Oak Ridges Moraine Policy Paper

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Download the Oak Ridges Moraine Policy Paper.

Background

Moraines are glacially-formed accumulations of soil and debris which are deposited through glacial processes, such as the recession of a glacier. The Oak Ridges Moraine (ORM) is one of Ontario’s most significant landforms. It covers an area of approximately 1,900 km2 and stretches 160 km from the Niagara Escarpment in the west to the Trent River in the east, running parallel to Lake Ontario. The ORM has unique ecological, geological, and hydrological features and functions including woodlands, streams, and wetlands. It contains important aquifers that supply drinking water to our communities and feed surface and ground water systems. As such, protection of this unique natural feature and its critical ecological and hydrological functions is a priority for land use planning in the ORM.

The Oak Ridges Moraine Conservation Act, 2001 provided for the establishment of the Oak Ridges Moraine Conservation Plan (ORMCP) through O. Reg. 140/02. All Township planning decisions must conform with provincial land use plans, so the Township adopted Official Plan Amendment #3 (OPA #3) on July 19, 2004 to bring the Township Official Plan into conformity with the ORMCP. Through the Coordinated Land Use Planning Review, the province has released the Proposed ORMCP, 2016 which will require the Township to develop plans for managing stormwater in settlement areas. Changes to other provincial plans through the Coordinated Land Use Planning Review will require watershed planning at the upper-tier municipal level, as already provided in the ORMCP.

The Province’s vision for the ORM remains unchanged, which is that of “a continuous band of green rolling hills that provides form and structure to south-central Ontario, while protecting the ecological and hydrological features and functions that support the health and well-being of the region’s residents and ecosystems”. The ORMCP is within the Greenbelt Plan area, although ORMCP policies are more protective of the environment and human health, so they supersede Greenbelt Plan policies. Protecting, maintaining, and improving natural heritage features and functions, and hydrologic features and functions is an important objective for all provincial land use plans. The ORMCP also serves as a barrier to urban sprawl from the Greater Toronto Hamilton Area (GTHA) and developed areas south of the ORM.

Proposed Objectives

The following objectives are those which are being considered for the new Township of Adjala-Tosorontio Official Plan. They have been developed through an examination of existing Official Plan objectives and principles, review of the Adjala-Tosorontio Community-Based Strategic Plan, and input received from council, the public, agencies, and municipal staff.

The Oak Ridges Moraine Conservation Act, 2001 establishes the following objectives for the Oak Ridges Moraine Conservation Plan:

a) protecting the ecological and hydrological integrity of the Oak Ridges Moraine Area;

b) ensuring that only land and resource uses that maintain, improve or restore the ecological and hydrological functions of the Oak Ridges Moraine Area are permitted;

c) maintaining, improving or restoring all the elements that contribute to the ecological and hydrological functions of the Oak Ridges Moraine Area, including the quality and quantity of its water and its other resources;

d) ensuring that the Oak Ridges Moraine Area is maintained as a continuous natural landform and environment for the benefit of present and future generations;

e) providing for land and resource uses and development that are compatible with the other objectives of the Plan;

f) providing for continued development within existing urban settlement areas and recognizing existing rural settlements;

g) providing for a continuous recreational trail through the Oak Ridges Moraine Area that is accessible to all including persons with disabilities; and

h) providing for other public recreational access to the Oak Ridges Moraine Area; and,

i) any other prescribed objectives. (ORMCP 2002 & Proposed ORMCP 2016)

Proposed Policies

The following policies are those which are being considered for the new Township of Adjala-Tosorontio Official Plan. The current Official Plan policies regarding the Oak Ridges Moraine area will be amended in accordance with the updated policies of the Proposed Oak Ridges Moraine Conservation Plan, 2016. New wording that has been added is shown in bold whereas wording that has been removed is shown with a strikethrough.

SECTION 3 – TOWNSHIP GOALS, OBJECTIVES, AND CHARACTER

3.2.6 Environment

3.2.6.1 The residents of the Township should be required to minimize the encroachment and impact of development on the ecological functions and hydrological features of the Oak Ridges Moraine.

SECTION 4 – LAND USE POLICIES

4.12 Oak Ridges Moraine Area

Introduction

The Oak Ridges Moraine is one of Ontario’s most significant landforms that has been identified by the Province of Ontario as having a unique concentration of environmental, geological and hydrological features under the Oak Ridges Moraine Conservation Act, 2001.

Planning decisions in the Oak Ridges Moraine Conservation Plan Area must conform to the Oak Ridges Moraine Conservation Plan and shall reflect the objectives found in Section 4, of the Oak Ridges Moraine Conservation Act, 2001. The Official Plan of the Township of Adjala-Tosorontio has been amended to bring it into conformity with the Oak Ridges Moraine Conservation Plan. However, these policies must be read in conjunction with the detailed provisions of the Oak Ridges Moraine Conservation Plan, and the Township of Adjala-Tosorontio Zoning By-law.

4.12.1 General Policies

4.12.1.1 The policies in Section 4.12 shall apply to all lands located within the area shown on Schedules ‘A-1 to A-3’, unless otherwise noted in this Plan.

4.12.1.2 Through the Oak Ridges Moraine Conservation Act, 2001 and accompanying Conservation Plan, the Province of Ontario has established a framework for protecting the Oak Ridges Moraine. Municipal planning decisions and public works improvements or other undertakings are required to conform with the Oak Ridges Moraine Conservation Plan which prevails in the case of a conflict with an official plan, zoning by-law or a policy statement issued under Section 3 of The Planning Act.

4.12.1.3 Where this Plan in Section 4.12 contains terms that are defined in the Oak Ridges Moraine Conservation Plan, they are italicized, and the Oak Ridges Moraine Conservation Plan should be consulted for the specific definition.

4.12.1.4 Transition and Further Approval Applications

Within the Oak Ridges Moraine there are applications under the Planning Act and Condominium Act, which, due to their date of commencement, are subject to the transition provisions of Sections 15 and 17 of the Oak Ridges Moraine Conservation Act, 2001.

a) All applications, as defined under the Oak Ridges Moraine Conservation Act, 2001, which commenced on or after November 17, 2001 are required to conform to the Oak Ridges Moraine Conservation Plan.

b) All applications, as defined under the Oak Ridges Moraine Conservation Act, 2001, in Natural Core Areas, Natural Linkage Areas, Countryside and Rural Settlement Areas, which commenced prior to November 17, 2001, and on November 17, 2001, no decision had been made, shall conform to the prescribed provision under Section 48, of the Oak Ridges Moraine Conservation Plan. This shall include applications where a decision has been made after November 17, 2001 and has been appealed to the Ontario Municipal Board.

c) Applications, as defined under the Oak Ridges Moraine Conservation Act, 2001, which were commenced and decided upon before November 17, 2001 are not subject to the provisions of the ORMCP provided that the uses, buildings or structures for which the application was intended, is legally existing as of the date of the adoption of this Plan. If subsequent applications are still required in order to establish the intended uses, building or structures, these will be required to conform with the applicable provisions of the ORMCP based on the individual application commencement date, with the exception of those applications under section 4.12.1.4 a) v) of this Plan.

d) In accordance with Section 17(1) of the Oak Ridges Moraine Conservation Act, 2001, where an application for either a rezoning, site plan, minor variance or the lifting of a holding provision is required as a condition of approval for a plan of subdivision or provisional consent, these applications shall be made in accordance with the same policy and legislative requirements as the plan of subdivision or consent application.

e) Official Plan Amendment No. 1 (OPA 1) known as the Ballycroy Resort Development is an application that was decided (as defined in Section 15(5) Oak Ridges Moraine Conservation Act, 2001) prior to November 17, 2001, conditional on the approval of a site plan application. Notwithstanding any other provisions of this plan, the land use approvals contained in OPA 1 remain in full force and effect, and the site plan shall not be subject to Section 4.12 of this Plan.

f) Official Plan Amendment No. 30 (OPA 30) known as Adjala South Estates was approved by the Ministry of Municipal Affairs and Housing on November 29, 1995. Applications for a zoning by-law amendment and draft plan of subdivision for Adjala South Estates were commenced before

November 17, 2001, but no decisions have been made in respect of the applications. As such, in accordance with Section 15(2) of the Oak Ridges Moraine Conservation Act, 2001, these applications shall conform to the prescribed provisions in Section 48 of the Oak Ridges Moraine Conservation Plan, as outlined in Sections 4.12.6, 4.12.7, 4.12.17(i)(b), and 4.12.18(vi) (vii) (viii) of this Plan. In addition to the prescribed provisions, any further approvals related to OPA 30, Adjala South Estates, shall be subject to the applicant providing a potable and sustainable water supply to service future development on the subject lands. Further approvals shall be subject to the “Holding” provision symbolized by the letter “H”. The Council of the Township of Adjala-Tosorontio shall not remove the holding symbol unless satisfied that an adequate water supply is available for future development.

4.12.1.5 Oak Ridges Moraine Existing Uses

i) Nothing in Section 4.12 of this Plan applies to prevent:

a. the use of any land, building or structure for a purpose prohibited by Section 4.12 of this Plan, if the land, building or structure was lawfully used for that purpose on November 15, 2001 and continues to be used for that purpose; or

b. the erection or use for a purpose prohibited by Section 4.12 of this Plan of a building or structure for which a permit has been issued under subsection 8(2) of the Building Code Act, 1992 on or before November 15, 2001 if;

1. the permit has not been revoked under subsection 8(10) of the Building Code Act, 1992, and,

2. the building or structure when erected is used and continues to be used for the purpose for which it was erected.

ii) For subsection 4.12.1.5 of this Plan:

a. “existing” means lawfully in existence on November 15, 2001, and for greater certainty does not include a use, building or structure that is in existence on that date without being lawful;

b. “institutional use” includes, without limitation, a clinic, hospital, school, university or college, church, cemetery, community hall, municipal buildings and works yards.

iii) Nothing in Section 4.12 of this Plan applies to prevent the expansion of an existing building or structure on the same lot, or the expansion of an existing institutional use, if the applicant demonstrates that:

a. There will be no change in use; and

b. The expansion will not adversely affect the ecological integrity of the Oak Ridges Moraine Conservation Plan area.

iv) Despite subsection 4.12.1.5 iii), an existing mineral aggregate operation or an existing wayside pit within an area designated Natural Core Area on Schedules ‘A-1 to A-3’ shall not be expanded beyond the boundary of the area under license or permit.

v) Nothing in Section 4.12 of this Plan applies to prevent the reconstruction, within the same locations and dimensions, of an existing building or structure that is damaged or destroyed by causes beyond the owner’s control, and the reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use and no intensification of the use.

vi) Nothing in Section 4.12 of this Plan applies to prevent the conversion of an existing use to a similar use, if the applicant demonstrates that the conversion:

a. Will bring the use into closer conformity with this Plan and the Oak Ridges Moraine Conservation Plan;

b. Will not adversely affect the ecological integrity of the Oak Ridges Moraine Conservation Plan Area.

vii) If an existing use has adverse effects on the ecological integrity of the Oak Ridges Moraine Conservation Plan area, any application to expand the building, structure or use or to convert the existing use to a similar use shall be considered with the objective of bringing the use into closer conformity with this Plan and the Oak Ridges Moraine Conservation Plan.

4.12.1.6 Previously Authorized Single Dwelling

i) In accordance with Section 7 of the Oak Ridges Moraine Conservation Plan, nothing in Section 4.12 of this Plan applies to prevent the use, erection or location of a single dwelling if:

a. the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; and

b. the applicant demonstrates, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Oak Ridges Moraine Conservation Plan Area.

4.12.1.7 Buildings and Structures Authorized under Section 17(1) of the Oak Ridges Moraine Conservation Act

ii) In accordance with Section 8 of the Oak Ridges Moraine Conservation Plan, nothing in Section 4.12 of this Plan applies to prevent the use, erection or location of a building or structure if,

a. the use, erection and location were authorized by the approval of an application that was commenced before November 17, 2001 and approved after that date; or

b. the use, erection and location were authorized by the approval of an application that was commenced after November 17, 2001 and decided in accordance with subsection 17(1) of the Oak Ridges Moraine Conservation Act.

4.12.1.8 Site Plan Applications

i) An application for site plan approval under section 41 of the Planning Act is not required to comply with Section 4.12 of this Plan where the application:

a. relates to land in respect of which any of the following was commenced before November 17, 2001 and approved after that date:

1. An application for an amendment to a zoning by-law;

2. An application for approval of a plan of subdivision under section 51 of the Planning Act;

3. An application for approval or exemption from approval for a plan of condominium under section 9 of the Condominium Act, 1998.

4.12.2 Natural Core Area

i) Natural Core Areas are areas with a high concentration of key natural heritage features, hydrologically sensitive features key hydrologic features and functions or landform conservation areas.

ii) The purpose of Natural Core Areas is to maintain and where possible improve or restore the ecological integrity of the Oak Ridges Moraine Conservation Plan Area. Additional purposes and objectives for Natural Core Areas are also found in Sections 11(1) and (2) of the Oak Ridges Moraine Conservation Plan.

iii) The following uses are permitted on lands designated Natural Core Area on Schedules ‘A-1 to A-3’:

a. fish, wildlife and forest management;

b. conservation projects and flood and erosion control projects;

c. agricultural uses;

d. transportation, infrastructure, and utilities, subject to Section 4.12.16 but only if the need for the project has been demonstrated and there is no reasonable alternative infrastructure uses;

e. home businesses;

f. home industries;

g. low-intensity recreational uses subject to Section 4.12.13.1

h. unserviced parks;

i. farm vacation homes on-farm diversified uses, subject to Section 4.12.X;

j. bed and breakfast establishments

k. single dwelling subject to Section 4.12.1.6

l. uses accessory to the permitted uses set out in paragraphs a. to l.

iv) Permitted uses accessory to agricultural uses include, but are not limited to the following:

a. Roadside sale of produce of the farm operation;

b. The manufacture of value-added products from produce of the farm operation; and

c. A second dwelling that is a temporary, mobile or portable unit, if the applicant demonstrates that the dwelling:

(1) Is required to house help that is needed on the farm operation on a seasonal or full time basis;

(2) Does not require a consent under section 50 or 53 of the Planning Act, and,

(3) Will not adversely affect the ecological integrity of the Oak Ridges Moraine Conservation Plan Area.

iv) On-farm diversified uses are only permitted in prime agricultural areas in the Natural Core Areas.

4.12.3 Natural Linkage Area

i) Natural Linkage Areas, are areas forming part of a central corridor system that support or have the potential to support the movement of plants and animals among the Natural Core Areas, Natural Linkage Areas, river valleys and stream corridors.

ii) The purpose of the Natural Linkage Area is to maintain and where possible improve or restore, the ecological integrity of the Oak Ridges Moraine Conservation Plan Area, and to maintain, and where possible improve or restore, regional-scale open space linkages between Natural Core Areas and along river valleys and stream corridors. Additional purposes and objectives for Natural Linkage Areas are also found in Sections 12(1) and (2) of the Oak Ridges Moraine Conservation Plan.

iii) The following uses are permitted on the lands designated Natural Linkage Area on Schedules ‘A-1 to A-3’,

a. all of the uses listed in 4.12.2 iii) Natural Core Area;

b. wayside pits

c. mineral aggregate operations

d. agriculture-related uses, subject to Section X

e. uses accessory to the permitted uses set out in a,b,c, and d.

iv) Agriculture-related uses are only permitted in prime agricultural areas in the Natural Linkage Areas.

4.12.4 Countryside Area

i) Countryside Areas are areas of rural land use such as agriculture, recreation, residential development, mineral aggregate operations, parks and open space.

ii) The purpose of the Countryside Area is to encourage agricultural and other rural uses that support the Oak Ridges Moraine Conservation Plan. Additional purposes and objectives for Countryside Areas are also found in Sections 13(1) and (2) of the Oak Ridges Moraine Conservation Plan, 2001.

iii) The following uses are permitted on lands designated Countryside Area on Schedules ‘A-1 to A-3’,

a. all of the uses listed in 4.12.3 iii) Natural Linkage Area;

b. small scale, commercial, industrial and institutional uses, subject to Section 4.12.14;

c. agricultural-related uses

d. major recreational uses, subject to Section 4.12.13.2;

e. uses accessory to the permitted uses set out in paragraphs a. to d.

iv) New small-scale commercial, industrial and institutional development as described in Section 4.12.14 and new major recreational uses as described in Section 4.12.13.2 shall only be permitted within the Countryside Area shown on Schedule ‘E-1’, subject to an amendment to the Official Plan.

v) The uses described in (iii) b. and c d. above are not permitted in prime agricultural areas and areas designated primarily for agricultural uses in the Township Official Plan.

vi) Agriculture-related uses are only permitted in prime agricultural areas in the Countryside Areas

vii) Prime agricultural lands are those lands classified as Class 1 to 3 soils and agricultural capability in the Canada Land Inventory by the Province of Ontario.

There are two (2) prime agricultural areas located within the Oak Ridges Moraine and have been identified in the Zoning By-law in the “Oak Ridges Moraine Agricultural (ORMA) Zone”.

The two prime agricultural areas are:

1. Part of Lot 11, Concession 6; and,

2. Part of Lot 17, Concession 5.

All other lands on the Oak Ridges Moraine are to be considered as non-prime agricultural or rural.

4.12.5 Rural Settlement Areas

i) The purpose of Rural Settlement Areas on the Oak Ridges Moraine form part of the Countryside Area and are areas of rural land uses such as agriculture, recreation, residential development, mineral aggregate operations, parks and open space. Additional purposes and objectives for Rural Settlement Areas are also found in Sections 1318(1) and (2) of the Oak Ridges Moraine Conservation Plan.

ii) With respect to land designated Rural Settlement Area on Schedule ‘A-1’ in Colgan, the permitted uses are:

a) all of the uses listed in 4.12.4 iii)a. Countryside Area;

b) small scale, commercial, industrial and institutional uses subject to all of Section 4.12.14 excluding Section 4.12.14(i)a.(i)c.(ii)a.

c) the creation of new residential lots representing minor infill and/or minor rounding out of the Rural Settlement Area as designated in this Plan.

d) Major recreational uses, subject to Section 4.12.13.2;

iii) The uses described in 4.12.5 ii) b and d. are not permitted in prime agricultural areas.

4.12.6 Connectivity

i) All applications for development and site alteration in the Natural Core Area, Natural Linkage Area, Countryside Area and Rural Settlement Area shall identify planning and design construction practices that ensure that no buildings or other site alterations impede any hydrological functions or the movement of plants and animals among key natural heritage features, hydrologically sensitive features key hydrological features and adjacent land within Natural Core Areas and Natural Linkage Areas.

4.12.7 Key Natural Heritage Features and Hydrologically Sensitive Features Key Hydrological Features Minimum Vegetation Protection Zones and Minimum Areas of Influence

i) The Oak Ridges Moraine Conservation Plan establishes minimum areas of influence and minimum vegetation protection zones that relate to key natural heritage features and hydrologically sensitive features key hydrological features as shown in Table 1.

ii) If land falls within more than one feature as identified on Table 1, the provisions that are more restrictive shall apply. If land falls within more than one key natural heritage feature or key hydrologic feature described in Column 2 of the Table, the minimum area of influence described in Column 3 that is the largest and the vegetation protection zone described in Column 4 that is the largest shall apply with respect to each feature for the purposes of this Plan.

iii) The minimum areas of influence and minimum vegetation protection zones from key natural heritage features and hydrologically sensitive features as shown on Table 1, shall apply to lands designated Rural Settlement Area, Natural Core Area, Natural Linkage Area, and Countryside Area on Schedules ‘A- 1 to A-3’.

Table 1
Key Natural Heritage Features, Hydrologically Sensitive Features and Areas of Natural and Scientific Interest (Earth Science): Minimum Areas of Influence and Minimum Vegetation Protection Zones

orm table 1 edit for web

4.12.7.1 Key Natural Heritage Features and Hydrologically Sensitive Features Key Hydrological Features

i) Key Natural Heritage Features in the Oak Ridges Moraine Conservation Plan Area include wetlands, significant portions of habitat of endangered rare and threatened species, fish habitat, areas of natural and scientific interest (life science), significant valleylands, significant woodlands, significant wildlife habitat, sand barrens, savannahs and tallgrass prairies.

ii) Wetlands are designated on Schedule ‘E-2’ of this Plan.

iii) Areas of Natural and Scientific Interest (Life Sciences) are designated on Schedule ‘E-4’.

iv) Significant Woodlands are designated on Schedule ‘E-1’.

v) Hydrologically sensitive features Key hydrological features in the Oak Ridges Moraine Conservation Plan Area include permanent and intermittent streams, wetlands and kettle lakes and seepage areas and springs.

vi) Permanent and intermittent streams are designated on Schedule ‘E-2’.

vii) No amendments will be required to Schedules ‘E-1 to E-3′ where changes to the boundary of the key natural heritage feature or hydrologically sensitive feature key hydrological feature are based on studies carried out in accordance with this Plan or the Oak Ridges Moraine Conservation Plan, or updated information from the Province of Ontario, Department of Fisheries and Oceans or their delegate is provided to the satisfaction of the Township of Adjala-Tosorontio.

viii) Any change to Schedules ‘E-2’, and ‘E-3’ which affects the boundary of a wetland or an area of natural and scientific interest (life science) or confirmation of the boundaries of a feature not included on the Schedules including habitat of endangered, rare and threatened species or fish habitat, will only be made after consultation with the District office of the Ministry of Natural Resources and Forestry and in the case of fish habitat, with the Department of Fisheries and Oceans or their delegate.

ix) The presence or absence of significant portions of habitat of endangered rare and threatened species, fish habitat, significant valleylands, significant wildlife habitat, and seepage areas and springs on the lands subject to a development or site alteration application and within 120m of the application, shall be confirmed through Environmental Studies to the satisfaction of the Township of Adjala-Tosorontio in consultation with the appropriate agencies. Upon agency approval, the appropriate map schedules can be revised to reflect the findings of the Environmental Studies. Key natural heritage features and hydrologically sensitive features key hydrological features identified on the Oak Ridges Moraine but not shown on Schedules to this Plan, shall be subject to the provisions in Section 4.12.7 of this Plan respecting key natural heritage features and hydrologically sensitive features key hydrological features.

4.12.7.2 Key Natural Heritage Features and Hydrologically Sensitive Features Key Hydrological Features Permitted Uses

i) No development or site alteration is permitted within key natural heritage features or significant key hydrological features or the related minimum vegetation protection zones as specified on Table 1 in Section 4.12.7 except for the following:

a. forest, fish and wildlife management;

b. conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary and in the public interest after all alternatives have been considered;

c. transportation, infrastructure, and utilities, but only if the need for the project has been demonstrated and there is no reasonable alternative development of infrastructure as set out in section 41 of the Oak Ridges Moraine Conservation Plan; and

d. low-intensity recreational uses.

e. Any development and site alteration in Countryside Areas or Settlement Areas that is within the habitat of an endangered or threatened species, but only if

i. it is permitted under the Endangered Species Act, 2007, and

ii. it is not within any other key natural heritage feature or the related minimum vegetation protection zone

4.12.7.3 Key Natural Heritage Features Natural Heritage Evaluation

i) Applications for development or site alteration with respect to land within the minimum area of influence that relates to a key natural heritage feature, but outside the key natural heritage feature itself and the related minimum vegetation protection zone shall be accompanied by a Natural Heritage Evaluation.

ii) Notwithstanding policy i), a natural heritage evaluation is not required in the case of an application relating to the construction of a new building or structure in the minimum area of influence of a key natural heritage feature if,

a) the proposed building or structure is for agricultural uses, agriculture-related uses or on-farm diversified uses; and

b) the feature and its functions are protected from the impacts of the proposed building or structure because it meets the requirements set out in subsection iii).

iii) For the purposes of policy ii), the proposed building or structure must meet the following requirements:

1. The proposed building or structure will not be located within the vegetation protection zone.

2. Connectivity of the key natural heritage feature with other key natural heritage features and with key hydrologic featureswill be maintained and, where feasible, improved.

3. The building or structure will be located away from the key natural heritage feature to the maximum extent possible and, where possible, clustered with existing buildings or structures.

4. Best management practices will be pursued to protect or restore key natural heritage features and related ecological functions.

5. Measures will be put in place, especially for stormwater management and erosion control, so that potential impacts of the building or structure on the key natural

heritage features and related ecological functions will be mitigated, before, during and after construction.

6. The municipality or other approval authority has considered the following when determining the potential impacts of the proposal:

i. The nature and purpose of the building or structure,

ii. The size and scale of the building or structure, including where appropriate, the cumulative impact of existing development,

iii. The site characteristics such as topography, and

iv. The sensitivity of the adjacent key natural heritage feature

iv) A Natural Heritage Evaluation shall:

a. demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature or on the related ecological functions;

b. Identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the key natural heritage feature and its connectivity with other key natural heritage features and with key hydrologic features;

c. In the case of an application relating to land in a Natural Core Area, Natural Linkage Area or Countryside Area, demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where possible, improved or restored before, during and after construction;

d. If Table 1 in Section 4.12.7 specifies the dimensions of a minimum vegetation protection zone, determine whether the specified dimension is sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it;

e. If Table 1 in Section 4.12.7 does not specify the dimensions of a minimum vegetation protection zone, determine whether one is required, and if one is required, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improve or restoration of natural self-sustaining vegetation within it; and

f. In the case of a key natural heritage feature that is fish habitat, ensure compliance with the requirements of the Department of Fisheries and Oceans (Canada).

g. In the case of Areas of Natural and Scientific Interest (Life Science), the basis on which the determination and specification of Table 1 Section 4.12.7 is done shall include, without limitation, an analysis of land use, soil type, slope class and vegetation type, using criteria established by the Government of Ontario, as amended from time to time.

4.12.7.4 Hydrologically Sensitive Features Key Hydrological Features Hydrological Evaluation

i) An application for development or site alteration with respect to land within the minimum area of influence that relates to a hydrologically sensitive feature, but outside the hydrologically sensitive features key hydrological features itself and the related minimum vegetation protection zone shall be accompanied by a Hydrological Evaluation.

ii) Notwithstanding policy i), a hydrological evaluation is not required in the case of an application relating to the construction of a new building or structure in the minimum area of influence of a key hydrologic feature if,

a. the proposed building or structure is for agricultural uses, agriculture-related uses or on-farm diversified uses; and

b. the feature and its functions are protected from the impacts of the proposed building or structure because it meets the requirements set out in subsection (4.2).

iii) For the purposes of policy ii), a proposed building or structure must meet the following requirements:

1. The proposed building or structure will not be located within the vegetation protection zone.

2. Connectivity of the key hydrologic feature with other key hydrologic features and key natural heritage featureswill be maintained and, where feasible, improved.

3. The building or structure will be located away from the key hydrologic feature to the maximum extent possible and, where possible, clustered with existing buildings or structures.

4. Best management practices will be pursued to protect or restore key hydrologic features and related hydrological functions.

5. Measures will be put in place, especially for stormwater management and erosion control, so that potential impacts of the building or structure on the key hydrologic features and related hydrological functions will be mitigated, before, during and after construction.

6. The municipality or other approval authority has considered the following when determining the potential impacts of the proposal:

a. the nature and purpose of the building or structure,

b. the size and scale of the building or structure, including where appropriate, the cumulative impact of existing development,

c. the site characteristic such as topography, and

d. the sensitivity of the adjacent key hydrologic feature.

iv) A Hydrological Evaluation shall,

a. Demonstrate that the development or site alteration will have no adverse effects on the hydrologically sensitive feature key hydrological feature or on the related hydrological functions;

b. Identify planning, design and construction practices that will maintain, and where possible improve or restore, the health, diversity and size of the hydrologically sensitive feature key hydrological feature and its connectivity to other key hydologic features and key natural heritage features

c. Determine whether the minimum vegetation protection zone whose dimensions are specified in Table 1 in Section 4.12.7 is sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it.

d. In the case of an application relating to land in a Natural Core Area, Natural Linkage Area or Countryside Area, demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where possible, improved or restored, before, during, and after construction

e. In the case of permanent and intermittent streams and seepage areas and springs, the basis on which the determination and specification mentioned in Section 4.12.7, is done shall include, without limitation, an analysis of land use, soil type and slope class, using criteria established by the Government of Ontario, as amended from time to time.

4.12.8 Major Development

i) Major development in Section 4.12 of this Plan means development consisting of:

a. the creation of four or more lots;

b. the construction of a building or buildings with a ground floor area of 500m2 or more, or

c. the establishment of a major recreational use as described in Section 4.12.13.2 of this Plan.

ii) Every application in the Natural Core Area, Natural Linkage Area, Countryside Area and Rural Settlement Area, commenced on or after April 23, 2007 for major development as defined in Section 4.12.8i) is prohibited unless:

a. The watershed plan for the relevant watershed, prepared by the County of Simcoe in accordance with Section 24(3) of the Oak Ridges Moraine Conservation Plan, has been completed;

b. The major development conforms with the watershed plan; and

c. A water budget and conservation plan, prepared by the County of Simcoe in accordance with Section 25 of the Oak Ridges Moraine Conservation Plan and demonstrating that the water supply required for the major development is sustainable and that assimilative capacity with respect to sewage is sufficient, has been completed.

iii) An application for major development commenced prior to April 23, 2007 shall not be approved unless:

a. The County of Simcoe has completed a water budget and conservation plan, prepared in accordance with Section 25 of the Oak Ridges Moraine Conservation Plan, demonstrating that the water supply required for the major development is sustainable.

OR

b. The applicant,

1. Identifies any hydrologically sensitive features key hydrological features and related hydrological functions on the site and how they will be protected.

2. Demonstrates that an adequate water supply is available for the development, and there is sufficient assimilative capacity to deal with the sewage from the development, without compromising the ecological integrity of the Oak Ridges Moraine Conservation Plan Area, and

3. Provides, with respect to the site and such other land as the approval authority considers necessary, a water budget and a water conservation plan that:

i) Characterizes groundwater and surface water flow systems by means of modeling;

ii) Identifies the availability, quantity and quality of water sources, and

iii) Identifies water conservation measures

4.12.9 Subwatersheds

i) With respect to land in the Natural Core Area, Natural Linkage Area, Countryside Area and Rural Settlement Area designations, all development and site alteration with respect to land in a subwatershed are prohibited if they would cause the total percentage of the area of the subwatershed that has impervious surfaces to exceed:

a. 10 percent; or

b. any lower percentage specified in the applicable watershed plan or subwatershed plan.

ii) With respect to land in the Natural Core Area, Natural Linkage Area, Countryside Area and Rural Settlement Area designations, in considering applications for development or site alteration with respect to land in a subwatershed the approval authority shall take into account the desirability of ensuring that at least 30 percent of the area of the subwatershed has self-sustaining vegetation.

4.12.10 Areas of High Aquifer Vulnerability

i) Schedule ‘E-4’ Aquifer Vulnerability, is based on mapping provided by the Province of Ontario. No amendment will be required to Schedule ‘E-6’, where further definition of the boundaries of high aquifer vulnerability areas are proposed in accordance with Section 29 of the Oak Ridges Moraine Conservation Plan.

ii) Despite anything else in the plan except Section 4.12.1.5 the following uses are prohibited with respect to land in areas of high aquifer vulnerability, as shown on Schedule ‘E-5’ Aquifer Vulnerability;

a. Generation and storage of hazardous waste or liquid industrial waste;

b. Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities;

c. Underground and above-ground storage tanks that are not equipped with an approved secondary containment device;

d. Storage of a containment listed in Schedule 3 (Severely Toxic Contaminants) to regulation 347 of the Revised Regulations of Ontario, 1990.

iii) Policy ii) does not apply to agricultural land in areas of high aquifer vulnerability if the owner or operator of the agricultural operation is carrying out operations that are regulated under the Nutrient Management Act, 2002 and complies with all the standards established under that Act.

4.12.11 Landform Conservation Areas

i) Schedule ‘E-5’ Landform Conservation Areas, is based on mapping provided by the Province of Ontario.

4.12.11.1 Landform Conservation in Natural Core Area, Natural Linkage Area, Countryside Area and Rural Settlement Area

i) An application for development or site alteration, with the exception of mineral aggregate operations, on lands in the Natural Core Area, Natural Linkage Area, Countryside Area and Rural Settlement Area shall:

a. With respect to land in a landform conservation area Category 1 on Schedule ‘E-5’, identify planning, design and construction practices that will keep disturbance to landform character to a minimum, including;

1. Maintaining significant landform features such as steep slopes, kames, kettles, ravines and ridges in their natural undisturbed form;

2. Limiting the portion of the net developable area of the site that is disturbed to not more than 25 percent of the total area of the site; and

3. Limiting the portion of the net developable area of the site that has impervious surfaces to not more than 15 percent of the total area of the site.

b. With respect to land in a landform conservation area Category 2 on Schedule ‘E-5’, identify planning, design and construction practices that will keep disturbance to landform character to a minimum, including:

1. Maintaining significant landform features such as steep slopes, kames, kettles, ravines and ridges in their natural undisturbed form;

2. Limiting the portion of the net developable area of the site that is disturbed to not more than 50 percent of the total area of the site; and

3. Limiting the portion of the net developable area of the site that has impervious surfaces to not more than 20 percent of the total area of the site.

c. With the exception of applications for mineral aggregate operations, major development applications, or site alterations with respect to land in a landform conservation area of either category shall be accompanied by a site plan that:

1. Identifies the areas within which all building, grading and related construction will occur;

2. Demonstrates that building and structures will be located within the areas referred to in clause (1) so as to minimize the amount of site alteration required; and

3. Provides of the protection of areas of natural and scientific interest (earth science) in accordance with Section 4.12.11.2(i).

d. Where the application is for major development, as defined in Subsection 4.12.8 on land in a landform conservation area of either Category 1 or

Category 2, on Schedule ‘E-5’, the application shall be accompanied by a landform conservation plan that:

1. Shows, on one or more maps:

i) elevation contours in sufficient detail to show the basic topographic character of the site, with an interval of not more that two meters;

ii) analysis of the site by slope type (for example, moderate or steep);

iii) significant landform features such as kames, kettles, ravines and ridges; and

iv) all water bodies including intermittent streams and ponds.

2. Includes a development strategy that identifies appropriate planning, design and construction practices to minimize disruption to landform character, including:

i) retention of significant landform features in an open, undisturbed form;

ii) road alignment and building placement to minimize grading requirements;

iii) concentration of development on portions of the site that are not significant;

iv) use of innovative building design to minimize grading requirements; and

v) use of selective grading techniques.

4.12.11.2 Landform Conservation in an Area of Natural and Scientific Interest

i) An application for development or site alteration within Natural Core Area, Natural Linkage Area, Countryside Area and Rural Settlement Area designations within an area of natural and scientific interest (earth science) feature shown on Schedule ‘E-3’ or the related minimum area of influence

which includes all lands within 50 meters of any part of the feature, shall be accompanied by an earth science heritage evaluation that:

a. identifies planning, design and construction practices that will ensure protection of the geological and geomorphological attributes for which the area of natural and scientific interest was identified; and

b. determines whether the minimum vegetation protection zone is required, and if so, specifies the dimensions of that zone and provides for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it.

4.12.12 Mineral Aggregate Operations and Wayside Pits

i) Mineral aggregate operations include:

  • an operation, other than a wayside pit, conducted under a license or permit under the Aggregate Resources Act, and,
  • associated facilities used in the extraction, transportation, beneficiation, processing or recycling of mineral aggregate or the production of related by-products.

ii) No new mineral aggregate operations or wayside pits shall be permitted in the Natural Core Area designation.

iii) A wayside pit means a temporary pit opened or used by or for a public body solely for the purpose of a particular project of road construction and not located on the road right of way.

iv) In Natural Linkage Area, Countryside Area designations and Rural Settlement Area, mineral aggregate operations, may be permitted subject to an amendment to the zoning by-law and the applicable policies of this Plan.

v) The Township of Adjala-Tosorontio in the review of all applications for mineral aggregate operations and wayside pits, shall ensure that the applications comply with Section 35 of the Oak Ridges Moraine Conservation Plan to the extent that the provisions can be addressed under the Planning Act and Municipal Act along with all other applicable provisions of this Plan. Under Section 36 of the Oak Ridges Moraine Conservation Plan the municipality and the mineral aggregate industry are encouraged to work together to develop and implement comprehensive rehabilitation plans.

4.12.13 Recreational Uses

4.12.13.1 Low – Intensity Recreational Uses in the Natural Core Area, Natural Linkage Area, Countryside Area and Rural Settlement Area.

i) Low-intensity recreational uses are recreational uses that have minimal impact on the natural environment, and require very little terrain or vegetation modification and few, if any, buildings or structures, including but not limited to:

a. Non-motorized trail uses

b. Natural heritage appreciation

c. Unserviced camping on public land

d. Accessory uses

ii) Small-scale structures accessory to low-intensity recreational uses, such as trails, boardwalks, footbridges, fences, docks and picnic facilities, are permitted only if the applicant demonstrates that the adverse effects on the ecological integrity of the Oak Ridges Moraine Conservation Plan Area will be kept to a minimum by:

a. Keeping disturbed areas to a minimum; and

b. Avoiding the most sensitive portions of the site, such as steep slopes, and organic soils and significant portions of the habitat of endangered, rare or threatened species.

4.12.13.2 Major Recreational Uses in the Countryside Area and Rural Settlement Area

i) Major recreational uses are recreational uses that require large-scale modification of terrain, vegetation or both and usually also require large-scale buildings or structures, including but not limited to:

a. Golf courses;

b. Serviced playing fields;

c. Serviced campgrounds;

d. Ski hills.

ii) An application to establish or expand a major recreational use in the Countryside Area and Rural Settlement Area designation shall be accompanied by:

a. a recreation plan demonstrating that:

1. water use for maintenance or snow-making will be kept to a minimum;

2. grassed, watered and manicured areas will be limited to sports field surfaces, golf fairways, tees and greens, and landscaped areas around buildings and structures;

3. crossings of intermittent and permanent streams will be kept to a minimum;

4. water-conserving technologies and energy-conserving technologies will be used in clubhouses and restaurants;

5. water-conserving technologies will be used in irrigation and watering of sports field surfaces, golf fairways, tees and greens, and landscaped areas around buildings and structures, and;

6. stormwater treatment facilities green infrastructure and low impact development techniques will be used to capture and treat runoff from areas with impervious surfaces.

b. a vegetation management plan demonstrating that:

1. the application of fertilizers, pesticides, herbicides and fungicides will be limited to sports field surfaces, golf fairways, tees, greens and landscaped areas around buildings and structures ,and, in those locations, will be kept to a minimum;

2. grass mixtures that require minimal watering and upkeep will be used for sports field surfaces and golf fairways; and,

3. wherever possible, intermittent stream channels and drainage swales will be kept in a free-to-grow, low-maintenance condition.

c. demonstration that:

1. The recreational activities on the site:

i) will be compatible with the natural character of the surrounding area, and

ii) will be designed and located so as not to conflict with adjacent land uses.

2. New technologies relating to construction, grounds maintenance and water conservation will be explored and incorporated, as they become available, to help maintain, and where possible improve or restore the ecological integrity of the Oak Ridges Moraine Conservation Plan Area.

d. An application to establish or expand a major recreational use shall demonstrate that the impact of the new or expanded major recreational use on surrounding agricultural operations and lands has been considered and will be avoided or mitigated to the extent possible.

4.12.13.3 Trail Systems

i) It is the objective of the Oak Ridges Moraine Conservation Plan to establish a recreational trail system to provide continuous access and travel along the entire Oak Ridges Moraine Conservation Plan Area, accessible to all including persons with disabilities.

The following uses, buildings and structures are permitted on the trail

system:

1. non-motorized trail uses except, for the use of motorized wheelchairs by persons who need them for mobility,

2. parking, signage, washrooms and interpretive facilities to support access to the trail system,

3. fencing to define and protect the trails while limiting access to, and trespass on, adjoining agricultural lands,

4. works to improve access to the trail system and remove barriers to its use, for the benefit of all including persons with disabilities,

5. works to protect ecologically sensitive portions of the trail system, and,

6. conservation and erosion control to protect or restore key natural heritage features and hydrologically sensitive features and the related ecological functions along the trail system.

ii) The trail system shall,

1. be designed to maintain and, where possible, improve or restore the ecological integrity of the Oak Ridges Moraine Conservation Plan;

2. be located in the natural Core Areas and Natural Linkage Areas as much as possible;

3. be located away from unopened road allowances, prime agricultural areas and agricultural operations as much as possible.

4.12.14 Small-Scale Commercial, Industrial and Institutional Uses in the Countryside Area

i) Small-scale commercial, industrial and institutional uses:

a. are supportive of, complementary to or essential to uses that are permitted in Countryside Areas under section 4.12.4 iii) of this Plan;

b. do not require large-scale modification of terrain, vegetation or both or large-scale buildings and structures, and;

c. include, but are not limited to:

1. farm implement stores, feed stores and country markets, commercial sales or service related to the management or use of resources located in the surrounding area

2. portable mineral aggregate crushing plants, portable asphalt plants and composting plants, and,

3. schools, places of worship, community halls, retirement homes, and cemeteries, intended mainly to serve nearby Rural Settlement Areas within the Oak Ridges Moraine Conservation Plan Area.

ii) An application for a small-scale commercial, industrial or institutional use with respect to land in the Countryside Area designation shall not be approved unless the applicant demonstrates that:

a. the buildings and structures will be planned, designed and constructed so as to not adversely affect;

1. the rural character of the Countryside Areas, and

2. the ecological integrity of the Oak Ridges Moraine Conservation Plan Area.

iii) An application for small-scale commercial, industrial or institutional use with respect to land in a Countryside Area shall not be approved if it is to be located within a prime agricultural area.

4.12.15 Lot Creation

i) New lots may be created in the Rural Settlement Area designation as minor infill, and minor rounding-out and subject to the policies of Sections 4.12.6, 4.12.7, and 4.12.11 of this Plan. Minor rounding-out of a Rural Settlement cannot encroach into a Natural Core Area or Natural Linkage area.

ii) New lots may be created in the Natural Core Area, Natural Linkage Area, and Countryside Area designations subject to the policies of Sections 4.12.6, 4.12.7, and 4.12.11 and for only those circumstances listed in Section 4.12.15 iii) of this Plan.

iii) A new lot may be created only in the following circumstances:

1. Severance, from a rural lot, of a farm retirement lot or a lot for a residence surplus to a farming operation. The maximum permitted is a cumulative total of one such severance for each rural lot. All consents granted on or after January 1, 1994 are included in the calculation of the cumulative total. Where the owner and operator of a farming operation acquires land to consolidate into the farming operation, a lot on which is situated a residential dwelling that existed before the consolidation and that after the consolidation has become surplus to the consolidated farming operation may be severed from the lot of the consolidated farming operation but only if, (i) the new lot will be limited to the minimum size that is needed to accommodate a residential use and the required sewage and water services, and (ii) no new residential dwellings will be constructed on a remnant parcel of farmland created by the severance.

2. Severance from each other of two or more rural lots that have merged in title. The severance shall follow the original lot lines or original half lot lines. Severance from each other of two or more lots for agricultural uses where the lot size of the severed and retained lots is at least 100 acres (40.47 hectares)

3. Allowing land acquisitions for transportation, infrastructure, and utilities as described in Section 4.12.16 of this Plan, but only if the need for the project has been demonstrated and there is no reasonable alternative. Acquisition of land for the development of infrastructure in accordance with the requirements of section 41 of the Oak Ridges Moraine Conservation Plan

4. The addition of adjacent land to an existing lot, but only if the adjustment does not result in the creation of a lot that is undersized for the purpose for which it is being or may be used.

5. Facilitating conveyances to public bodies or non-profit entities for natural heritage conservation.

6. Severance from each other of parts of a lot that are devoted to different uses, but only if the uses are legally established at the time of the application for severance.

iv) Subsection 4.12.15 iii) applies whether the transaction takes the form of a conveyance, a lease for twenty-one years or more, or a mortgage.

v) A lot may be created only if there is enough net developable area on both the severed lot and the remainder retained lot to accommodate proposed uses, buildings and structures and accessory uses without encroachment on key natural heritage features or hydrologically sensitive features key hydrologic features.

vi) When a lot is created, the Township shall enter into a site plan agreement or other agreement with applicant to establish conditions requiring that natural self-sustaining vegetation be maintained or restored in order to ensure the long-term protection of any key natural heritage features and hydrologically sensitive features key hydrologic features on the lot.

vii) A lot shall not be created if it would extend or promote strip development.

4.12.16 Transportation, Infrastructure and Utilities

i) Transportation, infrastructure and utilities uses include: In this section, “infrastructure means all physical structures, facilities and corridors that form the foundation for development of an area, including:

a. public highways;

b. transit lines, railways and related associated facilities;

c. gas and oil pipelines and associated facilities;

d. sewage and water service systems and lines, including septage treatment systems and stormwater management facilities;

e. power transmission lines electric generation facilities and electricity transmission and distribution systems;

f. telecommunications lines and facilities, including broadcasting towers;

g. waste management systems

h. bridges, interchanges, stations and other structures, above and below ground, that are required for the construction, operation or use of the facilities listed in a. to f. in Section 4.12.16 i); and,

i. rights of way required for the facilities listed in clauses a. to g h. in Section 4.12.16 i).

ii) The Township shall ensure that land use planning is coordinated with infrastructure planning and investment with a view to complying with the requirements of section 41 of the Oak Ridges Moraine Conservation Plan and to implementing the Plan.

iii) The Township shall ensure that the development of new infrastructure or the upgrading or extension of existing infrastructure is supported by the necessary studies, assessments and documentation such as

infrastructure master plans, asset management plans, land use and financial scenarios, watershed studies and subwatershed plans, environmental assessments and other relevant studies that,

a. demonstrate that infrastructure will be financially feasible and sustainable over the long-term;

b. demonstrate that an adequate water supply is available for the development, and that there is sufficient assimilative capacity to deal with the sewage from the development, without compromising the ecological integrity of the Plan Area;

c. address stormwater management at appropriate scales throughout the land use planning process;

d. utilise green infrastructure; and

e. assess actions to reduce greenhouse gas emissions and to adapt to climate change impacts.

iv)Transportation, infrastructure and utilities are Infrastructure is permitted in all Oak Ridges Moraine land use designations, subject to Section 41 of the Oak Ridges Moraine Conservation Plan, and prohibited in all key natural heritage features and hydrologically sensitive features key hydrologic features, unless the provisions of Section 41 of the Oak Ridges Moraine Conservation Plan have been met, including the demonstration of need for the project. Need for a project will typically be assessed and included as part of an Environmental Assessment Act process. If such a process does not apply, the requirements of Section 41 will be met through the Planning Act, Condominium Act, Local Improvement Act processes, or other applicable approval processes.

v) An application for a transportation, infrastructure or utilities use the development of infrastructure in or on land in a Natural Linkage Area designation shall not be approved unless:

a. the need for the project has been demonstrated and there is no reasonable alternative; and,

b. the applicant demonstrates that the following requirements will be satisfied, to the extent that is possible while also meeting the applicable safety standards;

1. The area of construction disturbance will be kept to a minimum.

2. Right-of-way widths will be kept to the minimum that is consistent with

i) meeting other objectives such as stormwater management and erosion and sediment control, and

ii) with locating as many transportation, infrastructure, and utility much infrastructure uses within a single corridor as possible.

3. The project will allow for wildlife movement.

4. Lighting will be focused downwards and away from Natural Core Areas.

5. The planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Oak Ridges Moraine Conservation Plan Area to a minimum.

iv) An application for the development of infrastructure in or on land in a prime agricultural area shall not be approved unless,

a. The need for the project has been demonstrated and there is no reasonable alternative, and

b. An agricultural impact assessment is undertaken that demonstrates the impacts to the prime agricultural area will be avoided or mitigated

v) An application for a transportation, infrastructure or utilities use the development of infrastructure in or on land in a Natural Core Area designation shall not be approved unless:

a. The requirements of Section 4.12.16 ii)iv) have been met;

b. The project does not include and will not in the future require a highway interchange or a transit or railway station in a Natural Core Area; and,

c. The project is located as close to the edge of the Natural Core Area as possible.

vi) An application with respect to land in a key natural heritage feature or a hydrologically sensitive feature for new or upgraded transportation, infrastructure or utilities uses including the opening of a road within an unopened road allowance shall be prohibited unless the applicant demonstrates that; Except as permitted in section 4.12.16.iv), with respect to land in a key natural heritage feature or a key hydrologic feature, the development of new infrastructure and the upgrading or extension of existing infrastructure, including the opening of a road within an unopened road allowance, is prohibited.

vii) Infrastructure may be permitted to cross a key natural heritage feature or a key hydrologic feature if the applicant demonstrates that,

a. the need for the project has been demonstrated and there is no reasonable alternative;

b. the planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Oak Ridges Moraine Conservation Plan Area to a minimum;

c. the design practices adopted will maintain, and where possible improve or restore key ecological and recreational linkages, including the trail system referred to in Section 4.12.13.3;

d. the landscape design will be adapted to the circumstances of the site and use native plant species as much as possible, especially along rights of way; and,

e. the long-term landscape management approaches adopted will maintain, and where possible improve or restore, the health, diversity, size and connectivity of the key natural heritage feature or hydrologically sensitive feature key hydrologic feature

vi) Service and utility trenches for transportation, infrastructure or utilities uses where permitted in accordance with this Plan shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum.

4.12.17 Sewage and Water Services

i) An application for major development for all lands identified as Oak Ridges Moraine Conservation Plan Area on Schedules ‘A-1 to A-3′ shall be accompanied by a sewage and water system plan that demonstrates:

a. that the ecological integrity of hydrological and key natural heritage features be maintained;

b. that the quantity and quality of groundwater and surface water will be maintained;

c. that stream baseflows will be maintained;

d. that the project will comply with the any watershed plan, and water budget and water conservation plan, water and wastewater master plan or subwatershed plan prepared by the County of Simcoe in accordance with sections 24 and 25 of the Oak Ridges Moraine Conservation Plan;

e. that the assimilative capacity of receiving lakes, river or streams with respect to sewage from surrounding areas will not be exceeded and the attenuation capacity of groundwater with respect to subsurface sewage systems will not be exceeded; and

f. that the water use projected for the development will be sustainable.

ii) Water and sewer service trenches shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum.

iii) The construction or expansion of partial services are prohibited except where the construction or expansion of partial services is necessary to address a serious health concern or environmental concern.

iv) Section 4.12.17 iii) does not apply to prevent the construction or expansion of partial services if:

a. the construction or expansion was approved under the Environmental Assessment Act before November 17, 2001, and,

b. the period of time during which the construction or expansion may begin has not expired.

4.12.18 Stormwater Management

i) The Township shall develop stormwater master plans and stormwater management plans for Settlement Areas. A stormwater master plan shall,

a. Be based on appropriate watershed scale studies

b. Incorporate green infrastructure elements; and

c. Indentify opportunities for stormwater retrofits where appropriate

ii) An application for major development on all lands identified as Oak Ridges Moraine Conservation Plan Area on Schedules ‘A-1 to A-3’ of this Plan shall be accompanied by a stormwater management plan that shall:

a. demonstrate that planning, design and construction practices that protect water resources will be used, including,

1. keeping the removal of vegetation, grading and soil compaction to a minimum;

2. keeping all sediment that is eroded during construction within the site;

3. seeding or sodding exposed soils as soon as possible after construction; and,

4. keeping chemical applications to suppress dust and control pests and vegetation to a minimum.

iii) In considering an application for development or site alteration, the Township shall seek to reduce areas with impervious surfaces and increase areas retained in a natural undisturbed state, in order to minimize stormwater volumes and contaminant loads and increase capacity to adapt to climate change

iv) The Township development standards shall incorporate planning, design and construction practices that will,

a. reduce the portions of lots and sites that have impervious surfaces; and.

b. provide the flexibility to use alternative stormwater management techniques such as directing roof discharge to rear yard ponding areas and increasing grassed swales.

iv) Section 4.12.18 i) ii) and iii) ii), iii) and iv) do not apply to applications for mineral aggregate operations.

v) For the purposes of stormwater management, the minimum standard for water quality is that 80 percent of suspended solids shall be removed from stormwater runoff as a long-term average.

vi) Despite anything else in this Plan, disposal of stormwater into a kettle lake is prohibited.

vii) Despite anything else in this Plan, new stormwater management ponds are prohibited with respect to land in key natural heritage features and hydrologically sensitive features key hydrologic features

viii) The Township shall retrofit existing stormwater management works where necessary and to the extent it is feasible to do so

ix) Despite anything else in this Plan, new rapid infiltration basins and new rapid infiltration columns are prohibited on lands identified as Oak Ridges Moraine Conservation Plan Area on Schedule ‘E-1’ of this Plan.

x) The objectives of a stormwater management plan are to:

a. maintain groundwater quantity and flow and stream baseflow;

b. protect water quality;

c. protect aquatic species and their habitat;

d. prevent increases in stream channel erosion; and,

e. prevent any increase in flood risk.

f. Minimize the disruption of natural drainage patterns wherever possible; and

g. Address climate change impacts by mitigating the potential flood risks associated with increased precipitation

xi) A stormwater management plan shall provide for an integrated approach to stormwater management that,

a. Minimizes stormwater flows and reliance on end-of-pipe control by using a sequence of measures including,

1. Source controls

2. Lot-level controls such as devices and designs that direct roof discharge, and

3. Conveyance techniques such as grass swales; and

4. Increases the Township’s capacity to adapt to climate change

4.12.19 Wellhead Protection Areas

i) Wellhead Protection Areas have been identified by the County of Simcoe and have been shown for existing municipal wells on Schedule ‘E-2’ to this Plan. The Wellhead Protection Areas identify:

a. a 50 day time of travel;

b. a 0-2 year time of travel;

c. a 10 year time of travel, and,

d. a 25 year time of travel.

ii) Within Wellhead Protection Areas as shown on Schedule ‘E-2’ to this Plan, the following uses are prohibited:

a. Storage, except by an individual for personal or family use, of,

1. petroleum fuels;

2. petroleum solvents and chlorinated solvents;

3. pesticides, herbicides and fungicides;

4. construction equipment;

5. inorganic fertilizers;

6. road salt; and,

7. contaminants listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 of the Revised Regulations of Ontario, 1990.

b. Generation and storage of hazardous waste or liquid industrial waste.

c. Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities.

iii) Notwithstanding any other provision of this Plan, new uses, which involve the following are prohibited, except by an individual for personal or family use, on lands in the zero to two year time of travel zone in each Wellhead Protection Area:

a. Storage of animal manure;

b. Animal agriculture; and,

c. Storage of agricultural equipment.

iv) Policy iii) a. and iii) b. do not apply to:

1. any agricultural land if the owner or operator of the agricultural operation complies with all the standards established under the Nutrient Management Act, 2002 and any applicable requirement under the Clean Water Act, 2006.

v) Every person who carries on a use listed above, as an owner or operator, shall prepare and maintain a site management and contingency plan that is aimed at reducing or eliminating the creation of the materials referred to above, and their release into the environment, which plan shall be reviewed and approved by the County of Simcoe.

vi) The Township shall consider and encourage restrictions on haulage routes for the transportation of chemicals and volatile materials through designated Wellhead Protection Areas.”

4.12.20 Excess Soil and Fill

4.12.20.1 The Township and industry shall use best practices for the management of excess soil and fill generated during any development or site alteration, including infrastructure development, so as to ensure that,

(a) any excess soil or fill is re-used on-site or locally to the maximum extent possible; and

(b) fill received at a site will not cause an adverse effect on the current or proposed use of the property or on the natural environment.

Proposed Definitions

adverse effect: means any impairment, disruption, destruction or harmful alteration and “adversely affect” has a corresponding meaning;

agricultural uses: means,

(a) growing crops, including nursery, biomass and horticultural crops,

(b) raising livestock and other animals, including poultry and fish, for food, fur, or fibre,

(c) aquaculture,

(d) apiculture,

(e) agro-forestry and maple syrup production,; and

(f) uses associated with on-farm buildings and structures including,

(i) livestock facilities,

(ii) manure storage structures,

(iii) value-retaining facilities used to,

(A) maintain the quality of agricultural commodities produced on the farm such as atmosphere controlled storage, or

(B) provide a minimum amount of processing to make agricultural commodities saleable, including cleaning, grading, drying, sorting, evaporating maple sap into syrup, honey extraction and bulk packaging, and

(iv) accommodations for full-time farm labour;

agriculture-related uses: means farm-related commercial and industrial uses that,

(a) are directly related to, and compatible with, farm operations in the surrounding area and do not hinder those farm operations,

(b) support agriculture,

(c) benefit from being in close proximity to farm operations, and

(d) provide products or services, or both, directly to farm operations as a primary activity;

agri-tourism uses: means uses that promote the enjoyment of farm operations or education or activities related to farm operations and includes the provision of accommodations as a bed and breakfast;

bed and breakfast establishment: means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in a single dwelling that is the principal residence of the proprietor of the establishment;

connectivity: means the degree to which key natural heritage features or key hydrologic features are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows through food webs;

development: means the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act but does not include,

(a) activities that create or maintain infrastructure authorized under an environmental assessment process; or

(b) works that are subject to the Drainage Act;

ecological features: means naturally occurring land, water and biotic features that contribute to ecological integrity;

ecological functions: means the natural processes, products or services that living and non-living environments provide or perform within or between species, ecosystems and landscapes, including hydrological functions and biological, physical, chemical and socio-economic interactions;

ecological integrity: which includes hydrological integrity, means the condition of ecosystems in which,

(a) the structure, composition and function of the ecosystems are unimpaired by stresses from human activity,

(b) natural ecological processes are intact and self-sustaining, and

(c) the ecosystems evolve naturally;

endangered species: means a species that is classified as an endangered species in Ontario Regulation 230/08 (Species at Risk in Ontario List) made under the Endangered Species Act, 2007;

fish habitat: means the spawning grounds and any other areas, including nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out the life processes, as further identified by the Department of Fisheries and Oceans (Canada);

green infrastructure: means infrastructure consisting of natural and human-made elements that provide ecological and hydrological functions and processes and includes natural heritage features and systems, parklands, stormwater management systems, street trees, urban forests, natural channels, permeable surfaces and green roofs;

habitat of endangered and threatened species: means,

(a) with respect to an endangered or threatened species for which a regulation made under clause 55 (1) (a) of the Endangered Species Act, 2007 is in force, the area prescribed by that regulation as the habitat of the species, or

(b) with respect to any other endangered or threatened species, the area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration, or feeding,

and includes places in the area described in clause (a) or (b), whichever is applicable, that are used by members of the species as dens, nests, hibernacula or other residences;

home business: means a business that,

(a) involves providing personal or professional services or producing custom or artisanal products,

(b) is carried on as a small-scale secondary use within a single dwelling, or a building that is accessory to the dwelling, by one or more residents of the dwelling, and

(c) does not include uses such as an auto repair or paint shop or furniture stripping;

home industry: means an industry that,

(a) is carried out in the home or in a building that is accessory to the home or, if the home is located on a farm, to the agricultural operation;

(b) if the home is not located on a farm

(i) is carried on as a small-scale use that is secondary to the principal use of the home as a single dwelling,

(ii) provides a service such as carpentry, metalworking, welding, electrical work or blacksmithing, primarily to the farming community, and

(iii) does not include uses such as auto repair or paint shop or furniture stripping, and

(c) if the home is located on a farm,

(i) is carried on as a small-scale use that is secondary to the principal use of the farm as an agricultural operation,

(ii) may include, but is not limited to, a sawmill, welding or woodworking shop, manufacturing or fabrication shop, equipment repair and seasonal storage of boats or trailers;

home occupation: means an occupation that is carried out on a farm and that,

(a) involves providing personal or professional services such as those offered at or by a professional office, bookkeeper, land surveyor, art studio, hairdresser, massage therapist, daycare, veterinary clinic, kennel classes or workshops, and

(b) is carried on as a small-scale secondary use within a single dwelling on the farm;

hydrological cycle: means the circulation of water from the atmosphere to the earth and back through precipitation, runoff, infiltration, groundwater flow and evapotranspiration, including 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;

hydrological features: means,

(a) permanent and intermittent streams,

(b) wetlands,

(c) kettle lakes and their surface catchment areas,

(d) seepage areas and springs, and

(e) aquifers and recharge areas;

hydrological functions: 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;

hydrological integrity: means the condition of ecosystems in which hydrological features and hydrological functions are unimpaired by stresses from human activity;

key natural heritage feature: means a key hydrologic feature as described in the Oak Ridges Moraine Conservation Plan;

key hydrologic feature: means a key hydrologic feature as described in the Oak Ridges Moraine Conservation Plan;

landform features: means distinctive physical attributes of land such as slope, shape, elevation and relief;

landform conservation area: means a landform conservation area as described in the Oak Ridges Moraine Conservation Plan;

on-farm diversified uses: means, with respect to a farming operation, uses that are secondary to the principal agricultural use of the property, that are compatible with and do not hinder the surrounding agricultural operations and that occupy a limited area of the property including,

(a) home occupations,

(b) home industries,

(c) agri-tourism uses, and

(d) uses that produce value-added products;

significant: when used with reference to valleylands, wildlife habitat and woodlands, means identified as significant, using evaluation procedures established by the Ministry of Natural Resources and Forestry;

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;

subwatershed: means an area that is drained by a tributary or some defined portion of a stream;

surface catchment area: means the area including and surrounding a kettle lake or wetland, from which surface runoff drains directly into the kettle lake or wetland;

value-added product: means an agricultural product that has been processed by means of chopping, canning, pressing, bottling, roasting or any other similar process;

watershed: means an area that is drained by a river and its tributaries;

wellhead protection area: means the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move so as eventually to reach the water well or well field;

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 and includes areas where certain species concentrate at a vulnerable point in their annual or life cycle and areas that are important to migratory or non-migratory species;

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