would be rendered inaccessible to people and vehicles
during times of flooding hazards, erosion hazards and/or dynamic
beach hazards, unless it has been demonstrated that the site has safe
access appropriate for the nature of the development and the natural
hazard; and,
c)
A floodway regardless of whether the area of inundation contains high
points of land not subject to flooding.
D6.4
EXCEPTION TO SECTION D6.3
Notwithstanding Section D6.3 of this Plan, development and site alteration
may be permitted in certain areas associated with the flooding hazard along
river, stream and small inland lake systems:
a)
In those exceptional situations where a Special Policy Area has been
approved. The designation of a Special Policy Area, and any change
or modification to the official plan policies, land use designations or
boundaries applying to Special Policy Area lands, must be approved
by the Ministers of Municipal Affairs and Housing and Natural
Resources and Forestry prior to the approval authority approving such
changes or modifications; or,
b)
Where the development is limited to uses which by their nature must
locate within the floodway, including flood and/or erosion control works
or minor additions or passive non-structural uses which do not affect
flood flows.
D6.5
USE PROHIBITIONS
Development shall not be permitted to locate in hazardous lands and
hazardous sites where the use is:
a)
An institutional use including hospitals, long-term care homes,
retirement homes, pre-schools, school nurseries, day cares and
schools;
b)
An essential emergency service such as that provided by fire, police
and ambulance stations and electrical substations; or
c)
Uses associated with the disposal, manufacture, treatment or storage
of hazardous substances.
D6.6
SPECIAL POLICY ON KARST TOPOGRAPHY
a)
Karst topography generally forms on limestone and dolostone plains
and is marked by sink or karst holes, interspersed with abrupt ridges
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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and irregular protuberant bedrock that is commonly underlain by
caverns and solution-enhanced joints and bedding plans that influence
the flow of surface and ground waters.
b)
Due to the nature of its formation, karst terrains are ephemeral and are
controlled by past and present climatic and local weather conditions.
Due to its geological nature, karst topography presents a potential
hazard to human safety that must be mitigated through development
controls and approvals.
c)
Areas shown on the Schedule C to this Plan as being karst topography
are considered to be potential development constraint areas. It is
recognized that the mapping is approximate and identifies areas of
potential environmental constraint to development that must be
addressed prior to development occurring.
d)
Development should generally be directed to areas outside of karst
topography unless the effects and risk to public safety are minor so as
to be managed or mitigated.
e)
In areas suspected to have karst topography, an assessment of the
presence of karst topography and the measures required to mitigate
against any potential hazard may be required when development is
proposed.
f)
The applicable Conservation Authority should be consulted to
determine whether a geotechnical and/or hydrogeological assessment
are required.
D6.7
WILDLAND FIRES
a)
Development shall generally be directed to areas outside of lands that
are unsafe for development due to the presence of hazardous forest
types for wildland fire.
b)
Development may be permitted in lands with hazardous forests types
for wildland fire where the risk is mitigated in accordance with wildland
fire assessment and mitigation standards.
D6.8
LOCAL OFFICIAL PLANS
Local Official Plans shall contain policies on:
a)
Hazardous lands;
b)
Flooding hazards;
c)
Erosion hazards;
d)
Dynamic beach hazards; and
e)
Hazardous sites, including unstable soils or unstable bedrock.
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dated February 13, 2018
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These hazards have not been depicted on Schedule C to this Official Plan
due to their scale. The County shall work in collaboration with lower tier
municipalities and relevant authorities (including Provincial ministries as
necessary) to ensure that these features, as well as any other hazard lands
and hazardous sites, are appropriately identified in local Official Plans.
D7
HUMAN-MADE HAZARDS
D7.1
NEW DEVELOPMENT ON LANDS AFFECTED BY MINE
HAZARDS; OIL, GAS AND SALT HAZARDS; OR FORMER
MINERAL MINING OPERATIONS, MINERAL AGGREGATE
OPERATIONS OR PETROLEUM RESOURCE OPERATIONS
Development on, abutting or adjacent to lands affected by mine hazards;
oil, gas and salt hazards; or former mineral mining operations, mineral
aggregate operations or petroleum resource operations may be
permitted only if rehabilitation or other measures to address and mitigate
known or suspected hazards are under way or have been completed.
The County shall consult with the Ministry of Northern Development and
Mines for development applications within one kilometre of former mineral
mining operations, and with the Ministry of Natural Resources and Forestry
for development applications within 75 metres of any identified former
petroleum resource operations, including abandoned wells. The County
shall utilize information made available by the Province and other sources to
determine if human-made hazards are present on or adjacent to
development applications. As new information becomes available, updated
mapping provided by the Ministry of Northern Development and Mines and/or
from the Ministry of Natural Resources and Forestry will be relied upon to
assist in determining the locations of human-made hazards.
D7.2
CONTAMINANTS IN LAND OR WATER
Sites with contaminants in land or water shall be assessed and remediated
as necessary prior to any activity on the site associated with the proposed
use such that there will be no adverse effects.
D7.3
DEVELOPMENT ADJACENT TO EXISTING AND CLOSED
LANDFILL SITES
a)
Existing landfill sites are shown on Schedule C to this Plan. The
County, local municipalities, and relevant stakeholders (including
Provincial ministries as necessary) shall work collaboratively in
identifying an inventory of closed landfill sites for the purposes of
implementing this policy.
b)
The development of new uses or new or enlarged buildings or
structures within 500 metres to existing and known closed landfill sites
may be permitted, provided an assessment is completed to determine:
i) Whether the proposed use will be adversely affected by noise,
odour, dust or other nuisance factors from the adjacent land use;
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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and,
ii) Whether the proposed use will be adversely affected by ground and
surface water contamination.
c)
The assessment required in sub-section b) is intended to address these
matters and other items outlined in the Province's Guideline D-4, April
1994, or its successor as required to ensure that the proposed land
uses are compatible in nature and do not adversely impact upon each
other.
d)
No use shall be made of land or land covered by water which has been
used for the disposal of waste within a period of twenty-five years from
the year which such land ceased to be used for such purposes unless
the approval of the Ministry of the Environment and Climate Change
has been granted.
D7.4
CONTAMINATED LANDS (BROWNFIELDS)
The development or redevelopment of potentially contaminated sites shall
be assessed and remediated in a manner consistent with the Environmental
Protection Act and relevant regulations, and the relevant Ministry of
Environment and Climate Change guidelines and procedures.
D8
LANDS OWNED BY THE PROVINCIAL AND FEDERAL
GOVERNMENTS
This Plan does not apply to land owned by the Federal or Provincial
governments. Areas of Crown Land are shown on Schedule C for
information purposes.
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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D9
DARK SKY VIEWING AREA
D9.1
PURPOSE AND SCOPE
A dark sky viewing area is shown on Schedule C. Rural sites are becoming
increasingly more contaminated by sky glow from artificial lighting, affecting
the quality of our night sky and the natural ecological systems in the area.
The Township of Stone Mills is home to the most southerly Dark Sky Viewing
Area in Southern Ontario, providing viewers the opportunity to witness the
night sky in pristine darkness. In order to preserve the Dark Sky Viewing
Area and rural character of the area, action is required to preserve the quality
of the night sky and the policies of this section are to be considered when
development is proposed in the vicinity of the dark sky viewing area shown
on Schedule C.
D9.2
POLICIES
a)
These policies apply to all new development and redevelopment
projects, including residential, commercial, industrial, and institutional
uses.
b)
Full cut-off fixtures shall be required for all new developments in order
to minimize light spillage into the surrounding environs, while
maintaining safety.
c)
Major development shall require a detailed lighting plan that includes
the particulars of the exterior light fixtures proposed to be used at the
site.
d)
The target light levels at the development property's boundaries shall
be 0.0 foot-candles.
e)
Any new development within four (4) kilometres of the Lennox &
Addington Dark Sky Viewing Area must provide a detailed lighting plan;
Existing light fixtures shall be properly shielded to prevent glare and to
direct light downwards within five (5) years from the date of adoption of
this provision.
f)
These policies shall be implemented through the subdivision and site
plan approval process.
g)
The County and the Township of Stone Mills will apply these same
requirements to the replacement of all existing street and intersection
lights as such are scheduled for replacement or as existing lighting
requires replacement arising from damage or disrepair.
h)
The County and the Township of Stone Mills will also encourage
residents and business owners when installing lights on private lands
to purchase lights or to install such reflectors or shades that uphold the
concept of dark skies by limiting light pollution and impacts to natural
systems.
i)
The Council of the Township of Stone Mills is encouraged to pass a
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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bylaw to restrict light pollution or include regulatory provisions in the
zoning bylaw to implement this Plan.
D10
FORESTRY
D10.1
IMPORTANCE OF FORESTRY
Although there is no forestry designation on the schedules to this Official
Plan, forestry is essential to the economic, environmental and aesthetic
qualities of the northern part of the County. In addition, the County also owns
forested areas. Forests provide opportunities for erosion control, water
retention, wildlife habitats, fibre production, fuel, furniture and recreation
uses throughout the County. It is the intent of this Plan to encourage forestry
as a use of land in any land use designation.
D10.2
POLICIES
a)
The County encourages the Ministry of Natural Resources and Forestry
and the Conservation Authorities to develop and promote reforestation
programs to ensure the continued long term production of wood fibre,
while achieving environmental goals such as erosion control, land
reclamation, and water recharge.
b)
Landowners are encouraged to recognize the importance and value of
forest resources as a source of wood and non-wood products as well
as for their wildlife, recreation, aesthetic, environmental and soil and
water conservation capabilities. In this regard, landowners are
encouraged to:
i)
Manage forest resources in accordance with proper forest
management practices in consultation with the Ministry of Natural
Resources and/or the Conservation Authorities as appropriate;
ii)
Retain existing tree cover as is deemed practical;
iii)
Maintain and establish tree and shrub cover as appropriate, on low
agricultural capability soils and in hazardous areas such as steep
slopes, major drainage swales and flood prone areas, in order to
reduce runoff rates and minimize soil erosion;
iv)
Retain and establish windbreaks to reduce wind erosion and
reduce energy consumption in rural buildings;
v)
Reforest non-productive farm land and unproductive cleared rural
lands as appropriate; and,
vi)
Efficiently harvest and use trees that must be removed to
accommodate the placement of buildings, structures and roads.
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
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E
GENERAL DEVELOPMENT POLICIES
E1
SUBDIVISION OF LAND
E1.1
PURPOSE OF THIS SECTION OF OFFICIAL PLAN
This section contains policies that are to be considered with every application
to develop land in the County through the subdivision, condominium and
consent to sever processes. Regard shall also be given to the specific
policies dealing with lot creation in each land use designation in addition to
other policies in the Plan.
E1.2
APPROVAL AUTHORITY FOR CONSENTS
At the time this plan came into effect, the approval authority for consents
were the four local municipalities and it is the intent of the County to maintain
that relationship.
E1.3
CONDITIONS OF APPROVAL AND AGREEMENTS
a)
The approval authority shall require that the applicant(s) enter into
appropriate agreements with the County and/or local municipality which
may be registered against the title of the subject lands and which shall
include such matters as services, financial requirements, County road
facilities, dedication of land for public uses, exclusive of parks and other
requirements to implement the provisions of this Plan.
b)
The approval authority may impose such conditions to the approval of
a plan of subdivision as in the opinion of the approval authority are
reasonable, having regard to the nature of the development proposed
for the subdivision, including a requirement.
i) That land be dedicated or other requirements met for park or other
public recreational purposes in accordance with the local Official
Plan;
ii) That such highways, including pedestrian pathways, bicycle
pathways and public transit rights of way, be dedicated as the
approval authority considers necessary;
iii) That such land be dedicated for commuter parking lots, transit
stations and related infrastructure for the use of the general public
using highways, as the approval authority considers necessary;
iv) When the proposed subdivision abuts on an existing highway, that
sufficient land, other than land occupied by buildings or structures,
be dedicated to provide for the widening of the highway to such
width as the approval authority considers necessary; and,
v) That the owner of the land proposed to be subdivided enter into one
or more agreements with a municipality, dealing with such matters
as the approval authority may consider necessary, including the
provision of municipal or other services.
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c)
A municipality or approval authority, or both, may enter into agreements
imposed as a condition to the approval of a plan of subdivision and the
agreements may be registered against the land to which it applies and
the municipality or the approval authority, as the case may be, is entitled
to enforce the provisions of it against the owner and, subject to the
Registry Act and the Land Titles Act, any and all subsequent owners of
the land.
E1.4
WHEN A PLAN OF SUBDIVISION IS REQUIRED
Lot creation by Plan of Subdivision is generally required if:
a)
The extension of an existing public road or the development of a new
public road is required to access the proposed lots; or,
b)
The extension of municipal water and/or sewer services is required to
service the lands; or,
c)
A Plan of Subdivision is required to ensure that the entire land holding
or area is developed in an orderly and efficient manner; or,
d)
Unless otherwise specified in the local Official Plan, more than five lots
including the retained lands are being created and/or the owner is
retaining sufficient lands for the development of additional lots in
accordance with the land use designation in the local Official Plan.
E1.5
SUBDIVISION REVIEW CONSIDERATIONS
In considering a draft plan of subdivision, regard shall be had, among other
matters, to the health, safety, convenience, accessibility for persons with
disabilities and welfare of the present and future inhabitants of the
municipality and to,
a)
The effect of development of the proposed subdivision on matters of
provincial interest as referred to in Section 2 of the Planning Act;
b)
Whether the proposed subdivision is premature or in the public interest;
c)
Whether the plan conforms to the County and local Official Plans and
adjacent plans of subdivision, if any;
d)
The suitability of the land for the purposes for which it is to be
subdivided;
e)
The number, width, location and proposed grades and elevations of
highways, and the adequacy of them, and the highways linking the
highways in the proposed subdivision with the established highway
system in the vicinity and the adequacy of them;
f)
The dimensions and shapes of the proposed lots;
g)
The restrictions or proposed restrictions, if any, on the land proposed to
be subdivided or the buildings and structures proposed to be erected
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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on it and the restrictions, if any, on adjoining land;
h)
Conservation of natural resources and flood control;
i)
The adequacy of utilities and municipal services;
j)
The adequacy of school sites;
k)
The area of land, if any, within the proposed subdivision that, exclusive
of highways, is to be conveyed or dedicated for public purposes;
l)
The extent to which the plan's design optimizes the available supply,
means of supplying, efficient use and conservation of energy; and
m)
The interrelationship between the design of the proposed plan of
subdivision and site plan control matters relating to any development
on the land, if the land is also located within a site plan control area
designated in accordance with Section 41 of the Planning Act.
n)
How the proposed development addresses climate change mitigation
and adaptation considerations including but not limited to:
i) The reduction of greenhouse emissions;
ii) The improvement of air quality;
iii) Promotion of compact development form;
iv) The promotion of green infrastructure; and
v) The promotion of design and orientation which
a. maximizes energy efficiency and conservation, and considers
the mitigating effects of vegetation;
b. maximizes opportunities for the use of renewable energy
systems and alternative energy systems.
E1.6
NEW LOTS BY CONSENT
The approval of consents to sever land in the County of Lennox & Addington
shall be in conformity with the relevant policies contained in this Plan, policies
contained in local Official Plans, and the provisions of the Planning Act.
E1.6.1
General Criteria
Where the consideration of an application for consent is permitted by this
Plan and the local Official Plan, provisional Consent may be granted subject
to appropriate conditions of approval for the severed and/or retained lot. Prior
to issuing Provisional Consent for a new lot for any purpose, the approval
authority shall be satisfied that the lot to be retained and the lot to be severed:
a)
Does not have direct access to a County Road, unless the County
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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permits a request for access;
b)
Conforms with the local Official Plan, conforms with this Official Plan,
and is consistent with any Provincial Policy Statement; and,
c)
Will conform to Section 51 (24) of the Planning Act, as amended.
E1.6.2
Lot Creation in the Agricultural Area Designation
Lot creation in the Agricultural Area designation is subject to Section C3.4 of
this Plan.
E2
TRANSPORTATION
E2.1
OBJECTIVES
It is the objective of this Plan to:
a)
Facilitate the safe and efficient movement of people and goods within
the County's communities on County Roads and to and from adjacent
municipalities;
b)
Ensure that County roads continue to be effective corridors for the
movement of people and goods in and throughout the County of Lennox
& Addington and the Province of Ontario;
c)
Develop a transportation system that will encourage unity within the
County and will satisfy local municipal transportation demands;
d)
Protect County transportation corridors to facilitate the development of
a transportation system that is compatible with and supportive of
existing and future land uses;
e)
Ensure that appropriate right-of-way widths for all existing and
proposed County roads are provided in accordance with the Planning
Act;
f)
Ensure that entrances onto the County Road system comply with
standards established by the County of Lennox & Addington;
g)
Establish an integrated transportation system that safely and
efficiently accommodates various modes of transportation including
trains,
automobiles,
trucks,
air,
public
transit
and
active
transportation;
h)
Promote public transit, active transportation as energy efficient,
affordable and accessible forms of travel; and,
i)
Support the protection of existing rail lines, promote and protect local
rail heritage, and encourage the protection of abandoned railway rights-
of-way for public uses such as trails and cycling paths.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
58
E2.2
ROAD NETWORK
E2.2.1
Road Classification System
For the purposes of this Plan, all roads in the County are classified as follows:
a)
Provincial Highway;
b)
County Road; and,
c)
Local Road.
Provincial highways, County Roads and some Local Roads are shown on
Schedule D to this Plan. Local municipalities may also identify Collector
Roads in their Official Plans and may also identify, classify and provide
policies for all other roads.
E2.2.2
Function of County Roads
a)
The function of all County Roads is to connect Urban Areas and Rural
Settlement Areas and Provincial highways. The right-of-way width can
be up to 40 metres.
b)
The County roads have been divided into the following classifications
as shown on Schedule D:
i) Major Arterial;
ii) Rural Arterial;
iii) Urban Arterial;
iv) Rural Collector; and,
v) Urban Collector
c)
Changes to the classification of any County Road in accordance with
sub-section c) does not require an Amendment to this Plan.
E2.2.3
Right-of-Way Widths and Road Widenings
a)
The right-of-way width for any County road may allow for the placement
of travel lanes, turning lanes, utilities, infrastructure, high occupancy
vehicle lanes, sidewalks, paths, bicycle lanes, medians, streetscaping
and landscaped boulevards, where appropriate.
b)
The County may, without the need for an amendment to the Official
Plan, require the dedication of lands to be used for daylight triangles,
intersection improvements and road widenings to provide sufficient
sight distances and turning lanes to provide safe and appropriate
access where major traffic generators intersect.
c)
Where additional land is required for intersection improvements,
daylight triangles and road widenings such land shall be dedicated
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
59
wherever possible, in the course of approving plans of subdivision or
condominium, consents or site plan agreements, without Amendment
to this Plan.
d)
As a condition of a development approval, land for daylight triangles,
intersection improvements and road widenings shall be conveyed at no
expense to the County in accordance with the provisions of the Planning
Act. As a general principle, required road widenings will be taken
equally from both sides of County the right-of-way. Unequal road
widenings may be considered where:
i) Development occurs only on one side of the road and/or,
ii) The area is the site of a topographic feature which is difficult to
overcome or costly to develop for road purposes; and/or,
iii) The location of an identified cultural heritage resource limits design
options; and/or,
iv) The presence of a significant natural heritage feature limits design
options.
e)
Notwithstanding the policies set out in this Plan, the County recognizes
that the reconstruction of County roads to approved minimum standards
in some existing developed areas may not be appropriate from a right-
of-way acquisition or community design perspective, or economically or
physically feasible. Any attempt to reconstruct such roads to minimize
deficiencies shall only be undertaken after a study to determine a right-
of-way which will result in a streetscape which minimizes impacts on
abutting properties and is appropriate to the character of the area, while
serving anticipated traffic volumes. No amendment to the Plan shall be
required to implement such a modification to the right-of-way
E2.2.5
Provincial Highways
a)
In addition to all the applicable municipal requirements, all proposed
development located adjacent to and in the vicinity of a Provincial
highway within Ministry of Transportation's (MTO) permit control area
under the Public Transportation and Highway Improvement Act (PTHIA)
will be subject to MTO approval.
b)
All new entrances onto a Provincial highway require MTO approval.
Changes in land use that affect the use of an existing entrance may
also require MTO approval.
c)
Early consultation with MTO is encouraged to ensure the integration of
municipal planning initiatives with Provincial transportation planning.
d)
Any new areas in the County identified for future development that are
located on or in the vicinity of a Provincial highway or
interchange/intersection within the MTO permit control area will be
subject to MTO's policies, standards and requirements. Direct access
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
60
will be prohibited.
e)
For access connections along municipal crossroads in the vicinity of a
Provincial highway intersection or interchange ramp terminal, any
proposed municipal road must meet MTO's access management
practices and principles. MTO approval will be required in these
instances.
f)
New development adjacent to Provincial highways may be required to
be supported by an appropriate noise and vibration study and traffic
impact assessment.
E2.2.6
Rail Network
The following policies apply to the rail network in the County:
a)
The County and the local municipalities shall work with the Railway
Corporations, Federal, Provincial and local governments to establish
grade separated railway crossings on major roads wherever possible.
Improvements to existing at-grade crossings shall also be encouraged
to improve safety.
b)
All proposed development adjacent to or in proximity to railway
corridors
should
be
based
on
the
implementation
of
the
recommendations of the required noise and vibration studies. This shall
include the provision of appropriate safety measures such as setbacks,
berms and security fencing, mitigating measures, and notices on title to
the satisfaction of the approval authority in consultation with the
appropriate rail authority.
c)
The County and the local municipalities shall work with the appropriate
agencies to develop appropriate strategies to deal with the movement
of dangerous goods through the County.
d)
When considering the establishment of new employment areas in the
County, regard will be had to the location of the existing rail network
and whether access to that rail network can be provided.
E2.2.8
Development in Planned Corridors
a)
Planning authorities shall not permit development in planned
corridors that could preclude or negatively affect the use of the corridor
for the purpose(s) for which it was identified. One such planned
corridor is a new County Road 23 extension and it is shown on
Schedule D.
b)
New development proposed on adjacent lands to existing or planned
corridors and transportation facilities should be compatible with, and
supportive of, the long-term purposes of the corridor and should be
designed to avoid, mitigate or minimize negative impacts on and from
the corridor and transportation facilities.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
61
E2.2.9
Active Transportation
Local municipalities in conjunction with the County are encouraged to
develop interconnected systems of active transportation routes providing
access to major activity and employment areas and to future public transit.
In order to plan for and encourage active transportation, local municipalities
are encouraged to:
a)
Consider the provision of safe and convenient cycling and walking
routes in the review of all development applications;
b)
Provide for public access to shoreline areas in appropriate locations
taking into account the nature of surrounding development;
c)
Consider the provision of sidewalks in Urban Areas and Rural
Settlement Areas, where appropriate;
d)
Investigate and provide for bicycle multi-use lanes wherever feasible
and necessary in the construction or reconstruction of roads and
bridges; and,
e)
Ensure that all pedestrian and cycling routes are designed to be safe.
E2.3
LAND USE COMPATIBILITY
a)
Major facilities and sensitive land uses should be planned to ensure
they are appropriately designed, buffered and/or separated from each
other to prevent or mitigate adverse effects from odour, noise and
other contaminants, minimize risk to public health and safety, and to
ensure the long-term viability of major facilities.
b)
The Ministry of the Environment and Climate Change guidelines shall
be considered to ensure appropriate land use compatibility between
industrial and sensitive land uses when considering development
applications.
E2.4
USES ON HYDRO CORRIDOR LANDS
Secondary uses, such as active and passive recreation, agriculture,
community gardens, other utilities and uses such as parking lots and outdoor
storage that are accessory to adjacent land uses, are encouraged on hydro
corridor lands, where compatible with surrounding land uses. However, a
proponent should be aware of the primacy of the electricity transmission and
distribution facilities and that secondary uses require technical approval from
Hydro One Networks Inc.
E2.5
TRANSCANADA PIPELINES
a)
TransCanada PipeLines Limited operates two high pressure natural
gas pipelines within its right-of-way, which crosses the County and is
identified on Schedule A to this Plan.
b)
TransCanada is regulated by the National Energy Board, which, in
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
62
addition to TransCanada, has a number of requirements regulating
development in proximity to the pipelines. This includes approval
requirements for activities on or within 30 metres of the right-of-way
such as excavation, blasting and any movement of heavy equipment.
New development can result in increasing the population density in the
area that may result in TransCanada being required to replace its
pipeline to comply with the CSA Code Z662. Therefore, the County shall
require early consultation with TransCanada or its designated
representative for any development proposals within 200 metres of its
facilities.
c)
No permanent building or structure may be located within 7 metres of
the pipeline right-of-way. Accessory structures shall have a minimum
setback of at least 3 metres from the limit of the right-of-way.
d)
In areas of more urban development, the development of
TransCanada's right-of-way for passive parkland or open space
purposes subject to TransCanada's easement rights is encouraged.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
63
F
IMPLEMENTATION AND ADMINISTRATION
F1
INTRODUCTION
The implementation section contains policies pertaining to the administration
and implementation of the Official Plan. The Planning Act contains a number
of tools that are intended to be used by municipalities to administer and
implement an Official Plan. This section of the Plan contains the policies that
set out how these tools are to be utilized by the County to meet the goals
and objectives of this Plan.
F2
OFFICIAL PLAN ADMINISTRATION
a)
It is the intent of this Plan to serve as the basis for managing change in
the County until 2036.
b)
Any Amendment to this Plan shall conform to the overall intent of the
Official Plan as set out in the community vision, principles and policies
of this Plan.
c)
The Plan may be altered to correct errors in the text or schedules
without an Amendment to this Plan provided the alterations do not
change the effect of the policies of the Plan.
d)
Any changes to road alignments do not require an Amendment to the
Plan.
e)
Any changes to the County road network do not require an Amendment
to this Plan.
f)
County Council, following the adoption of this Plan, shall determine the
need to revise the Official Plan in whole or in part in consultation with
prescribed public bodies and hold a special meeting of Council that is
open to the public, at intervals of not more than every five years. In
considering the need for revisions, the County shall also consider
Section 26 of the Planning Act that requires that Official Plans to be
revised as necessary to ensure that it:
i) Conforms with provincial plans or does not conflict with them, as
the case may be;
ii) Has regard to the matters of provincial interest listed in section 2 of
the Planning Act;
iii) Is consistent with policy statements issued under subsection 3 (1)
of the Planning Act; and,
iv) Contains policies dealing with areas of employment, including,
without limitation, the designation of areas of employment in the
Official Plan and policies dealing with the removal of land from areas
of employment, to ensure that those policies are confirmed or
amended.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
64
F3
LOCAL OFFICIAL PLAN CONFORMITY WITH COUNTY
PLAN
a)
It is the intent of the County, and a requirement of the Planning Act, that
local Official Plans shall conform to the County Plan and be one of the
primary means of implementing the policies herein.
b)
It is recognized, however, that some time may elapse between the
adoption of this Plan and the modification of the local Official Plans to
ensure conformity. The modifications may be part of the statutory
review process, as defined under the Planning Act.
c)
In the event of a conflict between the provisions of a local Official Plan
and the provisions of this Plan in the interim period, the provisions of
this Plan shall prevail to the extent of that conflict.
d)
Nothing in this Plan shall prevent the local municipalities from adopting
more restrictive policies or standards than those outlined in this Plan,
provided such policies are consistent with the general intent of this Plan
and do not conflict with any Provincial Policy Statement or Provincial
legislation.
F4
LOCAL ZONING BY-LAWS
a) When this Plan or any part thereof takes effect, every local zoning by-
law shall be amended by the local municipalities to conform with this
Plan pursuant to Section 27(1) of the Planning Act. The Amendments
to the zoning by-laws should occur after the local Official Plan has been
amended to conform to this Plan.
b)
Notwithstanding the above, this Plan is not intended to prevent the
continuation, expansion, or enlargement of uses that do not conform to
the designations and provisions of this Plan, subject to the policies of
the local Official Plan.
F5
COMMUNITY IMPROVEMENT PLANS
F5.1
OBJECTIVES
The County encourages the local municipalities to identify Community
Improvement Project Areas in consideration of the following objectives:
a)
To encourage the efficient provision and maintenance of physical
infrastructure, public service facilities to serve present and future
needs on a local and regional scale;
b)
To promote opportunities for economic development and community
investment-readiness and job creation;
c)
To promote diversification of the economic base and employment
opportunities in rural areas through goods and services, including
value-added products and the sustainable management or use of
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
65
resources;
d)
To provide opportunities for sustainable and diversified tourism,
including leveraging historical, cultural, and natural assets;
e)
To assist in the provision of an appropriate range and mix of housing
types and densities required to meet projected requirements of current
and future residents of the regional market area;
f)
To retain and provide for the expansion of existing businesses;
g)
To ensure the maintenance and renewal of older housing stock;
h)
To foster redevelopment, reuse and/or maintenance of existing
brownfield sites and/or current industrial sites;
i)
To maintain and, where possible, enhance the vitality and viability of
downtowns and mainstreets;
j)
To encourage a sense of place, by promoting well-designed built form
and cultural planning, and by conserving features that help define
character, including built heritage resources and cultural heritage
landscapes;
k)
To provide opportunities to support local food, and promoting the
sustainability of agri-food and agri-product businesses; and,
l)
To promote energy efficiency and sound environmental design.
F5.2
IMPLEMENTATION
a)
Local municipal councils, under the Planning Act may choose to
designate Community Improvement Project Areas. Identifying a
Community Improvement Project Area shall be carried out through a
by-law designating the whole, or any part of the local municipality as a
Community Improvement Project Area. Background studies shall first
be completed and made available to the public outlining the need for
the Community Improvement Project Area.
b)
Community Improvement Plans at the local municipal level shall be
submitted to the Ministry of Municipal Affairs and Housing for review
and comment.
c)
County Council may make grants or loans to the council of a lower tier
municipality, for the purpose of carrying out a community improvement
plan that has come into effect, on such terms as to security and
otherwise as the Council considers appropriate.
F6
PHASING OF DEVELOPMENT
a)
It is the intent of this Plan to encourage the timely provision of
infrastructure as urban development occurs. On this basis, the
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
66
identification of infrastructure upgrades and service delivery
requirements should be carried out as early in the planning process in
new development areas.
b)
This long range planning should take the full build out of the Urban Area
or Rural Settlement Area into account and attempt to rationalize how
long it will take for the area to be developed. External factors should
also be considered, most notably the capacity of arterial roads located
within, adjacent to and in the vicinity of the development area. In
addition, population and employment forecasts should also be
considered.
F7
ASSET MANAGEMENT
a)
Asset management planning is the process of making the best possible
decisions regarding the building, operating, maintaining, renewing,
replacing and disposing of infrastructure assets. The objective is to
maximize benefits, manage risk, and provide satisfactory levels of
service to the public in a sustainable manner.
b)
Asset management requires a thorough understanding of the
characteristics and condition of infrastructure assets, as well as the
service levels expected from them. It also involves setting strategic
priorities to optimize decision-making about when and how to proceed
with investments. Finally, it requires the development of a financial
plan, which is the most critical step in putting the plan into action.
c)
The County and the local municipalities are encouraged to prepare
asset management plans, the intent of which is to state how a group of
assets are to be managed over a period of time. The asset management
plan should describe the characteristics and condition of infrastructure
assets, the levels of service expected from them, planned actions to
ensure the assets are providing the expected level of service, and
financing strategies to implement the planned actions.
F8
INFRASTRUCTURE AND PUBLIC SERVICE FACILITIES
a)
Before consideration is given to developing new infrastructure and
public service facilities:
i) The use of existing infrastructure and public service facilities
should be optimized; and,
ii) Opportunities for adaptive re-use should be considered, wherever
feasible.
b)
Infrastructure and public service facilities should be strategically
located to support the effective and efficient delivery of emergency
management services.
c)
Public service facilities should be co-located in community hubs,
where appropriate, to promote cost-effectiveness and facilitate service
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
67
integration, access to transit and active transportation.
F9
WASTE MANAGEMENT
a)
Waste management systems need to be provided that are of an
appropriate size and type to accommodate present and future
requirements, and facilitate, encourage and promote reduction, reuse
and recycling objectives. Planning authorities should consider the
implications of development and land use patterns on waste generation,
management and diversion.
b)
Waste management systems shall be located and designed in
accordance with provincial legislation and standards.
F10
PUBLIC PARTICIPATION AND CONSULTATION
a)
It is a policy of this Plan that public participation be an integral
component of any land use planning process where the County of
Lennox & Addington is the approval authority. In circumstances such
as these, the County shall be satisfied that:
i) Adequate public notice in accordance with the Planning Act has
been given;
ii) Enough information to enable a person to reasonably understand
the nature of the proposal and its impacts is available prior to any
public meeting;
iii) All public and agency comments have been assessed and analyzed
by staff; and,
iv) Their decision will appropriately balance the overall public interest
against the private interest expressed in the application.
b)
Proponents shall be encouraged to pre-consult with neighbouring
landowners to obtain their views before a formal application is
submitted.
c)
The County will consult with First Nations on applications that will have
the potential to affect on aboriginal treaty rights and aboriginal interests.
F11
DEVELOPMENT CHARGES
The County may pass a Development Charges By-law in accordance with
the Development Charges Act.
F12
COMPLETE APPLICATIONS
F12.1
OVERVIEW
a)
To ensure that the approval authority can make an informed decision
on any Planning Act applications and in order to ensure that the public
understands the implications of the application, technical studies are
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
68
required.
b)
The Planning Act permits municipalities to set out what their
requirements are in the form of technical studies and plans to support
an application to amend the Official Plan and approve a Plan of
Subdivision or Plan of Condominium. Once this required information
has been submitted, the application is then deemed to be "complete" in
accordance with the Planning Act, with this date being the date on which
the processing time frame in the Planning Act begins. In addition,
applicants cannot appeal a non-decision on their application once the
application is complete until the processing time frames set out in the
Planning Act have elapsed.
c)
This section of the Official Plan is specifically intended to implement
Sections 22(5), and 51(18) of the Planning Act. These Planning Act
sections provide the basis for the inclusion of policies on complete
applications in Official Plans. This section also implements Sections
22(3.1), and 51(16.1) of the Planning Act.
These latter sections set out the procedures to be followed when applicants
consult with the County before submitting an application specified in this
section of the Official Plan.
F12.2
MINIMUM SUBMISSIONS REQUIREMENTS
The following are the minimum submissions requirements for County Official
Plan Amendment and Plan of Subdivision/Condominium applications:
a)
The minimum submission requirements for an Official Plan Amendment
in accordance with Section 22(4) of the Planning Act are articulated in
Schedule 1 of Ontario Regulation 543/06; and,
b)
The minimum submission requirements for a Plan of Subdivision
application as set out in Section 51(17) of the Planning Act are
articulated in Schedule 1 of Ontario Regulation 544/06.
F12.3
SUPPLEMENTAL SUBMISSION REQUIREMENTS
a)
This section lists the studies, plans or items required to support an
application
for
Official
Plan
Amendment
and
Plan
of
Subdivision/Condominium. The determination of which studies, plans
or items are required shall be made at the pre-consultation phase, as
set out in Section F12.4 of this Plan. Regard should also be had to
Section F12.5 of this Plan, which provides some flexibility to the
approval authority in the consideration of the types of studies, plans or
items required to support an application.
b)
The following may be required to support a complete application for a
County Official Plan Amendment:
i)
Land Use Planning Report;
ii)
Market Impact Study;
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
69
iii)
Urban Design Report;
iv)
Agricultural Impact Assessment;
v)
Environmental Impact Study;
vi)
Environmental Site Assessment;
vii)
Mineral Aggregate Resource Study;
viii)
Master Servicing Plan;
ix)
Stormwater Management Report;
x)
Servicing Study;
xi)
Noise/Vibration Study;
xii)
Hydrogeological Assessment;
xiii)
Traffic Impact Assessment;
xiv)
Archaeological Assessment;
xv)
Conservation Plan;
xvi)
Heritage Impact Assessment;
xvii)
Land Use Compatibility Assessment;
xviii)
Sub Watershed Study;
xix)
Financial Impact Assessment;
xx)
Water Resource Management Report;
xxi)
Geotechnical Study;
xxii)
Notice from the Risk Management Official pursuant to the Clean
Water Act;
xxiii)
Site Evaluation Report; and,
xxiv)
Any other studies required by the approval authority that are not
reflected in the above list.
c)
The following may be required by the approval authority to support a
complete application for Plan of Subdivision/Condominium:
i)
Land Use Planning Report;
ii)
Urban Design Plan;
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
70
iii)
Agricultural Impact Assessment;
iv)
Environmental Impact Study;
v)
Stormwater Management Report;
vi)
Servicing Study;
vii)
Mineral Aggregate Resource Study;
viii)
Traffic Impact Assessment;
ix)
Hydrogeological Assessment;
x)
Archaeological Assessment;
xi)
Conservation Plan;
xii)
Heritage Impact Assessment;
xiii)
Environmental Site Assessment;
xiv) Land Use Compatibility Assessment;
xv)
Noise/Vibration Study;
xvi) Tree Preservation Study;
xvii) Water Resource Management Report;
xviii) Geotechnical Study;
xix) Notice from the Risk Management Official pursuant to the Clean
Water Act and,
xx)
Any of the studies required by the approval authority that are not
reflected in the above list.
F12.4
PRE-CONSULTATION
a)
Prior to the submission of an application for County Official Plan
Amendment, or Plan of Subdivision/Condominium, applicants are
required to meet with the approval authority and relevant agencies to
determine what studies, plans and items are required to support an
application in accordance with this Section of the Official Plan.
b)
The details of the pre-consultation process are spelled out in a by-law
passed pursuant to Sections 22(3.1), and 51(16.1) of the Planning Act.
The intent of the pre-consultation process is to determine the scale and
scope of any required study, plan or item with this scale and scope
being dependent on the size of the proposal, its relationship to adjacent
land uses and the type(s) of planning approval(s) required.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
71
F12.5
FLEXIBILITY
While it is the intent of this Plan to require the studies, plans and items listed
above in support of the applications listed above, this section should not be
interpreted as being all-inclusive. On this basis, the specific requirements
for a particular application may be modified depending on the scale of the
proposal, its location, its location in relation to other land uses and whether
the proposal implements other planning approvals that may have been
obtained prior to the consideration of the specific application.
F12.6
QUALITY OF SUPPORTING STUDIES, PLANS OR ITEMS
All studies required by the approval authority in accordance with this section
shall be carried out by qualified professionals retained by and at the expense
of the proponent. The approval authority may require peer reviews of the
studies by an appropriate public agency or by a professional consultant
retained by the approval authority at the proponent's expense. Alternatively,
studies may be carried out by a qualified professional retained by the
approval authority at the expense of the proponent.
F13
MONITORING
a)
The purpose of monitoring is to evaluate the effectiveness and
relevance of the Plan in meeting the vision, principles and policies of
this Plan. Monitoring involves recording and appraising the significance
of events, trends and decisions in relation to the policies of the Official
Plan.
b)
As required, the County may also prepare quarterly and annual
briefings or status reports. To assist with monitoring and plan review,
the County in cooperation with local municipalities will maintain an
information system to allow for appropriate analysis of the changes in
the social, economic, environmental and technological conditions in the
County.
F14
INTERPRETATION
F14.1
GENERAL
This Plan is a statement of policy. It is intended as a guide to Council,
however, some flexibility in interpretation may be permitted provided that the
general intent is maintained.
In accordance with the Planning Act, in the event of a conflict between the
County Official Plan and the Official Plan of a local municipality, the County
Plan prevails to the extent of the conflict.
F14.2
INTERPRETATION OF LAND USE DESIGNATION BOUNDARIES
a)
The boundaries of the Urban Areas and Rural Settlement Areas
identified on Schedule A of this Plan are representative of the
boundaries as delineated in the local Official Plans and are considered
to be firm boundaries. An Amendment to this Plan will be required for
an expansion to an Urban Area or a Rural Settlement Area.
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
72
b)
It is recognized that the boundaries of the Environmental Protection
Area designation may be imprecise and subject to change. Without the
need for an Amendment to this Plan.
c)
The boundaries of the Agricultural Area designation identified on
Schedule A of this Plan are representative of the boundaries as
delineated in the local Official Plans and are considered to be firm
boundaries. An Amendment to this Plan will be required for changes to
the boundary of the Agricultural Area designation.
d)
In cases where the boundary of the Agricultural Area designation is
proposed to be changed in conjunction with an expansion to an Urban
Area or Rural Settlement Area, the boundaries of the Agricultural Area
designation identified on Schedule A of this Plan can only be changed
at the time of a comprehensive review in accordance with Section B7
of this Plan.
F14.3
LEGISLATION
Where this Plan makes reference to a Provincial Act, an Ontario Regulation,
the minimum distance separation formulae, or the Provincial Policy
Statement such reference shall include any subsequent amendments or
replacements.
F14.4
ACCESSORY USES
Whenever a use is permitted in a land use designation, it is intended that
uses, buildings or structures normally incidental, and accessory to that use
are also permitted.
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
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F14.5
PERMITTED USES
Local municipal Official Plans are not required to permit all of the uses
permitted by the Official Plan, unless doing so would conflict with a policy in
the Provincial Policy Statement.
F14.6
MINIMUM STANDARDS
The policies of this Plan represent minimum standards. This Plan does not
prevent local municipalities from going beyond the minimum standards
established by the Plan in a local Official Plan unless doing so would conflict
with a policy in the Plan.
F14.7
DEFINITIONS
A number of terms in this Plan are defined if they are shown in bold. All
of these terms are found in the Provincial Policy Statement and they are
reproduced in this section.
Access standards: means methods or procedures to ensure safe vehicular
and pedestrian movement, and access for the maintenance and repair of
protection works, during times of flooding hazards, erosion hazards and/or
other water-related hazards.
Active transportation: means human-powered travel, including but not
limited to, walking, cycling, inline skating and travel with the use of mobility
aids, including motorized wheelchairs and other power-assisted devices
moving at a comparable speed.
Adjacent lands: means
a)
For the purposes of Section E2.2.8 b) of this Plan, those lands
contiguous to existing or planned corridors and transportation facilities
where development would have a negative impact on the corridor or
facility. The extent of the adjacent lands may be recommended in
guidelines developed by the Province or based on municipal
approaches that achieve the same objectives;
b)
For the purposes of Section D1.12.2 of this Plan, those lands
contiguous to a specific natural heritage feature or area where it is likely
that development or site alteration would have a negative impact on
the feature or area. The extent of the adjacent lands may be
recommended by the Province or based on municipal approaches
which achieve the same objectives;
c)
For the purposes of Section D4.2 b) and Section D5.5.1 of this Plan,
those lands contiguous to lands on the surface of known petroleum
resources, mineral deposits, or deposits of mineral aggregate
resources where it is likely that development would constrain future
access to the resources. The extent of the adjacent lands may be
recommended by the Province; and,
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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d)
For the purposes of Section D3.3 b) of this Plan, those lands contiguous
to a protected heritage property or as otherwise defined in the
municipal Official Plan.
Adverse effects: as defined in the Environmental Protection Act, means
one or more of:
a)
Impairment of the quality of the natural environment for any use that
can be made of it;
b)
Injury or damage to property or plant or animal life;
c)
Harm or material discomfort to any person;
d)
An adverse effect on the health of any person;
e)
Impairment of the safety of any person;
f)
Rendering any property or plant or animal life unfit for human use;
g)
Loss of enjoyment of normal use of property; and,
h)
Interference with normal conduct of business.
Affordable: means
a)
In the case of ownership housing, the least expensive of:
1. Housing for which the purchase price results in annual accommodation
costs which do not exceed 30 percent of gross annual household
income for low and moderate income households; or
2. Housing for which the purchase price is at least 10 percent below the
average purchase price of a resale unit in the regional market area;
b)
In the case of rental housing, the least expensive of:
1. A unit for which the rent does not exceed 30 percent of gross annual
household income for low and moderate income households; or
2. A unit for which the rent is at or below the average market rent of a unit
in the regional market area.
Agricultural condition: means
a) In regard to specialty crop areas, a condition in which substantially the
same areas and same average soil capability for agriculture are
restored, the same range and productivity of specialty crops common
in the area can be achieved, and, where applicable, the microclimate
on which the site and surrounding area may be dependent for specialty
crop production will be maintained or restored; and,
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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b)
In regard to prime agricultural land outside of specialty crop areas,
a condition in which substantially the same areas and same average
soil capability for agriculture are restored.
Agricultural uses: means the growing of crops, including nursery, biomass,
and horticultural crops; raising of livestock; raising of other animals for food,
fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry;
maple syrup production; and associated on-farm buildings and structures,
including, but not limited to livestock facilities, manure storages, value-
retaining facilities, and accommodation for full-time farm labour when the size
and nature of the operation requires additional employment.
Agri-tourism uses: means those farm-related tourism uses, including
limited accommodation such as a bed and breakfast, that promote the
enjoyment, education or activities related to the farm operation.
Agriculture-related uses: means those farm-related commercial and farm-
related industrial uses that are directly related to farm operations in the area,
support agriculture, benefit from being in close proximity to farm operations,
and provide direct products and/or services to farm operations as a primary
activity.
Airports: means all Ontario airports, including designated lands for future
airports, with Noise Exposure Forecast (NEF)/Noise Exposure Projection
(NEP) mapping.
Alternative energy system: means a system that uses sources of energy
or energy conversion processes to produce power, heat and/or cooling that
significantly reduces the amount of harmful emissions to the environment
(air, earth and water) when compared to conventional energy systems.
Archaeological resources: includes artifacts, archaeological sites, marine
archaeological sites, as defined under the Ontario Heritage Act. The
identification and evaluation of such resources are based upon
archaeological fieldwork undertaken in accordance with the Ontario Heritage
Act.
Areas of archaeological potential: means areas with the likelihood to
contain archaeological resources. Methods to identify archaeological
potential are established by the Province, but municipal approaches which
achieve the same objectives may also be used. The Ontario Heritage Act
requires archaeological potential to be confirmed through archaeological
fieldwork.
Areas of mineral potential: means areas favourable to the discovery of
mineral deposits due to geology, the presence of known mineral deposits
or other technical evidence.
Areas of natural and scientific interest (ANSI): means areas of land and
water containing natural landscapes or features that have been identified as
having life science or earth science values related to protection, scientific
study or education.
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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Brownfield sites: means undeveloped or previously developed properties
that may be contaminated. They are usually, but not exclusively, former
industrial or commercial properties that may be underutilized, derelict or
vacant.
Built heritage resource: means a building, structure, monument,
installation or any manufactured remnant that contributes to a property's
cultural heritage value or interest as identified by a community, including an
Aboriginal community. Built heritage resources are generally located on
property that has been designated under Parts IV or V of the Ontario Heritage
Act, or included on local, provincial and/or federal registers.
Coastal wetland: means
a)
Any wetland that is located on one of the Great Lakes or their
connecting channels (Lake St. Clair, St. Marys, St. Clair, Detroit,
Niagara and St. Lawrence Rivers); or
b)
Any other wetland that is on a tributary to any of the above-specified
water bodies and lies, either wholly or in part, downstream of a line
located 2 kilometres upstream of the 1:100 year floodline (plus wave
run-up) of the large water body to which the tributary is connected.
Comprehensive rehabilitation: means rehabilitation of land from which
mineral aggregate resources have been extracted that is coordinated and
complementary, to the extent possible, with the rehabilitation of other sites in
an area where there is a high concentration of mineral aggregate
operations.
Comprehensive review: means
a)
For the purposes of Sections B7 and B16 of this Plan, an Official Plan
review which is initiated by a planning authority, or an Official Plan
amendment which is initiated or adopted by a planning authority, which:
1. Is based on a review of population and employment projections and
which reflect projections and allocations by upper-tier municipalities
and provincial plans, where applicable; considers alternative
directions for growth or development; and determines how best to
accommodate the development while protecting provincial interests;
2.
Utilizes opportunities to accommodate projected growth or
development through intensification and redevelopment; and
considers physical constraints to accommodating the proposed
development within existing settlement area boundaries;
2. Is integrated with planning for infrastructure and public service
facilities, and considers financial viability over the life cycle of these
assets, which may be demonstrated through asset management
planning;
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
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4. Confirm sufficient water quality, quantity and assimilative capacity of
receiving water are available to accommodate the proposed
development;
5. Confirms that sewage and water services can be provided in
accordance with Sections B11 and B12 of this Plan; and,
6. Consider cross-jurisdictional issues.
In undertaking a comprehensive review the level of detail of the
assessment should correspond with the complexity and scale of the
settlement boundary or development proposal.
Conserved: means the identification, protection, management and use of
built
heritage
resources,
cultural
heritage
landscapes
and
archaeological resources in a manner that ensures their cultural heritage
value or interest is retained under the Ontario Heritage Act. This may be
achieved by the implementation of recommendations set out in a
conservation plan, archaeological assessment, and/or heritage impact
assessment. Mitigative measures and/or alternative development
approaches can be included in these plans and assessments.
Cultural heritage landscape: means a defined geographical area that may
have been modified by human activity and is identified as having cultural
heritage value or interest by a community, including an Aboriginal community.
The area may involve features such as structures, spaces, archaeological
sites or natural elements that are valued together for their interrelationship,
meaning or association. Examples may include, but are not limited to,
heritage conservation districts designated under the Ontario Heritage Act;
villages, parks, gardens, battlefields, mainstreets and neighbourhoods,
cemeteries, trailways, viewsheds, natural areas and industrial complexes of
heritage significance; and areas recognized by federal or international
designation authorities (e.g. a National Historic Site or District designation, or
a UNESCO World Heritage Site).
Defined portions of the flooding hazard along connecting channels:
means those areas which are critical to the conveyance of the flows
associated with the one hundred year flood level along the St. Marys, St.
Clair, Detroit, Niagara and St. Lawrence Rivers, where development or site
alteration will create flooding hazards, cause updrift and/or downdrift
impacts and/or cause adverse environmental impacts.
Deposits of mineral aggregate resources: means an area of identified
mineral aggregate resources, as delineated in Aggregate Resource
Inventory Papers or comprehensive studies prepared using evaluation
procedures established by the Province for surficial and bedrock resources,
as amended from time to time, that has a sufficient quantity and quality to
warrant present or future extraction.
Designated and available: means lands designated in the Official Plan for
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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urban residential use. For municipalities where more detailed Official Plan
policies (e.g. secondary plans) are required before development
applications can be considered for approval, only lands that have
commenced the more detailed planning process are considered to be
designated and available for the purposes of this definition.
Designated growth areas: means lands within settlement areas
designated in an official plan for growth over the long-term planning horizon
provided in Section B17 of this Plan but which have not yet been fully
developed. Designated growth areas include lands which are designated
and available for residential growth in accordance with Section B14 a) of this
Plan, as well as lands required for employment and other uses.
Designated vulnerable area: means areas defined as vulnerable, in
accordance with provincial standards, by virtue of their importance as a
drinking water source.
Development: means the creation of a new lot, a change in land use, or the
construction of buildings and structures requiring approval under the
Planning Act, but does not include:
a)
Activities that create or maintain infrastructure authorized under an
environmental assessment process; or
b)
Works subject to the Drainage Act.
Dynamic beach hazard: means areas of inherently unstable accumulations
of shoreline sediments along the Great Lakes - St. Lawrence River System
and large inland lakes, as identified by provincial standards, as amended
from time to time. The dynamic beach hazard limit consists of the flooding
hazard limit plus a dynamic beach allowance.
Ecological function: means the natural processes, products or services
that living and non-living environments provide or perform within or between
species, ecosystems and landscapes. These may include biological,
physical and socio-economic interactions.
Employment area: means those areas designated in a local Official Plan
for clusters of business and economic activities including, but not limited to,
manufacturing, warehousing, offices, and associated retail and ancillary
facilities.
Endangered species: means a species that is listed or categorized as an
"Endangered Species" on the Ontario Ministry of Natural Resources' official
Species at Risk list, as updated and amended from time to time.
Erosion hazard: means the loss of land, due to human or natural
processes, that poses a threat to life and property. The erosion hazard limit
is determined using considerations that include the 100 year erosion rate (the
average annual rate of recession extended over a one hundred year time
span), an allowance for slope stability, and an erosion/erosion access
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
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allowance.
Essential emergency service: means services which would be impaired
during an emergency as a result of flooding, the failure of floodproofing
measures and/or protection works, and/or erosion.
Fish: means fish, which as defined in the Fisheries Act, includes fish,
shellfish, crustaceans, and marine animals, at all stages of their life cycles.
Fish habitat: as defined in the Fisheries Act, means spawning grounds and
any other areas, including nursery, rearing, food supply, and migration areas
on which fish depend directly or indirectly in order to carry out their life
processes.
Flood fringe: for river, stream and small inland lake systems, means the
outer portion of the flood plain between the floodway and the flooding
hazard limit. Depths and velocities of flooding are generally less severe in
the flood fringe than those experienced in the floodway.
Flood plain: for river, stream and small inland lake systems, means the
area, usually low lands adjoining a watercourse, which has been or may be
subject to flooding hazards.
Flooding hazard: means the inundation, under the conditions specified
below, of areas adjacent to a shoreline or a river or stream system and not
ordinarily covered by water:
a)
Along the shorelines of the Great Lakes - St. Lawrence River System
and large inland lakes, the flooding hazard limit is based on the one
hundred year flood level plus an allowance for wave uprush and
other water-related hazards;
b)
Along river, stream and small inland lake systems, the flooding
hazard limit is the greater of:
1. The flood resulting from the rainfall actually experienced during a major
storm such as the Hurricane Hazel storm (1954) or the Timmins storm
(1961), transposed over a specific watershed and combined with the
local conditions, where evidence suggests that the storm event could
have potentially occurred over watersheds in the general area;
2. The one hundred year flood; and,
3. A flood which is greater than 1. or 2. which was actually experienced in
a particular watershed or portion thereof as a result of ice jams and
which has been approved as the standard for that specific area by the
Minister of Natural Resources; except where the use of the one
hundred year flood or the actually experienced event has been
approved by the Minister of Natural Resources as the standard for a
specific watershed (where the past history of flooding supports the
lowering of the standard).
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
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Floodproofing standard: means the combination of measures
incorporated into the basic design and/or construction of buildings,
structures, or properties to reduce or eliminate flooding hazards, wave
uprush and other water-related hazards along the shorelines of the Great
Lakes - St. Lawrence River System and large inland lakes, and flooding
hazards along river, stream and small inland lake systems.
Floodway: for river, stream and small inland lake systems, means the
portion of the flood plain where development and site alteration would
cause a danger to public health and safety or property damage.
Where the one zone concept is applied, the floodway is the entire
contiguous flood plain.
Where the two zone concept is applied, the floodway is the contiguous
inner portion of the flood plain, representing that area required for the safe
passage of flood flow and/or that area where flood depths and/or velocities
are considered to be such that they pose a potential threat to life and/or
property damage. Where the two zone concept applies, the outer portion
of the flood plain is called the flood fringe.
Freight-supportive: in regard to land use patterns, means transportation
systems and facilities that facilitate the movement of goods. This includes
policies or programs intended to support efficient freight movement through
the planning, design and operation of land use and transportation systems.
Approaches may be recommended in guidelines developed by the Province
or based on municipal approaches that achieve the same objective.
Great Lakes St. Lawrence system: means the major water system
consisting of Lakes Superior, Huron, St. Clair, Erie and Ontario and their
connecting channels, and the St. Lawrence River within the boundaries of
the Province of Ontario.
Green infrastructure: means natural and human-made elements that
provide ecological and hydrological functions and processes. Green
infrastructure can include components such as natural heritage features
and systems, parklands, stormwater management systems, street trees,
urban forests, natural channels, permeable surfaces, and green roofs.
Ground water feature: means water-related features in the earth's
subsurface, including recharge/discharge areas, water tables, aquifers and
unsaturated zones that can be defined by surface and subsurface
hydrogeologic investigations.
Habitat of endangered species and threatened species: means
a)
With respect to a species listed on the Species at Risk in Ontario List
as an endangered or threatened species for which a regulation made
under clause 55(1)(a) of the Endangered Species Act, 2007 is in force,
the area prescribed by that regulation as the habitat of the species; or
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
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b)
With respect to any other species listed on the Species at Risk in
Ontario List as an endangered or threatened species, an area on
which the species depends, directly or indirectly, to carry on its life
processes, including life processes such as reproduction, rearing,
hibernation, migration or feeding, as approved by the Ontario Ministry
of Natural Resources; and,
c)
Places in the areas described in clause (a) or (b), whichever is
applicable, that are used by members of the species as dens, nests,
hibernacula or other residences.
Hazardous forest types: means forest types assessed as being associated
with the risk of high to extreme wildland fire using risk assessment tools
established by the Ontario Ministry of Natural Resources, as amended from
time to time.
Hazardous lands: means property or lands that could be unsafe for
development due to naturally occurring processes. Along the shorelines of
the Great Lakes - St. Lawrence River System, this means the land, including
that covered by water, between the international boundary, where applicable,
and the furthest landward limit of the flooding hazard, erosion hazard or
dynamic beach hazard limits. Along the shorelines of large inland lakes,
this means the land, including that covered by water, between a defined
offshore distance or depth and the furthest landward limit of the flooding
hazard, erosion hazard or dynamic beach hazard limits. Along river,
stream and small inland lake systems, this means the land, including that
covered by water, to the furthest landward limit of the flooding hazard or
erosion hazard limits.
Hazardous sites: means property or lands that could be unsafe for
development and site alteration due to naturally occurring hazards. These
may include unstable soils (sensitive marine clays [leda], organic soils) or
unstable bedrock (karst topography).
Hazardous substances: means substances which, individually, or in
combination with other substances, are normally considered to pose a
danger to public health, safety and the environment. These substances
generally include a wide array of materials that are toxic, ignitable, corrosive,
reactive, radioactive or pathological.
Heritage attributes: means the principal features or elements that
contribute to a protected heritage property's cultural heritage value or
interest, and may include the property's built or manufactured elements, as
well as natural landforms, vegetation, water features, and its visual setting
(including significant views or vistas to or from a protected heritage property).
High quality: means primary and secondary sand and gravel resources and
bedrock resources as defined in the Aggregate Resource Inventory Papers
(ARIP).
Hydrologic function: means the functions of the hydrological cycle that
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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include the occurrence, circulation, distribution and chemical and physical
properties of water on the surface of the land, in the soil and underlying
rocks, and in the atmosphere, and water's interaction with the environment
including its relation to living things.
Individual on-site sewage services: means sewage systems, as defined
in O. Reg. 332/12 under the Building Code Act, 1992, that are owned,
operated and managed by the owner of the property upon which the system
is located.
Individual on-site water services: means individual, autonomous water
supply systems that are owned, operated and managed by the owner of the
property upon which the system is located.
Infrastructure: means physical structures (facilities and corridors) that form
the foundation for development. Infrastructure includes: sewage and
water systems, septage treatment systems, stormwater management
systems, waste management systems, electricity generation facilities,
electricity
transmission
and
distribution
systems,
communications/telecommunications, transit and transportation corridors
and facilities, oil and gas pipelines and associated facilities.
Institutional use: for the purposes of Section D6.5 of this Plan, means land
uses where there is a threat to the safe evacuation of vulnerable populations
such as older persons, persons with disabilities, and those who are sick or
young, during an emergency as a result of flooding, failure of floodproofing
measures or protection works, or erosion.
Intensification: means the development of a property, site or area at a
higher density than currently exists through:
a)
Redevelopment, including the reuse of brownfield sites;
b)
The development of vacant and/or underutilized lots within previously
developed areas;
c)
Infill development; and,
d)
The expansion or conversion of existing buildings.
Large inland lakes: means those waterbodies having a surface area of
equal to or greater than 100 square kilometres where there is not a
measurable or predictable response to a single runoff event.
Legal or technical reasons: means severances for purposes such as
easements, corrections of deeds, quit claims, and minor boundary
adjustments, which do not result in the creation of a new lot.
Low and moderate income households: means a) in the case of
ownership housing, households with incomes in the lowest 60 percent of the
income distribution for the regional market area; or b) in the case of rental
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
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housing, households with incomes in the lowest 60 percent of the income
distribution for renter households for the regional market area.
Major facilities: means facilities which may require separation from
sensitive land uses, including but not limited to airports, transportation
infrastructure and corridors, rail facilities, marine facilities, sewage
treatment facilities, waste management systems, oil and gas pipelines,
industries, energy generation facilities and transmission systems, and
resource extraction activities.
Major goods movement facilities and corridors: means transportation
facilities and corridors associated with the inter- and intra-provincial
movement of goods. Examples include: inter-modal facilities, ports,
airports, rail facilities, truck terminals, freight corridors, freight facilities, and
haul routes and primary transportation corridors used for the movement of
goods. Approaches that are freight-supportive may be recommended in
guidelines developed by the Province or based on municipal approaches that
achieve the same objectives.
Marine facilities: means ferries, harbours, ports, ferry terminals, canals and
associated uses, including designated lands for future marine facilities.
Mine hazard: means any feature of a mine as defined under the Mining Act,
or any related disturbance of the ground that has not been rehabilitated.
Minerals: means metallic minerals and non-metallic minerals as herein
defined, but does not include mineral aggregate resources or petroleum
resources.
Metallic minerals means those minerals from which metals (e.g. copper,
nickel, gold) are derived.
Non-metallic minerals means those minerals that are of value for intrinsic
properties of the minerals themselves and not as a source of metal. They
are generally synonymous with industrial minerals (e.g. asbestos, graphite,
kyanite, mica, nepheline syenite, salt, talc, and wollastonite).
Mineral aggregate operation: means
a)
Lands under license or permit, other than for wayside pits and
quarries, issued in accordance with the Aggregate Resources Act; and,
b)
Associated facilities used in extraction, transport, beneficiation,
processing or recycling of mineral aggregate resources and derived
products such as asphalt and concrete, or the production of secondary
related products.
Mineral aggregate resources: means gravel, sand, clay, earth, shale,
stone, limestone, dolostone, sandstone, marble, granite, rock or other
material prescribed under the Aggregate Resources Act suitable for
construction, industrial, manufacturing and maintenance purposes but does
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
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not include metallic ores, asbestos, graphite, kyanite, mica, nepheline
syenite, salt, talc, wollastonite, mine tailings or other material prescribed
under the Mining Act.
Mineral aggregate resource conservation: means
a)
The recovery and recycling of manufactured materials derived from
mineral aggregates (e.g. glass, porcelain, brick, concrete, asphalt, slag,
etc.), for re-use in construction, manufacturing, industrial or
maintenance projects as a substitute for new mineral aggregates; and,
b)
The wise use of mineral aggregates including utilization or extraction of
on-site mineral aggregate resources prior to development occurring.
Mineral deposits: means areas of identified minerals that have sufficient
quantity and quality based on specific geological evidence to warrant present
or future extraction.
Mineral mining operation: means mining operations and associated
facilities, or, past producing mines with remaining mineral development
potential that have not been permanently rehabilitated to another use.
Minimum distance separation formulae: means formulae and guidelines
developed by the Province, as amended from time to time, to separate uses
so as to reduce incompatibility concerns about odour from livestock facilities.
Municipal sewage services: means a sewage works within the meaning of
section 1 of the Ontario Water Resources Act that is owned or operated by
a municipality.
Municipal water services: means a municipal drinking-water system within
the meaning of section 2 of the Safe Drinking Water Act, 2002.
Natural heritage features and areas: means features and areas, including
significant wetlands, significant coastal wetlands, other coastal
wetlands,
fish
habitat,
significant
woodlands
and
significant
valleylands, habitat of endangered species and threatened species,
significant wildlife habitat, and significant areas of natural and scientific
interest, which are important for their environmental and social values as a
legacy of the natural landscapes of an area.
Natural heritage system: means a system made up of natural heritage
features and areas, and linkages intended to provide connectivity (at the
regional or site level) and support natural processes which are necessary to
maintain biological and geological diversity, natural functions, viable
populations of indigenous species, and ecosystems. These systems can
include natural heritage features and areas, federal and provincial parks
and conservation reserves, other natural heritage features, lands that have
been restored or have the potential to be restored to a natural state, areas
that support hydrologic functions, and working landscapes that enable
ecological functions to continue. The Province has a recommended
approach for identifying natural heritage systems, but municipal
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Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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approaches that achieve or exceed the same objective may also be used.
Negative impacts: means
a)
In regard to Section B11 a) and b) of this Plan, degradation to the
quality and quantity of water, sensitive surface water features and
sensitive ground water features, and their related hydrologic
functions, due to single, multiple or successive development.
Negative impacts should be assessed through environmental studies
including hydrogeological or water quality impact assessments, in
accordance with provincial standards;
b)
In regard to Section D2.1 b) of this Plan, degradation to the quality and
quantity of water, sensitive surface water features and sensitive
ground water features, and their related hydrologic functions, due
to single, multiple or successive development or site alteration
activities;
c)
In regard to fish habitat, any permanent alteration to, or destruction of
fish habitat, except where, in conjunction with the appropriate
authorities, it has been authorized under the Fisheries Act; and,
d)
In regard to other natural heritage features and areas, degradation
that threatens the health and integrity of the natural features or
ecological functions for which an area is identified due to single,
multiple or successive development or site alteration activities.
Normal farm practices: means a practice, as defined in the Farming and
Food Production Protection Act, 1998, that is conducted in a manner
consistent with proper and acceptable customs and standards as established
and followed by similar agricultural operations under similar circumstances;
or makes use of innovative technology in a manner consistent with proper
advanced farm management practices. Normal farm practices shall be
consistent with the Nutrient Management Act, 2002 and regulations made
under that Act.
Oil, gas and salt hazards: means any feature of a well or work as defined
under the Oil, Gas and Salt Resources Act, or any related disturbance of the
ground that has not been rehabilitated.
On-farm diversified uses: means uses that are secondary to the principal
agricultural use of the property, and are limited in area. On-farm diversified
uses include, but are not limited to, home occupations, home industries,
agri-tourism uses, and uses that produce value-added agricultural
products.
One hundred year flood: for river, stream and small inland lake
systems, means that flood, based on an analysis of precipitation, snow melt,
or a combination thereof, having a return period of 100 years on average, or
having a 1% chance of occurring or being exceeded in any given year.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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One hundred year flood level: means
a)
For the shorelines of the Great Lakes, the peak instantaneous stillwater
level, resulting from combinations of mean monthly lake levels and wind
setups, which has a 1% chance of being equalled or exceeded in any
given year;
b)
In the connecting channels (St. Marys, St. Clair, Detroit, Niagara and
St. Lawrence Rivers), the peak instantaneous stillwater level which has
a 1% chance of being equalled or exceeded in any given year; and,
c)
For large inland lakes, lake levels and wind setups that have a 1%
chance of being equalled or exceeded in any given year, except that,
where sufficient water level records do not exist, the one hundred year
flood level is based on the highest known water level and wind setups.
Other water-related hazards: means water-associated phenomena other
than flooding hazards and wave uprush which act on shorelines. This
includes, but is not limited to ship-generated waves, ice piling and ice
jamming.
Partial services: means
a)
Municipal sewage services or private communal sewage services
and individual on-site water services; or
b)
Municipal water services or private communal water services and
individual on-site sewage services.
Petroleum resource operations: means oil, gas and salt wells and
associated facilities and other drilling operations, oil field fluid disposal wells
and associated facilities, and wells and facilities for the underground storage
of natural gas and other hydrocarbons.
Petroleum resources: means oil, gas, and salt (extracted by solution
mining method) and formation water resources which have been identified
through exploration and verified by preliminary drilling or other forms of
investigation. This may include sites of former operations where resources
are still present or former sites that may be converted to underground storage
for natural gas or other hydrocarbons.
Planned corridors: means corridors or future corridors which are required
to meet projected needs, and are identified through provincial plans,
preferred alignment(s) determined through the Environmental Assessment
Act process, or identified through planning studies where the Ontario Ministry
of Transportation is actively pursuing the identification of a corridor.
Approaches for the protection of planned corridors may be recommended
in guidelines developed by the Province.
Portable asphalt plant: means a facility
a)
With equipment designed to heat and dry aggregate and to mix
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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aggregate with bituminous asphalt to produce asphalt paving material,
and includes stockpiling and storage of bulk materials used in the
process; and,
b)
Which is not of permanent construction, but which is to be dismantled
at the completion of the construction project.
Portable concrete plant: means a building or structure
a)
With equipment designed to mix cementing materials, aggregate, water
and admixtures to produce concrete, and includes stockpiling and
storage of bulk materials used in the process; and,
b)
Which is not of permanent construction, but which is designed to be
dismantled at the completion of the construction project.
Prime agricultural area: means areas where prime agricultural lands
predominate. This includes areas of prime agricultural lands and
associated Canada Land Inventory Class 4 through 7 lands, and additional
areas where there is a local concentration of farms which exhibit
characteristics of ongoing agriculture. Prime agricultural areas may be
identified by the Ontario Ministry of Agriculture and Food using guidelines
developed by the Province as amended from time to time. A prime
agricultural area may also be identified through an alternative agricultural
land evaluation system approved by the Province.
Prime agricultural land: means specialty crop areas and/or Canada Land
Inventory Class 1, 2, and 3 lands, as amended from time to time, in this order
of priority for protection.
Private communal sewage services: means a sewage works within the
meaning of section 1 of the Ontario Water Resources Act that serves six or
more lots or private residences and is not owned by a municipality.
Private communal water services: means a non-municipal drinking-water
system within the meaning of section 2 of the Safe Drinking Water Act, 2002
that serves six or more lots or private residences.
Protected heritage property: means property designated under Parts IV,
V or VI of the Ontario Heritage Act; property subject to a heritage
conservation easement under Parts II or IV of the Ontario Heritage Act;
property identified by the Province and prescribed public bodies as provincial
heritage property under the Standards and Guidelines for Conservation of
Provincial Heritage Properties; property protected under federal legislation,
and UNESCO World Heritage Sites.
Protection works standards: means the combination of non-structural or
structural works and allowances for slope stability and flooding/erosion to
reduce the damage caused by flooding hazards, erosion hazards and
other water-related hazards, and to allow access for their maintenance and
repair.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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Provincial and federal requirements: means
a)
In regard to Policy 1.6.11.2 of the PPS (2014), legislation, regulations,
policies and standards administered by the federal or provincial
governments for the purpose of protecting the environment from
potential impacts associated with energy systems and ensuring that the
necessary approvals are obtained;
b)
In regard to Section D1.2 c) of this Plan, legislation and policies
administered by the federal or provincial governments for the purpose
of fisheries protection (including fish and fish habitat), and related,
scientifically established standards such as water quality criteria for
protecting lake trout populations; and,
c)
In regard to Section D1.2 d) of this Plan, legislation and policies
administered by the provincial government or federal government,
where applicable, for the purpose of protecting species at risk and their
habitat.
Provincial plan: means a provincial plan within the meaning of section 1
of the Planning Act.
Public service facilities: means land, buildings and structures for the
provision of programs and services provided or subsidized by a government
or other body, such as social assistance, recreation, police and fire
protection, health and educational programs, and cultural services. Public
service facilities do not include infrastructure.
Quality and quantity of water: is measured by indicators associated with
hydrologic function such as minimum base flow, depth to water table,
aquifer pressure, oxygen levels, suspended solids, temperature, bacteria,
nutrients and hazardous contaminants, and hydrologic regime.
Rail facilities: means rail corridors, rail sidings, train stations, inter-modal
facilities, rail yards and associated uses, including designated lands for future
rail facilities.
Recreation: means leisure time activity undertaken in built or natural
settings for purposes of physical activity, health benefits, sport participation
and skill development, personal enjoyment, positive social interaction and
the achievement of human potential.
Redevelopment: means the creation of new units, uses or lots on previously
developed land in existing communities, including brownfield sites.
Regional market area: refers to an area that has a high degree of social
and economic interaction. The upper or single-tier municipality, or planning
area, will normally serve as the regional market area. However, where a
regional market area extends significantly beyond these boundaries, then
the regional market area may be based on the larger market area. Where
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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regional market areas are very large and sparsely populated, a smaller
area, if defined in an Official Plan, may be utilized.
Renewable energy source: means an energy source that is renewed by
natural processes and includes wind, water, biomass, biogas, biofuel, solar
energy, geothermal energy and tidal forces.
Renewable energy system: means a system that generates electricity,
heat and/or cooling from a renewable energy source.
Reserve sewage system capacity: means design or planned capacity in a
centralized waste water treatment facility which is not yet committed to
existing or approved development. For the purposes of Section B12 of this
Plan, reserve capacity for private communal sewage services and
individual on-site sewage services is considered sufficient if the hauled
sewage from the development can be treated and land-applied on
agricultural land under the Nutrient Management Act, or disposed of at sites
approved under the Environmental Protection Act or the Ontario Water
Resources Act, but not by land-applying untreated, hauled sewage.
Reserve water system capacity: means design or planned capacity in a
centralized water treatment facility which is not yet committed to existing or
approved development.
Residence surplus to a farming operation: means an existing habitable
farm residence that is rendered surplus as a result of farm consolidation (the
acquisition of additional farm parcels to be operated as one farm operation).
Residential intensification: means intensification of a property, site or
area which results in a net increase in residential units or accommodation
and includes:
a)
Redevelopment, including the redevelopment of brownfield sites;
b)
The development of vacant or underutilized lots within previously
developed areas;
c)
Infill development;
d)
The conversion or expansion of existing industrial, commercial and
institutional buildings for residential use; and,
e)
The conversion or expansion of existing residential buildings to create
new residential units or accommodation, including accessory
apartments, second units and rooming houses.
River, stream and small inland lake systems: means all watercourses,
rivers, streams, and small inland lakes or waterbodies that have a
measurable or predictable response to a single runoff event.
Rural areas: means a system of lands within municipalities that may include
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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rural settlement areas, rural lands, prime agricultural areas, natural
heritage features and areas, and resource areas.
Rural lands: means lands which are located outside settlement areas and
which are outside prime agricultural areas.
Sensitive: in regard to surface water features and ground water features,
means areas that are particularly susceptible to impacts from activities or
events including, but not limited to, water withdrawals, and additions of
pollutants.
Sensitive land uses: means buildings, amenity areas, or outdoor spaces
where routine or normal activities occurring at reasonably expected times
would experience one or more adverse effects from contaminant
discharges generated by a nearby major facility. Sensitive land uses may
be a part of the natural or built environment. Examples may include, but are
not limited to: residences, day care centres, and educational and health
facilities.
Settlement areas: means urban areas and rural settlement areas within
municipalities (such as cities, towns, villages and hamlets) that are:
a)
Built up areas where development is concentrated and which have a
mix of land uses; and,
b)
Lands which have been designated in an Official Plan for development
over the long-term planning horizon provided for in Section B17 of this
Plan.
Sewage and water services: includes municipal sewage services and
municipal water services, private communal sewage services and
private communal water services, individual on-site sewage services
and individual on-site water services, and partial services.
Significant: means
a)
In regard to wetlands, significant wetlands and areas of natural and
scientific interest, an area identified as provincially significant by the
Ontario Ministry of Natural Resources using evaluation procedures
established by the Province, as amended from time to time;
b)
In regard to woodlands, an area which is ecologically important in
terms of features such as species composition, age of trees and stand
history; functionally important due to its contribution to the broader
landscape because of its location, size or due to the amount of forest
cover in the planning area; or economically important due to site quality,
species composition, or past management history. These are to be
identified using criteria established by the Ontario Ministry of Natural
Resources;
c)
In regard to other features and areas in Section D1.2 b) of this Plan,
ecologically important in terms of features, functions, representation or
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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amount, and contributing to the quality and diversity of an identifiable
geographic area or natural heritage system;
d)
In regard to mineral potential, an area identified as provincially
significant through evaluation procedures developed by the Province,
as amended from time to time, such as the Provincially Significant
Mineral Potential Index; and,
e)
In regard to cultural heritage and archaeology, resources that have
been determined to have cultural heritage value or interest for the
important contribution they make to our understanding of the history of
a place, an event, or a people.
Criteria for determining significance for the resources identified in sections
(c)-(e) are recommended by the Province, but municipal approaches that
achieve or exceed the same objective may also be used.
While some significant resources may already be identified and inventoried
by official sources, the significance of others can only be determined after
evaluation.
Site alteration: means activities, such as grading, excavation and the
placement of fill that would change the landform and natural vegetative
characteristics of a site.
Special needs: means any housing, including dedicated facilities, in whole
or in part, that is used by people who have specific needs beyond economic
needs, including but not limited to, needs such as mobility requirements or
support functions required for daily living. Examples of special needs
housing may include, but are not limited to, housing for persons with
disabilities such as physical, sensory or mental health disabilities, and
housing for older persons.
Special Policy Area: means an area within a community that has historically
existed in the flood plain and where site-specific policies, approved by both
the Ministers of Natural Resources and Municipal Affairs and Housing, are
intended to provide for the continued viability of existing uses (which are
generally on a small scale) and address the significant social and economic
hardships to the community that would result from strict adherence to
provincial policies concerning development. The criteria and procedures for
approval are established by the Province.
A Special Policy Area is not intended to allow for new or intensified
development and site alteration, if a community has feasible opportunities
for development outside the flood plain.
Specialty crop area: means areas designated using guidelines developed
by the Province, as amended from time to time. In these areas, specialty
crops are predominantly grown such as tender fruits (peaches, cherries,
plums), grapes, other fruit crops, vegetable crops, greenhouse crops, and
crops from agriculturally developed organic soil, usually resulting from:
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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a)
Soils that have suitability to produce specialty crops, or lands that are
subject to special climatic conditions, or a combination of both;
b)
Farmers skilled in the production of specialty crops; and,
c)
A long-term investment of capital in areas such as crops, drainage,
infrastructure and related facilities and services to produce, store, or
process specialty crops.
Surface water feature: means water-related features on the earth's
surface, including headwaters, rivers, stream channels, inland lakes,
seepage areas, recharge/discharge areas, springs, wetlands, and
associated riparian lands that can be defined by their soil moisture, soil type,
vegetation or topographic characteristics.
Threatened species: means a species that is listed or categorized as a
"Threatened Species" on the Ontario Ministry of Natural Resources' official
Species at Risk list, as updated and amended from time to time.
Transit-supportive: in regard to land use patterns, means development
that makes transit viable and improves the quality of the experience of using
transit. It often refers to compact, mixed-use development that has a high
level of employment and residential densities. Approaches may be
recommended in guidelines developed by the Province or based on
municipal approaches that achieve the same objectives.
Transportation demand management: means a set of strategies that result
in more efficient use of the transportation system by influencing travel
behaviour by mode, time of day, frequency, trip length, regulation, route, or
cost.
Transportation system: means a system consisting of facilities, corridors
and rights-of-way for the movement of people and goods, and associated
transportation facilities including transit stops and stations, sidewalks, cycle
lanes, bus lanes, high occupancy vehicle lanes, rail facilities, parking
facilities, park'n'ride lots, service centres, rest stops, vehicle inspection
stations, inter-modal facilities, harbours, airports, marine facilities, ferries,
canals and associated facilities such as storage and maintenance.
Two zone concept: means an approach to flood plain management where
the flood plain is differentiated in two parts: the floodway and the flood
fringe.
Valleylands: means a natural area that occurs in a valley or other landform
depression that has water flowing through or standing for some period of the
year.
Vulnerable: means surface and/or ground water that can be easily changed
or impacted.
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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Waste management system: means sites and facilities to accommodate
solid waste from one or more municipalities and includes recycling facilities,
transfer stations, processing sites and disposal sites.
Watershed: means an area that is drained by a river and its tributaries.
Wave uprush: means the rush of water up onto a shoreline or structure
following the breaking of a wave; the limit of wave uprush is the point of
furthest landward rush of water onto the shoreline.
Wayside pits and quarries: means a temporary pit or quarry opened and
used by or for a public authority solely for the purpose of a particular project
or contract of road construction and not located on the road right-of-way.
Wetlands: means lands that are seasonally or permanently covered by
shallow water, as well as lands where the water table is close to or at the
surface. In either case the presence of abundant water has caused the
formation of hydric soils and has favoured the dominance of either
hydrophytic plants or water tolerant plants. The four major types of wetlands
are swamps, marshes, bogs and fens.
Periodically soaked or wet lands being used for agricultural purposes which
no longer exhibit wetland characteristics are not considered to be wetlands
for the purposes of this definition.
Wildland fire assessment and mitigation standards: means the
combination of risk assessment tools and environmentally appropriate
mitigation measures identified by the Ontario Ministry of Natural Resources
to be incorporated into the design, construction and/or modification of
buildings, structures, properties and/or communities to reduce the risk to
public safety, infrastructure and property from wildland fire.
Wildlife habitat: means areas where plants, animals and other organisms
live, and find adequate amounts of food, water, shelter and space needed to
sustain their populations. Specific wildlife habitats of concern may include
areas where species concentrate at a vulnerable point in their annual or life
cycle; and areas which are important to migratory or non-migratory species.
Woodlands: means treed areas that provide environmental and economic
benefits to both the private landowner and the general public, such as
erosion prevention, hydrological and nutrient cycling, provision of clean air
and the long-term storage of carbon, provision of wildlife habitat, outdoor
recreational opportunities, and the sustainable harvest of a wide range of
woodland products. Woodlands include treed areas, woodlots or forested
areas and vary in their level of significance at the local, regional and
provincial levels. Woodlands may be delineated according to the Forestry
Act definition or the Province's Ecological Land Classification system
definition for "forest."
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of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
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SCHEDULE A
LAND USE
COUNTY OF
LENNOX & ADDINGTON
OFFICIAL PLAN
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
95
SCHEDULE B
NATURAL HERITAGE
FEATURES and AREAS
COUNTY OF
LENNOX & ADDINGTON
OFFICIAL PLAN
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
96
SCHEDULE C
RESOURCE AREAS,
CONSTRAINT AREAS AND
WASTE MANAGEMENT
COUNTY OF
LENNOX & ADDINGTON
OFFICIAL PLAN
The County of Lennox & Addington Official Plan - Approved by the Ministry
of Municipal Affairs and Housing with Modifications on March 9, 2016 - The
Effective Date of this Official Plan is April 5, 2016 - Consolidated Version
dated February 13, 2018
97
SCHEDULE D
TRANSPORTATION
COUNTY OF
LENNOX & ADDINGTON
OFFICIAL PLAN