1       INTRODUCTION

 

The Township of Laird is a rural community with a population size of 1,078 (2006), whose vision is to improve the quality and range of municipal services it provides and to offer an attractive lifestyle that reflects its rural character.

 

The Township of Laird is approximately 40 kilometers south east of Sault Ste. Marie, Ontario along the Trans Canada Highway. The Township covers 101 square kilometers, which borders the Township of Macdonald, Meredith and Aberdeen Additional, the Township of Tarbutt and Tarbutt Additional, the Township of Johnson, and Lake George.

 

The Township, due to its location along the Trans Canada Highway is able to provide direct access to all of the conveniences of a larger community while at the same time maintaining a tranquil country atmosphere. The Township is made up of commercial businesses that suit the rural atmosphere taking advantage of the seclusion. The types of commercial businesses in Laird are made up of construction companies, automotive, salvage yards, storage, commercial farms, horse stables, farm supplier, a raceway, and an airport. Residents are able to travel to other communities such as the Village of Echo Bay, the City of Sault Ste. Marie, the Village of Desbarats, or the Village of Hilton Beach and Richards Landing for educational, commercial, social, and medical services.

 

The community’s employment base is closely tied to resource-based activities. Agriculture is very important in the Township; it is a major asset in terms of the economic base and rural character.

 

Laird Township is a community very much oriented to the out-of-doors. The rural setting caters to activities such as fishing, ice-fishing, hunting, swimming, four-wheeling, snowmobiling, and hiking. The Township also provides recreational venues such as baseball fields, Laird Fairgrounds, Centennial Park, Pumpkin Point Bird Watching Station, G.W. Evoy Memorial Rink, and snowmobile trails. The Township has also become well known for the Laird International Raceway. People from far and wide enjoy watching local and out-of-town drivers compete in various classes.

 

Laird is a very affordable place to live. It is a quiet and safe atmosphere for raising children that has a great sense of community.

 

 

2       PURPOSE OF THE OFFICIAL PLAN

 

The Official Plan will act as the official land use document for the Municipality of Laird. The purpose of this Official Plan is to set out goals, objectives, policies, and implementation measures to promote and guide private and public development and site alteration in the municipality over the next 20 years (2009 – 2029) while having regard for the effects on the recreational, social, economic, and natural environment of the municipality. The Official Plan is to form the basis for decisions regarding zoning, land use controls and future planning initiatives. The Official Plan represents collective concerns and thoughts of the population obtained through public input.

 

While the Official Plan establishes goals and the policies to achieve them, it is intended to be flexible and respond to external changes. This will require that the plan be reviewed and updated regularly to ensure that the plan is satisfying the changing needs of the community. The period for review is five years, and can be put under review at any time if an event so warrants.

 

 

3       BASIS OF THE OFFICIAL PLAN

 

This is the first Official Plan to be adopted by the Council of the Corporation of the Township of Laird. Council passed a resolution, September 5, 2007, endorsing the creation of the Official Plan and implementation.

 

In creating this Official Plan research was undertaken with respect to demographic changes, housing and settlement patterns, commercial and industrial development and site alteration, environmental matters and a variety of other land use issues. Careful consideration has also been given to the input received from a broad spectrum of agencies, groups and organizations, and the general public.

 

The Official Plan is the principal land use policy document for the Township of Laird. It is a formal statement by Council stating land use goals, objectives, and policies, intended for the guidance of public and private development and site alteration decisions within the Township of Laird. It shall form the basis for decisions regarding the Township’s Zoning By-law, other land use controls, and future planning initiatives during the 20-year life span of this Official Plan.

 

It is acknowledged that municipal planning is conducted within a provincial regulatory framework. This Official Plan has been prepared with regard to the Provincial Policy Statement issued by the Province of Ontario in 2005. Any future amendments to this Official Plan shall also have regard to the Provincial Policy Statement, as amended from time to time.

 

 

1       GOAL OF THE OFFICIAL PLAN

 

The goal of the Official Plan is to supply the Township of Laird with an appropriate decision-making framework that will provide clear and consistent direction for the land use development and site alteration over the next 20 years (2009 – 2029).

 

 

2       STRATEGIC OBJECTIVES

 

4.1     Promote land use patterns, provisions of services and facilities which will enhance health, safety, and well being of current and future residents.

 

4.2     Promote development and site alteration which occurs in an efficient and cost effective manner.

 

4.3     Direct development and site alteration away from areas that pose risk to public health, safety or damage property.

 

4.4     Balance various land uses to meet the needs of community.

 

4.5     Preserve and enhance quality of natural, social, and cultural environments.

 

4.6     Create choice opportunities for employment, housing, recreation and overall quality of life for residents.

 

4.7     Continue to promote relationship between the municipality and surrounding communities to ensure effective planning across political boundaries and coordination of management.

 

 

4.8     Sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas, to accommodate an appropriate range and mix of employment opportunities, housing and other land use to meet projected needs for a time horizon of up to 20 years.

 

4.9     Maintain a minimum ten-year overall land supply and a three-year supply of approved lots for residential development. To provide for a range of housing to meet various socio-economic needs, through a combination of intensification, redevelopment and new development in appropriate locations in Laird.

 

4.10   To protect sensitive land uses from incompatible land uses.

 

4.11   To designate land uses which will accommodate development and redevelopment having regard for the health, safety, convenience and needs of the present and future population.

 

4.12   To conserve the natural heritage features of the community, and avoid development and site alteration where it may compromise public health, and safety.

 

4.13   To conserve the Townships cultural heritage and ensure that archeological resources, if identified, are also conserved.

 

4.14   To conserve and protect areas of agricultural resources to retain and encourage agricultural operations.

 

4.15   To establish the basis and framework for the municipal zoning By-law and for successive and more detailed planning initiatives.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6       INTERPRETATION OF THE OFFICIAL PLAN

 

The following policies provide guidance for the understanding and interpretation of the text, maps, schedules, figures of this Official Plan.

 

6.1        The Official Plan should be read as a whole to understand its comprehensive intent as a policy framework for the Township of Laird.

 

6.2        Words shown in italicized script in this Official Plan (except for the names of specific Acts or legislation) are words or terms defined in the Provincial Policy Statement of March 2005 and set out in Section 18 (Definitions) of this Official Plan. Also included are the Township of Lairds definitions to better understand words and terms that are not defined in the Provincial Policy Statement of March 2005. All of the definitions shall apply in the interpretation of the policies of this Official Plan and their applications to development proposals and planning applications.

 

6.3        It is the intent of this Official Plan that planning applications ‘shall be consistent with’ the Provincial Policy Statement in effect at the time the application is made.

 

6.4        It is intended that the location of constraints and the boundaries of the land use designations shown on the Official Plan Schedules are approximate. Amendments to the Official Plan will not be required in order to make appropriate variations to the boundaries of land use designations, features, other symbols, or to the location of roads, and to the other Provincial plans, the general intent of this Official Plan is maintained.

 

6.5        It is intended that all figures are numerical quantities, where they may appear in this Official Plan, shall be considered as approximate unless otherwise stated. Amendments to the Official Plan will not be required for any reasonable variance from any of the proposed figures or numerical quantities.

 

6.6        Examples of permitted uses provided in the land use policies of this Official Plan are intended to indicate the possible range of uses considered appropriate and are not to be interpreted as exclusive unless otherwise stated as such. However, any proposed uses not listed shall only be permitted where they are determined to be in conformity with the general intent and policies of the land use designations of this Official Plan. The Municipality may recognize existing uses in the zoning by-law, notwithstanding that the use may not be permitted under the applicable land use designation.

 

6.7        Where an Act or portion of an Act is referred to in this Official Plan, such references will be interpreted to include any subsequent legislation that may supersede the Act so named.

 

6.8        Where the Official Plan makes reference to another document that provides more detailed information in the interpretation of this Plan, reference shall be made to the original document, where necessary, in implementing the policies of this Plan.

 

6.9        In this Official Plan the term “the Municipality” and “the Township” means the Corporation of the Township of Laird, reference to “Council” means the Council of the Township of Laird, and “the community” refers to all the residence and property owners of the Township of Laird.

 

 

 

 

 

 

 

 

7       Hamlet Policy Area

 

The Township of Laird has two hamlet areas which are located in Bar River and Laird Hill (Pumpkin Point Road). These areas are shown on Schedule ‘A’, and are intended to provide for housing and other land uses that are integral to, and supportive of, a residential environment. It is important to Council and the community to maintain its rural character. Residential development and site alteration will need to be monitored consisting of single detached dwellings on large lots serviced with private water and private sewage services.

 

 

7.1      Goal

 

           The goal is to maintain and promote an attractive and safe living environment.

 

 

7.2      Objectives

 

7.2.1     Encourage the identification and protection of environmental features.

 

7.2.2     Avoid development, site alteration, and land use patterns which may cause environmental or public health and safety concerns.

 

7.7.3     Avoid development, site alterations, and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas.

 

7.2.3     To upgrade and maintain the road systems on an ongoing basis to meet current and projected needs.

 

7.2.4     Ensure that necessary infrastructure, parkland, and public service facilities are or will be available to meet current and projected needs.

 

 

7.3      Location

 

There are two Hamlet Policy Areas shown on the Schedule ‘A’ of this Official Plan. The two Hamlets are located in Bar River and Laird Hill (Pumpkin Point Road).

 

 

 

 

7.4      Permitted Uses

 

The Hamlet Policy Area may include a range of permitted uses such as residential development and site alteration, accessory buildings and/or structures, public service facilities, institutions, commercial servicing the hamlet community, and public spaces, parks and open spaces.

 

 

7.5      Policies

 

7.5.1     The lot shall be serviced with private water and sewage services where site conditions are suitable for the long-term provision of such services. Algoma Public Health approvals, where required, must be obtained.

 

Council may consider private communal servicing for the Hamlet designation area, if it is determined to be economically viable and safe for the long-term provision of such services. Algoma Public Health approvals, where required, must be obtained.

 

7.5.2     A lot shall have frontage on and direct access onto a municipal maintained road.

 

7.5.3     Development may be by plan of subdivision, infill, redevelopment, or development by land severance, where municipal services are available and where zoning standards can be met.

 

The majority of new growth in the Hamlet Policy Area will occur through infill, intensification, and redevelopment in the built up areas. In some cases designating lands for new development may be the only option. Council would like to see future growth to occur adjacent to the built up areas in the Township, making the most efficient use of infrastructure and public service facilities.

 

Council may identify a settlement area or consider the expansion of the Hamlet Policy Areas only at the time of comprehensive review and only where it has been demonstrated that:

 

a)  Sufficient opportunities for growth are not available through intensification, redevelopment, and designated growth areas to accommodate the projected needs over the identified planning horizon;

 

b)  The infrastructure and public service facilities which are planned or available are suitable for the development over the long term and protect public health and safety;

c)  Impacts from new or expanding settlement areas on agricultural operations which are adjacent or close to the settlement area are mitigated to the extent feasible.

 

7.5.4     Vacant blocks of land may be acquired and developed by the municipality for residential purposes.

 

7.5.5     The Hamlet will be the preferred location for the specialized housing needs for seniors and may be addressed through participation in assisted housing programs on a joint or individual municipal basis.

 

7.5.6     Public spaces, parks and open space uses are permitted in the Hamlet Policy Area and are subject to the policies of Section 11 (Parks and Open Space).

 

 

7.6      Implementation

 

7.6.1     The Municipality may take advantage of provincial and/or federal housing programs to facilitate the delivery of affordable housing.

 

7.6.2     Enforce the Ontario Building Code.

 

7.6.3     Evaluating development applications for conformity to policies of this Official Plan and the Provincial Policy Statement.

 

7.6.4     Allocating funds from the municipal budget on an ongoing basis for community improvements.

8       Rural Policy Area

 

The Township of Laird is a small community with a large renewable and non-renewable resource base. There is a responsibility to manage and protect the resource base for its economic value for current and future generations and to maintain the predominant rural character. In order to do this lands have been designated on Schedule ‘A’ as “Rural” setting out specific policies to protect the rural agriculture environment. Residential development and site alteration will need to be monitored, consisting of only single detached dwellings on large lots serviced with private water and private sewage services. Other uses related to the rural settings may be permitted, such as agricultural uses, riding and boarding stables, compatible outdoor recreational areas, veterinary clinics, and pits and quarries. Home occupations, neighborhood commercial, minor institutional and recreational uses may also be permitted. Limited rural-related commercial and industrial activities may be permitted on a site specific basis.

 

 

8.1      GOAL

 

To encourage activities relating to the management or use of resources, resource based recreational activities, residential development and other rural land uses.

 

 

8.2       OBJECTIVES

 

8.2.1     To preserve rural character of the area and protect the natural environment.

 

8.2.2     Protect and encourage the retention of viable agricultural operations by minimizing land use conflicts between agricultural and non-agricultural uses.

 

8.2.3     To conserve and protect natural and renewable resources.

 

8.2.4     To minimize incompatible land uses.

 

8.2.5     To minimize adverse environmental impacts.

 

 

8.3      LOCATION

 

The rural designation essentially applies to the majority of land in the Township of Laird which has not otherwise been placed in one of the primary land use designations.

 

 

8.4      LAND USES

 

Within the Rural Policy Area, the following mix of land uses will be recognized:

 

a)  Rural Residential

 

b)  Rural Commercial

 

c)  Rural Industrial

 

d)  Rural Parks and Open Space

 

e)  Rural Waste Disposal

 

f)   Rural Locally Significant Agriculture

 

g)  Rural Forestry

 

 

8.5      PERMITED USES

 

The Rural Policy Area shall permit uses related primarily to the management or use of resources and resource-based recreational activities. The land use pattern shall be made up of a mix of land uses which include rural residential uses, commercial uses, industrial uses, public spaces, parks and open space, public service facilities, resource activities, sleep cabin, hunt camp or fish camp, and existing private commercial Airports. Other features include natural heritage features and areas.

 

Accessory buildings and structures to any of the foregoing uses shall be permitted.

 

 

8.6      POLICIES

 

8.6.1     New land uses, including the creation of lots, and new or expanding livestock operations shall comply with the Minimum Distance Separation Formulae and the Nutrient Management Act.

 

8.6.2     Airfields are permitted in the Rural Policy Area where they meet the requirements of the federal Aeronautics Act and other relevant environmental approvals. Any future and existing airports shall be protected from incompatible land uses and development and site alteration in accordance with the Provincial Policy Statement.

 

8.6.3     Public service facilities may be permitted in the Rural Policy Area where there is no alternative in a built-up area. Public service facilities shall be subject to the policies of Section 12 (Public Service Facilities policy area) of this Official Plan.

 

 

Rural Residential

 

8.6.4     Residential development on lots in areas designated as Rural may be permitted in accordance with the following considerations:

 

a) Lots shall be no less than 2760 square meters in area and have a minimum of 46 meters frontage;

 

b) a residential lot shall be serviced with private water and private sewage services where site conditions are suitable for the long-term provision of such services. Algoma Public Health approvals, where required, must be obtained;

 

c) lots shall have frontage on and have direct access to municipally maintained road; and,

 

d) all development and site alterations shall have regard for the natural features of the site in order to retain as much of the rural character of the general area as possible. Every effort should be made to retain and preserve the natural vegetation on the lot.

 

8.6.5     Garden suites are permitted in the Rural Policy Area subject to the policies of Section 17.5.1 (Garden Suites) of this Official Plan.

 

8.6.6     Any development and site alterations proposed within 30 meters of the high water mark may be subject to the applicable policies of Section 9 (Waterfront Policy Areas) of this Official Plan.

 

 

Rural Commercial

 

8.6.7     Highway commercial uses which serve the traveling public and the trucking industry such as service stations, repair garages, hotels, restaurants and uses which require large land areas and highway exposure such as sales outlets, dealerships, fresh fruit markets may be permitted principally along Highway 17. Outdoor storage and loading areas associated with commercial uses shall be visually screened or appropriately located in such a way to not detract the traveling public. Provincial Highway access controls will apply and may limit or prohibit direct access onto the highway. Ministry of Transportation approvals, where required, must be obtained.

 

8.6.8     Recreational and tourist commercial uses may be permitted where they can be compatibly integrated with other rural land uses and can take advantage of topography, tree cover, scenic vistas and other natural amenities.

 

8.6.9     Any commercial development and site alterations proposed within 30 meters of the high water mark of any lake and/or water body may be subject to the applicable polices of Section 9 (Waterfront policy areas) of this Official Plan.

 

 

Rural Industrial

 

8.6.10   Industrial uses are permitted in the Rural Policy designation. Industrial uses shall be related to the rural environment or are resource related.

 

8.6.11   The location of new industrial uses or expansion of existing industrial uses shall be sensitive to existing residential and other industrial uses to avoid potential land use conflict. Preference will be given to locations adjacent to existing industrial uses and to those that have proper access.

 

Reference Document: D-6 Compatibility Between Industrial Facilities and Sensitive Land Uses, Ministry Land Use Manuals and Guidelines which provides appropriate direction for municipal planning.

 

 

8.6.12   Outdoor loading and storage facilities associated with industrial uses shall be visually screened or appropriately located in such a way to not detract the traveling public or residential neighbors.

 

8.6.13   Industrial uses may be serviced with private water and sewage services and Algoma Public Health approvals, where required, must be obtained in order for the Industrial use to be permitted in the Township.

 

8.6.14   Each industrial use shall provide adequate measures to minimize or avoid negative environmental impacts caused by noise, industrial waste emissions, or sewage disposal. An environmental impact statement may be required by Council prior to rezoning for any proposed use or expansion. All industrial uses shall obtain the required environmental approvals as a condition of development.

 

8.6.15   Redevelopment of abandoned industrial sites or brownfield sites will be strongly encouraged.

 

8.6.16   Consideration will be given to energy efficient and sustainable design in industrial development and for accessibility by those with physical and other challenges.

 

8.6.17   Environmental approvals shall be obtained where required.

 

8.6.18   Any industrial development and site alteration proposed within 30 meters of the high water mark shall be subject to the applicable polices of Section 9 (Waterfront policy areas) of this Official Plan.

 

 

Rural Parks and Open Space

 

8.6.19   Public spaces, parks and open space uses are permitted in the Rural Policy Area and are subject to the policies of Section 11 (Parks and Open Space).

 

 

Rural Waste Disposal

 

8.6.20   The Municipality supports the development of inter-municipal efforts for waste disposal and associated initiatives for the reduction, reuse, recycling and recovery of waste materials.

 

8.6.21   The existing active site or new sites within the Municipality may only be operated, expanded, or closed in accordance with current Ministry of Environment standards and approvals.

 

8.6.22   The site located off Government Road will serve as the principle waste disposal site for the Municipality of Laird.

 

8.6.23   The Ministry of the Environment shall be consulted on all development and site alteration proposed with private services (sewage and water), or expansion of current use, located within 500 meters of the boundaries of open or closed landfill sites. These proposals will require an Environmental Impact Assessment Report to demonstrate that the water supply of the proposed development and site alteration is not negatively impacted and that other problems are not present (e.g., leachate, methane gas, rodents and vermin). Also a hydrological test will be required.

 

Reference Document: D-5 Planning for Sewage and Water Services, Ministry Land Use Manuals and Guidelines which provides appropriate direction for municipal planning.

 

8.6.24   Closed landfill sites are deemed as unsuitable for other land use activities, unless separate approvals from the Minister of Environment are obtained for the development and site alterations of such lands. Information can be found in the ‘Operational Guidance for Obtaining Environmental Protection Act Section 46; Approval for the use of Lands Previously used for Disposal of Waste’.

 

        Rural Locally Significant Agriculture

 

8.6.25   Agriculture uses, secondary uses, and agriculture-related uses are permitted uses in the Rural Policy designation.

 

8.6.26   Active farming operations will be protected from incompatible land uses and may be enlarged where compatible with surrounding land uses and where the standards of Minimum Distance Separation Formulae are respected.

 

8.6.27   Lot division on lands used for agriculture will be discouraged except for agricultural uses, agriculture-related uses, a residence surplus to a farming operation as a result of farm consolidation, infrastructure where the facility or corridor cannot be accommodated through the use of easements of rights-of-way, and for legal or technical reasons.

 

8.6.28   New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the Minimum Distance Separation Formulae.

 

8.6.29   Livestock operations shall comply with the requirements of the Nutrient Management Act, as amended from time to time.

 

8.6.30   Industrial or business agriculture uses such as food processing farm services, farm equipment sales and services are permitted, as agriculture-related uses, provided they are compatible with agricultural activities and the surrounding land uses. Such uses must be compatible with agricultural activities and shall comply with the Minimum Distance Separation Formulae wherever possible, and should be encouraged to locate on lands with lower soil capability.

 

 

Rural Forestry

 

8.6.31   Forestry is a permitted land use activity in the Rural Policy Designation.

 

8.6.32   Forestry activities such as timber management and timber harvesting activities on Crown land, agroforestry, wood land improvements agreements with private property owners and improvement in the forest as a natural resource shall be recognized and encouraged.

 

 

 

 

 

 

 

8.7      Implementation

 

8.7.1     Evaluating development applications for conformity with all policies of this Official Plan.

 

8.7.2     To consult with the Ministry of the Environment with respect to matters of waste disposal.

 

8.7.3     Enforce the Ontario Building Code.

9       Waterfront Policy Area

 

The waterfront comprises those lands along the Great Lakes costal area, Lake George portion of the St. Mary’s river, forming the Township of Lairds Western boarder. The waterfront also includes the Township lands surrounding Becking Lake, Reserve Lake, McCarrel Lake, and Cloudy Lake, together with lands on either side of the Bar River, and the waterfront land on Sankey Island, Iron Island, Neebish Island, Thorn Island, Four Island, and Watson Island.

 

The waterfront is recognized as a valued amenity providing a peaceful scenic atmosphere. The waterfront along the Western boarder of the Township of Laird, Great Lakes costal area, provides public access for the community. There is a public boat launch at the North end of Point Drive. There is public access at the waters end of the West end of Neebish Road. At Pumpkin Point Park there is a park, beach and a bird watch station for all to enjoy.

 

In directing the future development and site alteration of the Townships waterfront, there is a need to increase and improve public access, to encourage a greater mix of land uses, and to recognize and protect key natural features along the waterfront.

 

 

9.1      GOAL

 

The goal is to manage the waterfronts natural features and character for the long term and to avoid negative environmental impacts.

 

 

9.2      OBJECTIVES

 

9.2.1     Ensure that new development is consistent with the scale and character of the shoreline residential area.

 

9.2.2     Encourage improvements to the infrastructure in the shoreline area.

 

9.2.3     Minimize the impacts of any new development and site alteration on the natural shoreline, natural heritage features and areas, and groundwater features of the area.

 

9.2.4     Encourage efforts to attract residents and visitors to the waterfront by providing for an appropriate mix of land uses in suitable waterfront locations.

 

 

9.3      LOCATION

 

The Waterfront Policy Area generally applies to a depth of 30 meters from the high water mark of a lake, major tributary, or river to a lake.

 

 

9.4      PERMITTED USES

 

Waterfront Policy Area shall include a range of permitted uses such as Residential development, recreational commercial, and publicly-accessible built and natural settings for recreation.

 

Accessory buildings and structures to any of the foregoing uses shall be permitted.

 

 

9.5      POLICIES

 

9.5.1     The lot shall be serviced with private water and private sewage services where site conditions are suitable for the long-term provision of such services. Algoma Public Health approvals, where required, must be obtained.

 

Council may consider private communal servicing for the Waterfront designation area, if it is determined to be economically viable and safe for the long-term provision of such services. Algoma Public Health, approvals, where required, must be obtained.

 

9.5.2     The minimum setbacks will be required from the shoreline of a lake, river or tributary for a dwelling, a sewage disposal system or non-residential use or building. Minimum setbacks will also be required for an accessory building such as garden shed, gazebo, viewing station or similar minor building; a sauna and/or boat house is exempted from setback restrictions. Reductions to the required setback may be permitted by Council, where site conditions warrant it (e.g. an existing lot of record, a substandard lot depth, a steep slope).

 

9.5.3     Preserve the shorelines natural state when developing lots along the waterfront.

 

9.5.4     Development and site alterations will be restricted or prohibited on lands adjacent to a water body where the water body has reached or may reach its development capacity. Adjacent refers to any development within 300 meters of the shoreline, lake, or an associated tributary.

 

9.5.5     The Municipality shall maintain an inventory of existing development and vacant lots of record on a water body and shall monitor conversions of seasonal to permanent dwellings and the consequential changes to the development capacity.

 

9.5.6     Consideration will be given to energy efficient and sustainable design in housing developments.

 

 

9.6      IMPLEMENTATION

           

9.6.1     The Municipality will zone lands to control the types and densities of housing, accessory uses and non-residential uses in the Waterfront Policy Area.

 

 

10     Prime Agricultural Policy Area

 

Historically, the community grew due to the logging and agricultural industries. With time, agriculture suppressed logging and lumbering to become an important factor in developing the economic base of the Township. The importance placed on agriculture still exists in the Township since agricultural is a major asset in terms of the economic base and rural character.

 

There are two areas in the Township that have provincially significant prime agricultural land. One area is located in the Bar River Flats and the other area is located at Rydall Mill Road and Government Road, North to Reid’s Road and South to Neebish along the Tarbutt boundary. These areas are very important to Council, the community, and to the Province and shall be protected for long-term use for agriculture. The Township encourages crop diversification, reforestation, local produce, and encourages agriculture innovation into the future.

 

 

10.1    GOAL

 

The goal is to preserve and protect provincially significant prime agricultural areas for long-term use.

 

 

10.2    OBJECTIVES

 

10.2.1   To sustain agriculture and agricultural related activities as a significant component of the economic base of the municipality.

 

10.2.2   To protect the agricultural land base by discouraging lot creation and preventing the intrusion of non-compatible uses.

 

10.2.3   Permit uses which support the agricultural industry.

 

 

10.3    LOCATION

 

There are two Agricultural Policy Areas shown on Schedule ‘A’ and ‘C’ of this Official Plan. The two Agricultural Policy Areas are made up of prime agriculture soils and are located in the Bar River Flats vicinity and the other area is located at the Rydall Mill Road and Government Road, North to Reids Road and South to Neebish along the Tarbutt boundary.

 

 

10.4    PERMITTED USES

 

In the Prime Agriculture Policy Area designation, permitted uses and activities are: agricultural uses, secondary uses and agriculture-related uses.

 

 

10.5    POLICIES

 

10.5.1   In the Prime Agriculture Policy Area designations, all types, sizes, and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards.

 

10.5.2   Agro-industrial and agro-business uses such as food processing farm services, farm equipment sales and services are permitted, as agriculture-related uses, provided they are compatible with agricultural activities, are directly related to agriculture and necessary in close proximity to agriculture operations. Such uses must be compatible with agricultural activities and shall comply with the Minimum Distance Separation Formulae wherever possible, and should be encouraged to locate on lands with lower soil capability.

 

10.5.3   Lot creation in the Prime Agriculture Policy areas is discouraged and may only be permitted for:

 

a)  agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large enough to maintain flexibility for future changes in the type or size of agricultural operations;

 

b)  agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services;

 

c)  infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way or on lesser soil class area.

 

10.5.4   Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons, provided that the adjustment will maintain a viable agriculture lot.

 

 

 

 

10.5.5   As an alternative to creating a separate lot, a second lodging unit in an existing dwelling may be permitted for the extended family of for farm help or the use of garden suites, subject to appropriate approvals. Garden suites are permitted in the Prime Agriculture Policy Area subject to the policies of Section 17.5.1 (Garden Suites).

 

10.5.6   The designation of agricultural lands for agricultural activities shall not prevent other existing uses within this policy area to continue. However, none of these existing uses shall be permitted to expand if Council should determine that there will be an adverse impact on agricultural activities.

 

10.5.7   Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands should be mitigated to the extent feasible.

 

10.5.8   Existing vacant lots of record which are large enough to be farmed shall be preserved for agricultural uses. These and smaller lots will be encouraged to be consolidated into larger farm holdings.

 

 

10.6    IMPLEMENTATION

 

10.6.1   Adhering to the Minimum Distance Separation Formula, as amended from time to time.

 

10.6.2   Consulting with the Ministry of Agriculture, Food, and Rural Affairs to determine if severances in Prime Agricultural Policy Area will jeopardize the protection of agricultural lands.

 

10.6.3   Enforcement of the Ontario Building Code.

 

 

11     Parks and Open Space Policies

          

The Township of Laird is a community oriented to the out-of-doors. Accessibility to water bodies as well as public open spaces and wooded areas allow for endless seasonal activities for the young and old alike. Collectively these factors make the Township of Laird an enjoyable place to live and invest. Since the rural setting caters to many out-of-door activities it is important to provide and improve on public parks and open spaces for all members of the community to enjoy. Currently, the Township provides recreational venues such as baseball fields, Laird Fairgrounds, Centennial Park, Pumpkin Point Bird Watching Station, G.W. Evoy Memorial Rink, and snowmobile trails.

 

 

11.1    GOAL

 

The goal is to provide a wide range of public spaces, parks, and open spaces for the whole community to enjoy.

 

 

11.2    OBJECTIVES

 

11.2.1   To promote healthy and active living.

 

11.2.2   To protect sensitive land uses (parks and open spaces) from incompatible land uses.

 

11.2.3   Establish and maintain a system of public open space and parkland areas that meet the needs of present and future residents.

 

11.2.4   Enhance existing parkland areas wherever possible to respond to the changing needs and preferences of the community.

 

11.2.5   Provide opportunities for public access to shorelines.

 

 

11.3     LOCATION

 

Public spaces, parks, and open space uses are designated on Schedule ‘A’ and may be permitted throughout the Municipality wherever Council deems appropriate, to meet the needs of the community.

 

 

 

 

11.4    PERMITTED USES

 

Parks and open spaces shall include a range of permitted uses such as publicly-accessible built and natural settings for recreation, including facilities, parklands, open space areas, trails and, where practical, water-based resources.

 

Accessory buildings and structures to any of the foregoing uses shall be permitted.

 

 

11.5    POLICIES

 

11.5.1   Public spaces, parks, and open spaces should be publicly-accessible.

 

11.5.2   Where an ancillary facility to a park or open space requires the need for water or sewage disposal services, the lot shall be serviced with on-site services, having adequate capacity to service the development. The policies for Section 12, Public Service Facilities, shall apply to the design of the facility and its services.

 

11.5.3   Lands for public spaces, public parks and open space areas may be acquired through parkland dedication and land acquisition under the Planning Act, Section 51.1.

 

11.5.4   Any Parks and Open Space uses proposed within 30 meters of the high water mark shall be subject to the applicable polices of Section 9 (Waterfront Policy) of this Official Plan.

 

 

11.6    IMPLEMENTATION

 

11.6.1 Council on behalf of the Township may acquire lands through parkland dedication under the Planning Act, Section 51.1, (5% for residential or 2% for commercial and/or industrial).

 

 

 

 

12     Public Service Facilities Policies

 

In order for a community to function it is essential to provide community services and facilities that will form structure and enhance quality of life. This Official Plan encourages the development of appropriate public service facilities and the provision of appropriate community services. It is intended that these services and facilities be physically accessible, affordable, sustainable, and continue to evolve to meet the changing needs of the community.

 

 

12.1    GOAL

 

The goal is to continue to provide public services and allow for new service facilities and the expansion of existing service facilities, where necessary, to accommodate future population growth.

 

 

12.2    OBJECTIVES

 

12.2.1   To provide infrastructure and public service facilities in a coordinated, efficient, and cost-effective manner to meet current and projected needs.

 

12.2.2   Ensure that community facilities and services are accessible to all Township residences.

 

12.2.3   Optimize existing infrastructure and public service facilities, wherever feasible, before consideration is given to developing new infrastructure and public service facilities.

 

12.2.4   To minimize adverse environmental impacts.

 

 

12.3    LOCATION

 

Public Service Facilities are designated on Schedule ‘A’ and may be permitted throughout the Municipality where appropriate to meet the needs of the community.

 

 

 

 

 

 

 

12.4    PERMITTED USES

 

Public Service Facilities shall include uses such as a municipal administration building, road department facilities, fire station, police station, schools, municipal recreational facilities, health care facility, and public service administration buildings or any other public service facilities deemed to be required.

 

Accessory buildings and structures to any of the foregoing uses shall be permitted.

 

 

12.5    POLICIES

 

12.5.1   The lot size and frontage must be adequate for the intended use. This should include provision for parking, on-site traffic circulation, loading, landscaping and potential future expansion of any public service facility. Parking areas may be shared among two or more facilities.

 

12.5.2   The lot shall be serviced with private water and private sewage services where site conditions are suitable for the long-term provision of such services. Algoma Public Health approvals, where required, must be obtained.

 

12.5.3   The design of new facilities or expansions to existing facilities shall ensure that proper separation distances between incompatible land uses are maintained or adequately mitigated.

 

12.5.4   Consideration will be given to energy efficient and sustainable design for public service facilities.

 

12.5.5   Public Service Facilities shall be publicly-accessible by those with physical and other challenges.

 

12.5.6   Any Public Service Facilities proposed within 300 meters of the high water mark shall be subject to the applicable polices of Section 9 (Waterfront Policy) of this Official Plan.

 

 

12.6    IMPLEMENTATION

 

12.6.1   The Municipality may use site plan control to ensure high quality development, to provide for on-site servicing and to provide for buffering or landscaping.

 

 

13     Transportation Policies

 

The transportation policies deal with the various elements of the transportation system in the Township of Laird and the modes of travel the rural community supports. The transportation system provides a framework for rural growth and development, and influences the function and compatibility of land uses and the quality of life in the Township.

 

The Townships transportation system is made up of provincial highways, Township roads, unassumed roads, private roads, resource access roads, access roads, transportation corridors (rail lines), and infrastructure corridors (for utilities).

 

It is Council and the Road Superintendents long term plan to surface treat majority of the municipally maintained roads over the next 20 years. It is important to Council to be respectful and create a safe environment for the community. By surface treating the roads it will eliminate the need for calcium chloride which is used for dust control and grading which causes dust particles to spread through the air. Both, calcium chloride and grading can be harmful to the environment and to the community. Having surface treated roads will also reduce maintenance on cars and reduce fuel usage which will also help the environment. Council plans to prepare roads for surface treatment by means of ditching and grade raises on a yearly basis depending on the climate and financial conditions permitted.

 

 

13.1    GOAL

 

The goal is to achieve an environmentally friendly, safe and functional transportation system.

 

 

13.2    OBJECTIVES

 

13.2.1   Plan for and protect corridors and rights-of-way for transportation, transit and infrastructure facilities to meet current and projected needs.

 

13.2.2   Provide a cost effective, reliable multi-modal transportation system to accommodate the present and future population growth.

 

13.2.3   Encourage car-pool, bicycles and other non-motorized transit.

 

13.2.4   Minimize the adverse effects of the transportation system on the natural environment and the community.

 

13.2.5   Provide safe and energy efficient transportation systems to facilitate the movement of people and goods.

 

13.2.6   To ensure that new development and site alteration does not create traffic hazards.

 

13.2.7   To upgrade the road system on an ongoing basis.

 

13.2.8   To ensure appropriate right-of-width for all existing and proposed roads.

 

 

13.3    POLICIES

 

13.3.1   The road system in the municipality consists of Provincial, Township, and private roads as shown on Schedule ‘B’, Transportation Schedule. Township roads are further distinguished as having year round maintenance and seasonal maintenance.

 

13.3.2   Provincial Highways

 

Highway 17 is recognized as a Controlled Access Highway, as per the Public Transportation and Highway Improvement Act. Access to provincial highways is restricted and development shall only be permitted where the applicable approvals and/or permits for entrances, buildings and/or structures and signs have been obtained prior to construction. This may include a traffic study. Any new roads proposed to be connected to a provincial highway are subject to provincial approval by the Ministry of Transportation of Ontario including spacing requirements between intersections. Noise and vibration studies may be required prior to considering whether development should be approved adjacent to a provincial highway.

 

No new road intersection or private entrances to Highway 17, or upgrading of existing private entrances to Highway 17 will be permitted except under extenuating circumstances at the sole discretion of the Ministry of Transportation.

 

Permits from the Ministry of Transportation are required for any new buildings, or site alterations or entrances within 45 meters of the designated highway property line and within a radius of 395 meters of the centre point of the intersection of a road and Highway 17. Permits from the Ministry of Transportation may also be required for certain uses located within 800 meters of any limit of any provincial highway that cause persons to congregate in large numbers.

 

 

 

13.3.3   Township Roads

 

The primary function of Township roads is to provide safe travel.

 

Standards for new road construction will include a minimum of 20 meters right-of-way, engineered design and layout, appropriate drainage, and construction. Where new roads are constructed as part of the development of a plan of subdivision, the developer will be responsible for the cost of new road construction.

 

Construction or maintenance on existing Township roads will continue to be based on a regular program of capital works expenditures. The kilometrage of surface treated will continue to be increased with priority being given to roads with higher traffic volumes and the need for improvement to sight distance standards.

 

Council may enter into agreements with adjacent municipalities for the maintenance of boundary roads.

 

13.3.4   Unassumed Roads

 

Unassumed roads are roads that have not been constructed to a municipal standard, maintained by the municipality or assumed by By-law. Signs to advise the public of the roads status may be installed by Council. Roads which are brought up to a municipal standard and assumed by the municipality may be used for access without an amendment to this Official Plan. The Township is under no obligation to maintain or assume unassumed roads that have been upgraded. The cost for upgrading (e.g. survey, legal, design and construction) will typically be borne by the abutting property owners or proponent of the development.

 

Unassumed municipal roads may be used for off-road vehicles where approved by Council.

 

13.3.5   Private Roads

 

Private roads are roads under private ownership.

 

New lot creation on an existing private road is not permitted.

 

The Municipality may assume an existing private road where it is upgraded to an acceptable municipal standard. The costs for upgrading (e.g. survey, legal, design and construction) will be borne by the abutting property owners. The Township is under no obligation to maintain or assume a private road that is upgraded.

 

 

 

13.3.6   Resource Access Roads

 

For the purposes of this Official Plan, resource access roads are intended to provide access to resource based land uses such as forestry, mineral or mineral aggregate extraction, agricultural uses and agriculture-related uses, and are not intended to provide access to residential or commercial land uses. Resource roads are expected to be maintained by private enterprise under lease or other arrangements with the Crown.

 

13.3.7   Access Roads

 

Access Roads means a road located on land not owned by a municipality and not dedicated and accepted as, or otherwise deemed at law to be, a public highway, that serves as a motor vehicle access route to one or more parcels of land.

 

Access Roads are not municipally maintained. Lot creation and development is not permitted, unless the property and/or building has frontage on and direct access to a maintained public road.

 

The Municipality may assume an access road where it is upgraded to an acceptable municipal standard. The costs for upgrading (e.g. survey, legal, design and construction) will be borne by the abutting property owners. The Township is under no obligation to maintain or assume an Access Road that has been upgraded.

 

13.3.8   Transportation Corridors

 

It is the intent of this Official Plan that existing transportation corridors for road and rail be protected from land use activities which may interfere with the function and safe operation of these corridors.

 

13.3.9   Infrastructure Corridors

 

It is the intent of this Official Plan that existing infrastructure corridors for utilities be protected from land use activities which may interfere with the function and safe operation of these corridors.

 

 

13.4    IMPLEMENTATION

 

13.4.1   The capital works program will incorporate road improvement expenditures on an ongoing basis.

 

13.4.2   A study may be undertaken to prioritize capital expenditures on road improvements.

 

13.4.3   The Ministry of Transportation of Ontario will be consulted with respect to proposed development on or near provincial highways for conformity to provincial land use entrance and sign regulations.

 

13.4.4   Culvert installations for new lots will be administered by the Road Superintendent as per culvert policy.

 

13.4.5   Setback standards for development on all road types except provincial highways will be outlined in the Zoning By-law.

 

 

14     Natural Heritage Features and Areas

 

The Township of Laird places high priority on the protection and wise management of natural heritage features and areas. The Ministry of Natural Resources has identified provincial interests in the Township of Laird that shall be protected under the Provincial Policy Statement and the policies of this Official Plan. These Natural Heritage Features and Areas that have been identified are significant costal wetlands (Lake George Wetland and the Maskinonge Bay Wetland), Fish Habitat (all lakes and rivers are considered fish habitat), and Significant Wildlife Habitat (Deer wintering areas, bald eagle nests, Species with specialized Habitat requirements). Natural Heritage Features and Areas are designated on Schedule ‘C’, Resource Schedule.

 

 

14.1    GOAL

 

The goal is to preserve and protect all Natural Heritage Features and Areas for the long term.

 

 

14.2   OBJECTIVES

 

14.2.1   Council in association with the Ministry of Natural Resources and other interested parties will continue to work towards the identification, classification, and evaluation of Natural Heritage Features and Areas.

 

14.2.2   To ensure that the protection of significant environmental features and their associated ecological functions takes precedence over the development and/or site alteration of such lands.

 

14.2.3   To ensure that Council has a thorough understanding of the natural environment, including the values, opportunities, limits and constraints that it provides, to guiding land use decision-making.

 

14.2.4   To discourage incompatible uses of significant environmental features and adjacent lands.

 

14.2.5   Natural Heritage Features and Areas that are identified by the Ministry of Natural Resources shall also be identified by the Official Plan and protected in accordance with the Provincial Policy Statement.

 

 

 

 

14.3    DESIGNATION AREAS

 

The Natural Heritage Features and Areas designation is intended to include the following components:

 

a)  All wetlands evaluated by the Ministry of Natural Resources as Provincially Significant;

 

b)  All lakes and rivers; (fish habitat)

 

c)  Significant wildlife habitat and habitat of endangered, threatened or vulnerable species.

 

d)  Any other area that have been determined to be environmentally significant as a result of a planning process.

 

 

14.4    PERMITTED USES

 

Permitted uses on lands designated as Natural Heritage Features and Areas are conservation, passive and/or active recreational uses, but not limited to, provided that they have no impact of the Natural Heritage Features and Areas. Passive or active recreational activities include natural trails, public gathering place, bird watching, skiing, and any other similar uses.

 

Nothing in this Section is intended to limit the ability of agricultural uses to continue on lands that are designated Natural Heritage Features and Areas. Farming on these lands is restricted to activities that will not be detrimental to the area such as grazing of animals and the growing of crops where suitable.

 

 

14.5   POLICIES

 

14.5.1  Development and site alteration shall not be permitted in significant wetlands or in significant wildlife habitat unless it has been demonstrated through an Environmental Impact Study that there will be no negative impacts on the natural features or on their ecological functions. See policies 14.5.4 and 14.5.5 for specific requirements for an Environmental Impact Study.

 

 

 

 

14.5.2   Significant portions of the habitat of endangered species or threatened species will not be shown on the Official Plan Schedule. This is because when the Official Plan was created there were no significant portions of habitat of endangered or threatened species identified by the Ministry of Natural Resources. However, Council will ensure that the Ministry of Natural Resources’ endangered and threatened species mapping is consulted in the review of all proposals for development or site alterations and that the following shall be addressed.

 

Development and site alteration shall not be permitted in significant habitat of endangered species and threatened species. Development and site alteration of land uses in the adjacent land use designation may be permitted on the adjacent lands of the habitat of significant endangered species and threatened species, only if it has been demonstrated through the preparation of an Environmental Impact Study that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. See policies 14.5.4 and 14.5.5 for specific requirements for adjacent lands.

 

14.5.3   Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements.

 

14.5.4   An Environmental Impact Study may be required for any of the Natural Heritage Features and Areas which are shown on the Schedule ‘C’. For the purpose of this Official Plan an Environmental Impact Study may also be required for development proposed within:

 

§30 meters of significant wildlife habitats;

 

§120 meters of a costal or provincially significant wetland;

 

§30 meters of fish habitat (all lakes and rivers are considered fish habitat); and

 

§400 meters of endangered or threatened species.

 

These distances are considered to be adjacent lands for the purpose of this Official Plan. Adjacent lands mean those lands, contiguous to a specific Natural Heritage Features and Area, where it is likely that development and site alteration would have a negative impact on the feature or area.

 

An Environmental Impact Study may be required by Council to determine if development ought to be permitted on adjacent lands to Natural Heritage Features and Areas.

 

 

 

 

14.5.5   The components of an Environmental Impact Study are as follows:

 

·   Description of the study area and landscape context;

 

·   Description of the development proposal;

 

·   Identification of those natural heritage features and functions likely to be affected by the development proposal;

 

·   Assessment of the potential or cumulative impacts of the proposed development on key natural heritage features and functions;

 

·   Identification of mitigation requirements and monitoring requirements, were applicable; and

 

·   Quantification of residual impacts (those that cannot be mitigated) if any; and recommendations with alternatives to avoid impacts.

 

The cost of an Environmental Impact Study will be borne by the applicant. Council may require a peer review of an Environmental Impact Study; cost will be borne by the applicant.

 

Reference document: Natural Heritage Reference Manual (1999), MNR, may be used for Environmental Impact Study information, i.e. see section on Addressing Impacts of Development on Natural Heritage Areas. Note that an Environmental Impact Study must be conducted by a planning authority. If the Township of Laird or applicant does not have the necessary expertise to undertake an assessment of impacts, it is strongly recommended that the impact assessment to be conducted by qualified professional consultants.

 

14.5.6   Other areas may be determined to be significant as a result of a planning process. These are lands where a detailed planning process has identified a natural heritage feature or area which should be protected from development. If a new significant feature and/or area is identified it will be protected in accordance with the Provincial Policy Statement and shall be subject to the policies of this Official Plan without an amendment to this plan.

 

 

14.6   IMPLEMENTATION

 

14.6.1   Applications for development shall submit a complete application as required under the Planning Act with supporting information to include the completion of an Environmental Impact Study for any purposed development within or adjacent to a significant Natural Heritage Features and Areas which may be shown on the Schedule ‘C’.

 

14.6.2   Council may consult technical agencies for comments on the terms of reference or results of such studies. They may also engage such professionals as are required for the purpose of reviewing an Environmental Impact Study report. Costs shall be recovered from the applicant for development.

 

14.6.3   Council may use zoning, site plan control and the provisions of the Municipal Act (site alteration controls) as measures to implement recommendations or results of an Environmental Impact Study or to govern the spatial relationship of buildings and structures to natural heritage features.

 

15     Mineral Aggregates

 

The Township of Laird has two authorized aggregate extraction sites and several areas of aggregate potential. Mineral aggregates are important non-renewable natural resources. However, notwithstanding the need for mineral aggregates, it is essential to ensure that extraction is carried out at minimal social and environmental cost. The protection of the natural environment is of particular importance. Schedule ‘A’ and ‘C’ identify the location of aggregate extraction sites and aggregate potential resources.

The policies of this section establish a framework for their conservation and/or management, development and site alteration, extraction and rehabilitation for sequential resource use.

 

 

15.1    GOAL

 

The goal is to protect and manage mineral aggregate resources for long-term use.

 

 

15.2    OBJECTIVES

 

15.2.1   To ensure that new mineral aggregate operations are located where there will be little or no impact on Natural Heritage Areas.

 

15.2.2   To ensure that extractive activities are carried out with minimal environmental and social cost.

 

15.2.3   Minimize conflicts between extraction operations and other existing land uses.

 

15.2.4   Manage aggregate resources by reviewing a licensees report.

 

15.2.5   Protect all legal existing pits and quarries.

 

15.2.6   To identify and protect aggregate areas of potential.

 

15.2.7   Require rehabilitation of past quarries and rehabilitation plans for all quarries.

 

 

 

 

 

 

15.3     LOCATION

 

The aggregate resource designation shown on the Schedule ‘A’ and ‘C’ to this Official Plan applies to mineral aggregate areas that have potential for aggregate extractive uses or are presently licensed in accordance with the Aggregate Resources Act. The aggregate resource is intended to identify areas where aggregate extraction is most likely to occur in Laird. Where lands are designated under Rural and are proposed to be used for aggregate extractive uses, the polices of this Section shall still apply.

 

 

15.4    PERMITTED USES

 

Lands designated as Mineral Aggregates may include a range of uses, these uses must be compatible with the mineral aggregate activities. Uses include accessory buildings and structures for the extraction of aggregates, associated operations, and aggregate storage. Agricultural and nursery uses, transportation and utility facilities, forestry and resource management uses, and single detached dwellings on existing lots.

 

 

15.5    POLICIES

 

15.5.1   Mineral aggregates will be protected for their resource value through the Mineral Aggregates designation.

 

Other mineral aggregate resource areas may from time to time be identified. This Official Plan does not limit Council from re-designating these lands to comply with the Provincial Policy Statement. Re-designation may occur without an amendment to this Plan.

 

15.5.2   New pits, quarries or the expansion of existing sites shall be provincially licensed by the Ministry of Natural Resources under the Aggregate Resource Act and shall be subject to a site development, operational, and rehabilitation plans.

 

15.5.3   Extraction shall be undertaken in a manner which minimizes social and environmental impacts.

 

15.5.4   In areas adjacent to or in known deposits of mineral aggregate resources, development, site alterations, 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 great long-term public interest; and

 

c) issues of public health, public safety and environmental impact are addressed.

 

15.5.5   When new development and site alteration (through a Planning Act application) is proposed within 500 meters of a pit or 1000 meters of a quarry within the Mineral Aggregates designation, Council shall be satisfied that the proposed use is compatible with the operation of the pit or quarry. In some cases, setbacks between the uses may be required to minimize conflicts.

 

15.5.6   The creation of new lots in the Mineral Aggregates designation is not permitted unless it can be demonstrated to Council that the proposed lot will have no impact upon the potential extraction area or until resource is depleted.

 

15.5.7   Aggregate extraction is permitted in the Prime Agricultural Policy Area and will be subject to control under the Aggregate Resource Act. A minimum distance separation may be required to avoid conflict with adjacent land uses. A rehabilitation plan for new aggregate operation sites will be required to ensure the re-establishment of an agricultural use of similar acreage and quality of soil.

 

15.5.8   Wayside pits and quarries, portable asphalt plants and portable concrete plants used on public authority contracts shall be permitted, without the need for an Official Plan amendment, rezoning, or development permit under the Planning Act in all areas, except those areas of existing development or particular environmental sensitivity, i.e. significant natural heritage features or areas, which have been determined to be incompatible with extraction and associated activities.

 

15.5.9   Operators of aggregate processing equipment such as crushers and screening plants will require a Certificate of Approval and location approval from the Ministry of Environment.

 

 

 

 

 

 

 

 

 

 

15.6    IMPLEMENTATION

 

15.6.1   Any extraction activity within the Township will be subject to the provisions of the Aggregate Resources Act and this will include a process of municipal review.

 

15.6.2   Council will ensure that when considering applications for re-designation, re-zoning, plans of subdivision or land severances, in Mineral Aggregate areas, regard will be had for the need to protect land for the future extraction of mineral aggregate resources.

16     Cultural Heritage and Archeology Policies

 

Buildings and sites of historic, architectural, archaeological or cultural significance serve as reminders of the past and constitute important cultural assets within the Township. Council and the Laird Heritage Committee will continue to work together to recognize locally significant cultural heritage interests. The basis of this section is to establish a protocol for conserving archeological resources in the advent of major development proposals and for the potential conservation of other built heritage resources and cultural heritage landscapes.

 

 

16.1    Goal

 

Conserve the historic, archaeological, architectural and cultural heritage resources in the Township.

 

 

16.2    Objectives

 

16.2.1   Ensure that the nature and location of heritage and archaeological recourses are considered before land use decisions are made.

 

16.2.2   Prevent the demolition, destruction, inappropriate alteration or use of cultural heritage resources and encourage development which is adjacent to significant cultural heritage resources to be of an appropriate scale and character.

 

16.2.3   Consult and seek the advice of the Laird Heritage Committee or other established heritage organizations when making decisions regarding the conservation of cultural heritage resources in the Township.

 

 

16.3    Location

 

Council and the Laird Heritage Committee have recognized locally significant cultural heritage interests which have been listed on a municipal register. At this time there are only locally significant cultural heritage resources. In the future Council and the Laird Heritage Committee may choose to designate locally significant heritage resources on the provincial register, under the Ontario Heritage Act.

 

If cultural heritage resources are identified at the municipal level and/or at the provincial level under the Ontario Heritage Act, the cultural heritage resources will be protected under the policies of this section. An amendment to this Official Plan will not be required.

 

The locally significant cultural heritage resources in the Township of Laird are:

 

§Knox Presbyterian Church

 

§Bluff School

 

§Laird Cemetery – under “Cemetery Act”

 

 

16.4    Permitted Uses

 

             Heritage resources shall include, but are not restricted to, built heritage resources, cultural heritage landscapes, and archeological resources which are important to the community or area in which they are located, or are resources that are recognized for their significance at a provincial or national level.

 

 

16.5    Policies

 

16.5.1   Council recognizes the importance of conserving heritage features of significant natural, architectural and archeological interest and shall encourage and require, where necessary, the preservation and conservation of such features in considering proposals for development or re-development.

 

16.5.2   In reviewing an application for a zoning amendment, a consent for a commercial, industrial or institutional use or a residential building; or subdivision; or in the undertaking of new infrastructure works (e.g. new road, road widening, communal water or sewer system, landfill site), consideration shall be given to the possible effects and impacts of such works on a known locally, provincial or federal significant heritage resource or on an area of archeological potential.

 

A ‘known’ heritage resource is one which has been designated under the Ontario Heritage Act by the municipality; is a site or building which has been identified or registered by the Ministry of Culture. A ‘known’ heritage resource can also be one which has been recognized locally significant and has been listed on a municipal register to be protected.

 

 

 

 

16.5.3   A Stage 1 - 4 Archaeological Assessment Report, (prepared by a licensed archeologist under the Ontario Heritage Act) shall be required for development adjacent to a known heritage resource (local, provincial or federal), or in an area of archeological potential e.g. a site which is in close proximity to a lakeshore and/or water body. The assessment must meet the minimum requirements of the Ministry of Culture as amended from time to time.

 

16.5.4   Council recognizes that there may be archaeological remains of prior habitation, or areas containing archaeological potential within the Municipality. Archaeological resources contained within these areas can be adversely affected by any future development and site alteration. Archaeological potential areas are determined through the use of provincial screening criteria, or criteria developed based on the known archaeological record within the Municipality and developed by a licensed archaeologist in consultation with the Ministry of Culture. Such criteria include features such as proximity to water such as current or ancient shorelines, rolling topography, unusual landforms, and any locally known significant heritage areas such as portage routes or other places of past human settlement.

 

Council shall require archaeological assessments conducted by archaeologists licensed under the Ontario Heritage Act, as a condition of any development proposal affecting areas containing a known archaeological site or considered to have archaeological potential. Archaeological assessment reports conducted by licensed archaeologists are to be in compliance with guidelines set out by the Ministry of Culture, as well as licensing requirements developed under the Ontario Heritage Act. 

 

Any alterations to known archaeological sites shall only be performed by licensed archaeologists, as per Section 48 of the Ontario Heritage Act.

 

Council recognizes there may be a need for archaeological preservation on site or rescue evacuation of significant archaeological resources as a result of development proposals. Council may also consider archaeological preservation on site, to ensure that the integrity of the resource is maintained.

 

Archaeological assessment reports prepared to provide an inventory of archaeological and cultural heritage resources present on a development property, and recommendations for conservation and protection of these resources must be prepared in accordance with terms of the Ontario Heritage Act, Section 65.

 

 

 

16.5.5      Where, through development, a site is identified to contain an unmarked burial site or new archeological features, the municipality shall contact the local police and the Ministry of Culture. The Ministry of Government Services and the Cemeteries Regulation Unit shall also be contacted with respect to the discovery of burial sites and unmarked cemeteries and matters related to the Cemeteries Act.

 

16.5.6      The Municipality may by by-law, designate properties (includes a building or structure) or historical or architectural value under Part IV of the Ontario Heritage Act or may designate a heritage conservation district under Part V of the Ontario Heritage Act.

 

16.5.7      The Municipality may establish a Municipal Heritage Committee for the purpose of identifying and recommending the designation of property(ies) under Part IV or Part V of the Ontario Heritage Act.

 

 

16.6      Implementation

 

16.6.1      Council may consult with licensed archeologists to review an impact assessment report to decide if development and site alteration is appropriate on adjacent lands to an archaeological site or considered to have archaeological potential.

 

16.6.2      Consult with the Ministry of Culture to seek advice or guidelines on how to deal with any cultural heritage resources that are of interest and/or concern.

 

16.6.3      Archaeological Assessments shall be conducted by archaeologists licensed under the Ontario Heritage Act as a condition of any development proposal affecting areas containing a known archaeological site or considered to have archaeological potential.

17     PLANNING TOOLS

 

The Township has a variety of tools available to implement the specific development policies outlined in this Official Plan.

 

17.1    Specific Studies

 

Applications for development for an Official Plan amendment, a zoning by-law amendment, site plan control, subdivision or consent shall be reviewed for completeness. Council will not consider an application complete where studies or other information required by this Official Plan or the Planning Act, Section 22, are not submitted as part of the application. Theses studies or information may include:

 

§ MTO Provincial Highway access controls and assessment and/or permit.

 

§ Minimum Distance Separation Formulae compliance report

 

§ Nutrient Management Act certification

 

§ Aeronautics Act compliance and permit

 

§ Environmental Impact Statement

 

§ Environmental Protection Act compliance

 

§ Enforce Ontario Building Code

 

§ Noise and Vibration Studies

 

§ Stage 1-4 Archaeological Assessment Report

 

§ Algoma Public Health approvals

 

§ Endangered Species Act compliance agreement

 

§ Hydrogeological study

 

§ Stormwater management plan

 

§ Vegetation and Landscaping plan

 

§ Traffic study

 

§ Market study

 

17.2    Interim Control By-law

 

Where Council has, by By-law or resolution, directed that a study be undertaken regarding its land use policies for an area or areas within the Planning Area, it may pass an interim control By-law under Section 38 of the Planning Act prohibiting the use of the land, buildings or structures within the area defined, except for uses as are set out in the By-law. An interim control By-law shall apply for a limited period of time. When an interim control By-law expires, the prior zoning shall automatically apply, unless a new Zoning By-law is passed.

 

17.3    Site Plan Control

 

All areas and land uses within the Township of Laird may be designated as Site Plan Control areas pursuant to the provisions of the Planning Act. Council may enter into agreements to ensure that certain works are completed and appropriate conditions are met, pursuant to the provisions outlined in Section 41 of the Planning Act. Site Plan Control may also be utilized to implement the policies of this Official Plan.

 

17.4    Zoning By-Law

 

The Comprehensive Zoning By-law and any amendments shall be in accordance with the policies of this Official Plan. The Zoning By-law will zone lands for appropriate land uses, with special regard for grouping compatible and separating non-compatible land uses, and establishing regulations to control the size of lots, the placement of buildings and structures, landscaping, and necessary screening and buffering.

 

17.5    Temporary Use By-Laws

 

Council may pass By-laws to authorize the temporary use of land for a purpose that is otherwise prohibited by the Zoning By-law. Council may, therefore, in a By-law passed under Section 39 of the Planning Act, authorize a temporary use of buildings or structures for any purpose set out therein. The period of time for a temporary use may be for a period of up to ten years for a garden suite and up to three years in all other cases, both of which are renewable. In considering applications for such temporary uses, Council shall ensure that:

 

§Such uses are temporary in nature, compatible with surrounding land uses, and will not interfere with the long term development of the area; and

 

§Appropriate controls are placed in the implementing By-law to adequately regulate the temporary use.

 

Any use introduced under such a temporary use By-law does not acquire the status as a legal non-conforming use at the expiration of the By-law(s) and at that time must therefore cease.

 

17.5.1   Garden Suites

 

A Temporary Use By-law, pursuant to the Planning Act, may be enacted to permit the temporary accommodation of individual(s) in a self-contained, portable dwelling unit (garden suite) that is ancillary to an existing single detached dwelling, subject to the following criteria:

 

a) a sufficient water supply and suitable septic system capacity, to adequately support the garden suite, is available;

 

b) the garden suite is subordinate in scale and function to the main dwelling on the lot;

 

c) the garden suite is necessary as a means of ensuring supervision and/or care of elderly, sick or disabled person(s);

 

e) the installation of the garden suite will not interfere with, or disrupt the existing surface water drainage pattern on adjacent properties, nor cause any ponding of storm water;

 

f) the lot size and layout is adequate in terms of accommodating the garden suite without unreasonable loss of private outdoor amenity area;

 

g) the garden suite is compatible with adjacent residential properties and the surrounding neighborhood in terms of scale, design, aesthetics, privacy, sun-shadowing and noise; and,

 

h) on-site parking is adequate.

 

As a condition of approval of a garden suite, Council may require an agreement between the Township and the owner and/or tenant, addressing such matters as the siting, installation, maintenance and removal of the suite; the period of occupancy of the suite; and the monetary or other form of security that Council may require for actual or potential costs to the municipality related to the removal of the suite.

 

17.6    Holding Provisions

 

Under the provisions of the Planning Act, Section 36, Council may use a Holding Provision, denoted as ‘h’, in conjunction with the zoning upon a particular property or land use. The Holding Provision is used to prohibit development until a specific condition or conditions have been met. Such conditions may be outlined within this Official Plan, or the Zoning By-law. The conditions for the removal of the Holding Provision must be stated within the adopting By-law.

 

More specifically, a Holding Provision may be utilized to ensure that:

 

§Appropriate phasing of development and redevelopment occurs.

 

§Agreements respecting the proposed land use or development are entered into.

 

§A significant environmental feature, resource, hazard, or constraint is protected.

 

§Environmental Impact Studies are approved.

 

§Archaeological Assessment Report – Stage 1-4 are approved.

 

§Servicing Plans are approved.

 

§The necessary approvals of any licensing agency having jurisdiction.

 

When Council is satisfied that the specific conditions of the Holding Provision have been addressed, the Holding Provision shall be removed.

 

17.7    Property Standards

 

The enforcement of minimum standards for the maintenance and occupancy of individual properties is important to the health, safety, and welfare of local residents, and assists in preserving the character of the Township. The Property Standards By-law requires that buildings and property be maintained in a structurally sound condition, and provides for the removal of buildings that have deteriorated to the point where rehabilitation is not feasible. All areas of the Municipality are subject to the Property Standards By-law.

 

17.8    Land Division

 

17.8.1   Severances/Consents

Where the extension of a public road or public infrastructure is not required, and the resulting number of lots will be less than 2 plus the remnant, land may be divided through a severance/consent application.

When assessing an application to create a new lot by way of a severance or consent, the Township shall be satisfied that:

 

1. The land is divided in an efficient manner, and landlocked parcels are not created.

 

2. The proposed lot will not affect the future development of the remaining lands, if such lands are designated for future development within this Official Plan.

 

3. The proposed lot has frontage upon, and direct access to a public road that is maintained by the Township on a year-round basis.

 

4. The proposed lot will not cause a traffic hazard as a result of its location near an intersection or on a curve or hill.

 

5. The planned development of the proposed lot shall not have a negative impact on the drainage patterns of the area.

 

6. The proposed lot and planned development will not have a negative impact upon the features and functions of any environmentally sensitive attributes in the area.

 

7. The proposed lots are of a size appropriate for their intended use and are in conformity with the policies of this Official Plan.

 

8. The proposed lot must comply with the Minimum Distance Separation Formula, as amended from time to time.

 

17.8.2   Plans of Subdivision/Condominium

Where the extension of a public road or public infrastructure is required, or the resulting number of lots will be greater than three, land must be divided through a Plan of Subdivision or Condominium.

 

When assessing a plan of subdivision or condominium application, the Township shall be satisfied that:

 

1. The proposed development is not premature, and is located within an area that has been identified within this plan as an area for future development, more specifically:

 

a) The Hamlet Area

b) The Industrial Area

c) The Commercial Area

d) The Rural Area, when all other opportunities are exhausted.

 

2. The land is divided in an efficient manner, and that landlocked parcels are not created.

 

3. The type and density of development is appropriate for the area. The proposed subdivision is fully integrated with the surrounding area.

 

4. The proposed infrastructure is designed to the proper standards.

 

5. The subdivision shall not have a negative impact on the drainage patterns of the area.

 

6. The subdivision will not impact the groundwater quality and quantity of the area. This will require the submission of a hydrogeological study to address groundwater quality and quantity concerns.

 

7. The proposed subdivision will not have a negative impact upon the features and functions of any Natural Heritage Features and Areas, and attributes as illustrated on Schedule ‘C’.

 

 

 

17.9    Community Improvement

 

Under Section 28 of the Planning Act, Council may pass a By-law to designate an area or areas within the Township as “Community Improvement Areas” to encourage the development, redevelopment, revitalization, and renewal of specific areas within the Township.

 

Council may undertake Community Improvement Plans to implement the policies of this Official Plan as municipal finances and other sources of funding permit. Wherever possible, Council will seek funding from senior government sources, and other partnership to assist in community improvement programs.

 

17.10  Existing Uses and Non-Conforming Uses

 

Nothing in this Official Plan shall affect the continuance of uses legally established under the provisions of any Zoning By-law in force on the date of approval of this Official Plan or other legally established land uses including uses that do not conform with the land use designations as shown on the Land Use Plan. Nothing in this Official Plan shall prevent the reconstruction of legal non-conforming uses which are inadvertently destroyed by a natural cause e.g. fire, flood, earthquake nor prevent the maintenance, repair or strengthening of any building to a safe condition.

 

It is the intent of this Official Plan that non-conforming uses, where they exist, should eventually cease to exist. It may be desirable, however, to permit the extension, enlargement or change of a non-conforming use to a similar or more compatible use subject to the following criteria:

 

§The extension or enlargement does not aggravate the non-conforming situation for neighboring uses;

 

§The extension or enlargement is in reasonable proportion to the existing use and to the land on which it is to be located;

 

§The proposed extension of enlargement will not create undue noise, vibration, fumes, smoke, dust, odours or traffic.

 

17.11  Lots of Record

 

Lots of record are legally created parcels or tracts of land that can legally be conveyed and, for the purposes of this Official Plan, are deemed to include lots in a registered plan of subdivision, parcels created by consent, in accordance with the Planning Act and/or any other distinct and separate holding, the deed to which is registered in the Land Registry office or Land Titles office.

 

Lots of record which are vacant may generally be used for building purposes provided they front on and have direct access to a publicly maintained road, or on a private road provided the lot can be adequately serviced with appropriate sewage disposal and water supply services.

 

17.12  Site Alteration and Tree Cutting

 

Council recognizes the importance and value of woodlands and strongly encourages property owners to retain and enhance woodland coverage in designing and developing properties. Council will also encourage the retention of a vegetation buffer along municipal roads and property lines as both an environmental feature and as a measure to conserve the aesthetic amenity characteristic of the municipality (agriculture lands exempted).

 

Council may enact a By-laws under the Municipal Act to govern site alteration and tree cutting. These tools may be used for the beautification of properties, to retain natural features, viewscapes, viewsheds, buffering and woodland coverage and to maintain or sustain the natural environment.

 

17.13  Pre-Application Consultation

 

Prior to the submission of any application for approval filed under the provisions of the Planning Act, the Township shall provide advice, to ensure that applicants are aware of Local and Provincial regulations and policies, the steps of the approval process, which agencies need to be consulted, and any other information required to complete the application.

 

18     DEFINITIONS

 

For the purposes of interpreting this Official Plan, the following definitions, which were extracted from the Provincial Policy Statement (March 2005) and some developed by the Township of Laird shall apply. (Note: the definitions constitute the complete list in the Provincial Policy Statement and as such, exceed those that are used in this Official Plan. Others are provided for convenience.)

 

Acceptable: means that Council will decide during a Council meeting whether or not the proposed land use shall be allowed in the Township of Laird.

 

Access standards: means methods or procedures to ensure safe vehicular and pedestrian movement, and access for the maintenance and repair of protection works, during times of flooding hazards, erosion hazards and/or other water-related hazards.

 

Accessory building: means a detached subordinate building, the use of which is clearly incidental to that of the main building or to the use of the land and without limiting the generality of the foregoing shall include a private garage. Such buildings shall not be used or intended for human habitation.

 

Accessory use: shall mean a use customarily incidental and subordinate to the main use or building and located on the same lot.

 

Adjacent lands: means

a) for the purposes of policy 2.1 (Provincial Policy Statement), those lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have 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; and

b) for the purpose of policy 2.6.3 (Provincial Policy Statement), those lands contiguous to a protected heritage property or as otherwise defined in the municipal official plan.

 

Adverse effects: as defined in the Environmental Protection Act, means one or more of:

a) impairment of the quality of the natural environment for any use that can be made of it;

b) injury or damage to property or plant or animal life;

c) harm or material discomfort to any person;

d) an adverse effect on the health of any person;

e) impairment of the safety of any person;

f) rendering any property or plant or animal life unfit for human use;

g) loss of enjoyment of normal use of property; and

h) interference with normal conduct of business.

 

Affordable: means

a) in the case of ownership housing, the least expensive of:

1. housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross annual household income for low and moderate income households; or

2. housing for which the purchase price is at least 10 percent below the average purchase price of a resale unit in the regional market area;

b) in the case of rental housing, the least expensive of:

1. a unit for which the rent does not exceed 30 percent of gross annual household income for low and moderate income households; or

2. a unit for which the rent is at or below the average market rent of a unit in the regional market area.

 

Agriculture uses: means the growing of crops, including nursery 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 accommodation for full-time farm labour when the size and nature of the operation requires additional employment.

 

Agriculture-related uses: means those farm-related commercial and farm-related industrial uses that are small scale and directly related to the farm operation and are required in close proximity to the farm operation.

 

Agroforestry: is an ecologically based natural resource management system in which trees are integrated in farmland.

 

Airports: means all Ontario airports, including designated lands for future airports, with Noise Exposure Forecast (NEF)/Noise Exposure Projection (NEP) mapping.

 

Alternative energy systems: means sources of energy or energy conversion processes that significantly reduce the amount of harmful emissions to the environment (air, earth and water) when compared to conventional energy systems.

 

Archaeological resources: includes artifacts, archaeological sites and marine archaeological sites. 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. Criteria for determining archaeological potential are established by the Province, but municipal approaches which achieve the same objectives may also be used. Archaeological potential is confirmed through archaeological fieldwork undertaken in accordance with the Ontario Heritage Act.

 

Areas of mineral potential: means areas favorable 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.

 

Areas of petroleum potential: means areas favorable to the discovery of petroleum resources due to geology, the presence of know petroleum resources or other technical evidence.

 

Active farming operations: means that agricultural activity, the growing of corps or the raising of livestock, takes place consistently on a yearly basis.

 

Bed and Breakfast: means a home where a resident, individual, or family rents out guest bedrooms in their house, which is continually occupied as their primary residence.

 

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 resources: means on or more significant buildings, structures, monuments, installations or remains associated with architectural, cultural, social, political, economic or military history and identified as being important to a community. These resources may be identified through designation or heritage conservation easement under the Ontario Heritage Act, or listed by local, provincial or federal jurisdictions.

 

Campground: means an area used for a range of short-term overnight accommodation, from tenting to serviced recreational vehicles, including accessory facilities which support the use, such as administration offices, laundry facilities, washrooms, support recreational facilities, but not including the use of mobile homes, trailers or other forms of moveable shelter on a permanent year-round basis.

 

Coastal wetland: means

a) any wetland that is located on one of the Great Lakes or their connecting channels (Lake St. Clair, St. Mary’s, 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 kilometers upstream of the 1:100 year floodline (plus wave run-up) of the large water body to which the tributary is connected.

 

Commercial uses: means the use of land, structure or building for the purpose of buying and selling of commodities and offering of services as distinguished from such uses as manufacturing or assembling of goods, warehousing and construction.

 

Comprehensive review: means

a) for the purposes of policies 1.1.3.9 (Provincial Policy Statement) and 1.3.2 (Provincial Policy Statement), an official plan review which is initiated by a planning authority, or an official plan amendment which is initiated or adopted by a planning authority, which:

1. is based on a review of population and growth projections and which reflects projections and allocations by upper-tier municipalities and provincial plans, where applicable; considers alternative directions for growth; and determines how best to accommodate this growth while protecting provincial interests;

2. utilizes opportunities to accommodate projected growth through intensification and redevelopment;

3. confirms that the lands to be developed do not comprise specialty crop areas in accordance with policy 2.3.2 (Provincial Policy Statement);

4. is integrated with planning for infrastructure and public service facilities; and

5. considers cross-jurisdictional issues.

b) for the purposes of policy 1.1.5 (Provincial Policy Statement), means a review undertaken by a planning authority of comparable body which:

1. addresses long-term population projections, infrastructure requirements and related matters;

2. confirms that the lands to be developed do no comprise specialty crop areas in accordance with policy 2.3.2 (Provincial Policy Statement); and

3. considers cross-jurisdictional issues.

 

Conserved: means the identification, protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment.

 

Cultural heritage landscape: means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, mainstreets and neighborhoods, cemeteries, trailways and industrial complexes of cultural heritage values.

 

Defined portions of the one hundred year flood level 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. Mary’s, St. Clair, Detroit, Niagara and St. Lawrence Rivers, where development or site alteration will create flooding hazards, cause updrift and/or downdrift impacts and/or cause adverse environmental impacts.

 

Deposits of mineral aggregate resources: means an area of identified mineral aggregate resources, as delineated in Aggregate Resource Inventory Papers or comprehensive studies prepared using evaluation procedures established by the Province for surficial and bedrock resources, as amended from time to time, that has sufficient quantity and quality to warrant present or future extraction.

 

Designated and available: for the purposes of policy 1.4.1(a) (Provincial Policy Statement), 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 for the purposes of this definition.

 

Designated growth areas: means lands within settlement areas designated in an official plan for growth over the long-term planning horizon provide in policy 1.1.2, but which have not yet been fully developed. Designated growth areas include lands which are designated and available for residential growth in accordance with policy 1.4.1 (a), as well as lands required for employment and other uses.

 

Designated vulnerable area: means areas defined as vulnerable, in accordance with provincial standards, by virtue of their importance as drinking water source that may be impacted by activities or events.

 

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 the environmental assessment process;

b) works subject to the Drainage Act; or

c) for the purposes of policy 2.1.3 (b) (Provincial Policy Statement), underground or surface mining of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where advanced exploration has the same meaning as under the Mining Act. Instead, those matters shall be subject to policy 2.1.4 (a) (Provincial Policy Statement).

 

Dynamic beach hazard: means areas of inherently unstable accumulation 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 process, 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, but not limited to, manufacturing, warehousing, offices, and associated retail ancillary facilities.

 

Endangered Species: means a species that is listed or categorized as “Endangered Species” on the Ontario Ministry of Natural Resources’ official species at risk list, as updated and amended from time to time.

 

Erosion hazard: means the loss of land, due to human or natural processes, that poses a threat to life and property. The erosion hazard limit is determined using considerations that include the 100 year erosion rate (the average annual rate of recession extended over an one hundred year time span), an allowance for slope stability, and an erosion/erosion access allowance.

 

Fish: means fish, which as defined in S.2 of the Fisheries Act, c. F-14, as amended, includes fish, shellfish, crustaceans, and marine animals, as all stages of their life cycles.

 

Fish habitat: as defined in the Fisheries Act, c. F-14, means spawning grounds and nursery, rearing, food supply, and migration areas on which fish depend directly or indirectly in order to carry out their life processes.

 

Flood fringe: for rivers, 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 greater of:

1. the flood resulting from 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, were 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 experience din a particular watershed or portion thereof as a result of ice jams and which has been approved as the standard for the 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).

 

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, steam 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 and property damage.

 

Where the two zone concept is applied, the floodway is the entire contiguous flood plain.

 

Where the two zone concept is applies, the floodway is 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 other portion of the flood plain is called the flood fringe.

 

Garden Suite: means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable.

 

Great Lakes – St. Lawrence River System: means the major water system consisting of Lakes Superior, Huron, St. Clair, Erie and Ontario and their connecting channels, and the St. Lawrence River within the boundaries of the Province of Ontario.

 

Ground water feature: refers to 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.

 

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 Rivers 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 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 [lead], organic soils) or unstable bedrock (karst topography).

 

Hazardous substances: means substances which, individually, or in combination with other substances, are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide array of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological.

 

Heritage attributes: means the principal features, characteristics, context and appearance that contribute to the cultural heritage significance of a protected heritage property.

 

Hydrological 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 individual, autonomous sewage disposal systems within the meaning of s.8.1.2, O.Reg. 403/97, 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.

 

Industrial uses: are acceptable in the Rural Policy Area designation and include an abattoir or repair, manufacturing and processing or assembly, warehousing and storage, a lumber mill, lumber and building materials sales and storage, transportation industries and services, equipment sales and repairs, livestock sales, mining and accessory uses, or other uses acceptable by Council.

 

Infrastructure: means physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: sewage and water systems, septage treatment systems, waste management systems, electric power generation and transmission, communications/telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities.

 

Intensification: means the development of a property, site or area at a higher density than currently exists through:

a) redevelopment, including the reuse of brownfield sites;

b) the development of vacant and/or underutilized lots within previously developed area;

c) infill development; and

d) the expansion or conversion of existing buildings.

Large inland lakes: means those waterbodies having a surface area of equal to or greater than 100 square kilometers where there is not a measurable or predictable response to a single runoff event.

 

Legal or Technical Reasons: for the purposes of policy 2.3.4.2 (Provincial Policy Statement), means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot.

 

Low and moderate income households: means

a) in the case of ownership housing, households with incomes in the lowest 60 percent of the income distribution for the regional market area; or

b) in the case of rental housing, households with incomes in the lowest 60 percent of the income distribution for renter households for the regional market area.

 

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, issues in accordance with the Aggregate Resources Act, or successors thereto;

b) for lands not designated under the Aggregate Resources Act, established pits and quarries that are not in contravention of municipal zoning by-laws and including adjacent land under agreement with or owned by the operator, to permit continuation of the operation; and

c) 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 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 developed by the Province to separate uses so as to reduce incompatibility concerns about odour from livestock facilities.

 

Mobile home parks: means an area specifically designed to allow for permanent or semi-permanent stationing of mobile homes. A parcel of land zoned and developed for use by occupants of mobile homes.

 

Multi-modal transportation system: means a transportation system which may include several forms of transportation such as automobiles, walking, trucks, cycling, buses, rapid transit, rail (such as commuter and freight), 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 costal wetlands, fish habitat, significant woodlands south and east of the Canadian Shield, significant valleylands south and east of the Canadian Shield, significant 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 natural landscapes of an area.

 

Natural heritage system: means a system made up of natural heritage features and areas, linked by natural corridors which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species and ecosystems. These systems can include lands that have been restored and areas with the potential to be restored to a natural state.

 

Negative impacts: means

a) in regard to policy 2.2 (Provincial Policy Statement), 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;

b) in regard to fish habitat, the harmful alteration, disruption or destruction of fish habitat, except where, in conjunction with the appropriate authorities, it has been authorized under the Fisheries Act, using the guiding principle of no net loss of productive capacity; and

c) in regard to other natural heritage features and areas, degradation that threatens the health and integrity of the natural features of ecological functions for which an area is identified due to single, multiple or successive development or site alteration activities.

 

Normal farm practices: means a practice, as defined in the Farming and Food Production Protection Act, 1998, that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or makes use of innovative technology in a manner consistent with proper advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act, 2002 and regulations made under that Act.

 

Oil, gas and salt hazards: means any feature of a well or work as defined under the Oil, Gas and Salt Resources Act, or any related disturbance of the ground that has not been rehabilitated.

 

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.

 

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 equaled or exceeded in any given year;

b) in the connecting channels (St. Mary’s, St. Clair, Detroit, Niagara and St. Lawrence Rivers), the peak instantaneous stillwater level which has a 1% chance of being equaled or exceeded in any given year; and

c) for large inland lakes, lake levels and wind setups that have a 1% chance of being equaled or exceeded in any given year, except that, where sufficient water level records do not exist, the one hundred year flood level is based on the highest known water level and wind setups.

 

Other water-related hazards: means water-associated phenomena other than flooding hazards and wave uprush which act on shorelines. This includes, but is not limited to ship-generated waves, ice piling and ice jamming.

 

Partial services: means

a) municipal sewage services or private communal sewage services and individual on-site water services; or

b) municipal water services or private communal water services and individual on-site sewage services.

 

Petroleum resource operations: means oil, gas and brine wells, and associated facilities, oil field brine disposal wells and associated facilities, and facilities for the underground storage of natural gas and other hydrocarbons.

 

Petroleum resources: means oil, gas, and brine 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 sill present or former sites that may be converted to underground storage for natural gas or other hydrocarbons.

 

Planned corridors: means corridors identified through provincial plans or preferred alignments(s) determined through the Environmental Assessment Act process which are required to meet projected needs.

 

Portable asphalt plant: means a facility

a) with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process; and

b) which is not 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 permanent construction, but which is designed to be dismantled at the completion of the construction project.

 

Prime agricultural areas: means areas where prime agricultural lands predominate. This includes: areas of prime agricultural lands and associated Canada Land Inventory Class 4-7 soils; 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 evaluation procedures established by the Province as amended from time to time, or may also be identified through an alternative agricultural land evaluation system approved by the Province.

 

Prime agricultural land: means land that includes specialty crop areas and/or Canada Land Inventory Classes 1, 2, and 3 soils, 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 of 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 real property designated under Parts IV, V, or VI of the Ontario Heritage Act; heritage conservation easement property under Parts II of IV of the Ontario Heritage Act; and property that is the subject of a covenant or agreement between the owner of a property and a conservation body or level of government, registered on title and executed with the primary purpose of preserving, conserving and maintaining a cultural heritage feature or resource, or preventing its destruction, demolition or loss.

 

Protection works standards: means the combination of non-structural or structural works and allowances for slope stability and flooding/erosion to reduce the damage caused by flooding hazards, erosion hazards and other water-related hazards, and to allow access for their maintenance and repair.

 

Provincial and federal requirements: means

a) in regard to policy 1.8.3 (Provincial Policy Statement), legislation and policies administered by the federal or provincial governments for the purpose of protecting the environment from potential impacts associated with energy facilities and ensuring that the necessary approvals are obtained; and

b) in regard to policy 2.1.5 (Provincial Policy Statement), legislation and policies administered by the federal or provincial governments for the purpose of the protection of fish and fish habitat, and related, scientifically established standards such as water quality criteria for protecting lake trout populations.

 

Provincial plan: means a plan approved by the Lieutenant Governor in Council or the Minister of Municipal Affairs and Housing, but does not include municipal official plans.

 

Public service facilities: means land, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health and educational programs, and cultural services. Public service facilities do not include infrastructure.

 

Quality and quantity of water: is measured by indicators such as minimum base flow, depth to water table, aquifer pressure, oxygen levels, suspended solids, temperature, bacteria, nutrients and hazardous contaminants, and hydrologic regime.

 

Recreation: means leisure time activity undertaken in built or natural settings for purposes of physical activity, health benefits, sport participation and skill development, personal enjoyment, positive social interaction and the achievement of human potential.

 

Recreational and tourist commercial: acceptable uses are marinas, golf courses, bed and breakfast, antique outlets, campground or other uses acceptable by Council.

 

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, generally broader than a lower-tier municipality, that has a high degree of social and economic interaction. In southern Ontario, the upper or single-tier municipality will normally serve as the regional market area. Where a regional market area extends significantly beyond upper or single-tier boundaries, it may include a combination of upper, single and/or lower-tier municipalities.

 

Renewable energy systems: means the production of electrical power from an energy source that is renewed by natural processes including, but not limited to, wind, water, and biomass resource or product, or solar and geothermal energy.

 

Reserve sewage system capacity: means design or planned capacity in a centralized waste water treatment facility which is not yet committed to existing or approved development. For the purposes of policy 1.6.4.1(c) (Provincial Policy Statement), reserve capacity for private communal sewage services and individual on-site sewage services is considered sufficient if the hauled sewage form the development can be treated or disposed of as sites approved under the Environmental Protection Act of the Ontario Water Resources Act, but not by land-applying untreated, hauled sewage.

 

Reserve water system capacity: means design or planned capacity in a centralized water treatment facility which is not yet committed to existing or approved development.

 

Residence surplus to a farming operation: means an existing farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation).

 

Residential intensification: means intensification of a property, site or area which results in a net increase in residential units or accommodation and includes:

a) redevelopment, including the redevelopment of brownfield sites;

b) the development of vacant or underutilized lots within previously developed areas;

c) infill development;

d) the conversion or expansion of existing industrial, commercial and institutional buildings for residential use; and

e) the conversion of expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, secondary suites and rooming houses.

 

River, stream and small inland lake systems: means all watercourses, rivers, streams, and small inland lakes or waterbodies that have a measurable or predictable response to a single runoff event.

 

Rural areas: means lands in the rural area which are located outside settlement areas and which are outside prime agricultural areas.

 

Secondary uses: means uses secondary to the principal use of the property, including but not limited to, home occupations, home industries, and uses that produce value-added agricultural products from the farm operation on the property.

 

Sensitive: in regard to surface water features and ground water features, means areas that are particularly susceptible to impacts from activities of events including, but not limited to, water withdrawls, 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 for the long term planning horizon provided for in policy 1.1.2 (Provincial Policy Statement). In cases where land in designated growth areas is not available, the settlement area may be no larger than the areas where development is concentrated.

 

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, costal wetlands and areas of natural and scientific interest, an area identified as provincially significant by the Ontario Ministry of Natural Resources using evaluation procedures established by the Province, as amended from time to time;

b) in regard to the habitat of endangered species and threatened species, means the habitat, as approved by the Ontario Ministry of Natural Resources, that is necessary for the maintenance, survival, and/or the recovery of naturally occurring or reintroduced populations of endangered species or threatened species, and where those areas of occurrence are occupied of habitually occupied by the species during all or any part(s) of its life cycle;

c) 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 boarder 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;

d) in regard to other features and areas in policy 2.1 (Provincial Policy Statement), 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;

e) in regard to mineral potential, means an area identified as provincially significant through comprehensive studies prepared using evaluation procedures established by the Province, as amended from time to time, such as the Provincially Significant Mineral Potential Index;

f) in regard to potential for petroleum resources, means an area identified as provincially significant through comprehensive studies prepared using evaluation procedures established by the Province, as amended from time to time; and

g) in regard to cultural heritage and archaeology, resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people.

 

Criteria for determining significance for the resources identified in sections (c) - (g) are recommended by the Province, but municipal approaches that achieve or exceed the same objectives 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.

 

For the purposes of policy 2.1.3 (b) (Provincial Policy Statement), site alteration does not include underground or surface mining of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where advanced exploration has the same meaning as in the Mining Act. Instead, those matters shall be subject to policy 2.1.4 (a) (Provincial Policy Statement).

 

Special needs: means any housing, including dedicated facilities, in whole or in part, that is used by people who have specific needs beyond economic needs, including but not limited to, needs such as mobility requirements or support functions required for daily living. Examples of special needs housing may include, but are not limited to, housing for persons with disabilities such as physical, sensory or mental health disabilities, and housing for the elderly.

 

Special policy area: means an area within a community that has historically existed in the flood plain and where site-specific policies, approved by both the Ministers of Natural Resources and Municipal Affairs and Housing, are intended to provide for the continued viability of existing uses (which are generally on a small scale) and address the significant social and economic hardships to the community that would result from strict adherence to provincial policies concerning development. The criteria and procedures for approval are established by the Province.

 

A Special Policy Area is not intended to allow for new or intensified development and site alteration, if a community has feasible opportunities for development outside the flood plain.

 

Specialty crop area: means areas designated using evaluation procedures established by the province, as amended from time to time, where specialty crops such as tender fruits (peaches, cherries, plums), grapes and other fruit crops, vegetable crops, greenhouse crops, and crops from agriculturally developed organic soil lands are predominantly grown, usually resulting from:

a) soils that have suitability to produce specialty crops, and lands that are subject to special climatic conditions, or combinations of both; and/or

b) a combination of farmers skilled in the production of specialty crops, and the capital investment in related facilities and services to produce, store, or process specialty crops.

 

Surface water feature: refers to water-related features on the earth’s surface, including headwaters, rivers, stream channels, inland lakes, seepage areas, recharge/discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil type, vegetation or topographic characteristics.

 

Threatened Species: means a species that is listed or categorized as a “Threatened Species” on the Ontario Ministry of Natural Resources official species at risk list, as updated and amended from time to time.

 

Transportation systems: means a system consisting of corridors and rights-of-way for the movement of people and goods, and associated transportation facilities including transit stops and stations, cycle lands, bus lanes, high occupancy vehicle lanes, rail facilities, park’n’ride lots, service centres, rest stops, vehicle inspection stations, intermodal terminals, harbours, and associated facilities such as storage and maintenance.

 

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.

 

Vegetation Buffer: means that a natural plant life buffer is designed to separate conflicting land uses.

 

Viewshed: means an area of land, water, or an environmental element that is of particular scenic or historic value which is deemed worthy of preservation against development or other changes. Viewsheds spaces that are readily visible from public areas such as from public roadways or public parks.

 

Vulnerable: means surface and groundwater that can be easily changed or impacted by activities or events, either by virtue of their vicinity to such activities or events or by permissive pathways between such activities and the surface and/or groundwater.

 

Waste management system: means sites and facilities to accommodate solid waste from one or more municipalities and includes landfill sites, recycling facilities, transfer stations, processing sites and hazardous waste depots.

 

Watershed: means an area that is drained by a river and its tributaries.

 

Wave uprush: means the rush of water up onto a shoreline or structure following the breaking of a wave; the limit of wave uprush is the point of furthest landward rush of water onto the shoreline.

 

Wayside pits and quarries: means a temporary pit or quarry opened and used by or for a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way.

 

Wetlands: means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has flavoured the dominance of either hedrophytic 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 purpose 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 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.