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Northumberland County
Official Plan
Consolidation: March 2, 2026
Office Consolidation Copy
of the
Northumberland County
Official Plan
As Approved with Modifications by the Ontario Municipal Board on November
23, 2016 and Amendments 1 and 2
Amendment No.
Adopted Date
(By-law No.)
MMAH Approval Date
OPA1 - Natural
Heritage System
December 15, 2021
(By-law 38-2021)
February 19, 2026
OPA2 - Growth
Management
March 19, 2025
(By-law 13-2025)
November 18, 2025
APPROVED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING ON
JULY 29, 2015
Date of Consolidation: March 2, 2026
Prepared by: Meridian Planning Consultants
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
i
TABLE OF CONTENTS
PART 1
1
THE PREAMBLE ................................................................................................................. 1
1.
INTRODUCTION ........................................................................................................................... 1
2.
ORGANIZATION OF THE PLAN .................................................................................................. 1
3.
LOCATION .................................................................................................................................... 1
4.
PURPOSE OF THE PLAN ............................................................................................................ 1
5.
BASIS ............................................................................................................................................ 2
6.
THE STRUCTURE OF PART 2 OF THE PLAN ............................................................................ 2
7.
SCHEDULES TO THE PLAN ........................................................................................................ 3
PART 2
4
COUNTY OF NORTHUMBERLAND OFFICIAL PLAN ....................................................... 4
A
VISION, GUIDING PRINCIPLES AND LAND USE CONCEPT ................................................... 4
A1
VISION .......................................................................................................................................... 4
A2
GUIDING PRINCIPLES ................................................................................................................. 5
A3
LAND USE CONCEPT .................................................................................................................. 7
A3.1
URBAN AREAS/RURAL SETTLEMENT AREAS ......................................................................... 7
A3.2
MAJOR EMPLOYMENT AREA ..................................................................................................... 7
A3.3
AGRICULTURAL AREA ................................................................................................................ 7
A3.4
RURAL AREA................................................................................................................................ 7
A3.5
NATURAL HERITAGE AREA ONE............................................................................................... 7
A3.6
NATURAL HERITAGE AREA TWO .............................................................................................. 7
A3.7
NATURAL HERITAGE SYSTEM .................................................................................................. 7
A4
OAK RIDGES MORAINE CONSERVATION PLAN ...................................................................... 8
A5
DELEGATION OF APPROVAL AUTHORITY ............................................................................... 8
A6
PLANNING PERIOD ..................................................................................................................... 8
A7
INTERPRETATION OF THIS OFFICIAL PLAN ............................................................................ 8
B
GROWTH MANAGEMENT ........................................................................................................... 9
B1
URBAN AREAS/RURAL SETTLEMENT AREAS ......................................................................... 9
B2
POPULATION FORECAST FOR 2051 BY MUNICIPALITY ......................................................... 9
B3
HOUSING FORECAST ................................................................................................................. 9
B4
EMPLOYMENT FORECAST FOR 2051 BY MUNICIPALITY ..................................................... 10
B5
INTENSIFICATION ..................................................................................................................... 10
B6
MINIMUM GREENFIELD DENSITY TARGET ............................................................................ 11
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
ii
B7
EFFECT OF FORECASTS ON EXISTING PLANNING APPROVALS WITHIN URBAN AREAS
AND RURAL SETTLEMENT AREAS ......................................................................................... 11
B8
SEWER AND WATER SERVICING ............................................................................................ 12
B7.1
PLANNING FOR SEWAGE AND WATER SERVICES............................................................... 12
B8.2
PREFERRED FORM OF SERVICNG ......................................................................................... 12
B9
HOUSING POLICIES .................................................................................................................. 13
B9.1
GOALS ........................................................................................................................................ 13
B9.2
GENERAL POLICIES .................................................................................................................. 14
B9.3
HOUSING AFFORDABILITY ...................................................................................................... 14
B10
LAND SUPPLY ............................................................................................................................ 15
B11
PLANNING FOR EMPLOYMENT AREAS AND USES .............................................................. 15
B12
REMOVING LANDS FROM EMPLOYMENT AREAS ................................................................. 16
B13
STRATEGIC GROWTH AREAS ................................................................................................. 16
B14
EXPANDING SETTLEMENT AREAS AND NEW SETTLEMENT AREAS ................................. 17
C
NATURAL HERITAGE AND WATER RESOURCES SYSTEMS .............................................. 18
C1
OBJECTIVES .............................................................................................................................. 18
C2
THE COUNTY'S NATURAL HERITAGE SYSTEM ..................................................................... 19
C3
COMPONENTS OF THE COUNTY'S NATURAL HERITAGE SYSTEM .................................... 19
C4
GENERAL POLICIES .................................................................................................................. 20
C4.1
CONSIDERATION OF CUMULATIVE IMPACTS ....................................................................... 20
C4.2
TRANSFER OF NATURAL HERITAGE FEATURES AND AREAS INTO PUBLIC OWNERSHIP
.................................................................................................................................................... 20
C4.3
AGRICULTURAL USES .............................................................................................................. 21
C4.4
ENVIRONMENTAL IMPACT STUDIES ...................................................................................... 21
C4.5
SIGNIFICANT WOODLANDS AND ANTHROPOGENIC DISTURBANCES .............................. 22
C4.6
ENHANCEMENTS TO THE NATURAL ENVIRONMENT .......................................................... 23
C5
WATERCOURSES ...................................................................................................................... 24
C5.1
FUNCTION OF WATERCOURSES ............................................................................................ 24
C5.2
PROTECTION OF WATERCOURSES ....................................................................................... 24
C6
WATER RESOURCES ................................................................................................................ 25
C6.1
POLICIES .................................................................................................................................... 25
C6.2
RESTRICTION ON DEVELOPMENT AND SITE ALTERATION ................................................ 25
C6.3
SOURCE PROTECTION PLANS................................................................................................ 26
C6.3.1
OVERVIEW ................................................................................................................................. 26
C6.3.2
WELLHEAD PROTECTION AREAS AND INTAKE PROTECTION ZONES .............................. 27
C6.4
STORMWATER MANAGEMENT ................................................................................................ 28
D
LAND USE DESIGNATIONS ...................................................................................................... 29
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
iii
D1
URBAN AREAS/RURAL SETTLEMENT AREAS ....................................................................... 29
D1.1
COMPLETE COMMUNITIES ...................................................................................................... 29
D1.2
GENERAL LAND USE OBJECTIVES FOR URBAN AREAS ..................................................... 29
D1.2.1
RESIDENTIAL AREAS ................................................................................................................ 29
D1.2.2
COMMERCIAL AREAS ............................................................................................................... 30
D1.2.3
EMPLOYMENT AREAS AND USES........................................................................................... 31
D1.2.4
OPEN SPACE AREAS ................................................................................................................ 32
D1.3
GENERAL LAND USE OBJECTIVES FOR RURAL SETTLEMENT AREAS ............................ 32
D1.4
PERMITTED USES IN URBAN AREAS AND RURAL SETTLEMENT AREAS ......................... 33
D1.5
DOWNTOWN AREAS ................................................................................................................. 33
D2
MAJOR EMPLOYMENT AREA ................................................................................................... 34
D2.1
OBJECTIVES .............................................................................................................................. 34
D2.2
PERMITTED USES ..................................................................................................................... 34
D2.3
DEVELOPMENT REQUIREMENTS ........................................................................................... 35
D2.4
SECONDARY PLANS ................................................................................................................. 36
D2.5
MAJOR EMPLOYMENT AREA SPECIAL POLICY AREA ......................................................... 37
D3
AGRICULTURAL AREA .............................................................................................................. 38
D3.1
OBJECTIVES .............................................................................................................................. 38
D3.2
LOCATION .................................................................................................................................. 38
D3.3
PERMITTED USES ..................................................................................................................... 38
D3.4
LOT CREATION ON LANDS IN THE AGRICULTURAL AREA DESIGNATION ........................ 39
D3.5
AGRICULTURE-RELATED USES .............................................................................................. 40
D3.6
ON-FARM DIVERSIFIED USES ................................................................................................. 40
D3.6.1
DEFINITION ................................................................................................................................ 40
D3.6.2
TYPES OF ON-FARM DIVERSIFIED USES .............................................................................. 40
D3.6.3
CHARACTERISTICS OF AN ON-FARM DIVERSIFIED USE .................................................... 41
D3.6.4
AGRI-TOURISM USES ............................................................................................................... 41
D3.6.5
FARM VACATION HOMES ......................................................................................................... 42
D3.7
BED AND BREAKFAST ESTABLISHMENTS ............................................................................ 42
D3.8
ACCESSORY ACCOMMODATION ON FARM PROPERTIES .................................................. 42
D3.9
HOME INDUSTRIES ................................................................................................................... 42
D3.10
OTHER NON-RESIDENTIAL USES ........................................................................................... 43
D3.11
LAND USE COMPATIBILITY ...................................................................................................... 43
D3.12
FUTURE SPECIALTY CROP AREAS ........................................................................................ 44
D4
RURAL AREAS ........................................................................................................................... 44
D4.1
OBJECTIVES .............................................................................................................................. 44
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
iv
D4.2
LOCATION .................................................................................................................................. 45
D4.3
LOT CREATION .......................................................................................................................... 45
D4.4
PERMITTED USES ..................................................................................................................... 45
D4.5
RECREATION AND TOURISM USES ........................................................................................ 46
D4.5.1
EXAMPLES OF PERMITTED RECREATIONAL TOURISM USES ........................................... 46
D4.5.2
CONDITIONS OF APPROVAL ................................................................................................... 46
D4.6
LAND USE COMPATIBILITY ...................................................................................................... 46
D5
OAK RIDGES MORAINE ............................................................................................................ 46
D6
NATURAL HERITAGE AREA ONE (NHA1) DESIGNATION OUTSIDE OF THE OAK RIDGES
MORAINE CONSERVATION PLAN ........................................................................................... 48
D6.1
LOCATION .................................................................................................................................. 48
D6.2
PERMITTED USES IN SIGNIFICANT WETLANDS AND SIGNIFICANT COASTAL WETLANDS
48
D7
NATURAL HERITAGE AREA TWO (NHA2) OVERLAY OUTSIDE OF THE OAK RIDGES
MORAINE CONSERVATION PLAN ........................................................................................... 49
D7.1
LOCATION .................................................................................................................................. 49
D7.2
PERMITTED USES ..................................................................................................................... 49
D8
OTHER GENERAL POLICIES THAT APPLY TO THE NHA1 DESIGNATION AND NHA2
OVERLAY .................................................................................................................................... 51
D8.1
ADJACENT LANDS .................................................................................................................... 51
D8.2
CRITERIA FOR SIGNIFICANT WOODLANDS .......................................................................... 52
D8.3
MINIMUM BUFFERS .................................................................................................................. 52
D9
NATURAL CORE AREA AND NATURAL LINKAGE AREA DESIGNATIONS WITHIN THE OAK
RIDGES MORAINE CONSERVATION PLAN ............................................................................ 53
D9.1
LOCATION .................................................................................................................................. 53
D9.2
PERMITTED USES ..................................................................................................................... 53
D9.3
CRITERIA FOR SIGNIFICANT WOODLANDS .......................................................................... 54
D10
SUPPORTING FEATURES AND AREAS (SFA) ........................................................................ 54
D10.1
LOCATION .................................................................................................................................. 54
D10.2
GENERAL DEVELOPMENT POLICIES ..................................................................................... 55
D10.3
DEVELOPMENT POLICIES - ENHANCEMENT AREAS ........................................................... 56
D10.4
DEVELOPMENT POLICIES - LINKAGE AREAS ....................................................................... 56
D11
IMPLEMENTING THE NATURAL HERITAGE AREA ONE AND NATURAL HERITAGE AREA
TWO AND TRANSITION ............................................................................................................. 56
E
RESOURCE AREAS AND CONSTRAINT AREAS ................................................................... 58
E1
CULTURAL HERITAGE RESOURCES ...................................................................................... 58
E1.1
TYPES OF CULTURAL HERITAGE RESOURCES ................................................................... 58
E1.2
HERITAGE POLICIES OBJECTIVES ......................................................................................... 58
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
v
E1.3
DESIGNATION OF INDIVIDUAL PROPERTIES UNDER THE ONTARIO HERITAGE ACT..... 58
E1.4
HERITAGE CONSERVATION DISTRICTS ................................................................................ 58
E1.5
IMPLEMENTATION .................................................................................................................... 59
E1.6
ARCHAEOLOGICAL RESOURCES ........................................................................................... 60
E1.7
MARINE ARCHAEOLOGICAL RESOURCES ............................................................................ 61
E1.8
MUNICIPAL PUBLIC WORKS .................................................................................................... 61
E1.9
ACCESSIBILITY AND HERITAGE CONSERVATION................................................................ 62
E1.10
TRENT-SEVERN WATERWAY NATIONAL HISTORIC SITE OF CANADA.............................. 62
E1.11
MINERAL EXTRACTION ............................................................................................................ 62
E2
MINERALS AND PETROLEUM RESOURCES .......................................................................... 62
E2.1
OBJECTIVES .............................................................................................................................. 62
E2.2
LOCATION .................................................................................................................................. 63
E2.3
PROTECTION OF LONG-TERM RESOURCE SUPPLY ........................................................... 63
E2.4
REHABILITATION ....................................................................................................................... 63
E3
MINERAL AGGREGATE RESOURCES ..................................................................................... 64
E3.1
OBJECTIVES .............................................................................................................................. 64
E3.2
LOCATION .................................................................................................................................. 64
E3.3
PROTECTION OF LONG TERM RESOURCE SUPPLY ........................................................... 65
E3.3.1
DEMONSTRATION OF NEED .................................................................................................... 65
E3.3.2
MINERAL AGGREGATE OPERATIONS .................................................................................... 65
E3.3.3
DEPOSITS OF MINERAL AGGREGATE RESOURCES ........................................................... 65
E3.4
WAYSIDE PITS AND QUARRIES .............................................................................................. 66
E3.5
NEW OR EXPANDING MINERAL AGGREGATE OPERATIONS .............................................. 66
E3.5.1
MINERAL AGGREGATE OPERATIONS IN PRIME AGRICULTURAL AREAS ........................ 66
E3.5.2
APPLICATION REQUIREMENTS ............................................................................................... 66
E4
NATURAL HAZARDS ................................................................................................................. 68
E4.1
HAZARDOUS LANDS ................................................................................................................. 68
E4.2
DEVELOPMENT AND SITE ALTERATION ................................................................................ 68
E4.3
ONTARIO REGULATIONS ......................................................................................................... 69
E4.4
KARST TOPOGRAPHY .............................................................................................................. 69
E4.5
WILDLAND FIRES ...................................................................................................................... 69
E5
HUMAN-MADE HAZARDS ......................................................................................................... 70
E5.1
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 ................................................. 70
E5.2
CONTAMINANTS IN LAND OR WATER .................................................................................... 70
E5.3
DEVELOPMENT ADJACENT TO KNOWN LANDFILL SITES ................................................... 70
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
vi
E5.4
CONTAMINATED LANDS ........................................................................................................... 71
E5.5
DEVELOPMENT ON HAZARDOUS LANDS AND HAZARDOUS SITES .................................. 72
E6
PROMOTING SUSTAINABLE DEVELOPMENT ........................................................................ 72
E6.1
HEALTH IMPACT ASSESSMENTS............................................................................................ 73
E6.2
PERFORMANCE CHECKLISTS ................................................................................................. 73
E6.3
GREEN DEVELOPMENT STANDARDS .................................................................................... 74
E7
LANDS OWNED BY THE PROVINCIAL AND FEDERAL GOVERNMENTS ............................. 75
F
GENERAL DEVELOPMENT POLICIES .................................................................................... 76
F1
SUBDIVISION OF LAND ............................................................................................................. 76
F1.1
PURPOSE OF THIS SECTION OF OFFICIAL PLAN ................................................................. 76
F1.2
CONDITIONS OF APPROVAL ................................................................................................... 76
F1.3
WHEN A PLAN OF SUBDIVISION IS REQUIRED ..................................................................... 76
F1.4
SUBDIVISION REVIEW CONSIDERATIONS ............................................................................ 77
F1.5
NEW LOTS BY CONSENT ......................................................................................................... 78
F1.5.1
GENERAL CRITERIA ................................................................................................................. 78
F1.5.2
BOUNDARY ADJUSTMENTS .................................................................................................... 79
F1.5.3
TECHNICAL SEVERANCES ...................................................................................................... 79
F2
TRANSPORTATION ................................................................................................................... 80
F2.1
OBJECTIVES .............................................................................................................................. 80
F2.2
ROAD NETWORK ....................................................................................................................... 81
F2.2.1
ROAD CLASSIFICATION SYSTEM............................................................................................ 81
F2.2.2
RIGHT-OF-WAY WIDTHS AND ROAD WIDENINGS ................................................................ 81
F2.2.3
COUNTY ROAD DESIGN STANDARDS .................................................................................... 82
F2.2.4
PEDESTRIAN AND CYCLING ROUTES AND FACILITIES ....................................................... 83
F2.2.5
PRIVATE ROADS ....................................................................................................................... 84
F2.2.6
PROVINCIAL HIGHWAYS .......................................................................................................... 84
F2.2.7
RAIL NETWORK ......................................................................................................................... 84
F2.2.8
DEVELOPMENT IN PLANNED CORRIDORS ........................................................................... 85
F2.3
NOISE AND VIBRATION ............................................................................................................ 85
F2.4
LAND USE COMPATIBILITY ...................................................................................................... 86
F2.5
ENERGY SUPPLY ...................................................................................................................... 86
G
IMPLEMENTATION AND ADMINISTRATION ........................................................................... 87
G1
INTRODUCTION ......................................................................................................................... 87
G2
OFFICIAL PLAN ADMINISTRATION .......................................................................................... 87
G3
LOCAL OFFICIAL PLAN CONFORMITY WITH COUNTY PLAN ............................................... 88
G4
LOCAL ZONING BY-LAWS ........................................................................................................ 88
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
vii
G5
SITE PLAN CONTROL ............................................................................................................... 88
G6
COMMUNITY IMPROVEMENT PLANS ..................................................................................... 89
G6.1
OBJECTIVES .............................................................................................................................. 89
G6.2
IMPLEMENTATION .................................................................................................................... 89
G7
PHASING OF DEVELOPMENT .................................................................................................. 90
G8
PUBLIC PARTICIPATION AND CONSULTATION ..................................................................... 90
G9
COMPLETE APPLICATIONS ..................................................................................................... 91
G9.1
OVERVIEW ................................................................................................................................. 91
G9.2
MINIMUM SUBMISSIONS REQUIREMENTS ............................................................................ 91
G9.3
SUPPLEMENTAL SUBMISSION REQUIREMENTS .................................................................. 91
G9.4
PRE-CONSULTATION ................................................................................................................ 93
G9.5
FLEXIBILITY ................................................................................................................................ 93
G9.6
QUALITY OF SUPPORTING STUDIES, PLANS OR ITEMS ..................................................... 94
G10
MONITORING ............................................................................................................................. 94
G11
DEVELOPMENT CHARGES ...................................................................................................... 94
G12
INTERPRETATION ..................................................................................................................... 94
G12.1
GENERAL ................................................................................................................................... 94
G12.2
INTERPRETATION OF LAND USE DESIGNATION BOUNDARIES ......................................... 94
G12.3
LEGISLATION ............................................................................................................................. 95
G12.4
ACCESSORY USES ................................................................................................................... 95
G12.5
PERMITTED USES ..................................................................................................................... 95
G12.6
MINIMUM STANDARDS ............................................................................................................. 95
G12.7
DEFINITIONS .............................................................................................................................. 95
PART 3
....................................................................................................................... 118
THE APPENDICIES ........................................................................................................ 118
APPENDIX A - KARST TOPOPGRAPHY ...................................................................................................... 118
PHASE 1 - DESKTOP STUDY AND SITE VISIT ........................................................................................... 118
PHASE 2 - FIELD-BASED KARST INVESTIGATION.................................................................................... 118
PHASE 3 - MITIGATION ................................................................................................................................ 119
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
1
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 Northumberland.
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 NORTHUMBERLAND OFFICIAL PLAN comprised of
text and attached Schedules A-1, A-2, B-1, B-2 and C 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
Northumberland, save and except for the lands within the boundary of the Alderville
First Nation and lands that are owned by the Province of Ontario.
4.
PURPOSE OF THE PLAN
The purpose of the County of Northumberland Official Plan is to provide direction
and a policy framework for managing growth and land use decisions over the
planning period to 2051.
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 Planning 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.
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
2
2
This Plan recognizes the importance of the land use planning responsibilities that
are vested with the local municipalities. Given that the County of Northumberland
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 local 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 Northumberland) 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 seven 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 first generation County Official 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, minerals and petroleum
resources and mineral aggregate resources. Direction is also provided in this Plan
on natural and human-made hazards.
In preparing the Official Plan for the County of Northumberland, 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 and in conformity with Provincial plans.
The vision, guiding principles, goals, objectives and policies contained in this Plan
are intended to guide the land use planning decisions of public authorities to 2051.
All local Official Plans and zoning by-laws shall conform to this Official Plan.
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
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
3
3
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 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 objectives and policies that
provide the basis for accommodating expected growth in the County to 2051.
Section C (Natural Heritage and Water Resource Systems) includes objectives
and policies on natural heritage and water resources.
Section D (Land Use Designations) sets out the land use designations that apply
in the County and the conditions under which development may be permitted within
those land use designations.
Section E (Resource Areas and Constraint Areas) contains objectives and
policies on cultural heritage, minerals and 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 F (General Development Policies) contains objectives and policies that,
where appropriate, must be considered as part of the land use planning process.
Section G (Plan Implementation and Administration) describes how the vision,
guiding principles, goals, objectives and policies of the Official Plan will be
implemented.
Certain terms in Parts B to G of this Plan that are shown in the italics are defined
in Section G12.7 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-1 - Settlement Structure and Natural Heritage System
Schedule A-2 - Land Use Designations
Schedule B-1 - Natural Heritage Features and Areas
Schedule B-2 - Resource Areas, Constraint Areas and Waste Management
Schedule C - Transportation
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
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PART 2
COUNTY OF NORTHUMBERLAND OFFICIAL
PLAN
(This is the Operative Part of the Official Plan)
A
VISION, GUIDING PRINCIPLES AND
LAND USE CONCEPT
A1
VISION
The primary purpose of the Official Plan is to provide the basis for managing growth
and change that will support and emphasize the County's unique character,
diversity, civic identity, urban and rural lifestyles and natural and cultural heritage
and to do so in a way that has the greatest positive impact on the quality of life in
the County. This will be accomplished by establishing a policy framework in the
Official Plan for the County that:
-
Provides the strategic direction required to realize common goals and
objectives;
-
Provides flexibility where flexibility is desired and strength where it is
needed;
-
Complements and supports local initiatives;
-
Informs and enhances the collaborative processes that now exist in the
County; and,
-
Recognizes the diversity that exists and builds on the strengths of the
County as a whole and each of its component parts.
The County of Northumberland is made up of a number of vibrant urban
communities and several smaller towns, hamlets and rural settlements and the
Alderville First Nations with a distinctive and enviable identity that comes from the
beauty and tranquility of the rural setting, the rolling hills, rivers and valleys on the
Oak Ridges Moraine and beyond and the shorelines of Lake Ontario, Rice Lake
and the Trent Severn Waterway National Historic Site. It is this geography that
makes Northumberland unique in the eastern Ontario context. The County
recognizes that these unique attributes in combination set it apart from other
places. The preservation and enhancement of these features while keeping pace
with the diverse needs of the community is at the forefront of the County's vision
for its future.
The County also views its future to be one of greater self-reliance. On this basis,
Northumberland County Official Plan
Consolidation: March 2, 2026 (OPA 1 and OPA 2)
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5
this Official Plan is intended to support managed growth that preserves the unique
features of the community, uses land wisely, elevates the quality of the built and
natural environments and provides diverse economic opportunities. The aim is to
provide choices for employment, housing, shopping, services and recreation and
culture. The intent is to also diversify and create a more vibrant local economy
through collaborative partnerships with existing businesses and through proactive
efforts to attract new industries and services.
The planning for Northumberland cannot occur in isolation of the planning that is
being undertaken in other parts of eastern and central Ontario. This Plan
anticipates that the population of the County will increase to 122,000 by 2051 and
employment will increase to 44,000 by 2051 and there are expectations that every
municipality in the County will accommodate some level of population and
employment growth.
In order to accommodate expected growth, it is the intent of the County through
this Official Plan to foster and require the development of a range and mix of uses
in appropriate locations to support the establishment of complete communities in
the County, where most of the daily needs of the residents and employees within
the community can be met. In doing so, every effort must also be made to plan for
a more healthy community, where residents and employees are encouraged to
lead more healthy lifestyles as a result of the provision of a range and mix of uses,
recreational amenities and open space areas.
However, a complete and healthy community cannot exist in the absence of
employment and providing for and encouraging a variety of employment uses in
Northumberland is considered to be a vital component of the long - term vision.
This means that there is a need to work together to develop County - wide
strategies for the benefit of all, recognizing that unique strategies may be required
in certain areas to reflect the local context and community make-up.
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, below are a series of guiding
principles that are intended to establish the basis for making land use planning
decisions in the future:
1. To recognize that the County is made up of a number of communities of different
sizes and identities that all combine to establish Northumberland's identity as a
desirable place to live, establish roots, learn and create diverse economic
opportunities.
2. To provide opportunities for economic development in both urban and rural
areas in a manner that fosters competitiveness and a positive and attractive
business environment.
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3. To direct most forms of development to urban areas where full services are
available and to support the efficient use of land and infrastructure to meet the
needs of present and future residents and businesses and ensure that an
adequate supply of land and housing choices are available for present and
future residents.
4. To protect and enhance the character of existing urban areas and rural
settlement areas, and to maintain them as diverse, livable, safe, thriving and
attractive communities.
5. 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.
6. To ensure that housing is available to all ages, abilities, incomes and household
sizes, and is located in areas near public transportation, jobs, and essential
goods and services.
7. To invest in, program and optimally maintain a diverse and interconnected
system of public spaces that feature convenient, and comfortable access,
encourage safe and healthy environments, minimize hazards and attract and
appropriately serve all components of the population.
8. To establish an integrated transportation system that safely and efficiently
accommodates various modes of transportation including trains, automobiles,
trucks, and public transit, cycling and walking.
9. To ensure that the construction of all infrastructure, or expansions to existing
infrastructure, occurs in a manner that is compatible with adjacent land uses
and minimizes social and environmental impacts, with consideration given to
the long term maintenance, operational and financial consequences of the
decision.
10. To protect natural heritage features and areas and their associated ecological
functions within and outside of the County's natural heritage system so that they
can be enjoyed by future generations and serve as a legacy to all peoples within
the County.
11. To work with the adjacent communities on matters of common interest, which
includes growth management, economic
development, transportation,
infrastructure, natural heritage, water resources and source water protection.
12. To require that local decision-making processes are transparent and evident to
the public through the provision of information, participatory tools, education,
and an open process.
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A3
LAND USE CONCEPT
Five land use designations and two overlays are included within this Plan, as
described in this Section of the Plan.
A3.1
URBAN AREAS/RURAL SETTLEMENT AREAS
The settlement areas in the County are divided into urban areas, which consist of
the six urban areas that have built boundaries (Brighton, Colborne, Campbellford,
Hastings, Cobourg and Port Hope) and thirty-nine other settlement areas that are
considered to be rural settlement areas.
A3.2
MAJOR EMPLOYMENT AREA
This designation applies to employment lands that are to be the site of employment
uses that benefit the County as a whole.
A3.3
AGRICULTURAL AREA
This designation applies to lands that are considered to be the County's prime
agricultural area.
A3.4
RURAL AREA
This designation applies to all lands outside of the urban areas and rural settlement
areas and which are not within the Agricultural Area designation.
A3.5
NATURAL HERITAGE AREA ONE
The Natural Heritage Area One designation applies to significant wetlands and
significant coastal wetlands.
A3.6
NATURAL HERITAGE AREA TWO
The Natural Heritage Area Two overlay includes significant Areas of Natural and
Scientific Interest, significant woodlands, significant valleylands, significant wildlife
habitat, fish habitat, habitat of endangered and threatened species, coastal
wetlands, and Regionally Important Wetlands.
A3.7
NATURAL HERITAGE SYSTEM
The Natural Heritage System is an overlay that applies to lands outside of
the urban areas and rural settlement areas. It is comprised of the previously
identified Growth Plan natural heritage system, Natural Core Areas and Natural
Linkage Areas established by the Oak Ridges Moraine Conservation Plan and
additional areas that have been identified by the County in accordance with
Provincially recommended technical criteria and best practices for the identification
of a natural heritage system.
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A4
OAK RIDGES MORAINE CONSERVATION PLAN
The land shown as being within the Oak Ridges Moraine on the Schedules to the
Plan are subject to the policies of the Oak Ridges Moraine Conservation Plan
(ORMCP), the policies of Section D5 and the policies affecting the ORMCP in local
Official Plans.
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 Northumberland.
Upon obtaining this approval authority function, the County shall support the
delegation of that approval authority, where permitted by the Planning Act or the
Minister of Municipal Affairs and Housing, to local municipalities.
A6
PLANNING PERIOD
The planning period for this Official Plan is to 2051. Notwithstanding the above,
the planning for infrastructure, public service facilities, strategic growth areas and
employment areas may extend beyond this time horizon.
A7
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.
Parts B to G 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. Policies are to be applied when making land use planning decisions. 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". Other policies use
enabling or supportive language, such as "should, promote and encourage".
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B
GROWTH MANAGEMENT
B1
URBAN AREAS/RURAL SETTLEMENT AREAS
Settlement areas shall be the focus of growth and development. Within settlement
areas, growth should be focused in, where applicable, strategic growth areas,
including major transit station areas.
B2
POPULATION FORECAST FOR 2051 BY
MUNICIPALITY
Forecasted growth to 2051 in Northumberland has been allocated by this Plan in
Table A as set out below:
TABLE A
POPULATION FORECAST FOR 2051 BY MUNICIPALITY
Municipality
2021 Population
2051 Population
Brighton
12,900
16,900
Trent Hills
13,700
16,600
Cobourg
20,800
32,100
Cramahe
6,700
8,200
Port Hope
17,500
25,900
Hamilton
11,200
13,200
Alnwick/Haldimand
7,400
8,700
Total
90,700
122,000
B3
HOUSING FORECAST
Forecasted household growth to 2051 in Northumberland has been allocated by
this Plan in Table B as set out below:
TABLE B
HOUSING FORECASTS FOR 2051 BY MUNICIPALITY
Municipality
Low Density
Medium
Density
High Density
Total
Brighton
1,315
715
275
2,305
Trent Hills
1,085
465
185
1,735
Cobourg
1,370
2,645
2,020
6,035
Cramahe
595
170
55
820
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Port Hope
1,635
1,740
1,120
4,495
Hamilton
965
0
0
965
Alnwick/
Haldimand
775
0
0
775
Total
7,740
5,730
3,650
17,120
B4
EMPLOYMENT FORECAST FOR 2051 BY
MUNICIPALITY
Forecasted employment growth to 2051 in Northumberland has been allocated by
this Plan in Table C as set out below:
TABLE C
EMPLOYMENT FORECAST FOR 2051 BY MUNICIPALITY
Municipality
2021 Employment
2051 Employment
Brighton
2,900
3,610
Trent Hills
4,620
5,990
Cobourg
12,710
17,760
Cramahe
1,780
1,950
Port Hope
7,060
10,680
Hamilton
1,690
2,160
Alnwick/Haldimand
1,470
1,710
Total
32,370
44,000
B5
INTENSIFICATION
In order to maximize opportunities for intensification, each of the local
municipalities with an urban area shall update its Official Plan to support
intensification and redevelopment by:
a)
Identifying strategic growth areas to support achievement of intensification
and redevelopment and recognizing them as a key focus for development;
b)
Identifying the appropriate type and scale of development in strategic
growth areas and transition of built form to adjacent areas;
c)
Encouraging intensification generally throughout the urban area;
d)
Directing that the implementing zoning by-law pre-zone lands for
intensification and redevelopment, particularly in strategic growth areas to
Municipality
Low Density
Medium Density
High Density
Total
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support the achievement of complete communities;
e)
Directing that the implementing zoning by-law permit multiple dwelling types
in areas that have been traditionally zoned to permit only single detached
dwellings; and
f)
Directing that the implementing zoning by-law permit additional dwelling
units throughout the urban area.
B6
MINIMUM GREENFIELD DENSITY TARGET
a)
Local municipalities with urban areas shall plan to achieve within the
horizon of this Plan a minimum density target that is not less than 40
residents and jobs combined per hectare within new development areas
that are adjacent to the existing built-up area.
b)
The minimum density target shall exclude natural heritage features and
areas and floodplains, provided development is prohibited in these areas.
c)
In cases where major development is proposed in new development areas,
it shall be demonstrated that:
i)
The proposed development will generally serve as a logical
extension to the existing built-up area, is compact and has a mix of
uses to allow for the efficient use of land, infrastructure and public
service facilities;
ii)
The proposal will contribute to the availability of a range of housing
choices (e.g. density, form, and price) in new development areas;
iii)
All of the other infrastructure and public service facilities required to
service the development is available or to be provided, with such
infrastructure and public service facilities being used as efficiently
as possible; and
iv)
Access is provided in a manner that supports the provision of
essential emergency services, active transportation, efficient
transportation patterns, and/or linkages with adjacent existing or
planned development.
B7
EFFECT OF FORECASTS ON EXISTING PLANNING
APPROVALS WITHIN URBAN AREAS AND RURAL
SETTLEMENT AREAS
The urban area population and employment forecasts set out in Tables A 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.
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B8
SEWER AND WATER SERVICING
B7.1
PLANNING FOR SEWAGE AND WATER SERVICES
Planning for sewer and water services shall:
a)
Accommodate forecasted growth in a timely manner that promotes the
efficient use and optimization of existing municipal sewage services and
municipal water services and existing private communal sewage services
and private communal water services;
b)
Ensure that these services are provided in a manner that:
i)
can be sustained by the water resources upon which such services
rely;
ii)
is feasible and financially viable over their life cycle;
iii)
protects human health and safety, and the natural environment,
including the quality and quantity of water; and
iv)
aligns with comprehensive municipal planning for these services,
where applicable.
c)
Promote water and energy conservation and efficiency;
d)
Integrate servicing and land use considerations at all stages of the planning
process;
e)
Consider opportunities to allocate, and re-allocate if necessary, the unused
system capacity of municipal water services and municipal sewage services
to support efficient use of these services to meet current and projected
needs for increased housing supply; and
f)
Be in accordance with the servicing options outlined in Section B8.2.
B8.2
PREFERRED FORM OF SERVICNG
a)
Municipal sewage services and municipal water services are the preferred
form of servicing in settlement areas where such services are provided to
support protection of the environment and minimize potential risks to human
health and safety. For the purposes of this policy, municipal sewage
services and municipal water services include both centralized servicing
systems and decentralized servicing systems.
b)
Where municipal sewage services and municipal water services are not
available, planned or feasible, private communal sewage services and
private communal water services are the preferred form of servicing for
multi-unit/lot development to support protection of the environment and
minimize potential risks to human health and safety.
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c)
Where municipal sewage services and municipal water services or private
communal sewage services and private communal water services are not
available, planned or feasible, 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.
d)
At the time of each local Official Plan review or update, planning authorities
should assess the long-term impacts of individual on-site sewage services
and individual on-site water services on environmental health and the
financial viability or feasibility of other forms of servicing set out in sub-
sections b) and c).
e)
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;
ii)
within 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; or
iii)
within rural settlement areas where new development will be
serviced by individual on-site water services in combination with
municipal sewage services or private communal sewage services.
f)
In rural areas, where partial services have been provided to address failed
services in accordance with sub-section e) i), infilling on existing lots of
record may be permitted where this would represent a logical and financially
viable connection to the existing partial service and provided that site
conditions are suitable for the long-term provision of such services with no
negative impacts.
g)
Planning authorities may allow lot creation where there is confirmation of
sufficient reserve sewage system capacity and reserve water system
capacity.
B9
HOUSING POLICIES
B9.1
GOALS
It is the goal of this Plan to meet the County's current and future housing needs by:
a)
Ensuring the provision of an appropriate range and mix of housing options
and densities to meet the projected needs of current and future residents;
b)
Assisting in the achievement of residential intensification and affordable
housing by encouraging opportunities for mixed-use development in
appropriate locations;
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c)
Permitting the development of additional residential units in accordance
with the Planning Act;
d)
Encouraging the use of surplus public lands for affordable housing only if
the site is appropriate for such a use and located where the use would be
compatible with adjacent uses;
e)
Encouraging the development of seniors housing in the County;
f)
Encouraging the development of additional needs housing in the County;
g)
Supporting universal physical access and encourage the building industry
to incorporate such features in new residential structures;
h)
Encouraging the development and redevelopment of lands within
settlement areas and in appropriate locations at higher densities to
maximize the use of infrastructure; and,
i)
Encouraging the redevelopment of brownfield properties and incentives to
achieve it.
B9.2
GENERAL POLICIES
The County supports:
a)
Residential intensification and redevelopment within urban areas and rural
settlement areas, where an appropriate level of infrastructure and public
service facilities are or will be available in the immediate future and subject
to the policies of this Plan;
b)
The development of additional needs housing;
c)
The maintenance and improvement of the existing housing stock through
local maintenance and occupancy standards by-laws;
d)
The utilization of available programs and/or funding, if any, from applicable
levels of government for assisted housing for households, including
additional needs housing, as well as programs to rehabilitate older
residential areas; and,
e)
The consideration of reductions in Development Charges payable for new
affordable housing where appropriate.
B9.3
HOUSING AFFORDABILITY
The County and the local municipalities shall provide for an appropriate range and
mix of housing options and densities to meet projected needs of current and future
residents in the County by establishing and implementing minimum targets for the
provision of housing that is affordable to low and moderate income households,
and coordinating land use planning and planning for housing with Service
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Managers to address the full range of housing options including affordable housing
needs.
B10
LAND SUPPLY
All of the urban areas in the County are collectively required to:
a)
Maintain at all times the ability to accommodate residential growth for a
minimum of 15 years through 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 residential units
available through lands through lands that are suitably zoned, including
those dwelling units in draft approved and registered plans.
B11
PLANNING FOR EMPLOYMENT AREAS AND USES
a)
All planning authorities in the County shall plan for, protect and preserve all
employment areas in urban areas and rural settlement areas by:
i)
Planning for employment area uses over the long-term that require
those locations including manufacturing, research and development
in connection with manufacturing, warehousing and goods
movement, and associated retail and office uses and ancillary
facilities;
ii)
Prohibiting residential uses, commercial uses, public service
facilities and other institutional uses in employment areas;
iii)
Prohibiting retail and office uses that are not associated with the
primary employment use;
iv)
Prohibiting other sensitive land uses that are not ancillary to uses
permitted in the employment area; and
v)
Including an appropriate transition to adjacent non-employment
areas to ensure land use compatibility and economic viability.
b)
When reviewing Official Plans, local municipalities shall assess and update
the identification of employment areas to ensure that this designation is
appropriate to the planned function of employment areas.
c)
In planning for employment areas, planning authorities shall maintain land
use compatibility between sensitive land uses and employment areas in
accordance with Section F2.4 to maintain the long-term operational and
economic viability of the planned uses and function of these areas.
d)
Industrial, manufacturing and small-scale warehousing uses that could be
located adjacent to sensitive land uses without adverse effects are
encouraged in strategic growth areas and other mixed-use areas where
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frequent transit service is available, outside of employment areas.
e)
In addition to Section F2.4, on lands within 300 metres of employment
areas, development shall avoid, or where avoidance is not possible,
minimize and mitigate potential impacts on the long term economic viability
of employment uses within existing or planned employment areas, in
accordance with Provincial guidelines.
B12
REMOVING LANDS FROM EMPLOYMENT AREAS
Local municipalities may remove lands from employment areas within settlement
areas only where it has been demonstrated that:
a)
there is an identified need for the removal and the land is not required for
employment area uses over the long term;
b)
the proposed uses would not negatively impact the overall viability of the
employment area by:
i)
avoiding, or where avoidance is not possible, minimizing and
mitigating potential impacts to existing or planned employment area
uses in accordance with Section F2.9.4;
ii)
maintaining access to major goods movement facilities and
corridors;
c)
existing or planned infrastructure and public service facilities are available
to accommodate the proposed uses; and
d)
the municipality has sufficient employment lands within settlement areas to
accommodate projected employment growth to the horizon of this Plan.
B13
STRATEGIC GROWTH AREAS
a)
Local municipalities are encouraged to identify and focus growth and
development in strategic growth areas.
b)
To support the achievement of complete communities, a range and mix of
housing options, intensification and more mixed-use development, strategic
growth areas should be planned:
i)
to accommodate significant population and employment growth;
ii)
as focal areas for education, commercial, recreational, and cultural
uses;
iii)
to accommodate and support the transit network and provide
connection points for inter- and intra-regional transit; and
iv)
to support affordable, accessible, and equitable housing.
c)
Local municipalities should:
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i)
prioritize planning and investment for infrastructure and public
service facilities in strategic growth areas;
ii)
identify the appropriate type and scale of development in strategic
growth areas and the transition of built form to adjacent areas;
iii)
permit development and intensification in strategic growth areas to
support the achievement of complete communities and a compact
built form;
iv)
consider a student housing strategy when planning for strategic
growth areas; and
v)
support redevelopment of commercially-designated retail lands
(e.g., underutilized shopping malls and plazas), to support mixed-
use residential.
B14
EXPANDING SETTLEMENT AREAS AND NEW
SETTLEMENT AREAS
a)
In identifying a new settlement area or allowing a settlement area boundary
expansion, the County with input from the local municipality shall consider
the following:
i)
the need to designate and plan for additional land to accommodate
an appropriate range and mix of land uses;
ii)
if there is sufficient capacity in existing or planned infrastructure and
public service facilities;
iii)
whether the applicable lands comprise specialty crop areas;
iv)
the evaluation of alternative locations which avoid prime agricultural
areas and, where avoidance is not possible, consider reasonable
alternatives on lower priority agricultural lands in prime agricultural
areas;
v)
whether the new or expanded settlement area complies with the
minimum distance separation formulae;
vi)
whether impacts on the agricultural system are avoided, or where
avoidance is not possible, minimized and mitigated to the extent
feasible as determined through an agricultural impact assessment
or equivalent analysis, based on provincial guidance; and
vii)
the new or expanded settlement area provides for the phased
progression of urban development.
Notwithstanding sub-section a), the County may identify a new settlement area only
where it has been demonstrated that the infrastructure and public service facilities
to support development are planned or available.
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C
NATURAL HERITAGE AND WATER
RESOURCES SYSTEMS
C1
OBJECTIVES
It is the objective of this Plan to:
a)
Maintain, restore, or where possible, improve the diversity and connectivity
of natural features in the County, and the long-term ecological function and
biodiversity of natural heritage systems recognizing linkages between and
among natural heritage features and areas, surface water features and
ground water features;
b)
Establish a resilient, interconnected natural heritage system that preserves
and enhances natural features, ecological functions and native biodiversity,
contributes to healthy watersheds, recognizes the important role the
agricultural and rural landscape plays in the system, and maintains the
unique natural landscape and geography of the County for future
generations;
c)
Identify and maintain linkages and related functions among ground water
features, hydrologic functions, natural heritage features and areas, and
surface water features including shoreline areas;
d)
Recognize the role and value of compatible and complementary agricultural
and rural uses in and adjacent to the natural heritage system and recognize
that flexible approaches to existing uses in the natural heritage system are
required;
e)
Recognize the important role the natural heritage system plays in mitigating
the impacts of climate change by protecting and enhancing natural heritage
features and areas, ecological functions, and connections within the
system.
f)
Encourage the acquisition of land that is the site of natural heritage features
and areas by public authorities or non-profit land trusts for conservation
purposes;
g)
Discourage the introduction, planting and/or use of invasive non-native
species to minimize their impact on the County's biodiversity;
h)
Provide the tools to properly assess development applications located in
close proximity to natural heritage features;
i)
Ensure that development is appropriately setback and buffered from natural
heritage features and areas; and
j)
Provide opportunities, where appropriate, for passive outdoor recreational
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activities in the natural heritage system provided the features and ecological
functions are not adversely impacted.
C2
THE COUNTY'S NATURAL HERITAGE SYSTEM
The Natural Heritage System is an overlay that applies to lands outside of the
urban areas and rural settlement areas as shown on Schedule A-1 to this Plan.
It is comprised of the Previously identified Growth Plan Natural Heritage System,
Natural Core Areas and Natural Linkage Areas established by the Oak Ridges
Moraine Conservation Plan and additional areas that have been identified by the
County in accordance with Provincially recommended technical criteria and best
practices for the identification of a natural heritage system. Components of the
natural heritage system are identified on Schedule B-1 to this Plan and are listed
in Section C3 of this Plan.
It is the intent of this Plan a resilient, interconnected natural heritage system that
preserves and enhances natural features, ecological functions and native
biodiversity, contributes to healthy watersheds, recognizes the important role the
agricultural and rural landscape plays in the system, and maintains the unique
natural landscape and geography of the County for future generations be
maintained and improved through the life of this Plan.
C3
COMPONENTS OF THE COUNTY'S NATURAL
HERITAGE SYSTEM
a)
The following are components of the County's natural heritage system:
i)
The previously identified Natural Heritage System for the Growth
Plan;
ii)
Natural heritage features and areas that are identified Natural
Heritage Area One and Natural Heritage Area Two on Schedule A-
2 to this Plan;
iii)
Lands that are designated as Natural Core Areas and Natural
Linkage Areas by the Oak Ridges Moraine Conservation Plan as
shown on Schedule A-2 to this Plan;
iv)
Watercourses (permanent and intermittent); and
v)
Other supporting features and areas that are shown on Schedule
B-1 to this Plan.
b)
Once the policies in this Plan on the Natural Heritage System overlay,
Natural Heritage Area One designation and Natural Heritage Area Two
overlay have been approved in accordance with the Planning Act, all
subsequent Planning Act decisions shall conform to this Plan.
c)
Local municipalities are required to incorporate the Natural Heritage
System overlay in their local Official Plans.
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d)
The limits of the Natural Heritage System overlay, the Natural Heritage Area
One designation and Natural Heritage Area Two overlay may by refined by
local municipalities in their local Official Plans on the basis of updated
information and/or detailed studies in consultation with the County, except
for boundaries of Areas of Natural and Scientific Interest which are to be
reviewed and approved by the Province.
C4
GENERAL POLICIES
C4.1
CONSIDERATION OF CUMULATIVE IMPACTS
a)
The consideration of cumulative impacts shall be required through the
preparation of environmental impact studies.
b)
Cumulative impacts shall be assessed on the base conditions that existed
from the time the approval authority first requires impact studies to be
completed.
c)
Where development or site alteration applications are considered, the
proponent shall be required to provide an overview of previous studies as
provided by the approval authority (if available), related to development
impacts on the same or adjacent feature as it relates to impacts on the
natural heritage system and the water balance of features.
d)
In addition to the above, any assessment of impact must include a
description of cumulative impacts that have occurred prior to the impact
assessment being undertaken.
C4.2
TRANSFER OF NATURAL HERITAGE FEATURES AND
AREAS INTO PUBLIC OWNERSHIP
a)
The County may work with the local municipalities and other public
agencies and/or non-profit land trust organizations to develop and
implement a land securement strategy that would result in the transfer of
private lands with natural heritage attributes into public ownership.
However, given the financial limitations of every level of government and
consistent with the principle of land stewardship, this policy does not imply
that natural heritage features and areas will be purchased by the County or
other public or non-profit agencies.
b)
The County and the local municipalities shall consider opportunities to
obtain, through dedication, lands with natural heritage attributes through the
development approval process.
c)
Arrangements for the conveyance of natural heritage features and areas
into public ownership shall be undertaken before or concurrent with the
approval of development applications through the development approval
process.
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C4.3
AGRICULTURAL USES
Nothing in this plan is intended to limit the ability of agricultural uses to continue in
areas that are the site of a natural heritage feature and area including lands within
the Natural Heritage Area One designation, Natural Heritage Area Two overlay and
supporting features and areas identified on Schedule B-1.
C4.4
ENVIRONMENTAL IMPACT STUDIES
a)
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 of the Plan.
b)
An EIS required under the policies of this Plan shall be submitted with the
development application and shall be prepared and signed by a qualified
person in accordance with relevant environmental impact study guidelines
in addition to the relevant policies of this Plan.
c)
An EIS shall include a detailed inventory of the on-site conditions, including
detailed inventory and ecological land classification mapping of vegetation
communities, and inventories for natural heritage features and species
using accepted methods, criteria, and survey protocols undertaken at the
appropriate time of year. This inventory and characterization shall extend
to adjacent lands, with field surveys undertaken where permission to enter
is granted.
d)
The approval authority may scope or waive the requirement for an EIS to
support a development proposal within or adjacent to natural heritage
features and areas if, in the opinion of the approval authority the proposed
development is minor and is not anticipated to have a negative impact on
the natural heritage feature and area or its ecological functions or if the
policies of this Plan provide an exception to the submission of an EIS
related to the natural heritage feature and area.
e)
The approval authority, in consultation with the appropriate Conservation
Authority and Parks Canada as appropriate, must be satisfied with an EIS
prior to the granting of development approvals. The recommendations of an
EIS shall be implemented through Official Plan Amendments, zoning by-
laws, subdivision conditions, site plan control, and/or applicable regulations.
f)
The approval authority may require an independent peer review of an EIS,
with the costs to be borne by the applicant.
g)
The purpose of an EIS is to:
i)
Collect and evaluate the appropriate information in order to have a
complete understanding of the boundaries, attributes and functions
of natural heritage features and areas and associated ecological
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and hydrological functions that exist on the subject lands and/or
adjacent lands;
ii)
Determine whether there are any additional natural heritage
features and areas on the subject lands and nearby lands and that
meet the accepted criteria established by the Province, as amended
from time to time;
iii)
Undertake a comprehensive impact analysis in order to determine
whether or not the proposed development and/or site alteration will
have a negative impact on natural heritage features and areas and
their ecological functions;
iv)
Propose appropriate mitigation measures or revisions to the
proposed development and/or site alteration to reduce or avoid
negative impacts;
v)
Clearly articulate any negative impacts that cannot be avoided or
mitigated;
vi)
Where appropriate, recommend monitoring provisions to evaluate
the long-term effectiveness of the identified mitigation measures;
and
vii)
Demonstrate that the proposed development and/or site alteration
supports the County's objectives for the natural heritage system.
C4.5
SIGNIFICANT WOODLANDS AND ANTHROPOGENIC
DISTURBANCES
a)
Where a feature was identified as a significant woodland as of the date of
approval of this Plan and no longer meets the definition of significant
woodland due to either a natural or unauthorized anthropogenic
disturbance, the feature shall retain its status as a significant woodland
and the policies of this Plan protecting significant woodlands will continue
to apply.
b)
Notwithstanding the above, this Plan recognizes that the ecological
functions of some significant woodlands or other woodlands or portions
thereof in urban areas, rural settlement areas or in developed shoreline
areas may be substantially compromised as a result of prior land use
activity and as a result would be difficult to restore and/or manage as a
native woodland. In cases such as these, consideration can be given to
reclassifying all or a portion of such a woodland as a cultural and
regenerating woodland. Woodlands (including plantations) established
and/or managed for the purpose of restoring a native tree community
cannot be classified as cultural and regenerating woodlands.
c)
In order for a woodland to be identified as a cultural and regenerating
woodland, all of the following must be met, as determined through an
environmental impact study:
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i)
The woodland is regenerating, typically with a dominant proportion
of woody species being invasive and non-native (e.g., Norway
Maple, Manitoba Maple, Siberian Elm, Scots Pine, European
Buckthorn, White Mulberry, Tree-of-heaven, Apple, White Poplar,
etc.);
ii)
The area was not treed approximately 20 to 30 years ago as
determined through air photo interpretation or other suitable
technique;
iii)
The soils have been degraded, through compaction, topsoil removal
or as a result of substantial erosion from over-use and/or if the
woodland may be regenerating on fill; and
iv)
There is limited ability to maintain or restore self-sustaining
ecological functions typical of native woodlands.
d)
If the tests set out in Section C4.5 c) have been satisfied to the satisfaction
of the approval authority, the removal of the treed area of a cultural and
regenerating woodland may be permitted subject to preparing a woodland
enhancement plan that demonstrates an enhancement in woodland area is
achieved, either on the same property or in the immediate area.
C4.6
ENHANCEMENTS TO THE NATURAL ENVIRONMENT
The County supports enhancements to the natural heritage system to support
ecological functions and improve ecological integrity of the natural heritage system.
Enhancements can be as a result of a range of specific actions being undertaken
by a landowner, developer, or public agency.
Where the preparation of a subwatershed study or an environmental impact study
is required, the study will demonstrate how enhancements to ecological function,
ecological integrity, or biodiversity of the natural heritage system can be achieved,
and will be implemented, through for example:
a)
increases in the spatial extent of a feature or features;
b)
increases in biological and habitat diversity;
c)
enhancement of ecological system function;
d)
enhancement of wildlife habitat;
e)
enhancement or creation of wetlands, water systems or woodlands;
f)
enhancement of riparian corridors;
g)
enhancement of ecological services;
h)
enhancement of groundwater recharge areas; and,
i)
establishment or enhancement of linkages or connectivity between natural
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heritage features and areas.
C5
WATERCOURSES
C5.1
FUNCTION OF WATERCOURSES
Watercourses that flow within the boundaries of the County are an integral part,
and contribute to the health and function of the County's natural heritage system
since they:
a)
Contain fish and wildlife habitat areas;
b)
Function as corridors for wildlife habitat movement and vegetation
dispersal;
c)
Serve to maintain the quality and quantity of surface and groundwater
resources;
d)
Assist in the improvement of air quality;
e)
Provide base flow and food supply to downstream areas; and,
f)
Provide stormwater conveyance and control.
C5.2
PROTECTION OF WATERCOURSES
a)
It is the intent of this Plan to recognize the importance of the ecological
function of all watercourses, and their associated floodplains, valleys and
stream corridors, which can serve as key components and linkages in the
County's natural heritage system. Watercourses are generally shown on
the schedules to this Plan.
b)
The County encourages the regeneration of natural areas near
watercourses and the protection of headwater areas for maintaining natural
hydrological processes within a watershed.
c)
New development in the form of buildings and structures and septic
systems shall be located a minimum of 30 metres from the stable top of
bank of a watercourse. This setback requirement must be met by all
development unless more appropriate setbacks are recommended in
accordance with an approved Subwatershed study, Environmental Impact
Study or Geotechnical study in consultation with the appropriate
Conservation Authority.
d)
In all cases where development is proposed adjacent to a watercourse, the
approval authority shall be satisfied that the proposed development can be
safely accommodated without there being a negative impact on the features
and functions of the watercourse and its associated valley corridor.
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C6
WATER RESOURCES
C6.1
POLICIES
The County and the local municipalities 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;
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.
C6.2
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
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required in order to protect, improve or restore sensitive surface water
features, sensitive ground water features, and their hydrologic functions.
c)
Large development proposals (i.e. greater than 5 lots, resort/condominium
development) in unserviced shoreline areas must be supported with a Site
Evaluation Report prepared in accordance with the Ministry of the
Environment and Climate Change guidelines. 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, type of soils, stormwater management
and nature of vegetation.
d)
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 with non-disturbance of the native soils and very limited removal of
shoreline vegetation. For existing lots of record, new development should
be set back 30 metres if feasible, otherwise as far back as possible.
C6.3
SOURCE PROTECTION PLANS
C6.3.1
Overview
a)
Within the County of Northumberland two Source Protection Plans have
been prepared in compliance with the Clean Water Act, 2006. These plans
are the Trent Source Protection Plan and the Ganaraska Source Protection
Plan. Both plans have been submitted to the Ministry of the Environment
for approval and readers should refer to these plans for specific policies that
may restrict or prohibit certain existing and future land uses or activities.
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 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, referred to as "Source
Protection Plan Policy Applicable Areas" (SPP Policy Applicable Area) will
be shown in local Official Plans.
d)
Within 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 otherwise restricted by those
Source Protection Plan policies.
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e)
Where required by policies in an approved Source Protection Plan, the local
municipalities shall circulate all development applications or proposed land
use changes to the Risk Management Official (RMO) for applications within
a SPP Policy Applicable Area. Where the Source Protection Plan does not
require an RMO notice, the municipality can be satisfied that the proposal
will not include activities that would be a significant threat in the location
proposed.
C6.3.2
Wellhead Protection Areas and Intake Protection Zones
SPP Policy Applicable 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 use activities permitted by the underlying land use
designations, shown on the Schedules to this Plan, land use activities which
have been identified by a Source Protection Plan as being prohibited within
SPP Policy Applicable Areas shall not be permitted.
b)
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 SPP Policy Applicable Area 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.
c)
Legally existing uses that are located within a SPP Policy Applicable Area,
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 SPP Policy Applicable Area.
d)
A person shall not make an application under a provision of the Planning
Act at any location within a SPP Policy Applicable Area where threats to
drinking water could be significant 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.
e)
Future Wellhead Protection Areas and Intake Protection Zones or
amendments to highly vulnerable aquifers or significant ground water
recharge areas, identified by an appropriate agency, such as a local
municipality, a conservation authority or the Ministry of Environment and
Climate Change, shall be implemented by an amendment to this Plan.
f)
Nothing in this plan limits the local municipality in being more restrictive in
the protection of municipal drinking water sources and aquifer/groundwater
vulnerable areas.
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C6.4
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.
b)
In order to control flooding, ponding, erosion and sedimentation and to
protect water quality and aquatic habitat or other natural habitat which
depend on watercourses and other water bodies for their existence,
stormwater management plans shall be required for any new development
consisting of more than four lots or for commercial or industrial
developments with large amounts of impervious area. Stormwater
management will be undertaken in accordance with Ministry of Environment
and Climate Change (MOECC) Guideline "Stormwater Management
Planning and Design Manual, 2003.
c)
The County and the local municipalities shall require the use of stormwater
management facilities downstream of new developments, where
appropriate, to mitigate development impacts on stormwater quantity and
quality.
d)
The development of naturalized stormwater management facilities,
constructed with gentle slopes is promoted, and should be designed in
accordance with the Ministry of the Environment and Climate Change
guidelines.
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D
LAND USE DESIGNATIONS
This Section of the Official Plan contains goals, objectives and policies with respect
to the land use designations on Schedule A-2. Additional policy direction is
provided through local Official Plans. This section of the Official Plan also includes
policies affecting lands that are subject to the Oak Ridges Moraine Conservation
Plan (ORMCP).
D1
URBAN AREAS/RURAL SETTLEMENT AREAS
D1.1
COMPLETE COMMUNITIES
The County encourages each of the six urban areas to become 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.
For the purposes of this Plan, Warkworth is considered to be a rural settlement
area where full municipal services are provided, and the policies of this Plan
respecting urban areas in Section D of this Plan also apply to Warkworth.
D1.2
GENERAL LAND USE OBJECTIVES FOR URBAN AREAS
The following sections set out general land use objectives for residential,
commercial, employment and open space areas within urban areas that are shown
on Schedule A-2 of this Plan.
D1.2.1
Residential Areas
It is the objective of this Plan to:
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a)
Maintain and enhance the character and identity of existing residential
areas;
b)
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;
c)
Promote the efficient use of existing and planned infrastructure and public
service facilities by supporting opportunities for various forms of residential
intensification, where appropriate;
d)
Encourage increases in density in new development areas to maximize the
use of infrastructure and minimize the amount of land required for new
development;
e)
Promote a variety of complementary and compatible land uses in residential
areas including additional needs housing, community facilities, schools,
small-scale commercial uses and recreational open space areas;
f)
Encourage a high standard of urban design for development and
redevelopment;
g)
Encourage local municipalities to establish comprehensive design
guidelines and policies to foster the establishment of communities that are
safe, functional and attractive; and,
h)
Implement street designs that provide for pedestrian, cycling and other non-
motorized modes of transportation to help create more healthy and
complete communities.
D1.2.2
Commercial Areas
It is the objective of this Plan to:
a)
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)
Encourage and promote development that combines commercial,
residential and other land uses to facilitate the more efficient use of urban
land and the establishment of a pedestrian environment;
c)
Promote the efficient use of existing and planned infrastructure by creating
the opportunity for various forms of commercial and residential
intensification, where appropriate;
d)
Encourage the protection of existing commercial areas to ensure that their
function as neighbourhood and community gathering places is retained;
e)
Encourage the continued revitalization of traditional and emerging main
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street areas which reflects their heritage significance and which promotes
a mix of uses and attractions for retail, other community uses and activities,
and tourism; and,
f)
Encourage good urban design to improve the aesthetic quality of retail
corridors in the County to ensure that they function as attractive destinations
for shoppers from the County and the surrounding area.
D1.2.3
Employment Areas and Uses
It is the objective of this Plan to:
a)
Monitor and ensure that there is a supply of land to 2051 for all types of
employment uses to meet forecasted needs in a number of different settings
and locations at all times;
b)
Recognize that there are many types of employment in the County and that
each has different locational requirements that are necessary to support
their continued viability;
c)
Provide for an appropriate mix and range of employment, institutional uses
and broader mixed uses to meet long-term needs;
d)
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;
e)
Identify strategic sites for investment in this Plan through the establishment
of Major Employment Areas and other areas and encourage local
municipalities to do the same in their Official Plans;
f)
Monitor the availability and suitability of employment sites, including
market-ready sites, and seek to address potential barriers to investment;
g)
Encourage intensification of employment uses and compatible, compact,
mixed-use
development
to
support
the
achievement
complete
communities;
h)
Ensure that the necessary infrastructure is provided to support current and
projected needs;
i)
Plan for, protect and preserve employment areas for current and future uses
and ensure that the necessary infrastructure is provided to support current
and projected needs;
j)
Protect employment areas in proximity to major goods movement facilities
and corridors for employment uses that require those locations and which
can be serviced by full municipal sewer and water services within the
planning period; and,
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k)
Encourage a high standard of urban design for development and
redevelopment.
D1.2.4
Open Space Areas
It is the objective of this Plan to:
a)
Encourage the establishment and maintenance of a system of public open
spaces, parkland and recreational facilities that meets the needs of present
and future residents;
b)
Encourage the enhancement of existing parkland areas wherever possible
to respond to changing public needs and preferences;
c)
Ensure that appropriate amounts and types of parkland are acquired by
local municipalities through the development process;
d)
Encourage the dedication and donation of environmentally sensitive lands
into public ownership to ensure their continued protection; and,
e)
Encourage the development of a walking and cycling trail system within the
open space system that is accessible to the public utilizing trails, paths,
streets and other public open spaces.
D1.3
GENERAL LAND USE OBJECTIVES FOR RURAL
SETTLEMENT AREAS
The following objectives are intended to be considered by the local municipalities
in 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 enhance the character and identity of rural settlement
areas;
b)
To encourage the provision of a range of housing types to accommodate
persons with diverse social and economic backgrounds and needs provided
appropriate servicing is available;
c)
To promote the efficient use of existing and planned infrastructure and
public services facilities;
d)
To encourage the development of commercial uses that supports the local
residents and the general area;
e)
To encourage the continued revitalization of historic main streets and
promote a mix of uses and attractions for retail, other community uses,
activities and tourism;
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f)
To provide opportunities for employment uses to provide jobs for local
residents;
g)
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;
h)
To provide opportunities for sustainable and diversified tourism, including
the leveraging of historical, cultural and natural assets;
i)
To encourage street design, parkland and an open space system that
provides for pedestrian, cycling and other non-motorized modes of
transportation to help create more healthy and complete communities; and,
j)
Encourage the establishment and maintenance of a system of public open
spaces, parkland and recreational facilities that meets the needs of present
and future residents.
D1.4
PERMITTED USES IN URBAN AREAS AND RURAL
SETTLEMENT AREAS
An appropriate range and mix of land uses, housing options, transportation options
with multimodal access, employment, public service facilities and other institutional
uses (including, schools and associated child care facilities, long-term care
facilities, places of worship and cemeteries), recreation, parks and open space,
and other uses to meet long-term needs are permitted in urban areas.
Within rural settlement areas, uses that are appropriate for rural settlement areas
based on the nature of their servicing is also permitted, subject to the policies of
the local Official Plans.
D1.5
DOWNTOWN AREAS
The scale and location of new development in the downtown or main street areas
identified in local Official Plans should maintain and/or enhance the existing
character of these areas. This will be accomplished by encouraging:
a)
The development of diverse, compatible land uses in close proximity to
each other;
b)
The maximum use of existing buildings to accommodate a wide range of
compatible uses, with an emphasis on using upper level space for offices,
residential uses and other uses;
c)
The establishment and maintenance of a streetscape that is pedestrian
oriented;
d)
The preservation and enhancement of the cultural heritage resources that
exist in these areas;
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e)
Partnerships and collaboration between local municipalities and service
delivery groups such as Business Improvement Areas, Business
Associations, Chambers of Commerce and/or municipal heritage
committees; and,
f)
The physical and aesthetic improvement of these areas through their
designation as Community Improvement Plan areas.
D2
MAJOR EMPLOYMENT AREA
D2.1
OBJECTIVES
It is the objective of this land use designation shown on Schedule A-2 to:
a)
Provide a strategic location for industrial development in planned business
park settings with excellent access to Highway 401;
b)
Support the establishment of the County as a preferred destination for
employment within eastern Ontario;
c)
Provide accommodation for businesses seeking to locate in a setting with
a specific range of compatible land uses and high quality building forms and
settings;
d)
Provide a long-term and stable location for manufacturing, processing and
warehousing uses; and,
e)
Support the planned function of the designation by ensuring that the
introduction or presence of sensitive uses that may be incompatible with
the viability and continued operation of the intended primary industrial uses,
is prevented.
D2.2
PERMITTED USES
a)
Permitted uses in the Major Employment Area designation are:
i)
Manufacturing, processing and warehousing with controlled outdoor
storage, provided the controlled outdoor storage is located to the
rear or side of a building, screened from view from adjoining streets
and Highway 401 if necessary, and impacts to adjoining lands are
minimized;
ii)
Data processing centres and uses that are in and support the energy
and technology sectors; and,
iii)
Office, retail, service use that is accessory, subordinate, and
incidental to a primary manufacturing, processing or warehousing
use, provided the gross floor area devoted to retail and service does
not exceed 15% of the premises.
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b)
For the purposes of this policy, the following uses are specifically not
permitted on lands within the Major Employment Area designation:
i)
Stand-alone retail uses, other than motor vehicle service stations
and accessory uses;
ii)
Multiple-unit buildings with retail uses;
iii)
Day nurseries, places of worship and other similar institutional uses;
iv)
Motor vehicle wrecking yards;
v)
Motor vehicle salvage yards;
vi)
Motor vehicle sales and rental establishments;
vii)
Motor vehicle storage compounds;
viii)
Commercial fitness centres;
ix)
Commercial self-storage facilities;
x)
Hotels and banquet halls;
xi)
Private schools;
xii)
Residential uses, unless the use existed on the date this Plan came
into effect;
xiii)
Contractor's yards;
xiv)
Asphalt plants, concrete batching facilities, aggregate-related
processing uses and other heavy industrial uses; and,
xv)
Garden centres and commercial greenhouses.
D2.3
DEVELOPMENT REQUIREMENTS
a)
The preparation of a Secondary Plan will be required in accordance with
Section D2.4 of this Plan before development can proceed.
b)
All lands shall be serviced by municipal sewer and water services.
c)
All proposed development shall be accessed by local roads. Access by a
County Road will only occur where access by a local road is not possible or
impractical.
d)
Buildings shall be sited in a manner that will accommodate their potential
future expansion and/or the introduction of new additional buildings in the
future.
e)
Permitted loading and storage facilities shall be located and buffered and
screened to minimize visibility from adjoining streets and impacts on
adjacent areas.
f)
All buildings shall be of high quality design, particularly adjacent to arterial
roads and Highway 401, to reflect the unique character and gateway image
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of the urban area.
g)
Buildings shall be sited in a manner that facilitates truck movements and
loading.
h)
The majority of the lands within the Major Employment Area shall be
reserved for uses that require larger parcels of land.
D2.4
SECONDARY PLANS
a)
The purpose of the Secondary Plan required by Section D2.4 of this Plan is
to establish a detailed development concept for infrastructure and land use
in each defined Major Employment Area. More specifically, it will be the
intent of the Secondary Plan to:
i)
Establish the most appropriate mix of land uses that recognizes the
location of the area and the goals and objectives of this Plan;
ii)
Ensure that adequate transportation networks are/or will be
established and that the transportation network is adequately
supported by the proposed development pattern;
iii)
Ensure that adequate water and wastewater servicing is established
to serve the anticipated development and that they can be phased
in a manner that is cost-effective and efficient;
iv)
Ensure that appropriate Secondary Plan policies, including phasing,
servicing and financing policies, are in place to clearly and
effectively guide future development within the Secondary Plan
Area;
v)
Incorporate appropriate policies pertaining to the provision and
location of utilities;
vi)
Ensure that appropriate urban design standards are established
with those standards recognizing the visibility of the lands adjacent
to arterial roads and Highway 401;
vii)
Support inter-municipal co-operation/joint planning as required;
and,
viii)
Determine what the minimum parcel size should be to attract uses
that require large land areas.
b)
Secondary Plans shall be adopted by an Amendment to the local Official
Plan and shall generally conform with and implement the intent of this Plan
as set out in the policies of this Plan.
c)
New Secondary Plans shall be based on the following studies:
i)
A Functional Servicing Plan that demonstrates the means by which
the affected lands will be appropriately serviced;
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ii)
A detailed Transportation Study that determines the impact of the
development on the surrounding road network and recommends
necessary improvements to the transportation network consistent
with the policies of this Plan; and,
iii)
Other detailed studies as required, such as urban design and
environmental impact studies.
D2.5
MAJOR EMPLOYMENT AREA SPECIAL POLICY AREA
a)
This policy applies to approximately 90 hectares of land located to the north
and west of the Highway 401/Burnham Street interchange in the Township
of Hamilton. These lands are located to the west of Burnham Street, south
of Telephone Road and east of Birch Street.
b)
The lands described in sub-section a) are considered to be suitable in
principle for the development of Major Employment uses, in accordance
with the policies of Section D2 of this Plan. For development to occur on
these lands, the lands shall be designated Major Employment Area and
once designated, the lands would be considered to form part of the abutting
Cobourg urban area for planning purposes. In addition, the lands within the
Major Employment Area designation are not required to be in the same
municipality as the abutting Cobourg urban area provided the lands are
serviced by Cobourg water and sewer services.
c)
Consideration shall be given to designating these lands as Major
Employment Area provided the County is satisfied that:
i)
It is feasible to extend sewer and water services to the subject lands
in a timely and efficient manner;
ii)
It is technically and financially viable to construct a crossing of
Cobourg Creek to connect the northern and southern portions of the
lands to provide for development along the high profile Highway 401
corridor;
iii)
The landowners are committed to funding the full cost of the
extension of services to the lands in addition to the full cost of
constructing a crossing over Cobourg Creek;
iv)
The lands can be developed and are financially viable for
development, given the cost of services and the Cobourg Creek
crossing and the nature of the uses that are to be permitted within
the Major Employment Area; and,
v)
The need for additional fully serviced employment land has been
justified in accordance with relevant Provincial policies.
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D3
AGRICULTURAL AREA
D3.1
OBJECTIVES
It is the objective of this land use designation to:
a)
Recognize agriculture as the primary activity and land use;
b)
Maintain and preserve the agricultural resource base of the County;
c)
Protect the County's prime agricultural area from fragmentation,
development and land uses unrelated to agriculture;
d)
Promote normal farm practices and to protect the right to farm;
e)
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)
Preserve and promote the agricultural character of the County and its local
communities.
D3.2
LOCATION
a)
All lands designated Agricultural Area are shown on Schedule A-2 to this
Plan. These lands are considered to be the County's prime agricultural
area as defined.
b)
The County of Northumberland is committed to protecting the County's
prime agricultural areas. On this basis, the County will undertake an
analysis of lands within the County, in consultation with the Ministry of
Agriculture, Food and Rural Affairs, within three years of the approval of
this Official Plan. This analysis will result in an Official Plan Amendment
designating prime agricultural areas consistent with the Provincial Policy
Statement. Should such analysis be undertaken by a lower-tier municipality
in advance of the County undertaking the required study, the Ministry of
Agriculture, Food and Rural Affairs shall be consulted on any proposed
changes.
D3.3
PERMITTED USES
Permitted uses in the Agricultural Area designation are:
a)
Agricultural uses;
b)
Agricultural-related uses in accordance with Section D3.5 of this Plan;
c)
On-farm diversified uses in accordance with Section D3.6 of this Plan;
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d)
Bed and breakfast establishments that are located on a non-farm property
in accordance with Section D3.7 of this Plan;
e)
Accessory accommodation subject to Section D3.8 of this Plan;
f)
A single detached dwelling in conjunction with an agricultural use;
g)
A single detached dwelling on an existing vacant lot, subject to the policies
of the local Official Plan; and provided the lot is not subject to Section
D3.4a) ii) of this Plan;
h)
Home occupations;
i)
Home industries that are accessory to a residential use on a non-farm
property subject to Section D3.9 of this Plan
j)
Conservation uses that do not include development; and,
k)
Mineral aggregate operations, subject to the approval of a local Official Plan
Amendment and subject to Section E5 of this Plan.
It is recognized that certain lands within the Agricultural Area designation shown
on Schedule A-2 have received approvals for non-agricultural uses by the local
Official Plan. At those locations, those specific uses may continue and would also
be subject to corresponding policies of the local Official Plan.
D3.4
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 each have a lot area of about 40
hectares and are sufficiently large to maintain flexibility for future
changes in the type or size of agricultural operations; or,
ii)
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,
iii)
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.
b)
Lot adjustments may also be granted for legal or technical reasons, such
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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.
D3.5
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.
D3.6
ON-FARM DIVERSIFIED USES
D3.6.1
Definition
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.
Proposed on-farm diversified uses shall be compatible with, and shall not hinder,
surrounding agricultural operations.
D3.6.2
Types of On-Farm Diversified Uses
For the purposes of this Plan, the following uses are examples of on-farm
diversified uses:
a)
Home occupations;
b)
Home industries subject to Section D3.9 of this Plan;
c)
Agri-tourism uses subject to Section D3.6.4 of this Plan;
d)
Bed and breakfast establishments;
e)
Farm vacation homes (with up to 6 rooms) subject to D3.6.5 this Plan;
f)
Estate wineries with limited accommodation and limited floor space devoted
to eating and/or banquet facilities, subject to the policies of the local Official
Plan;
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g)
Farm wineries subject to the policies of the local Official Plan;
h)
Seasonal home-grown produce stands; and,
i)
Temporary agricultural demonstration events, such as a plowing match.
D3.6.3
Characteristics of an On-Farm Diversified Use
An on-farm diversified use is any land use that is secondary to the principal use on
a farm property. Factors to consider by municipalities in determining whether a use
is an on-farm diversified use include:
a)
The amount of land devoted to the on-farm diversified use in comparison to
the amount of land devoted to the principal use;
b)
The size of the building housing the on-farm diversified use in relation to
the sizes of building(s) accommodating the principal use;
c)
The nature of the on-farm diversified use itself and whether the use is
operated by the owner of the property;
d)
The number of people employed by the on-farm diversified use;
e)
The extent to which retail sales occur as a component of the on-farm
diversified use; and,
f)
The amount of traffic generated by the on-farm diversified use in relation to
the principal use on the property.
Local municipalities are encouraged to permit on-farm diversified uses in their
Official Plans and implementing zoning by-laws as appropriate.
D3.6.4
Agri-Tourism Uses
a)
For the purposes of this Plan, agri-tourism uses are 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.
b)
Given the proximity of the County to major urban areas, the County
supports the development of uses that highlight the importance and value
of the agricultural economy. On this basis, uses such as farm machinery
and equipment exhibitions (on a temporary basis), farm tours, petting zoos,
hay rides and sleigh rides, processing demonstrations, pick-your-own
produce establishments, small-scale farm theme playgrounds for children
and small-scale educational establishments that focus on farming
instruction are permitted in the Agricultural Area designation subject to the
policies of the local Official Plan.
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D3.6.5
Farm Vacation Homes
Farm vacation homes with up to 6 rooms for the temporary accommodations of
guests may be permitted on a farm property subject to the policies of the local
Official Plan provided that:
a)
The use shall not have an adverse effect on the enjoyment and privacy of
neighbouring properties;
b)
The farm vacation home is the principal residence of the owner and
operator;
c)
The character of the dwelling as a private residence is preserved;
d)
Adequate parking facilities are available on the lot for the proposed use;
e)
The use will not cause a traffic hazard; and,
f)
The use can be serviced with an appropriate water supply and an
appropriate means of sewage disposal.
D3.7
BED AND BREAKFAST ESTABLISHMENTS
Bed and breakfast establishments are also permitted in single detached dwellings
that are not on a farm property, provided that no more than 3 rooms for temporary
accommodations are provided, subject to the criteria set out in Section D3.6.5.
D3.8
ACCESSORY ACCOMMODATION ON FARM PROPERTIES
The establishment of additional accommodation on a farm property for farm labour
is permitted, provided it can be demonstrated that the size and nature of the
operation requires additional employment and the lands are appropriately zoned
and provided the local Official Plan permits this type of use. The future severance
of the lands that are the site of the accessory accommodation use is not permitted.
D3.9
HOME INDUSTRIES
Home industries may be permitted on a farm property or non-farm property subject
to the policies of the local Official Plan provided that:
a)
The home industry and the principal use generally rely upon the same water
and sewer infrastructure and the driveway from the public road;
b)
The home industry has a floor area that is consistent with the scale of uses
on the property;
c)
The noise, dust and odour that could potentially emanate from the use will
not have an adverse impact on adjacent properties;
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d)
The type and level of traffic generated by the use is compatible with the
character of the area and the function of adjacent roads;
e)
All machinery and equipment, with the exception of motor vehicles, required
for the home industry is generally located within enclosed buildings;
f)
Any permitted open storage associated with the home industry is screened
from view and located within a fenced compound;
g)
The number of employees is limited; and,
h)
Any retail component of the home industry is clearly accessory to the home
industry and does not detract from the primary use of the property or
adjacent properties.
D3.10
OTHER NON-RESIDENTIAL USES
Limited non-residential uses that are not permitted by the Plan in the Agricultural
Area designation may only be considered in the Agricultural Area designation
through an Amendment to the local Official Plan, provided that all of the following
are demonstrated:
a)
The land does not comprise a specialty crop area;
b)
The proposed use complies with the minimum distance separation
formulae;
c)
There is an identified need within the planning period for additional land to
be designated to accommodate the proposed use; and alternative locations
have been evaluated, and,
i)
There are no reasonable alternative locations which avoid prime
agricultural areas; and,
ii)
There are no reasonable alternative locations in prime agricultural
areas with lower priority agricultural lands.
D3.11
LAND USE COMPATIBILITY
The following land use compatibility policies apply to agricultural operations and
non-agricultural operations in both the Agricultural Area and Rural Area
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, or in
accordance with the local zoning by-law as amended. Development on
lands within urban areas and rural settlement areas is exempt from this
policy.
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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 one and two formulae may be included
in local zoning by-laws, as appropriate and in accordance with local Official
Plans.
d)
Nothing in this Plan shall limit the ability of farmers to carry out normal farm
practices in accordance with the Farming and Food Production Protection
Act.
e)
Existing agricultural uses are permitted within rural settlement areas.
Other criteria may be established by local municipalities in accordance with
Provincial guidelines.
D3.12
FUTURE SPECIALTY CROP AREAS
Currently, there are no lands designated for specialty crops in the County.
However, it is recognized that the County's location along the Lake Ontario
shoreline provides a climatic advantage for the growing of specialty crops. That,
coupled with the high quality soils found in Northumberland means the County has
the potential to accommodate a diverse variety of specialty crops. Consequently,
the County may identify specialty crop areas with assistance from the Province.
Any future identification of specialty crop areas will be implemented by way of
Amendment to this Plan, including the addition of appropriate policies related to
specialty crop areas.
D4
RURAL AREAS
D4.1
OBJECTIVES
It is the objective of this land use designation to:
a)
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)
Encourage the establishment of sustainable and diversified tourism
opportunities;
c)
Promote the development of commercial, recreational and industrial uses
that are appropriate for the rural and recreational areas of the County;
d)
Promote a diverse, innovative and economically strong agricultural industry
and associated activities by enhancing their capacity to contribute to the
economy of the County;
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e)
Encourage local municipalities to recognize and preserve lands that are
locally significant for agricultural uses;
f)
To provide for residential uses and lands that are not constrained or
protected for their resource value; and,
g)
Preserve the open space character of the rural landscape.
D4.2
LOCATION
All lands designated Rural Area as shown on Schedule A-2 to this Plan apply to
lands that are not otherwise designated as Urban Areas, Rural Settlement Areas
or Natural Heritage Area One designation and which are not within the Agricultural
Area designation.
D4.3
LOT CREATION
a)
The creation of more than three units or lots through either plan of
subdivision, consent or plan of condominium on one property is permitted
provided the lands were zoned or designated for the type and amount of
development in a local Official Plan on June 16, 2006; and,
b)
Lot creation that is not subject to sub-section D4.3 a) of this Plan shall be
governed by the policies of the local Official Plan, recognizing that urban
areas and rural settlement areas shall be focus of growth.
D4.4
PERMITTED USES
Permitted uses in the Rural Area designation include:
a)
All uses permitted in the Agricultural Area designation in Section D3.3 of
this Plan;
b)
Permanent and seasonal dwellings;
c)
Resource based recreational uses;
d)
Cemeteries;
e)
Recreation and tourism uses subject to Section D4.5 of this Plan;
f)
Forestry uses; and,
g)
Rural commercial and industrial uses that are appropriate for the Rural Area
designation and which cannot be located in urban areas or rural settlement
areas, subject to the approval of a local Official Plan Amendment.
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D4.5
RECREATION AND TOURISM USES
D4.5.1
Examples of Permitted Recreational Tourism Uses
Permitted recreation and tourism uses include:
a)
Cross country ski facilities;
b)
Golf courses and golf driving ranges and similar open-air recreational uses;
c)
Campground and trailer parks;
d)
Tourist accommodation facilities;
e)
Art galleries and exhibitions; and,
f)
Wine-tasting establishments.
D4.5.2
Conditions of Approval
New recreation and tourism uses that are permitted by this Plan may be permitted
provided that it has been demonstrated to the approval authority that:
a)
The proposed use will not have a negative impact on adjacent agricultural
uses and is compatible with normal farm practices;
b)
The proposed use is located on roads that can accommodate expected
increases in traffic;
c)
The proposed use can be designed and sited to blend in with surrounding
land uses such that the rural character of the area is maintained;
d)
There will be no negative impacts on any natural heritage features and
related ecological functions;
e)
Where appropriate the proposed use can be appropriately buffered from
adjacent uses; and,
f)
There will be no negative impact on the quality and quantity of groundwater
and surface water.
D4.6
LAND USE COMPATIBILITY
The policies of Section D3.11 also apply to lands in the Rural Area designation.
D5
OAK RIDGES MORAINE
a)
The location of the lands subject to the Oak Ridges Moraine Conservation
Plan are shown on the schedules to this Official Plan. The provisions of the
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Oak Ridges Moraine Conservation Plan (2017) shall apply to all of these
lands.
b)
The Oak Ridges Moraine Conservation Act, and the accompanying
Conservation Plan provides land use and resource management planning
direction for protecting the Oak Ridges Moraine's ecological and
hydrological features and functions. The County is committed to the
implementation of the Oak Ridges Moraine Conservation Plan. The policies
of this Official Plan and those in local Official Plans must be read in
conjunction with the detailed provisions of the Oak Ridges Moraine
Conservation Plan.
c)
On lands subject to the Oak Ridges Moraine Conservation Plan, only
applications for development and site alteration that conform with the Oak
Ridges Moraine Conservation Plan will be considered. The following land
use categories, govern the use of land within the Oak Ridges Moraine.
i)
Natural Core Areas are areas are areas with a high concentration
of key natural heritage features, hydrologically sensitive features or
landform conservation areas. Natural Core Areas are designated on
Schedule A-2 to this Plan. Their purpose is to maintain, improve
and restore the ecological integrity of the Oak Ridges Moraine as a
whole. Permitted uses in Natural Core Areas are set out in the Oak
Ridges Moraine Conservation Plan.
ii)
Natural Linkage Areas are areas forming part of a central corridor
system, the purpose of which is to maintain, improve and restore the
ecological integrity of the Moraine. Natural Linkage Areas are
designated on Schedule A-2 to this Plan. Natural Linkage Areas
support, or have the potential to support, movement of plants and
animals among the Natural Core Areas and along river valleys and
stream corridors. Permitted uses in Natural Linkage Areas are set
out in the Oak Ridges Moraine Conservation Plan.
iii)
Countryside Areas are areas of existing rural land use, intended to
protect prime agricultural areas, provide for the continuation of
agricultural and other rural land uses. Countryside Areas are
designated on Schedule A-2 to this Plan. Permitted uses in
Countryside Areas are set out in the Oak Ridges Moraine
Conservation Plan.
iv)
The Oak Ridges Moraine Conservation Plan's identification of
Settlement Areas on the Oak Ridges Moraine includes those areas
designated as Rural Settlement Area on Schedule A-2 to this Plan.
These rural settlement areas are intended to provide opportunities
for minor residential infill and small-scale industrial, commercial and
institutional uses. Permitted uses in Settlement Areas that are
identified as rural settlement areas on Schedule A-2 to this Plan are
set out in the Oak Ridges Moraine Conservation Plan.
d)
All applications, as defined under the Oak Ridges Moraine Conservation
Act, which commenced on or after November 17, 2001 are required to
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conform to the Oak Ridges Moraine Conservation Plan. Applications in the
Natural Core, Natural Linkage, or Countryside Areas of the Oak Ridges
Moraine that were commenced but were not decided upon prior to
November 17, 2001 are required to conform to the list of prescribed
provisions under Section 48 of the Oak Ridges Moraine Conservation Plan.
e)
Development and site alteration shall be prohibited within key natural
heritage features, key hydrologic features and Areas of Natural and
Scientific Interest (Earth Science) and their related minimum vegetation
protection zones as identified by the Table in Part III of the Oak Ridges
Moraine Conservation Plan.
D6
NATURAL HERITAGE AREA ONE (NHA1)
DESIGNATION OUTSIDE OF THE OAK RIDGES
MORAINE CONSERVATION PLAN
D6.1
LOCATION
a)
All lands that are the site of known Provincially significant wetlands and
significant coastal wetlands are designated Natural Heritage Area One on
Schedule A-2. Where information is known, individual Provincially
significant wetlands and significant coastal wetlands are shown on
Schedule B-1 for information purposes.
b)
While known Provincially significant wetlands and significant coastal
wetlands have been designated Natural Heritage Area One on Schedule
A-2, the identification, mapping and significance of others can only be
determined after evaluation.
c)
Regionally Important Wetlands are included in the mapping for the NHA1
on Schedule A-2. For clarity, lands identified as Regionally Important
Wetland which do not overlap with provincially significant wetlands or
significant coastal wetlands on Schedule B-1 are not included in the NHA1
designation.
D6.2
PERMITTED USES IN SIGNIFICANT WETLANDS AND
SIGNIFICANT COASTAL WETLANDS
a)
Development and site alteration is not permitted in significant wetlands and
significant coastal wetlands.
b)
Permitted uses in significant wetlands and significant coastal wetlands are
limited to:
i)
Forestry in the form of reforestation and regeneration, and excluding
commercial logging and managed woodlots;
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ii)
Uses connected with the conservation of water, soil, wildlife and
other natural resources; and
iii)
The continuation of agricultural uses.
D7
NATURAL HERITAGE AREA TWO (NHA2) OVERLAY
OUTSIDE OF THE OAK RIDGES MORAINE
CONSERVATION PLAN
D7.1
LOCATION
a)
All lands that are the site of known Provincially significant Areas of Natural
and Scientific Interest and significant woodlands are shown as Natural
Heritage Area Two on Schedule A-2. Where information is known, these
and other natural heritage features and areas, also including Regionally
Important Wetlands outside of urban areas and rural settlement areas, are
shown on Schedule B-1 for information purposes.
b)
While known Provincially significant Areas of Natural and Scientific Interest
and significant woodlands have been shown as Natural Heritage Area Two
on Schedule A-2, the identification, mapping significance of others can only
be determined after evaluation either by the Province in the case of an Area
of Natural and Scientific Interest or the County, in the case of a woodland.
D7.2
PERMITTED USES
a)
As the NHA2 is an overlay, permitted uses are those in the underlying land
use designation shown on Schedule A-2.
b)
The policies in this section apply to significant woodlands, significant
valleylands, non-significant coastal wetlands, significant Areas of Natural
and Scientific Interest, significant wildlife habitat, fish habitat and habitat of
endangered and threatened species. In addition, the policies of this section
apply to Regionally Important Wetlands outside of urban areas and rural
settlement areas.
c)
Development and site alteration shall not be permitted in fish habitat except
in accordance with provincial and federal requirements.
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 in the following
features unless it has been demonstrated through the preparation of an
Environmental Impact Study in accordance with Section C4.4 of this Plan
that there will be no negative impacts on the natural features or their
ecological functions:
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i)
Significant woodlands;
ii)
Significant valleylands;
iii)
Significant wildlife habitat;
iv)
Significant Areas of Natural and Scientific Interest; and
v)
Regionally Important Wetlands outside of urban areas and rural
settlement areas.
f)
Notwithstanding the above, expansions or alterations to existing buildings
and structures for agricultural uses, agriculture-related uses, or on-farm
diversified uses and expansions to existing residential dwellings and
existing ancillary buildings may be permitted in the NHA2 overlay if it is
demonstrated that:
i)
There is no alternative, and the expansion or alteration in the feature
is minimized and is directed away from the feature to the maximum
extent possible; and
ii)
The impact of the expansion or alteration on the feature and its
functions is minimized and mitigated to the maximum extent
possible; and
g)
Small-scale structures for recreational uses, including boardwalks,
footbridges, fences, docks, and picnic facilities may be permitted in the
NHA2 overlay, if measures are taken to minimize the number of such
structures and their negative impacts.
h)
Through the implementation of this section by the local municipalities in
their Official Plans and zoning by-laws, the pre-identification of the nature
and scale of minor expansions to existing residential dwellings and existing
ancillary buildings within significant woodlands that can proceed as-of-right
and without the need for an environmental impact study is permitted by this
Plan. In this regard, such minor expansions shall be small in scale and
generally not exceed 25% of the floor area of the existing residential
dwelling and/or existing ancillary building that is being expanded.
Expansions beyond this size will require a Planning Act approval where it
shall be demonstrated that conformity with Section D7.2 f) can be achieved.
i)
While the policies of this Plan apply to Regionally Important Wetlands
outside of urban areas and rural settlement areas, where a Regionally
Important Wetland policy conflicts with a provincial interest including but not
limited to mineral aggregate resources or prime agricultural areas, the
policies of the provincial interest shall prevail.
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D8
OTHER GENERAL POLICIES THAT APPLY TO THE
NHA1 DESIGNATION AND NHA2 OVERLAY
D8.1
ADJACENT LANDS
a)
Adjacent lands are the lands contiguous to a natural heritage feature or
area where it is likely that development or site alteration would have a
negative impact on the feature or area. For the purposes of this Plan,
adjacent lands are defined as all lands within a specified distance of
boundary of natural heritage features and areas outside of the Oak Ridges
Moraine Conservation Plan as follows:
i)
120 metres from provincially significant wetlands and significant
coastal wetlands;
ii)
120 metres from significant woodlands;
iii)
120 metres from significant wildlife habitat;
iv)
120 metres from habitat of endangered species and threatened
species;
v)
50 metres from provincially significant Areas of Natural and
Scientific Interest - earth science;
vi)
120 metres from provincially significant Areas of Natural and
Scientific Interest - life science;
vii)
120 metres from significant valleylands;
viii)
120 metres from fish habitat;
ix)
120 metres from non-significant coastal wetlands;
x)
50 metres from Regionally Important Wetlands.
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 in accordance with Section C4.4 of this Plan that there will be no
negative impact on the natural features or their ecological functions.
c)
The approval authority may reduce the width of the adjacent lands set out
in sub-section D8.1 a) 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 area.
d)
While the policies of this section apply to Regionally Important Wetlands
outside of urban areas and rural settlement areas, where a Regionally
Important Wetland policy conflicts with a provincial interest including but not
limited to mineral aggregate resources or prime agricultural areas, the
policies of the provincial interest shall prevail.
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D8.2
CRITERIA FOR SIGNIFICANT WOODLANDS
a)
Significant woodlands have a minimum average width of 40 metres and are
a minimum of 1 hectare in urban areas and/or rural settlement areas or 4
hectares in the Agricultural Area or Rural Area designation.
b)
Alternatively, significant woodlands have a minimum average width of 40
metres and:
i)
Are a minimum of 0.5 hectares in urban areas and/or rural
settlement areas; or 2 hectares in the Agricultural Area or Rural Area
designations; or 2 hectares within 5 kilometres of Lake Ontario; or 2
hectares within 1 kilometre of Rice Lake; and
ii)
Are located within 30 metres of significant valleylands, significant
wildlife habitat, significant life science Area of Natural and Scientific
Interest and/or a permanent watercourse; or are located wholly or
partially within a linkage area as defined by this Plan.
D8.3
MINIMUM BUFFERS
a)
Minimum buffers required from certain natural heritage features and areas
outside of urban areas and rural settlement areas are as follows:
i)
15 metres for significant life science Areas of Natural and Scientific
Interest;
ii)
15 metres for significant valleylands;
iii)
15 metres for Regionally Important Wetlands;
iv)
30 metres for significant wetlands and significant coastal wetlands;
v)
15 metres for significant wildlife habitat; and
vi)
20 metres for significant woodlands.
b)
Buffers in urban areas and rural settlement areas are to be informed by both
existing conditions and sensitivities, and the anticipated impacts that a
buffer is being used to mitigate. Where possible, opportunities to address
impacts (avoid, minimize) through the siting and design of land uses should
be considered as part of a layered approach to mitigation. This approach
will reduce the overall impact of developments, encourage sustainable
design and support development of resilient system(s) and communities.
c)
Based on the above, minimum buffer widths in urban areas and rural
settlement areas will be established in studies prepared to the satisfaction
of the approval authority. When determining the appropriate buffer width,
consideration will be given to the following matters:
i)
enhancement and mitigation opportunities such as vegetative
planting within the buffers or fencing on abutting lands;
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ii)
achieving
adequate
buffers
to
stormwater
management
components, which may necessitate wider buffer widths;
iii)
the intensity of the abutting land uses as illustrated through specific
plans for such uses (i.e., grading, setbacks, maintenance, servicing,
built form including height, location of buildings and structures and
other activities); and,
iv)
the ecological functions, characteristics, significance and sensitivity
of the feature the buffer is required from.
d)
Where a feature is regulated by a Conservation Authority within an urban
area or rural settlement area, and the regulatory requirements exceed the
required buffer as determined through the policies of this Plan, those
regulatory requirements will apply, subject to the provisions of the
Conservation Authorities Act.
D9
NATURAL CORE AREA AND NATURAL LINKAGE
AREA DESIGNATIONS WITHIN THE OAK RIDGES
MORAINE CONSERVATION PLAN
D9.1
LOCATION
a)
Lands within the Natural Core Area and Natural Linkage Area designations
in the Oak Ridges Moraine Conservation Plan are designated Oak Ridges
Moraine - Natural Core Area and Oak Ridges Moraine - Natural Linkage
Area on Schedule A-2.
b)
Other known key natural heritage features and key hydrologic features that
are outside of the Oak Ridges Moraine - Natural Core Area and Oak Ridges
Moraine - Natural Linkage Area designations and as defined by the Oak
Ridges Moraine Conservation Plan are also found in the NHA1 designation
and NHA2 overlay on Schedule A-2 to this Plan.
c)
Where information is known, individual key natural heritage features and
key hydrological features as defined by the Oak Ridges Moraine
Conservation Plan are shown on Schedule B-1 for information purposes.
d)
While some of the key natural heritage features and key hydrological
features are known and some have been mapped in the NHA1 designation
and NHA2 overlay on Schedule A-2, the identification, mapping and
significance of others can only be determined after evaluation.
D9.2
PERMITTED USES
a)
All development and site alteration on lands subject to the Oak Ridges
Moraine Conservation Plan boundary shown on the schedules to this Plan
is subject to the policies of the Oak Ridges Moraine Conservation Plan.
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D9.3
CRITERIA FOR SIGNIFICANT WOODLANDS
a)
Within the Oak Ridges Moraine Conservation Plan area, significant
woodlands have a minimum average width of 40 metres and are:
i)
4 hectares or larger in size in the Countryside and Settlement Areas;
or
ii)
0.5 hectares or larger if located in the Natural Core or Natural
Linkage Areas; or
iii)
0.5 hectares or larger located within or intersecting with a key
natural heritage feature or hydrologically sensitive feature or their
vegetation protection zone.
D10
SUPPORTING FEATURES AND AREAS (SFA)
D10.1
LOCATION
a)
Supporting Features and Areas (SFA) include the following:
i)
Alvars;
ii)
Conservation oriented lands;
iii)
Enhancement areas;
iv)
Linkages;
v)
Other non-significant valleylands;
vi)
Other wetlands located within urban areas and rural settlement
areas that are not considered to be significant wetlands or
significant coastal wetlands;
vii)
Other non-significant woodlands;
viii)
Regionally important Areas of Natural and Scientific Interest;
ix)
Regionally important wildlife habitat;
x)
Sand barrens;
xi)
Savannahs;
xii)
Seepage areas and springs;
xiii)
Sensitive ground water features;
xiv)
Sensitive surface water features;
xv)
Shoreline features; and
xvi)
Tallgrass prairies.
b)
Where information is known, individual supporting features and areas are
shown on Schedule B-1 for information purposes.
c)
While some of the supporting features and areas are known and some have
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been identified on Schedule B-1, the identification, mapping and
significance of others can only be determined after evaluation.
D10.2
GENERAL DEVELOPMENT POLICIES
a)
When development or site alteration is proposed within a supporting feature
or area shown on Schedule B-1, or within 30 metres of the boundary of the
supporting feature or area, an Environmental Impact Study shall be
completed that assesses and determines:
i)
Whether the supporting feature or area is a significant natural
heritage feature or area and if it is determined that a supporting
feature or area is determined to be one of these features or areas,
the relevant policies that apply to those features or areas apply;
ii)
The boundary of the supporting feature or area along with its
ecological functions and relationship to nearby significant natural
heritage feature or areas; and
iii)
What conditions should be attached to the approval of the proposed
development to enhance the supporting feature or area where
possible and to mitigate and minimize impacts on the supporting
feature or area.
b)
Development and site alteration in and within 30 metres of other non-
significant wetlands or Regionally Important Wetlands in urban areas and
rural settlement areas that are regulated by the applicable Conservation
Authority is subject to the policies of the Conservation Authority.
c)
In cases where a non-significant wetland or Regionally Important Wetland
in an urban area or rural settlement area is not regulated by the
Conservation Authority, the approval authority may require that an
evaluation be carried out to determine if such a wetland should be protected
in situ with appropriate buffers, or if the hydrologic function provided by such
a wetland should be maintained or managed as part of the design of the
development.
d)
Where lands have been approved for a mineral aggregate operation
pursuant to a license issued under the Aggregate Resources Act on lands
that have been identified as being the site of a supporting feature or area
on Schedule B-1 are proposed to be expanded, then the policies of this
Plan fully apply.
e)
Further to sub-section d), if there is a conflict between the policies of a
supporting feature or area and a provincial interest (e.g. mineral aggregate
resources), the policies of the provincial interest shall prevail.
f)
An Environmental Impact Study is not required for existing, new or
expanding agricultural uses in the Agricultural Area.
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D10.3
DEVELOPMENT POLICIES - ENHANCEMENT AREAS
In addition to satisfying Section D10.2, if the supporting feature or area is an
enhancement area shown on Schedule B-1, the required Environmental Impact
Study should:
a)
Assess the ecological benefit of an enhancement to the nearby significant
natural heritage feature or area (e.g., does it fill a gap, close in an indent,
connect two separate features, etc.);
b)
Consider the most appropriate shape/extent of the enhancement area so
that the ecological functions of the nearby significant natural heritage
feature or area are enhanced;
c)
Consider how the function and spatial extent of the enhancement area can
be incorporated into the design and layout of the proposed development, if
located within an urban area or rural settlement area; and
d)
Make recommendations on minimizing the amount of disturbed area in the
enhancement area, where it is currently in a natural state or under
agricultural production, if located in the Rural Area designation.
D10.4
DEVELOPMENT POLICIES - LINKAGE AREAS
In addition to satisfying Section D10.2, if the supporting feature or area is a linkage
area shown on Schedule B-1, the required Environmental Impact Study should:
a)
Assess the ecological features and functions of a linkage, including its
vegetative, wildlife, and/or landscape features or functions;
b)
Identify appropriate boundaries/widths that permit the movement of wildlife
between nearby significant natural heritage feature or areas;
c)
Describe the ecological function the linkage is intended to provide and
identifies how these ecological functions can be maintained or enhanced
within a development proposal;
d)
Assess potential impacts on the linkage as a result of the development; and,
e)
Make recommendations on how to protect, enhance, or mitigate impacts on
the linkage and its ecological functions.
D11
IMPLEMENTING THE NATURAL HERITAGE AREA
ONE AND NATURAL HERITAGE AREA TWO AND
TRANSITION
a)
Local municipalities are required to incorporate the Natural Heritage Area
One designation and Natural Heritage Area Two overlay in their local
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Official Plans in a way that maintains the Agricultural Area designation
where applicable.
b)
Through the process of implementation, local municipalities may refine the
boundaries of natural heritage features or areas on the basis of updated
information and or detailed studies in consultation with the County, except
for boundaries of Areas of Natural and Scientific Interest which are to be
reviewed and approved by the Province.
c)
Local municipalities are required to incorporate the Natural Heritage Area
One designation and Natural Heritage Area Two overlay determined in the
local Official Plan in their Zoning By-laws in a way that maintains the
Agricultural Area designation where applicable.
d)
For secondary plans in process, the policies of this Plan shall be taken into
account in the work program and final product, to the satisfaction of the
County.
e)
Where a secondary plan has been approved, those portions that are not yet
the site of a draft approved Plan of Subdivision or Plan of Condominium
shall be reviewed to determine how the intent of this Plan with respect to
the natural heritage system can be achieved on the lands affected.
f)
If a draft plan approval is proposed to be extended, the County may review
the findings and recommendations made in the studies that supported the
initial draft plan approval and request that the studies be updated to
determine if changes to the layout of the draft plan and/or any of the
conditions need to be made before the extension request is granted.
g)
The County encourages the local municipalities to review older existing
draft plan approvals to determine if updates are required.
h)
If a draft plan lapses or is withdrawn, any subsequent application shall
conform to this Plan.
i)
Where major modifications to a draft plan are proposed, the revised plan
shall be designed to reduce impacts on the Natural Heritage System.
j)
Where lands have been approved for a mineral aggregate operation
pursuant to a license issued under the Aggregate Resources Act are
proposed to be expanded then the policies of this Plan fully apply.
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E
RESOURCE AREAS AND CONSTRAINT
AREAS
E1
CULTURAL HERITAGE RESOURCES
E1.1
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.
E1.2
HERITAGE POLICIES OBJECTIVES
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;
c)
Respecting the heritage resources recognized or designated by federal and
provincial agencies; and,
d)
Respecting the heritage designations and other heritage conservation
efforts by area municipalities.
E1.3
DESIGNATION OF INDIVIDUAL PROPERTIES UNDER THE
ONTARIO HERITAGE ACT
The County encourages local municipalities to pass by-laws designating properties
pursuant to the Ontario Heritage Act. Once a property has been so designated, it
is then considered to be a protected heritage property as defined by this Plan.
E1.4
HERITAGE CONSERVATION DISTRICTS
Where there is a concentration of significant cultural heritage resources in a
defined area, the County encourages local municipalities to consider the
establishment of a Heritage Conservation District to conserve an area's heritage
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character. The general principles and process for the administration of a Heritage
Conservation District will be outlined in a Heritage Conservation District Plan. Such
a Heritage Conservation District Plan will:
a)
Delineate boundaries of the designated area and reasons for the
designation;
b)
List cultural heritage resources;
c)
Prescribe policies, conservation and design guidelines, and other pertinent
material relating to the sound and prudent management of the district's
unique character;
d)
Be adopted by the local Council after consultation with affected property
owners and other interested agencies as considered appropriate; and,
e)
Be administered by municipal review of heritage permit applications for
changes and alterations to individual buildings and structures within the
designated district.
E1.5
IMPLEMENTATION
a)
Significant built heritage resources and significant cultural heritage
landscapes shall be conserved.
b)
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.
c)
The County will require a heritage impact assessment to be conducted by
a qualified professional whenever a development has the potential to affect
a cultural heritage resource, whether it is located on the same property or
on adjacent lands.
d)
A heritage impact assessment should outline the context of the proposal,
any potential impacts the proposal may have on the heritage resource, and
any mitigative measures required to avoid or lessen negative impact on the
heritage resource.
e)
Local municipalities are encouraged to establish Municipal Heritage
Committees pursuant to the Ontario Heritage Act.
f)
Local municipalities are encouraged to support the use of Community
Improvement Plans under the Planning Act to conserve cultural heritage
resources.
g)
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
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will be conserved.
E1.6
ARCHAEOLOGICAL RESOURCES
a)
The County recognizes that there are archaeological resources of pre-
contact and early historic habitation as well as areas of archaeological
potential within the County that can be adversely affected by any future
development and redevelopment.
b)
The County and/or local municipalities shall require archaeological
assessments
and
the
preservation
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)
Any alterations to known archaeological sites shall only be performed by
licensed archaeologists, as per Section 48 of the Ontario Heritage Act.
d)
The County views the preservation of archaeological sites in an intact
condition as the preferred means for the mitigation of impacts to
archaeological sites. Archaeological excavation as a means for the
mitigation of impacts will only be considered when it is demonstrated that
preservation is not possible.
e)
The County shall ensure an archaeological assessment is prepared by a
licensed consultant archaeologist when a known or suspected cemetery or
burial site is affected by development. Provisions under both the Ontario
Heritage Act and the Burial, Cremation and Funeral Services Act shall
apply.
f)
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. If the County initiates the
preparation of an archaeological master plan, the appropriate First Nations
shall be notified and invited to participate in the process.
g)
Local municipalities may conserve the integrity of archaeological resources
by adopting zoning by-laws under Section 34 of the Planning Act, to prohibit
land uses on sites where an identified significant archaeological resource
or an area of archaeological potential exists.
h)
Local municipalities are also encouraged to acquire archaeological sites for
their long-term protection as a condition of development, or through other
means as appropriate.
i)
The County shall consider, in partnership with First Nations and other
stakeholders a County Archaeological Resources Management Plan which
considers:
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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.
j)
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. In situations where archaeological resources are to be
preserved on-site, the County in consultation with local municipalities shall
consider regulatory tools such a zoning restrictions and heritage
easements.
E1.7
MARINE ARCHAEOLOGICAL RESOURCES
a)
The County recognizes that, within its boundaries, there may be marine
archaeological remains 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.
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. The approval authority will require
satisfactory measures to mitigate any negative impacts on significant
cultural heritage resources.
E1.8
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
municipal public works, such as roads, bridges and other infrastructure
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projects, carried out under the Municipal class environmental assessment
(EA) process. The County will require heritage impact assessments and/or
archaeological assessments, along with satisfactory measures to mitigate
any negative impacts affecting identified cultural heritage resources.
b)
The County encourages local utility companies to place equipment and
devices in locations which 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.
E1.9
ACCESSIBILITY AND HERITAGE CONSERVATION
In attaining its goal for establishing a barrier-free environment to municipally owned
property, the County and the local municipalities shall endeavor to provide access
solutions in a manner that respects the cultural heritage value or interest of a
protected property. The County recognizes that standardized designs may not
always suffice and that each heritage property will require unique accessibility
plans to ensure that alterations do not adversely affect the heritage attributes.
E1.10
TRENT-SEVERN WATERWAY NATIONAL HISTORIC SITE
OF CANADA
c)
The County recognizes the national historic significance of the Trent-
Severn Waterway as shown on the schedules to this Plan. In this regard,
local plans will appropriately designate the Trent-Severn Waterway.
d)
Local municipalities are encouraged to protect the natural and cultural
resources of the shoreline adjacent to the Trent-Severn Waterway by
amending their Official Plans to reflect the recommendations of the Trent-
Severn Waterway Management Plan for the management of adjacent
lands. For development proposals located within the heritage waterway
corridor, as defined under the Trent-Severn Waterway Management Plan,
consultation with Parks Canada may be required.
E1.11
MINERAL EXTRACTION
A review of the location and significance of cultural heritage resources shall be
undertaken when applications to establish a new mineral aggregate operation is
proposed. Where significant built heritage resources and/or significant cultural
heritage landscapes exist, these shall be conserved. If significant archaeological
resources are present, development and site alteration shall not be permitted
unless these significant archaeological resources have been conserved.
E2
MINERALS AND PETROLEUM RESOURCES
E2.1
OBJECTIVES
It is the objective of this Plan to:
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a)
Protect mineral mining operations and petroleum resource operations and
protect them from activities that would preclude or hinder their continued
use or expansion; and,
b)
Protect known mineral deposits, known petroleum resources and significant
areas of mineral potential deposits from development and activities that
would preclude or hinder the establishment of new operations or access to
the resources.
E2.2
LOCATION
a)
Significant areas of mineral potential have not been identified in the County.
However, the non-identification of these areas does not imply that such
areas do not exist.
b)
Petroleum resource areas have not been identified in the County. However,
the non-identification of these areas does not imply that such areas do not
exist.
E2.3
PROTECTION OF LONG-TERM RESOURCE SUPPLY
a)
Mineral mining operations and petroleum resource operations shall be
identified and 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.
E2.4
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.
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E3
MINERAL AGGREGATE RESOURCES
E3.1
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 new mineral aggregate operations will not have a negative
impact on significant natural heritage features and related ecological
functions;
e)
Ensure that the haul routes used are appropriate;
f)
Ensure that extraction is carried out in a manner that minimizes social,
economic and environmental impacts;
g)
Encourage mineral aggregate resource conservation, including through the
use of accessory aggregate recycling facilities within operations, wherever
feasible; and,
h)
Ensure that final and progressive rehabilitation occurs to accommodate
subsequent land uses, to promote land use compatibility, to recognize the
interim nature of extraction, and to mitigate negative impacts to the extent
possible.
E3.2
LOCATION
a)
Known deposits of mineral aggregate resources are shown on Schedule
B-2 of this Plan as selected sand and gravel resource areas of primary and
secondary significance and selected bedrock resource areas. The
boundaries of these areas are considered to be approximate.
b)
There is potential for deposits of mineral aggregate resources to exist
outside of the areas mapped on Schedule B-2.
c)
Licensed mineral aggregate operations are shown on Schedule B-2 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.
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d)
It is the intent of the County to designate licensed mineral aggregate
operations through an amendment to this Plan. Prior to the preparation of
such an amendment, the County shall prepare a mineral aggregate
resources strategy, the purpose of which is to appropriately identify known
deposits of mineral aggregate resources, the potential constraints to the
extraction of these resources and the establishment of a policy framework
and application review process that provides the basis for the consideration
of applications to establish a new or expanded mineral aggregate operation.
E3.3
PROTECTION OF LONG TERM RESOURCE SUPPLY
E3.3.1
Demonstration of Need
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.
E3.3.2
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. 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 E5.3.3 continues to apply.
b)
When new development requiring a Planning Act approval is proposed
within 300 metres of a pit (or 150 metres if the floor of the pit is above the
water table) or 500 metres of a quarry, the approval authority shall be
satisfied that the proposed use is compatible with the current and future
operation of the pit or quarry. In some cases, setbacks between the uses
may be required to minimize conflicts. In order to determine if a new use is
compatible, the development proponent will be required to demonstrate that
the proposed use shall provide for the necessary mitigation of impacts
arising from the existing pit or quarry, including future phases that are under
license but are yet to be extracted, to meet applicable Provincial standards,
regulations and guidelines.
E3.3.3
Deposits of Mineral Aggregate Resources
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
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interest; and,
c)
Issues of public health, public safety and environmental impact are
addressed.
E3.4
WAYSIDE PITS AND QUARRIES
Wayside pits and quarries, portable asphalt plants and portable concrete plants for
public road works shall be permitted in all areas, except areas where such a use
is not permitted in accordance with Provincial regulations and guidelines.
E3.5
NEW OR EXPANDING MINERAL AGGREGATE
OPERATIONS
The development of a new mineral aggregate operations or the expansion of an
existing mineral aggregate operations is subject to the policies of the local Official
Plan and the policies of this Plan.
E3.5.1
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;
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.
E3.5.2
Application Requirements
Any application for Amendment to the local Official Plan and/or the zoning by-law
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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 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 ecological functions on the site
and in the area;
ii)
Nearby communities;
iii)
Agricultural resources and activities;
iv)
The quality and quantity of groundwater and surface water;
v)
The cultural heritage resources in the area;
vi)
The groundwater recharge and discharge functions on the site and
in the immediate area;
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;
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
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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;
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.
E4
NATURAL HAZARDS
E4.1
HAZARDOUS LANDS
g)
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.
h)
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.
E4.2
DEVELOPMENT AND SITE ALTERATION
Development and site alteration shall not be permitted within:
i)
The dynamic beach hazard;
j)
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,
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k)
A floodway regardless of whether the area of inundation contains high
points of land not subject to flooding.
E4.3
ONTARIO REGULATIONS
Certain lands within the County are subject to the Development, Interference with
Wetlands and Alterations to Shorelines and Watercourse Regulations issued by
the Province. The Regulation Limit represents a compilation of various information
including engineered floodplain mapping, estimated floodplain mapping and
erosion hazards. The extent of these regulated areas and features are subject to
adjustment as confirmed by site visits and studies. The respective Conservation
Authorities should be consulted for details.
Development in a regulated area or the straightening, changing, diverting or
interfering in any way with the existing channel or a river, creek, stream,
watercourse or changing or interfering with a wetland shall require permission from
the applicable Conservation Authority.
E4.4
KARST TOPOGRAPHY
Karst topography generally forms on limestone and dolostone plains and is marked
by sink or karst holes, interspersed with abrupt ridges and irregular protuberant
bedrock that is commonly underlain by caverns and solution-enhanced joints and
bedding planes that influence the flow of surface and ground waters. 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 which must be mitigated
through development controls and approvals.
Areas shown on Schedule B-2 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.
Development shall 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. In areas suspected to have karst topography, an analysis shall be
undertaken for any Planning Act or Building Permit application to assess for the
presence of karst topography and to mitigate against any potential hazard. The
analysis shall be in accordance with the Terms of Reference outlined in Appendix
A to this Plan.
E4.5
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
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assessment and mitigation standards.
E5
HUMAN-MADE HAZARDS
E5.1
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.
E5.2
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.
E5.3
DEVELOPMENT ADJACENT TO KNOWN LANDFILL SITES
a)
Known landfill sites are shown on Schedule B-2 to this Plan.
b)
The development of new uses or new or enlarged buildings or structures
within an appropriate assessment area 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;
ii)
Potential traffic impacts; and,
iii)
Whether the proposed use will be adversely affected by ground and
surface water contamination.
c)
The development of new uses or new or enlarged buildings or structures
within an appropriate assessment area of 500 metres from the fill area of
an open or closed waste disposal site 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 waste disposal site;
ii)
Potential traffic impacts;
iii)
Whether the proposed use will be adversely affected by ground and
surface water contamination by leachate migrating from the waste
disposal site; and,
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iv)
The impact of the proposed use on leachate migration from the
waste disposal site.
d)
The assessment required in sub-sections b) and c) 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.
e)
In order to implement Section E5.3 c) of this Plan, local municipal zoning
by-laws shall restrict the development of new uses or new or enlarged
buildings or structures on lands within the 500 metre assessment area in
accordance with this Plan. As an alternative, all lands within the
assessment area shall be subject to a Holding provision in the zoning by-
law. The lifting of a Holding provision permitting the development of any
new use or new or enlarged buildings or structures within the assessment
area shall not occur until the approval authority is satisfied that all of the
studies required have been completed.
f)
In cases where the transfer station is an accessory use, the policies of this
section are intended to be modified to the extent necessary to recognize
the minimal impact of the accessory use.
E5.4
CONTAMINATED LANDS
a)
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 the
Environmental Protection Act and relevant regulations, and the relevant
Ministry of the Environment and Climate Change (MOECC) guidelines and
procedures.
b)
Sites known or suspected to have soils contaminated with residues of
current or previous industrial or commercial land uses must have the
environmental condition of the site assessed. When managing
development on potentially contaminated sites, a Record of Site condition
(RSK) either prior to the development approval, at the time of release of
conditions of approval, or at the time of issuance of building permits, as
required or stipulated by the municipality must be received.
c)
When considering applications for development which include sites
suspected or known to contaminated, the approval authority will require at
its discretion that a Phase 1 Environmental Site Assessment be undertaken
by the applicant in accordance with Ontario Regulation 153/04. This would
require sampling and analysis of the site to confirm and delineate the
presence or absence of contamination suspected by the ESA report.
d)
As a condition of approval, the approval authority will require that
remediation, where required, is undertaken to appropriate standards of the
MOECC, as specified in Ontario Regulation 153/04 and in the guideline
Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of
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the Environmental Protection Act, or other regulator requirements of the
MOECC, as amended from time to time.
e)
Mandatory filing of a Record of Site Condition in the Registry, by a qualified
person, as defined in O. Reg. 153/04, as amended, is required for a change
in use of a property from industrial or commercial to residential or parkland,
as defined in the regulation, and will be acknowledged by the Ministry of the
Environment and Climate Change. A site clean-up plan may be required
and the site may need to be cleaned-up in accordance with the O. Reg.
153/04, as amended and with MOECC guideline "Records of Site condition
- A Guide on Site Assessment, the Clean-up of Brownfield Sites and the
Filing of Records of Site Condition" dated October 2004 or associated
guidelines.
f)
A Record of Site Condition may, at the approval authority's discretion, be a
required condition of approval under this Plan. In addition to changes of
use prescribed by the Environmental Protection Act as uses for which a
Record of Site condition is mandatory (a change of use to a more sensitive
land use), the municipality may require a RSC to be filed where the
application does not involve a change of use to a more sensitive land use
as defined in the Environmental Protection Act.
E5.5
DEVELOPMENT ON HAZARDOUS LANDS AND
HAZARDOUS SITES
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.
E6
PROMOTING SUSTAINABLE DEVELOPMENT
It is the intent of the County to continuously require that development and
redevelopment be carried out in a manner that furthers the goals and objectives of
this Plan, and particularly those that deal with sustainable development and
healthy communities. On this basis, the County will apply the policies of this
section to development and redevelopment applications in the County.
In addition to the above, the County in partnership with the local municipalities will
also consider developing and implementing a range of appropriate mechanisms
and tools to promote and facilitate new development and redevelopment that
addresses the sustainability objectives and policies of this Plan.
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E6.1
HEALTH IMPACT ASSESSMENTS
This Plan recognizes that there is a relationship between land use, infrastructure
and public health that affects the vitality and resilience of the community. Elements
such as built form, community design, road and trail networks, open spaces, the
public realm, the natural heritage system and infrastructure shape citizens'
physical and psychological well-being.
To support a health promoting, age-friendly community, the approval authority
responsible for plans of subdivision/condominium, Official Plan Amendment or re-
zoning may require a Health Impact Assessment in support of development
applications, which shall address how:
a)
Physical activity and pedestrian mobility is addressed in project designs that
are safe and convenient for persons using all modes of travel regardless of
age or ability;
b)
The potential health impacts or risks of proposals are mitigated and
potential benefits are maximized;
c)
Access to the natural heritage system, clean air and clean water is
maximized;
d)
Marginalized or vulnerable parts of the population may be affected
differently in comparison to the broader target population;
e)
Societal and economic risk factors such as income, employment, housing
and food security, to name a few, are mitigated; and,
f)
Access to services such as health, transportation and leisure are
maximized.
E6.2
PERFORMANCE CHECKLISTS
a)
Local municipalities are encouraged to consider the adoption of a set of
performance measures to guide and monitor development in accordance
with this Plan and the local Official Plan.
b)
To assist in the implementation of these performance measures, the
adoption and use of performance checklists should be considered based
on a series of theme areas which may include, but are not limited to, energy
use, land use, natural heritage, transportation, built form, air quality, green
infrastructure, community building, cultural resources, materials and waste,
and public spaces.
c)
Such performance checklists are intended to:
i)
Connect day-to-day decision making with achievement of the
Municipality's vision;
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ii)
Provide detail on key criteria intended to promote best practice
solutions;
iii)
Challenge stakeholders to provide new and better solutions;
iv)
Create consistency by ensuring that each development application
is assessed using the same evaluation tool;
v)
Elevate
standards
through
continuous
assessment
and
improvement; and,
vi)
Present a consistent, transparent and clear assessment of how
proposals are evaluated, modified and approved.
d)
Performance checklists may be used when reviewing planning applications,
including applications for plan of subdivision, Official Plan and zoning by-
law Amendment, and site plan control, to determine how each development
proposal will assist in achieving the sustainability objectives and policies of
this Plan and the policies of the local Official Plan.
e)
To assist in the review of an application, proponents of development and
redevelopment may be required to submit a Sustainability Design Brief that
addresses the sustainability objectives and policies of this Plan and the
policies of the local Official Plan.
f)
The approval authority may also use performance checklists to prioritize the
development of certain areas. The intent of prioritizing certain types or
locations of development is to assist in providing components of community
building that will contribute to the goal of creating healthy and complete,
sustainable communities. For example, these components could include
proposed development that provides critical infrastructure and densities in
intensification areas, servicing infrastructure to employments areas or
district energy to a secondary plan area.
E6.3
GREEN DEVELOPMENT STANDARDS
Green development standards are intended to recognize the importance of and
support sustainable site and building design in both the public and private realms.
It is a policy of this Plan to:
a)
Encourage the development of green development standards, in
consultation with the development industry, to ensure the sustainability
goals and policies of this Plan and local Official Plans are addressed
through development applications;
b)
Encourage all new municipal buildings and projects to meet the minimum
standards necessary to satisfy the applicable required elements outlined in
the green development standards;
c)
Ensure that green development standards include, but are not limited to,
the following:
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i)
Minimum standards for energy efficient building design to achieve
reduced energy consumption and demand;
ii)
Minimum standards for water conservation in all buildings, and
landscaping and maintenance;
iii)
Green building material requirements to promote durability and
reduce the heat island effect;
iv)
Requirements for Dark Sky compliant practices for exterior lighting;
v)
Requirements for waste reduction, reuse and recycling in the
construction process;
vi)
Requirements for the application of stormwater management at the
site level to maximize infiltration and reduce phosphorus loading;
and,
vii)
Recommendations and standards for the installation of on-site
renewable energy generation and energy recovery, where
practicable.
E7
LANDS OWNED BY THE PROVINCIAL AND
FEDERAL GOVERNMENTS
This Plan does not apply to land owned by the Federal or Provincial governments.
Certain large areas of Crown Land are shown on Schedule B-2 for information
purposes.
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F
GENERAL DEVELOPMENT POLICIES
F1
SUBDIVISION OF LAND
F1.1
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.
F1.2
CONDITIONS OF APPROVAL
The approval authority shall approve only those plans of subdivision, condominium
or consent to sever applications, which conform to the provisions of this Plan and
the applicable local Official Plan. Under conditions of approval attached to plans of
subdivision or condominium pursuant to the Planning Act:
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; and,
b)
The approval authority may require that the applicant(s) enter into
appropriate agreements with local municipalities that shall be registered
against the title of the subject lands, and may include such matters as, but
not limited to, financial requirements, local roads, drainage, grading and
landscaping, sidewalks and dedication of land for public uses and other
requirements to implement the provisions of this Plan and the local Official
Plan.
F1.3
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)
The area that is proposed to be developed is not considered to be infilling;
or,
d)
A Plan of Subdivision is required to ensure that the entire land holding or
area is developed in an orderly and efficient manner; or,
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e)
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.
F1.4
SUBDIVISION REVIEW CONSIDERATIONS
Prior to the consideration of an application for Plan of Subdivision, the approval
authority shall be satisfied that:
a)
The approval of the development is not premature and is in the public
interest;
b)
There is reserve sewage system capacity and reserve water system
capacity available in the municipal water and sewage treatment systems, if
such services are to be provided;
c)
In areas without full municipal services, the plan can be serviced with an
appropriate water supply and means of sewage disposal;
d)
The development will support the achievement of the minimum Greenfield
density target for urban areas as set out in Section B6 of this Plan;
e)
Stormwater management plans shall be required for any new development
consisting of more than four lots or for commercial or industrial
developments with large amounts of impervious area. Stormwater
management will be undertaken in accordance with MOECC Guideline
"Stormwater Management Planning and Design Manual, 2003. The
municipality shall require the use of stormwater management facilities
downstream of new developments, where appropriate, to mitigate
development impacts on stormwater quantity and quality. The municipality
shall promote naturalized stormwater management facilities, constructed
with gentle slopes. Applications for development shall be required to be
supported by a stormwater quality/quantity management study;
f)
The lands will otherwise be appropriately serviced with infrastructure,
schools, parkland and open space, community facilities and other
amenities;
g)
The application, if approved, conforms to this Plan and the lower-tier Official
Plan;
h)
The subdivision, when developed, will be appropriately integrated with other
development in the area; and,
i)
The proposal has regard to Section 51 (24) of the Planning Act, as
amended.
Prior to the registration of any Plan of Subdivision, a Subdivision Agreement
between the landowner and the local municipality will be required.
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F1.5
NEW LOTS BY CONSENT
The approval of consents to sever land in the County of Northumberland 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.
F1.5.1
General Criteria
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)
Fronts on and will be directly accessed by a public road that is maintained
on a year-round basis unless otherwise permitted in the local Plan;
b)
Does not have direct access to a County Road, unless the County permits
a request for access;
c)
Will not cause a traffic hazard;
d)
Has adequate size and frontage for the proposed use in accordance with
the local zoning by-law;
e)
Notwithstanding d) above, where a zoning by-law amendment or minor
variance is required, approval of such amendment or variance shall be
included as a condition of the approval of the consent;
f)
Can be serviced with an appropriate water supply and means of sewage
disposal, provided there is confirmation of sufficient reserve sewage system
capacity and reserve water system capacity within municipal sewage
services and municipal water services;
g)
Will not have a negative impact on the drainage patterns in the area;
h)
Will not restrict the development of the retained lands or other parcels of
land, particularly as it relates to the provision of access, if they are
designated for development by this Plan;
i)
Will not have a negative impact on the significant features and functions of
any natural heritage feature; in this regard, lots should be restricted in size
in order to conserve other lands in larger blocks for natural heritage
purposes;
j)
Will not have a negative impact on the quality and quantity of groundwater
available for other uses in the area;
k)
Will not have an adverse effect on natural hazard processes such as
flooding and erosion;
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l)
Is large enough to support the development of buildings, structures and
septic systems that are no less than 30 metres from the high water mark of
a lake or cold water stream or as identified in accordance with Policy C5 of
this Plan;
m)
Conforms with the local Official Plan; and,
n)
Will conform to Section 51 (24) of the Planning Act, as amended.
F1.5.2
Boundary Adjustments
a)
A consent may be permitted for the purpose of modifying lot boundaries,
provided no new building lot is created.
b)
In reviewing an application for such a boundary adjustment, the approval
authority shall be satisfied that the boundary adjustment will not affect the
viability of the use of the properties affected as intended by this Plan.
c)
In addition, any boundary adjustment in the Agricultural Area designation
must be for legal or technical reasons as defined by this Plan.
F1.5.3
Technical Severances
Consents may be granted for the purpose of creating an easement or right-of-way,
where such severance does not result in the creation of a new lot except where
the creation of new lots is to correct a situation where two or more lots have merged
on title. Such new lots may be permitted anywhere in the County except on lands
within the Agricultural Area designation, provided the approval authority is satisfied
that:
a)
The merging of the lots was not a requirement of a previous planning
approval;
b)
The new lot is generally of the same shape and size as the lot that once
existed as a separate conveyable lot;
c)
The new lot can be serviced with an appropriate water supply and means
of sewage disposal provided there is confirmation of sufficient reserve
sewage system capacity and reserve water system capacity within
municipal sewage services and municipal water services;
d)
If municipal services are not available, the new lot can be adequately
serviced by on-site sewage and water systems;
e)
The new lot fronts on and will be directly accessed by a public road that is
maintained year-round by a public authority;
f)
There is no public interest served by maintaining the property as a single
conveyable parcel;
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g)
The new lot will conform to the access policies of the relevant road authority;
and,
h)
The new lot will meet the minimum lot size requirement in the local zoning
by-law.
F2
TRANSPORTATION
F2.1
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 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
Northumberland and the Province of Ontario;
c)
Establish an integrated transportation system that safely and efficiently
accommodates various modes of transportation including trains,
automobiles, trucks, air, public transit, cycling and walking;
d)
Develop a transportation system that will encourage unity within the County
and will satisfy local municipal transportation demands;
e)
Promote public transit, cycling and walking as energy efficient, affordable
and accessible forms of travel;
f)
Protect transportation corridors to facilitate the development of a
transportation system that is compatible with and supportive of existing and
future land uses;
g)
Ensure that appropriate right-of-way widths for all existing and proposed
roads are provided in accordance with the Planning Act;
h)
Ensure that the number of entrances onto the County Road system are kept
to a minimum and that only those entrances that comply with standards
established by the County of Northumberland and the Ontario Provincial
Standards (OPS) are permitted;
i)
Encourage the use of alternative development standards for roads, where
appropriate;
j)
Encourage the development of a walking and cycling trail system within the
open space system that is accessible to the public utilizing trails, paths,
streets and other public open spaces;
k)
Encourage the efficient use of land along transportation corridors to
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maximize the use of public transit; and,
l)
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.
F2.2
ROAD NETWORK
F2.2.1
Road Classification System
For the purposes of this Plan, all roads in the County are classified as follows:
a)
Provincial Highway;
b)
County Arterial Road;
c)
Arterial Road;
d)
Collector Road; and,
e)
Local Road.
Provincial highways, County Arterial Roads, Arterial Roads and some Local Roads
are shown on Schedule C to this Plan. Local municipalities may also identify
Collector Roads in their Official Plans. The function of all roads except Provincial
highways is described on Table L.
TABLE L
Function of Transportation Facilities
Type of Facility
Function
General Design Guidelines
County Arterial
Roads
Connect urban areas
and rural settlement
areas and Highway
401
Right-of-way
width
up to 36.5 m
-
Private driveways discouraged
-
2 to 4 travel lanes
Arterial Roads
Provide for travel
through urban areas to
County Arterial Roads
and Highway 401
-
Subject to policies of local
Official Plan
Collector
Roads/Local
Roads
Connect urban areas
and rural settlement
areas to County
Arterial and Arterial
roads
-
Subject to policies of local
Official Plan
F2.2.2
Right-of-Way Widths and Road Widenings
a)
The right-of-way width for any public road may allow for the placement of
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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, 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, such land
shall be dedicated 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 road widenings shall be
conveyed at no expense to the County or the local municipality in
accordance with the provisions of the Planning Act. As a general principle,
required road widenings will be taken equally from both sides of the right-
of-way. Unequal road widenings may be considered where:
i)
The area is the site of a topographic feature which is difficult to
overcome or costly to develop for road purposes; and/or,
ii)
The location of an identified cultural heritage resource limits design
options; and/or,
iii)
The presence of a significant natural heritage feature limits design
options; and/or,
iv)
The location of mature trees contributes to the character of an area.
e)
Notwithstanding the policies set out in this Plan, the County recognizes that
the reconstruction of 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
F2.2.3
County Road Design Standards
a)
The County of Northumberland Public Works Department is responsible for
County Roads located in the County. New development that requires
access to or fronts on a County Road must satisfy all requirements of the
Public Works and Planning Departments.
b)
Development adjacent to or impacting on County Roads is subject to the
County Roads Policies and entrance standards. In addition, setbacks from
County Roads, unless stated elsewhere in a County By-law passed under
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the Municipal Act, will be in accordance with the Ministry of Transportation
Corridor Control and Permit Procedures Manual.
c)
No development or redevelopment of lands shall be approved in close
proximity to a County Road that is scheduled for improvement until this
improvement has been sufficiently designed to determine the land required
for such improvement.
F2.2.4
Pedestrian and Cycling Routes and Facilities
a)
The County cycling network is shown on Schedule C to this Plan. Local
municipalities in conjunction with the County are encouraged to develop
interconnected systems of cycling and walking routes providing access to
major activity and employment areas and to future public transit.
b)
In order to plan for and encourage walking and cycling, local municipalities
are encouraged to:
i)
Consider the provision of safe and convenient cycling and walking
routes in the review of all development applications;
ii)
Provide for public access to shoreline areas such as Lake Ontario,
Rice Lake and the Trent River;
iii)
Require the provision of sidewalks in urban areas and rural
settlement areas, where appropriate;
iv)
Investigate and provide for bicycle lanes wherever possible in the
construction or reconstruction of roads and bridges;
v)
Encourage connections along the shoreline of Lake Ontario and
between urban area;
vi)
Encourage and support measures which will provide for barrier-free
design of pedestrian facilities;
vii)
Ensure that lands for bicycle/pedestrian paths are included with the
land requirements for roads;
viii)
Ensure that the rights and privacy of adjacent property owners are
factored into the design process for pedestrian and cycling routes;
and,
ix)
Ensure that all pedestrian and cycling routes are designed to be
safe.
c)
The Trans Canada Trail and the Waterfront Trail are also shown on
Schedule C to this Plan. The County recognizes that the establishment of
trail systems, in addition to conservation lands, parkland and other open
space areas greatly enhance the quality of life for residents of the County.
On this basis, the County supports and encourages the:
i)
The establishment of trails that are aesthetically pleasing, multi-
purpose, multi-season and which appeal to all ages and skill levels;
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ii)
The formation of partnerships with the public, non-profit and/or
private sectors in the provision and operation of trails, where a
benefit to a community can be achieved; and,
iii)
The acquisition of lands that can be used for County-wide and local
trails systems wherever possible.
F2.2.5
Private Roads
The development of new private roads or the extension of existing private roads to
provide access to a lot that is created pursuant to Section 53 of the Planning Act
after the effective date of this Plan is not permitted. The creation of new lots on a
private road that existed on the effective date of this Plan is subject to the policies
of the local Official Plan. Notwithstanding the above, the creation of private roads
in a Plan of Condominium is permitted.
F2.2.6
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 MTO's permit control area under the Public Transportation and
Highway Improvement Act (PTHIA) will be subject to MTO approval.
b)
Early consultation with MTO is encouraged to ensure the integration of
municipal planning initiatives with provincial transportation planning.
c)
Any new areas in the municipality identified for future development that are
located
to
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 will be
prohibited.
d)
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.
F2.2.7
Rail Network
The following policies apply to the rail network in the County:
a)
The County 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)
Industrial uses that are adjacent to existing rail lines will be encouraged to
use rail transport for the distribution of goods in order to reduce the burden
on the existing highway system and to better utilize existing infrastructure.
In addition, aggregate extraction operators will be encouraged to utilize rail
wherever possible to transport aggregate to market and thereby minimize
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the impact to truck travel on residents, businesses and the natural
environment.
c)
All proposed development adjacent to or in proximity to railway corridors
shall be based on the implementation of the recommendations of the
required noise and vibration studies as set out in Section F2.4 of this Plan.
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.
d)
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.
F2.2.8
Development in Planned Corridors
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. 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.
F2.3
NOISE AND VIBRATION
a)
It is a policy of this Plan to minimize any adverse noise and vibration
impacts from highways, arterial roads and railways on sensitive land uses.
To this end, a Noise Impact Study in accordance with Ministry of
Environment guidelines shall be undertaken for proposed development
involving sensitive land uses that are adjacent to or in proximity to a
highway, arterial road, industrial uses or other stationary point sources of
noise to the satisfaction of the approval authority.
b)
The approval of development applications shall be based on the
implementations of the required study, such as the restriction of new
residential and other sensitive land uses and the provision of appropriate
safety and mitigating measures and notices on title.
c)
A Noise Impact Study shall be required where proposed development
involving sensitive land uses is within 300 metres of a railway right-of-way
or 1,000 metres of a railway yard.
d)
A Vibration Study shall be required where proposed development involving
sensitive land uses is within 75 metres of a railway right-of-way.
e)
Noise and vibration studies shall be prepared to the satisfaction of the
approval authority in consultation with the appropriate railway agency. The
approval of development applications shall be based on the implementation
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of the recommendations of the required studies, such as the restriction of
new residential and other sensitive land uses and the provision of
appropriate safety measures, such as setbacks, berms and security
fencing, mitigating measures, and notices on title.
F2.4
LAND USE COMPATIBILITY
a)
Major facilities and sensitive land uses shall be planned and developed to
avoid, or if avoidance is not possible, minimize and mitigate any potential
adverse effects from odour, noise and other contaminants, minimize risk to
public health and safety, and to ensure the long-term operational and
economic viability of major facilities in accordance with provincial
guidelines, standards and procedures.
b)
Where avoidance is not possible in accordance with sub-section a),
planning authorities shall protect the long-term viability of existing or
planned industrial, manufacturing or other major facilities that are
vulnerable to encroachment by ensuring that the planning and development
of proposed adjacent sensitive land uses is only permitted if potential
adverse effects to the proposed sensitive land use are minimized and
mitigated, and potential impacts to industrial, manufacturing or other major
facilities are minimized and mitigated in accordance with provincial
guidelines, standards and procedures.
F2.5
ENERGY SUPPLY
a)
Planning authorities should provide opportunities for the development of
energy supply including electricity generation facilities and transmission
and distribution systems, to accommodate current and projected needs.
b)
Planning authorities should promote renewable energy systems and
alternative energy systems, where feasible, in accordance with provincial
and federal requirements.
c)
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 lands 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.
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G
IMPLEMENTATION AND
ADMINISTRATION
G1
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.
G2
OFFICIAL PLAN ADMINISTRATION
a)
It is the intent of this Plan to serve as the basis for managing change in the
County until 2051.
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.
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G3
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.
G4
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.
c)
At their sole discretion, Councils of the local municipalities may zone to
permit the continuation, expansion or enlargement of legally existing uses,
or variations to similar uses, provided that such uses:
i)
Have no adverse effect on present uses of surrounding lands or the
implementation of the provisions of this Plan;
ii)
Have regard for the MDS Formula as amended from time to time, if
applicable; and,
iii)
Are subject to any conditions that may be contained in a local Official
Plan.
G5
SITE PLAN CONTROL
The use of site plan control is encouraged in local municipalities to implement the
policies and provisions of this Plan and the local Official Plans, and to coordinate
and enhance the physical development of the local municipality.
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G6
COMMUNITY IMPROVEMENT PLANS
The goal of any Community Improvement Area shall be to foster and co-ordinate
the physical improvements and maintenance of older or dilapidated areas of a
community for environmental, social or community economic reasons.
G6.1
OBJECTIVES
Community Improvement Areas should be intended to achieve one or more of the
following objectives, such as:
a)
Encouraging the efficient provision and maintenance of physical
infrastructure, public services and utilities to serve present and future needs
on a local and regional scale;
b)
Addressing issues that may be particular to one neighbourhood;
c)
Ensuring the maintenance and renewal of older housing stock;
d)
Fostering redevelopment, reuse and/or maintenance of existing brownfield
sites and/or current industrial sites;
e)
Enhancing retail and downtown commercial areas within the municipalities;
f)
Encourage the preservation and adaptive re-use of built heritage;
g)
Promoting energy efficiency and sound environmental design;
h)
Fostering economic growth within designated areas;
i)
Promoting intensification in targeted areas;
j)
Enhancing the visual characteristics of neighbourhoods; and/or,
k)
Encouraging local participation in funding programs.
G6.2
IMPLEMENTATION
a)
Local municipal councils, under the Planning Act may choose to designate
Community Improvement Areas. Identifying a Community Improvement
Area shall be carried out through a by-law designating the whole, or any
part of the local municipality as a Community Improvement Area.
Background studies shall first be completed and made available to the
public outlining the need for the Community Improvement 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.
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c)
County Council may make grants or loans to the council of a local
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.
d)
The county may also prepare a Community Improvement Plan for projects
involving County infrastructure.
G7
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 identification of
infrastructure upgrades and service delivery requirements should be carried
out as early in the planning process for new urban expansion areas. This
long range planning should take the full build out of the urban expansion
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 urban expansion area. In addition, population and employment
forecasts should also be considered.
b)
It is not the intent of this policy to require the establishment of a rigid set of
criteria to be included within a Secondary Plan. Rather, it is to provide a
general understanding of how and when infrastructure is to be upgraded
and when service delivery is to be enhanced. Given that it is at times
difficult to anticipate the timing of private development, flexibility is required
to respond to changing circumstances in a manner that does not affect the
basic intent of the overall phasing plan for the urban expansion area and
the financial plans and studies that support the phasing plan.
G8
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. On this basis, before making any
planning decision, the approval authority 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.
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c)
The County will consult with First Nations on applications that will have the
potential to affect on aboriginal treaty rights and aboriginal interests.
G9
COMPLETE APPLICATIONS
G9.1
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
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.
G9.2
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.
G9.3
SUPPLEMENTAL SUBMISSION REQUIREMENTS
a)
This section lists the studies, plans or items required to support an
application
for
Official
Plan
Amendment
and
Plan
of
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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 G9.4 of this Plan. Regard should also be had to Section G9.5 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, which includes a review of the proposed
density of development;
ii)
Market Impact Study;
iii)
Urban Design Report;
iv)
Agricultural Impact Assessment;
v)
Environmental Impact Study/Natural Heritage Evaluation;
vi)
Environmental Site Assessment;
vii)
Master Servicing Plan;
viii)
Stormwater Management Report;
ix)
Site Evaluation Report;
x)
Servicing Study;
xi)
Noise/Vibration Study;
xii)
Hydrogeological Assessment;
xiii)
Traffic Impact Assessment;
xiv)
Archaeological Assessment;
xv)
Cultural Heritage Impact Assessment;
xvi)
Land Use Compatibility Assessment;
xvii)
Sub Watershed Study;
xviii)
Financial Impact Assessment;
xix)
Local Comprehensive Review;
xx)
Water Resource Management Report;
xxi)
Geotechnical Study; and,
xxii)
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, which includes a review of the proposed
density of development;
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ii)
Urban Design Plan;
iii)
Agricultural Impact Assessment;
iv)
Environmental Impact Study/Natural Heritage Evaluation;
v)
Stormwater Management Report;
vi)
Site Evaluation Report;
vii)
Servicing Study;
viii)
Traffic Impact Assessment;
ix)
Hydrogeological Assessment;
x)
Archaeological Assessment;
xi)
Cultural Heritage Impact Assessment;
xii)
Environmental Site Assessment;
xiii)
Land Use Compatibility Assessment;
xiv)
Tree Preservation Study;
xv)
Water Resource Management Report;
xvi)
Geotechnical Study; and,
xvii)
Any of the studies required by the approval authority that are not
reflected in the above list.
G9.4
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.
G9.5
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.
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G9.6
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.
G10
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.
G11
DEVELOPMENT CHARGES
The County may pass a Development Charges By-law in accordance with the
Development Charges Act.
G12
INTERPRETATION
G12.1
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.
G12.2
INTERPRETATION OF LAND USE DESIGNATION
BOUNDARIES
a)
The boundaries of the urban areas and rural settlement areas identified on
Schedule A-1 of this Plan are representative of the boundaries as
delineated in the local Official Plans and are considered to be firm
boundaries.
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b)
It is recognized that the boundaries of the Natural Heritage Area One
designation and the Natural Heritage Area Two overlay on Schedule A-2
may be imprecise and subject to change. An amendment to this Plan will
not be required if changes to the boundaries of the Natural Heritage Area
One designation and the Natural Heritage Area Two overlay are proposed
based on new information and are deemed to be appropriate by the
approval authority. Changes to the boundaries of Areas of Natural and
Scientific Interest requires the approval of the Provincial ministry with
jurisdiction. Changes to the boundaries of natural heritage features and
areas and individual supporting features and areas shown on Schedule B-
1 do not require an Amendment to this Plan.
c)
The boundaries of the Agricultural Area designation identified on Schedule
A-2 of this Plan are representative of the boundaries as delineated in the
local Official Plans and are considered to be firm boundaries.
d)
The boundaries of the Agricultural Area designation identified on Schedule
A-2 of this Plan can only be changed at the time of a County or local
municipal comprehensive review, if the change in the boundary is required
in conjunction with an expansion to an urban area or rural settlement area.
G12.3 LEGISLATION
Where this Plan makes reference to a Provincial Act, an Ontario Regulation, the
minimum distance separation formulae, the Provincial Policy Statement or a
Provincial plan, such reference shall include any subsequent amendments or
replacements.
G12.4
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.
G12.5
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
Planning Statement.
G12.6 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.
G12.7 DEFINITIONS
A number of terms in this Plan are defined if they are shown in italics. This section
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contains the definitions for these terms.
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.
Additional needs housing: 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 additional needs housing may include, but are not limited to long-term
care homes, adaptable and accessible housing, and housing for persons with
disabilities such as physical, sensory or mental health disabilities, and housing for
older persons.
Adjacent lands: means
a)
For the purposes of Section F2.2.8 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 D6 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 Sections E5.3.3 and E4.3 b) 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
d)
For the purposes of Section E3.5 g) 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;
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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 municipality;
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 municipality.
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
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.
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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.
Alvars: Means naturally open areas of thin or no soil over essentially flat limestone,
dolostone, or marble rock, supporting a sparse vegetation cover of mostly shrubs
and herbs.
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.
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
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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.
Compact built form: means a land use pattern that encourages the efficient use
of land, walkable neighbourhoods, mixed land uses (residential, retail, workplace,
and institutional) all within one neighbourhood, proximity to transit and reduced
need for infrastructure.
Compact built form can include detached and semi-detached houses on small lots
as well as townhouses, duplexes, triplexes and walk-up apartments, multi-storey
commercial developments, and apartments or offices above retail. Walkable
neighbourhoods can be characterized by roads laid out in a well- connected
network, destinations that are easily accessible by transit and active transportation,
sidewalks with minimal interruptions for vehicle access, and a pedestrian-friendly
environment along roads.
Complete Communities: means places such as mixed-use neighbourhoods or
other areas within cities, towns, and settlement areas that offer and support
opportunities for equitable access to many necessities for daily living for people of
all ages and abilities, including an appropriate mix of jobs, a full range of housing,
transportation options, public service facilities, local stores and services. Complete
communities are inclusive and may take different shapes and forms appropriate to
their contexts to meet the diverse needs of their populations.
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.
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,
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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).
Cultural and regenerating woodland: Means woodlands where the ecological
functions of the site are substantially compromised as a result of prior land use
activity and would be difficult to restore and/or manage as a native woodland and
which provide limited ecological function and ecosystem services. A woodland or
portion thereof is considered a cultural and regenerating woodland if all of the
following are met:
c)
The removal of a portion of woodland will not result in a negative impact to
the ecological functions of the remaining portion;
d)
There are no other important ecological functions that the woodland
provides (e.g., critical function zone for wetlands, etc.);
e)
The woodland or part therefore is not identified as another component of
the Natural Heritage System (e.g., significant wildlife habitat, linkage,
enhancement area, buffer);
f)
The canopy is dominated by invasive, non-native species including, but not
limited to: Norway Maple, Manitoba Maple, Siberian Elm, Scots Pine,
European Buckthorn, White Mulberry, Tree-of-heaven, Apple, Black Locust
and White Poplar, or any combination thereof;
g)
The area was not treed approximately 20 to 30 years ago as determined
through air photo interpretation or other suitable techniques;
h)
The soil is deemed to preclude the development of a native woodland; for
example: soil that is not native woodland soil or is degraded, soil that is
compacted, the top soil has been removed, soil displaying substantial
erosion from over-use and/or the woodland is regenerating on fill or spoil
that was introduced to the site; and
i)
The woodland provides limited social values (e.g., does not contain
sanctioned trails, nor currently provides organized research or educational
opportunities).
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
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has a sufficient quantity and quality to warrant present or future extraction.
Designated and available: means lands designated in the official plan for 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 for
growth or lands added to settlement areas that have not yet been fully developed.
Designated growth areas include lands which are designated and available for
residential growth in accordance with Section B10 a) as well as lands required for
employment and other uses.
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 an official plan for clusters
of business and economic activities including manufacturing, research and
development in connection with manufacturing, warehousing, goods movement,
associated retail and office, and ancillary facilities. An employment area also
includes areas of land described by subsection 1(1.1) of the Planning Act. Uses
that are excluded from employment areas are institutional and commercial,
including retail and office not associated with the primary employment use listed
above.
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
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recession extended over a one hundred year time span), an allowance for slope
stability, and an erosion/erosion access 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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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 provincial guidance or based on municipal approaches that
achieve the same objectives.
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 habitat within
the meaning of Section 2 of the Endangered Species Act, 2007.
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
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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).
Housing options: means a range of housing types such as, but not limited to
single-detached, semi-detached, rowhouses, townhouses, stacked townhouses,
multiplexes, additional residential units, tiny homes, laneway housing, garden
suites, rooming houses, multi-residential buildings, including low- and mid-rise
apartments. The term can also refer to a variety of housing arrangements and
forms such as, but not limited to, life lease housing, co-ownership housing, co-
operative housing, community land trusts, land lease community homes, additional
needs housing, multi-generational housing, student housing, farm worker housing,
culturally appropriate housing, supportive, community and transitional housing and
housing related to employment, educational, or institutional uses, such as long-
term care homes.
Hydrologic function: means the functions of the hydrological cycle that 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 including broadband,
transit and transportation corridors and facilities, active transportation systems, oil
and gas pipelines and associated facilities.
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Institutional use: for the purposes of Section E7.5 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 and underutilized
shopping malls and plazas;
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.
Intermittent streams: means stream-related watercourses that contain water or
are dry at times of the year that are more or less predictable, generally flowing
during wet seasons of the year but not the entire year, and where the water table
is above the stream bottom during parts of the year.
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 municipality; or b) in the case of rental housing, households with
incomes in the lowest 60 percent of the income distribution for renter households
for the municipality.
Major facilities: means facilities which may require separation from sensitive land
uses, including but not limited to airports, manufacturing uses, 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,
corridors and networks 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, primary transportation
corridors used for the movement of goods and those identified in provincial
transportation plans. Approaches that are freight-supportive may be recommended
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in provincial guidance or based on municipal approaches that achieve the same
objectives.
Major transit station area: means the area including and around any existing or
planned higher order transit station or stop within a settlement area; or the area
including and around a major bus depot in an urban core. Major transit station
areas generally are defined as the area within an approximate 500 to 800-metre
radius of a transit station.
Major trip generators: means origins and destinations with high population
densities or concentrated activities which generate many trips (e.g., strategic
growth areas, major office and office parks, major retail, employment areas,
community hubs, large parks and recreational destinations, public service facilities,
and other mixed-use areas).
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 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
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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.
Multimodal: means relating to the availability or use of more than one form of
transportation, such as automobiles, walking, cycling, buses, rapid transit, higher
order transit, rail (such as freight), trucks, air, and marine.
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
approaches that achieve or exceed the same objective may also be used.
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Negative impacts: means
a)
in regard to Section B8.2 potential risks to human health and safety and
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 fish habitat, any harmful alteration, disruption or destruction of
fish habitat, except where an exemption to the prohibition has been
authorized under the Fisheries Act;
c)
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.
d)
in regard to Section C6, 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; and
e)
in regard to Section F2.2.8, any development or site alteration that would
compromise or conflict with the planned or existing function, capacity to
accommodate future needs, and cost of implementation of the corridor.
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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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
combined with individual on-site water services; or
b)
Municipal water services or private communal water services combined
with 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 aggregate
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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.
Provincial and federal requirements: means
Provincial and federal requirements: means
a)
in regard to Section D7.2 c), legislation and policies administered by the
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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
b)
in regard to Section D7.2 d), 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, including but not
limited to schools, hospitals and community recreation facilities, 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, child care
and educational programs, including elementary, secondary, post-secondary,
long- term care services, 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.
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 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 waste
water treatment facility, within municipal sewage services or private communal
sewage services, which is not yet committed to existing or approved development.
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For lot creation using private communal sewage services and individual on-site
sewage services, reserve sewage system capacity includes approved capacity to
treat and land-apply, treat and dispose of, or dispose of, hauled sewage in
accordance with applicable legislation but not by land-applying untreated, hauled
sewage. Treatment of hauled sewage can include, for example, a sewage
treatment plant, anaerobic digestion, composting or other waste processing.
Reserve water system capacity: means design or planned capacity in a water
treatment facility which is not yet committed to existing or approved development.
Reserve water system capacity applies to municipal water services or private
communal water services, and not individual on-site water services.
Rural areas: means a system of lands within municipalities that may include 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.
Rural Settlement Areas: Means the settlement areas in the County that are not
considered to be urban areas.
Sand barren: means land (not including land that is being used for agricultural
purposes or no longer exhibits sand barren characteristics) that:
a)
Has sparse or patchy vegetation that is dominated by plants that are:
i)
Adapted to severe drought and low nutrient levels; and
ii)
Maintained by severe environmental limitations such as drought,
low nutrient levels, and periodic disturbances such as fire;
b)
Has less than 25 per cent tree cover;
c)
Has sandy soils (other than shorelines) exposed by natural erosion,
depositional process, or both; and
d)
Has been further identified, by the Ministry of Natural Resources and
Forestry or by any other person, according to evaluation procedures
established by the Ministry of Natural Resources and Forestry, as amended
from time to time.
Savannah: Means land (not including land that is being used for agricultural
purposes or no longer exhibits savannah characteristics) that:
a)
Has vegetation with a significant component of non-woody plants, including
tallgrass prairie species that are maintained by seasonal drought, periodic
disturbances such as fire, or both;
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b)
Has from 25 per cent to 60 per cent tree cover;
c)
Has mineral soils; and
d)
Has been further identified, by the Ministry of Natural Resources and
Forestry or by any other person, according to evaluation procedures
established by the Ministry of Natural Resources and Forestry, as amended
from time to time.
Seepage Areas and Springs: Means sites of emergence of groundwater where
the water table is present at the ground surface.
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 A1 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, coastal wetlands and areas of natural and scientific
interest, an area identified as provincially significant using evaluation
criteria and 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
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criteria and procedures established by the Province;
c)
in regard to other features and areas in Section C3 of this Plan, 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; and
d)
in regard to mineral potential, an area identified as provincially significant
through provincial guidance, such as the Provincially Significant Mineral
Potential Index.
e)
in regard to cultural heritage and archaeology, resources that have been
determined to have cultural heritage value or interest. Processes and
criteria for determining cultural heritage value or interest are established by
the Province under the authority of the Ontario Heritage Act.
Criteria for determining significance for the resources identified in section c)-d) are
provided in provincial guidance, 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.
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:
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.
Strategic growth areas: means within settlement areas, nodes, corridors, and
other areas that have been identified by municipalities to be the focus for
accommodating intensification and higher- density mixed uses in a more compact
built form.
Strategic growth areas include major transit station areas, existing and emerging
downtowns, lands in close proximity to publicly-assisted post- secondary
institutions and other areas where growth or development will be focused, that may
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include infill, redevelopment (e.g., underutilized shopping malls and plazas),
brownfield sites, the expansion or conversion of existing buildings, or greyfields.
Lands along major roads, arterials, or other areas with existing or planned frequent
transit service or higher order transit corridors may also be identified as strategic
growth areas.
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.
Tallgrass prairie: means land (not including land that is being used for agricultural
purposes or no longer exhibits tallgrass prairie characteristics) that:
a)
Has vegetation dominated by non-woody plants, including tallgrass prairie
species that are maintained by seasonal drought, periodic disturbances
such as fire, or both;
b)
Has less than 25 per cent tree cover;
c)
Has mineral soils; and
d)
Has been further identified, by the Minister of Natural Resources and
Forestry or by any other person, according to evaluation procedures
established by the Ministry of Natural Resources and Forestry, as amended
from time to time.
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.
Urban Areas: Means those settlement areas in the County that have built
boundaries established pursuant to the Growth Plan. These Urban Areas are
Brighton, Campbellford, Hastings, Colborne, Cobourg and Port Hope.
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.
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
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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.
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."
Woodland enhancement plan: means a study that is carried out when a
proponent proposes to remove a woodland or portion of a woodland, including
cultural and regenerating woodlands where the purpose of the woodland
enhancement is to increase woodland cover in the County as part of a longer term
perspective. The woodland enhancement plan must be prepared to the satisfaction
of the approval authority, in consultation with other agencies. As part of
requirement for a woodland enhancement plan the following should be taken into
consideration:
a)
If the removal occurs within a settlement area that the enhancement also
be provided in the settlement area;
b)
If the removal occurs within a developed shoreline areas that was
designated and zoned for concentrations of such development as of July 1,
2017 that the enhancement also be provided in the same general area;
c)
That the enhancement be in the form of a woodland and not just the planting
of individual trees, i.e., street planting or ornamental tree planting in a park
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setting is not considered woodland enhancement;
d)
The goal of the woodland enhancement is it so create a native woodland of
equal or greater size;
e)
Landscape ecology principles including size, patch shape, connectivity,
edge to area ratio should be considered;
f)
Responsibilities will be determined for who will undertake the restoration of
the woodland and the schedule for implementing the plan;
g)
The woodland enhancement plan includes a program for the long-term
maintenance and management of the restoration woodland until such time
as it is deemed to be self-sufficient or when a public agency assumes
responsibility for it; and,
h)
The plan includes a monitoring plan and periodic reporting to determine if
the woodland is progressing toward the approved goal(s) and objectives of
the Plan.
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PART 3
THE APPENDICIES
APPENDIX A - KARST TOPOPGRAPHY
PHASE 1 - DESKTOP STUDY AND SITE VISIT
A desktop evaluation and site visit, undertaken by a qualified geoscientist with
knowledge and experience in identification of karst topography, shall be
undertaken to determine the potential for the presence of karst hazard. The
desktop evaluation shall include but not be limited to the search and review of the
following information:
i)
Mapping that shows historic and present day karst, ground and bedrock
topography, physiography, hydrology, Quaternary and Paleozoic bedrock
geology, glacial tills and partial aquitards;
j)
Existing engineering, geological (including oil / gas and geotechnical well
records), hydrogeologic, hydrologic, geographic, agricultural studies and
land use publications;
k)
Surface water and groundwater well record data to determine the position
of the water table and seasonal fluctuations, rainfall records, river discharge
data, water chemistry data;
l)
Comparison of historic and recent air photos and / or satellite imagery to
determine changes in the landscape that may have resulted from
karstification and subsurface drainage and / or anthropogenic changes;
m)
A visit to the property to provide comparison to historic air photo and / or
satellite imagery to evaluate changes in the landscape
If the Phase 1 evaluation determines that karst is not present, no further study of
karst is required in support of a Planning Act or building permit application. Should
the evaluation identify the presence of karst features and / or karst terrain
characteristics, a Phase 2 evaluation will be required.
PHASE 2 - FIELD-BASED KARST INVESTIGATION
In areas where a Phase 1 evaluation has identified the presence of karst features
and / or karst formation characteristics, a field-based karst evaluation shall be
required, to be undertaken by a qualified geologist.
A terms-of-reference shall be completed in consultation with the appropriate
approval authority and / or any relevant agencies which outlines the investigation
type that will be undertaken for the subject lands. The types of field work required
will be determined based on the areal extent and complexity of the proposed
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development relative to the risk or potential for impacts related to karst. The types
of field work that may be required include, but are not limited to, the following:
n)
Passive Geologic/Geomorphologic Methods - primarily for the detection
and mapping of sinkholes and caves;
o)
Soil Probing-to determine the risk of soil subsidence;
p)
Rock Drilling and Well Records- to determine the karstic nature of the
bedrock groundwater;
q)
Dye-Tracer Studies- to determine the sources, speed and direction of
shallow potable water movement within bedrock.
PHASE 3 - MITIGATION
In areas where a Phase 2 evaluation confirms the presence of a karst hazard, a
geotechnical study and land use compatibility study shall be undertaken by
qualified individuals. The studies shall be required to:
r)
Assess the impacts and risks to surface and groundwater contamination
and/or construction restrictions due to unstable bedrock conditions;
s)
Identify compatible land use activities for which the karst topography does
not pose a hazard, including identifying incompatible industrial and waste
management uses that may contaminate the groundwater and alter the
water table;
t)
Establish any required development restrictions including limiting extensive
blasting, intensive construction that would create excessive weight, and the
alteration of drainage that could compromise underlying caves or buried
sinkholes;
u)
Establish, where necessary, a karst feature buffer to restrict development
around a specific hazard.