Category Archives: Policy Paper Phase 1

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;

Aggregates Policy Paper

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Download the Aggregates Policy Paper.

Background

Mineral aggregates are essential resources which are needed to build and maintain our communities, including our homes, roads, and places of work. Aggregates are a necessary component required to extend and repair infrastructure, which will support growing communities such as Adjala-Tosorontio. Ensuring the protection and availability of mineral aggregate resources is a key provincial interest. The Province also has an interest in maintaining a supply of aggregate resources close to markets, which can reduce transportation costs and potential social and environmental impacts associated with pits and quarries. Pit and quarry developments are considered interim land uses, and lands must be rehabilitated after extraction has ceased. The Aggregate Resources Act (ARA) works in concert with other provincial policies, legislation, and associated regulations to regulate aggregate resource development and operations, through licensing and site planning.

The development of provincial policies to identify and protect mineral aggregate resources began decades ago, and now the Provincial Policy Statement (PPS) currently guides municipal planning for aggregate resources. The PPS clearly requires that mineral aggregate resources shall be protected and identified (where Provincial information is available), and that progressive and final rehabilitation shall be required, recognizing the interim nature of extraction.

Applications are required concurrently under the ARA and Planning Act for new or expanded aggregate operations. Approvals under other legislation, such as the Endangered Species Act and Ontario Water Resources Act, may be required depending on the nature of the proposed development. The Township will require an Official Plan Amendment and Zoning By-law Amendment to permit extraction. If approved, the pit or quarry will operate under a license in accordance with the provisions of a detailed site plan under the ARA. Once operations have ceased, rehabilitation is required to accommodate subsequent land uses and mitigate impacts to the extent possible.

The County of Simcoe provides policies to guide planning for aggregates at the local municipal level. It requires that local Official Plans “shall contain policies to address the mineral aggregate resource policies of the Plan, including policies regarding the establishment/expansion, prohibition or location of pits and quarries and associated activities and policies with criteria to establish a clear and appropriate mechanism to permit new or expanded pits and quarries.” (County of Simcoe Official Plan 4.10.7).

The Township of Adjala-Tosorontio currently shows two land uses designations on its Official Plan Schedules, which are Protected Aggregate Resources and Licensed Pit. The current Official Plan provides policies which outline permitted uses in the Protected Aggregate Resource designation, including the quarrying and extraction of gravel, sand and other aggregate material. The associated operations of processing by crushing,

screening and washing and the storage of processed aggregate material may be permitted, if judged to be compatible with surrounding land uses. Agriculture, forestry, and conservation uses are permitted.

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.

To identify and protect mineral aggregate resources for long term use

To ensure availability of mineral aggregate resources as close to markets as possible

To ensure that extraction is undertaken in a manner which minimizes social, economic, and environmental impacts

To protect mineral aggregate operations from development and activities that would preclude or hinder their expansion or continued use

To ensure that progressive and final rehabilitation in accordance with the Aggregate Resources Act will: accommodate subsequent land uses, promote land use compatibility, recognize the interim nature of extraction, and mitigate negative impacts to the extent possible

Proposed Policies

The following policies are those which are being considered for the new Township of Adjala-Tosorontio Official Plan. They have been developed through:

  • Reviewing existing Official Plan policies and updating them to comply with new provincial and county policy requirements
  • Input received from council, the public, agencies, and municipal staff

Policies that have been strictly mandated by the province or county appear in bold whereas those that have been municipally derived appear in plain text.

Protected Aggregate Resources Designation

Mineral aggregate resources shall be protected for long-term use and, where provincial information is available, deposits of mineral aggregate resources shall be identified. As much of the mineral aggregate resources as is realistically possible shall be made available as close to markets as possible. Demonstration of need for mineral aggregate resources, including any type of supply/demand analysis, shall not be required, notwithstanding the availability, designation or licensing for extraction of mineral aggregate resources locally or elsewhere. (PPS 2.5.1 & 2.5.2.1 & County of Simcoe Official Plan 4.4.2)

Licensed mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. (PPS 2.5.2.4 & County of Simcoe Official Plan 4.4.3)

Location and Definition

The Protected Aggregate Resources overlay designation includes areas of primary or secondary aggregate resources as shown on Schedules X to X of this Plan, that are to be protected for long-term use. (Township Official Plan 4.8.1.2)

Permitted Uses

In areas adjacent to or in lands included in the Protected Aggregate Resource overlay designation as shown on Schedule X, development for alternate land uses in accordance with other polices of this Plan may be permitted where: it would not preclude or hinder the establishment of new operations or access to the resources; utilization of the resource is not feasible because of natural physical or existing man-made constraints; or the proposal serves a greater long-term public interest; and, provided any issues of public health, public safety and environmental impact are addressed. (PPS 2.5.2.5 & County of Simcoe 4.4.4)

Suitable uses in areas of high aggregate potential include those related to other resources found in the area such as agriculture, forestry operations, and other resource-related developments, as well as public utility installations, if their siting does not preclude or hinder aggregate development. (PPS 2.5.2.5 & County of Simcoe 4.4.4)

Existing mineral aggregate operations shall be permitted to continue without the need for official plan amendment, rezoning or development permit under the Planning Act. (PPS 2.5.2.5 & County of Simcoe 4.4.4)

Licensed Pit Designation

Location and Definition

The Licensed Pit designation includes lands that are licensed under the Aggregate Resources Act as shown on Schedules X to X of this Plan. (Township Official Plan 4.8.1.1)

Permitted Uses

Licenced mineral aggregate operations in accordance with approved site plans.

Concrete plants are permitted as an accessory use to a licensed mineral aggregate operation in the Licensed Pit designation on a property with a minimum lot area of 20 hectares, subject to the following:

(a) the concrete plant is a non-permanent use and will cease to operate as part of the rehabilitation of the site and surrender of license under the Aggregate Resources Act;

(b) the site must be located on and have direct access to a paved road;

(c) The Township is satisfied that the location proposed is appropriate, that the natural environment and adjacent properties will not be negatively impacted by any dust, noise or vibrations, that the quality and quantity of the water source for surrounding properties will not be negatively impacted, and that appropriate screening is provided (Township Official Plan 4.8.2.1 & 4.8.10)

Mineral Aggregate Resources and Development Policies

Applications for New Mineral Aggregate Operations and Development

An amendment to this Plan is required to permit the development of new or expanded mineral aggregate operations in accordance with the Aggregate Resources Act.

An application to amend the Official Plan to allow an new aggregate development shall meet the following requirements:

(a) The proposed use must be compatible with the adjoining agricultural operations and existing residential land uses and that the applicant must demonstrate that they have established the necessary measures required to mitigate any negative impacts;

(b) That consideration is given to the proposed haul routes, including the standard of construction and traffic volume in regard to compatibility with road traffic and communities;

(c) That the proposed development will not impact on the natural environment including the quality and quantity of ground and surface water; and

(d) That the proposal can meet all of the requirements of the Township, Ministry of Natural Resources, Conservation Authorities, Ministry of Environment and Climate Change and any other applicable government agency. (Township Official Plan 4.8.4.2)

(e) That the proposed extractive operation will generally be restricted to areas that can be effectively screened from public view in order to preserve the scenic beauty and the rural nature of the environment or that can be effectively screened by berms and/or other landscaping measures from adjoining residential uses or adjacent public roads.

Council may require the submission of studies paid for by the applicant and prepared by qualified professionals addressing all requirements of the official plan including:

  • The preservation of the character of the environment;
  • The traffic volume on local roads;
  • Any possible effect on the water table or surface drainage pattern;
  • The nature and location of other land uses that could be affected by the pit or quarry operation; and
  • The character, location and size of nearby communities.

The proposed extractive operation(s) and/or wayside pit(s) shall minimize the impact on the ecological functions and hydrological features for lands located on the Oak Ridges Moraine. (Township Official Plan 4.8.5.1)

Mineral aggregate operations shall minimize impacts to adjacent or nearby uses by reason of dust, noise, effects on water table and quantity or other effects from mining activities or transportation of aggregates. (PPS 2.5.2.2 & County of Simcoe Official Plan 4.4.6)

New mineral aggregate operations shall be located according to the following criteria:

(i) Shall not be located in significant wetlands or significant coastal wetlands;

(ii) Shall not be permitted in significant woodlands, unless the woodland is occupied by young plantation or early successional habitat, as defined by the Province (Proposed Growth Plan 4.2.8.3)

(iii) Shall not be located in significant valleylands, significant wildlife habitat, significant areas of natural and scientific interest, and coastal wetlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions;

(iii) Shall not be permitted in fish habitat except in accordance with provincial and federal requirements;

(iv) Shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements;

(v) Shall not be permitted on adjacent lands to the natural heritage features and areas identified above unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions; and

(vii) Within the Oak Ridges Moraine Conservation Plan area, shall be permitted in the Natural Linkage Area and Countryside Area Designations identified on Schedule X, and be subject to the policies of Section X and the provisions of the Oak Ridges Moraine Conservation Plan.

In assessing negative impact, proposed mitigation measures, rehabilitation and ecological enhancements, if any, shall be considered. (County of Simcoe Official Plan 4.4.1)

Within the Oak Ridges Moraine Conservation Plan area, existing and new mineral aggregate operations and wayside pits shall comply with the provisions of the Oak Ridges Moraine Conservation Plan, particularly Sections 35 and 36. (County of Simcoe Official Plan 4.4.13) Lands currently used for mineral aggregate operations located on the Oak Ridges Moraine in the Natural Core Area designation are not permitted to expand beyond the boundary of the area under license or permit.

New Mineral Aggregate Operations Shall Require a Zoning Amendment

An amendment to the Zoning By-law is required to permit the development of new or expanded mineral aggregate operations in accordance with the Aggregate Resources Act. Prior to passing an amendment to the zoning by-law, the Township shall require submission of a site plan and rehabilitation plan in accordance with the Aggregate Resources Act. (Township Official Plan 4.8.5.2)

Mineral Aggregate Conservation and Recycling

The Township encourages and supports the conservation of mineral aggregate resources, including:

a) the recovery and recycling of manufactured materials derived from mineral aggregate resources for reuse in construction, manufacturing, industrial or maintenance projects as a substitute for new mineral aggregate resources; and

b) the wise use of mineral aggregate resources, including utilization or extraction of on-site mineral aggregate resources prior to development occurring. (Proposed Growth Plan 4.2.8.2)

Mineral aggregate resource conservation shall be undertaken, including through the use of accessory aggregate recycling facilities within operations, wherever feasible. (PPS 2.5.2.3)

Site Plan Revisions

Any subsequent proposed changes to the site plan after the license has been issued may be circulated by the Ministry of Natural Resources to the Township for comment. The Ministry may discuss these comments with the Township prior to approval being granted. (Township Official Plan 4.8.8.1)

Rehabilitation

Progressive and final rehabilitation shall be required to accommodate subsequent land uses, to promote land use compatibility, to recognize the interim nature of extraction, and to mitigate negative impacts to the extent possible. Final rehabilitation shall take surrounding land use and approved land use designations into consideration. (PPS 2.5.3.1 & County of Simcoe Official Plan 4.4.7)

Comprehensive rehabilitation planning is encouraged where there is a concentration of mineral aggregate operations. (PPS 2.5.3.2)

When operators are undertaking rehabilitation of mineral aggregate operation sites, the following apply:

a) the disturbed area of a site will be rehabilitated to a state of equal or greater ecological value and, for the entire site, long-term ecological integrity will be maintained or restored and, to the extent possible, improved;

b) if there are key hydrologic features or key natural heritage features on the site, or if such features existed on the site at the time of the application:

i. the health, diversity and size of these key hydrologic features and key natural heritage features will be maintained, restored or, where possible, enhanced; and

ii. any permitted extraction of mineral aggregate resources that occurs in a feature will be completed, and the area will be rehabilitated, as early as possible in the life of the operation.

c) aquatic areas remaining after extraction are to be rehabilitated to aquatic enhancement, which shall be representative of the natural ecosystem in that particular setting or ecodistrict, and the combined terrestrial and aquatic rehabilitation shall meet the intent of policy b) above; and

d) outside the natural heritage system identified by the Province, and except as provided in policies a), b) and c) above, final rehabilitation will appropriately reflect the long-term land use of the general area, taking into account applicable policies of this Plan and, to the extent permitted under this Plan, existing municipal and provincial policies. In prime agricultural areas, on prime agricultural lands, the site will be rehabilitated back to an agricultural condition, in accordance with policy 2.5.4 of the PPS, 2014. (Proposed Growth Plan 4.2.8.5)

Final rehabilitation for new mineral aggregate operations in the natural heritage system identified by the Province will meet these additional criteria:

a) where there is no underwater extraction, an amount of land equal to that under natural vegetated cover prior to extraction, and no less than 35 per cent of the land subject to each license in the natural heritage system, is to be rehabilitated to forest cover, which shall be representative of the natural ecosystem in that particular setting or ecodistrict;

b) where there is underwater extraction, no less than 35 per cent of the non-aquatic portion of the land subject to each license in the natural heritage system is to be rehabilitated to forest cover, which shall be representative of the natural ecosystem in that particular setting or ecodistrict; and

c) rehabilitation will be implemented so that the connectivity of the key hydrologic features and the key natural heritage features on the site and on adjacent lands will be maintained or restored and, to the extent possible, improved. (Proposed Growth Plan 4.2.8.6)

Extraction in Prime Agricultural Areas

In prime agricultural areas, applications for new mineral aggregate operations will be supported by an agricultural impact assessment and, where possible, will seek to maintain or improve connectivity of the agricultural system. (Proposed Growth Plan 4.2.8.4)

In prime agricultural areas, on prime agricultural land, extraction of mineral aggregate resources is permitted as an interim use provided that the site will be rehabilitated back to an agricultural condition whereby substantially the same areas and same average soil quality for agriculture are restored. On these prime agricultural lands, complete rehabilitation to an agricultural condition is not required if:

(a) there is a substantial quantity of mineral aggregate resources below the water table warranting extraction, or;

(b) the depth of planned extraction in a quarry makes restoration of pre-extraction agricultural capability unfeasible;

(c) other alternatives have been considered by the applicant and found unsuitable. The consideration of other alternatives shall include resources in areas of Canada Land Inventory Class 4 through 7 lands, resources on lands identified as designated growth areas, and resources on prime agricultural lands where rehabilitation is feasible. Where no other alternatives are found, prime agricultural lands shall be protected in this order of priority: specialty crop areas, Canada Land Inventory Class 1, 2 and 3 lands; and

(d) agricultural rehabilitation in remaining areas is maximized. (PPS 2.5.4.1 & County of Simcoe 4.4.11)

Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete Plants

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 land use designations, except in the Greenlands designation and Environmental Protection designation which are subject to Section X. Progressive rehabilitation to their prior capability as natural heritage or agriculture, if applicable, should be achieved. Notwithstanding the above, within the area of the Oak Ridges Moraine Conservation Plan, mineral aggregate operations and wayside pits are permitted in the Natural Linkage Area and

Countryside Areas designations as shown on Schedule X. Portable asphalt plants within areas licensed under the Aggregate Resources Act are also permitted in these designations. (PPS 2.5.5.1 & County of Simcoe Official Plan 4.4.9)

Proposed Definitions

Areas of mineral potential: means areas favourable to the discovery of mineral deposits due to geology, the presence of known mineral deposits or other technical evidence. Areas of mineral potential are identified using accepted scientific methodology. (PPS, 2014 & County of Simcoe OP)

Comprehensive rehabilitation: means rehabilitation of land from which mineral aggregate resources have been extracted that is coordinated and complementary, to the extent possible, with the rehabilitation of other sites in an area where there is a high concentration of mineral aggregate operations. (PPS, 2014)

Deposits of mineral aggregate resources: means an area of identified mineral aggregate resources, as delineated in Aggregate Resource Inventory Papers or comprehensive studies prepared using evaluation procedures established by the Province for surficial and bedrock resources, as amended from time to time, that has a sufficient quantity and quality to warrant present or future extraction. (PPS, 2014)

Mineral aggregate operation: means a) lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act; 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. (PPS, 2014 & County of Simcoe OP)

Mineral aggregate resource conservation: means a) the recovery and recycling of manufactured materials derived from mineral aggregates (e.g. glass, porcelain, brick, concrete, asphalt, slag, etc.), for re-use in construction, manufacturing, industrial or maintenance projects as a substitute for new mineral aggregates; and b) the wise use of mineral aggregates including utilization or extraction of on-site mineral aggregate resources prior to development occurring. (PPS, 2014)

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. (PPS, 2014 & County of Simcoe OP)

Mineral deposits: means areas of identified minerals that have sufficient quantity and quality based on specific geological evidence to warrant present or future extraction. (PPS, 2014 & County of Simcoe OP)

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. (PPS, 2014)

Minerals: means metallic minerals and nonmetallic 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). (PPS, 2014 & County of Simcoe OP)

Agriculture Policy Paper

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Download the Agriculture Policy Paper.

Background

Agricultural land use planning is vital to the economic, social, and environmental sustainability of Ontario. Rural and agricultural communities provide a high quality of life and support Ontario’s economy. The agricultural and rural character of the Township – which is characterized by an open, natural and agricultural landscape rather than one dominated by human-made structures and landscaping – is highly valued by the community. Building upon this rural and agricultural character supports a healthy, integrated, and viable rural area. The Township’s Agricultural area is an area in which the predominant constraint to development is the need to protect the prime agricultural land base. The natural, open countryside is maintained by protecting agricultural and other resource-related uses and directing non-related development to areas where it will minimize constraints on these uses.

The growing population in Ontario, combined with changing farming realities, has contributed to an evolving agricultural industry. There is more demand for agricultural products and innovation in how food is produced than ever before. There is also an increased role for technology in agriculture, larger consolidated farm operations, farm income diversification, and a burgeoning interest in local and organic foods. At the same time, productive farm land is threatened by incompatible development and land uses. Application of guidelines such as the Minimum Distance Separation Formulae helps to reduce conflicts between agricultural and non-agricultural land uses.

Prime agricultural lands are, in order of priority for protection, speciality crop areas, and Canada Land Class Inventory Class 1, 2, and 3 lands. Prime agricultural areas are areas where prime agricultural lands predominate, and includes associated Canada Land Inventory Class 4 through 7 lands, and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture. These lands are the basis for a significant economic engine in rural communities, which: produces local foods and products for export, supports employment opportunities, and contributes to unique agri-tourism opportunities. Prime agricultural areas must be designated in Official Plans. The PPS provides direction on: (1) permitted uses in prime agricultural areas, (2) lot creation and lot adjustment, (3) removal of land from prime agricultural areas, and (4) non-agricultural uses in prime agricultural areas to ensure that prime agricultural areas are protected. The Township’s Agricultural land use designation identifies the prime agricultural areas in the Township and provides policies to protect these valuable lands.

The PPS promotes the provision of opportunities for economic activities in prime agricultural areas, and the diversification of the economic base through goods and services, including value-added products and the sustainable management or use of resources. Agricultural uses, agriculture-related uses, on-farm diversified uses and

normal farm practices should be promoted and protected in accordance with provincial standards. The PPS further protects agricultural uses by directing non-related development to areas where it will minimize constraints on these uses.

Ensuring the profitability of farms while preserving the environment is a significant challenge faced when it comes to sustainable agriculture. New technologies in the agricultural industry are changing the way we farm in Ontario. Technological advancements such as computer-controlled sowing, watering, fertilising and harvesting operations can contribute to more controlled operations for producing reliable products, reduced water use, and crops that are more resistant to the challenges presented by nature.

Other levels of government are interested in supporting an innovative, competitive agricultural and agri-food sector. Under the umbrella of the Agriculture and Agri-Food Canada, federal, provincial and territorial governments (FPT) are currently working together to develop the next agricultural policy framework to support the agriculture and agri-food sector, proposed to be launched on April 1, 2018. The goal of the next agricultural policy framework is to: “enhance the agricultural sector’s ability to compete, innovate, capture new opportunities, cultivate public trust, respond to new consumer demands and grow sustainably” (Calgary Statement, 2016). Unlike the provincial planning polices, this FPT policy framework is aimed at broadly supporting the economic sector rather than directing land uses. Still, programs and partnerships such as this demonstrate a shared interest at the local, Provincial, and Federal levels for protecting agricultural land uses in the long term.

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.

To protect prime agricultural areas for long-term use for agriculture and support a diversified rural economy

To prioritise specialty crop areas, and Canada Land Inventory Class 1, 2, and 3 lands for protection, in that order of priority for protection

To protect and enhance the rural and agricultural character of the Township

Proposed Policies

The following policies are those which are being considered for the new Township of Adjala-Tosorontio Official Plan. They have been developed through:

  • Reviewing existing Official Plan policies and updating them to comply with new provincial and county policy requirements
  • Input received from council, the public, agencies, and municipal staff

Policies that have been strictly mandated by the province or county appear in bold whereas those that have been municipally derived appear in plain text.

Location and Definition

Lands designated Agricultural are identified on Schedules X to X and X to X to this Plan. In addition to Section X, lands used for Agricultural purposes which are located on the Oak Ridges Moraine are also subject to Section X of this Plan. (Township OP 4.3.1.1)

Lands designated Agricultural generally include prime agricultural areas, including areas of prime agricultural lands and associated Canada Land Inventory Class 4 through 7 lands, and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture (PPS 2.3.2 & PPS definition: Prime Agricultural Area)

The boundaries between the Agricultural and Rural designations on Schedules X to X tend to follow property lines and defined natural and man-made features. As such, there are instances where the actual boundary between prime agricultural lands and other lands is approximate. The boundary between the Agricultural and Rural designations may be adjusted so that the lands may develop in accordance with the Rural policies in Section X of this Plan without an Official Plan Amendment. (Township OP 4.3.2.2)

In addition to this Section, applications for development and site alteration for lands used for agricultural purposes located on the Oak Ridges Moraine shall be subject to the policies outlined in Section X of this Plan. (Township OP 4.3.3.6)

Principles

The long term preservation and maintenance of the prime agricultural areas in the Township is a basic principle of this Plan and is a matter of Provincial interest. (Township OP 4.3.2.1)

Specialty crop areas are given the highest priority for protection followed by Classes 1, 2 and 3 soils and any associated Class 4 through 7 lands within the prime agricultural area, in this order of priority. (Township OP 4.3.1.3 & PPS 2.3.1)

Farmers are encouraged to employ sound farm practices in their farm operations. Council shall support the farmers’ “right-to-farm” in dealing with any complaints made by neighbours related to noise, odour, dust, light, vibration, smoke or flies if normal farm practices are used, as described under the Farming and Food Protection Act, S.O. 1998. (Township OP 4.3.2.4)

Development in prime agricultural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system and cultural features. (County of Simcoe Official Plan 3.6.10)

The province intends to identify an agricultural system for the Greater Golden Horseshoe. The Township is encouraged to implement strategies and other approaches to sustain and enhance the agricultural system and the long-term economic prosperity and viability of the agri-food sector, including the maintenance and improvement of the agricultural support network by:

a) providing opportunities to support local food, urban and near-urban agriculture, and promoting the sustainability of agricultural, agri-food and agri-product businesses through protecting agricultural resources and minimizing land use conflicts;

b) considering the agricultural support network in planning decisions to protect or enhance critical agricultural assets. Where negative impacts on the agricultural system are unavoidable, they will be assessed and mitigated to the extent feasible;

c) undertaking long-term planning for agriculture, integrating agricultural economic development, infrastructure, goods movement and freight considerations with land use planning;

d) preparing regional agri-food strategies or establishing or consulting with agricultural advisory committees or liaison officers; and

e) maintaining, improving and providing opportunities for agriculture-supportive infrastructure both on and off farms. (Proposed Growth Plan 4.6.2.1)

Permitted Uses

In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture-related uses, on-farm diversified uses, natural heritage conservation and forestry, mineral aggregate operation subject to the policies of Section X, and agricultural produce sales outlets generally marketing production from the local area. Proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches, as set out by the Township, which achieve the same objectives. (PPS 2.3.3.1 & County of Simcoe 3.6.6)

In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. (PPS 2.3.3.2 & County of Simcoe 3.6.5)

New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. (PPS 2.3.3.3)

Agricultural Uses

(a) the growing of crops, including nursery, biomass, and horticultural crops;

(b) raising of livestock;

(c) raising of other animals for food, fur or fibre, including poultry and fish;

(d) aquaculture;

(e) apiaries;

(f) agro-forestry;

(g) maple syrup production;

(h) associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment.

Agriculture-related Uses

Farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity.

On-Farm Diversified Uses

Uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to:

(a) home occupations,

(b) home industries,

(c) agri-tourism uses, and

(d) uses that produce value-added agricultural products.

Non-agricultural Uses

The Township may only permit non-agricultural uses in prime agricultural areas for:

(a) extraction of minerals, petroleum resources and mineral aggregate resources, in accordance with policies X and X; or

(b) limited non-residential uses, provided that all of the following are demonstrated:

1. the land does not comprise a specialty crop area; (PPS 2.3.6.1)

2. the proposed use complies with the minimum distance separation formulae; (PPS 2.3.6.1)

3. there is an identified need within the planning horizon for additional land to be designated to accommodate the proposed use; (PPS 2.3.6.1) and

4. alternative locations have been evaluated, (PPS 2.3.6.1) and

i. there are no reasonable alternative locations which avoid prime agricultural areas; and

ii. there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. (PPS 2.3.6.1)

5. the proposed use requires minimal site alteration, as determined through pre-consultation with the local municipality and the approval authority; (County of Simcoe Official Plan 3.6.12.5)

6. the proposed use shall be compatible with the surrounding agricultural uses or in a location that is separated from the primary agricultural operations by physical features and demonstrated to cause minimal disruption to surrounding area; (County of Simcoe Official Plan 3.6.12.6)

7. the proposed use will not be located in an area that may have an impact on the efficient and logical expansion of nearby settlement areas; (County of Simcoe Official Plan 3.6.12.7)

8. the proposed use complies with all other applicable provisions of this Plan; (County of Simcoe Official Plan 3.6.12.8) and

9. applications for non-agricultural uses must be supported by adequate technical assessment to ensure that appropriate services for the proposed use can be provided. (County of Simcoe Official Plan 3.6.12.9)

Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands are to be mitigated to the extent feasible. The Township shall utilize site plan control to regulate the impact of non-agricultural uses in prime agricultural areas. (PPS 2.3.6.2 & County of Simcoe Official Plan 3.6.12.9)

Accessory Uses

Accessory uses permitted in conjunction with a principal agricultural use may include:

(a) A single detached residential dwelling;

(b) Temporary residential accommodation for farm help employed full time in the farming operation provided that such accommodation is an integral part of the farm operation, cannot be severed and the size and nature of the operation requires additional employment;

(c) A second detached dwelling may be established on a farm subject to the availability of access to a public road in accordance with Township and County policies and by-laws, and the provision of adequate water and wastewater systems. Second detached dwellings, where permitted, should be located in the farm building cluster and subsequent consents to create separate lots for the two dwellings are expressly prohibited;

(d) Storage facilities for agricultural products, greenhouses and seasonal home grown produce stands;

(e) Uses that produce value-added agricultural products from the farm operation on the property;

(f) Agricultural repair facilities;

(g) Small scale home occupations in farm dwellings;

(h) Small scale home industries in separate buildings;

(i) Bed and breakfast establishments and rooming or boarding houses; and

(j) Animal hospitals, veterinary offices and dog kennels. (Township OP 4.3.3.3)

Large scale commercial, institutional, industrial or private recreational uses, including firearm ranges, golf courses and commercial truck or bus storage and repair facilities, are not permitted in the agricultural designation.

Lot Creation and Lot Adjustment

Lot creation in prime agricultural 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 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; (PPS 2.3.4.1 & County of Simcoe Official Plan 3.6.8)

(c) a residence surplus to a farming operation as a result of farm consolidation, provided that:

1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and

2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; (PPS 2.3.4.1) and

(d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. (PPS 2.3.4.1)

In addition this section, lot creation and lot adjustments proposed for lands within the Oak Ridges Moraine located on Schedules X to X shall be subject to the policies outlined in Section X of this Plan (Township OP 4.3.4.2)

Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. (PPS 2.3.4.2 & Township OP 4.3.4.8)

Lot creation in prime agricultural areas will not be permitted where the new lot will have adverse effects on agricultural operations. (Township OP 4.3.4.5)

The creation of new lots for non-agricultural purposes will generally not be permitted in the agricultural designation, except for severance from each other of two or more rural lots that have merged on title where such severance shall follow the original lot lines and original half lot lines (Township OP 4.3.4.1.b)

Proposed Definitions

Agricultural condition: means

a) in regard to specialty crop areas, a condition in which substantially the same areas and same average soil capability for agriculture are restored, the same range and productivity of specialty crops common in the area can be achieved, and, where applicable, the microclimate on which the site and surrounding area may be dependent for specialty crop production will be maintained or restored; and

b) in regard to prime agricultural land outside of specialty crop areas, a condition in which substantially the same areas and same average soil capability for agriculture are restored. (PPS 2014)

Agricultural Impact Assessment: A study that evaluates the potential impacts of non-agricultural development on agricultural operations and the agricultural system and recommends ways to avoid or, if avoidance is not possible, minimize and mitigate adverse impacts. (Proposed Growth Plan 2016)

Agricultural support network: A network that is part of the agricultural system and includes elements important to the viability of the agri-food sector such as: regional agricultural infrastructure and transportation networks, on-farm buildings and infrastructure, agricultural services, farm markets, distributors and first-level processing, and vibrant, agriculture-supportive communities. (Proposed Growth Plan 2016)

Agricultural system: A group of inter-connected elements that collectively create a viable, thriving agricultural sector. It has two components: 1. An agricultural land base comprised of prime agricultural areas, including specialty crop areas and rural lands that together create a continuous productive land base for agriculture; 2. An agricultural support network which includes infrastructure, services and agri-food assets important to the viability of the sector. (Proposed Growth Plan 2016)

Agricultural uses: The growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. (PPS, 2014)

Agriculture-related uses: means those farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. (PPS 2014)

Agri-tourism uses: means those farm-related tourism uses, including limited accommodation, such as a farm vacation home or bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. (PPS 2014)

Agro-forestry: means the growing of trees for nursery stock, Christmas trees and managed woodlots for forestry products.

Minimum Distance Separation Formulae: means formulae and guidelines developed by the Province, as amended from time to time, to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. (PPS, 2014)

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. (PPS 2014)

On-farm diversified uses: means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. (PPS 2014)

Prime agricultural area: 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. (PPS 2014)

Prime agricultural land: means specialty crop areas and/or Canada Land Inventory Class 1, 2, and 3 lands, as amended from time to time, in this order of priority for protection. (PPS 2014)

Processing of agricultural products: where it is permitted in Prime Agricultural Areas or Rural Areas are those agriculture-related uses, which do not require additional water and sewer servicing, such as the initial cleaning, culling, storing, or packaging of products produced on the farm or in conjunction with farms in the vicinity which produce the same agricultural products, in preparation for shipment to food processing establishments or market. (County of Simcoe Official Plan)

Rural areas: means a system of lands within municipalities that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and resource areas. (PPS 2014)

Rural lands: means lands which are located outside settlement areas and which are outside prime agricultural areas. (PPS 2014)

Specialty crop area: Areas designated using guidelines established by the Province, as amended from time to time. In these areas, specialty crops are predominantly grown such as tender fruits (peaches, cherries, plums), grapes, other fruit crops, vegetable crops, greenhouse crops, and crops from agriculturally developed organic soil usually resulting from: a) soils that have suitability to produce specialty crops, or lands that are subject to special climatic conditions, or a combination of both; b) farmers skilled specialty crops; and c) a long-term investment of capital in areas such as crops, drainage, infrastructure and related facilities and services to produce, store, or process specialty crops. (PPS, 2014)

Climate Change Policy Paper

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Background

Planning for climate change mitigation and adaptation can reduce the risks and impacts of climate change on communities, businesses, crops, and infrastructure. The United Nations Framework Convention on Climate Change defines climate change in Article 1 as “a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods”.

The province has identified climate change as a priority, and it released its Ontario Climate Change Strategy in 2015 and Ontario Climate Change Action Plan in 2016. The province provides policy direction regarding consideration of the impacts of climate change on infrastructure and land use patterns.

At the Township level, the impacts of climate change are already apparent, including changes to precipitation and temperature patterns, changes in air quality, increased flooding, and erosion. Risks to human health and property are becoming more prominent as uncertainty grows surrounding climate conditions in the short term and long term.

Municipalities have a key role to play in climate change mitigation and adaptation, by directing land use in the built and natural environment to support development of efficient, compact, sustainable communities. New planning policies are required to address climate change mitigation and adaptation which: consider the role and value of natural systems, support energy conservation/efficiency, improve air quality, reduce greenhouse gas emissions, and contribute to public health and safety objectives.

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 Tonwship staff.

To consider the impacts of climate change on development and land use patterns, and new or expanded infrastructure.

To promote development forms and patterns which support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and climate change adaptation.

To support achievement of complete communities that mitigate climate change impacts, build resilience, reduce greenhouse gas emissions and contribute towards the achievement of net zero communities; and integrate green infrastructure and low impact development

To enable the use of alternative transportation modes in and between residential, employment, commercial, and other land uses.

To work with the province and the county, where feasible and desirable, to support implementation of Ontario’s Climate Change Strategy and Ontario’s Climate Change Action Plan

Proposed Policies

The following policies are those which are being considered for the new Township of Adjala-Tosorontio Official Plan. They have been developed through:

  • Reviewing existing Official Plan policies and updating them to comply with new provincial and county policy requirements
  • Input received from council, the public, agencies, and Tonwship staff

Policies that have been strictly mandated by the province or county appear in bold whereas those that have been municipally derived appear in plain text.

 

The Township shall consider potential impacts of climate change that may increase the risk associated with natural hazards. (PPS 3.1.3)

Energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and climate change adaptation shall be supported through land use and development patterns which:

  • promote compact form and a structure of nodes and corridors;
  • promote the use of active transportation in and between residential, employment and institutional uses and other areas;
  • improve the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion;
  • promote design and orientation which: maximizes energy efficiency and conservation, and considers the mitigating effects of vegetation; and maximizes opportunities for the use of renewable energy systems and alternative energy systems; and
  • maximize vegetation within settlement areas, where feasible. (PPS 1.8.1)

Development and land use patterns that conserve biodiversity, consider the ecological benefits provided by nature, and consider the impacts of a changing climate, should be promoted. (PPS 1.1.1.h) & (PPS 1.7.1)

Land use patterns in settlement areas shall be based on densities and a mix of land uses which minimize negative impacts to air quality and climate change, and promote energy efficiency (PPS 1.1.3.2)

Infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be provided in a coordinated, efficient and cost-effective manner that considers impacts from climate change while accommodating projected needs (PPS 1.6.1)

The Township will plan for new or expanded infrastructure in an integrated manner, supported by infrastructure master plans, asset management plans, community energy plans, watershed planning, environmental assessments and other relevant studies where appropriate. The impacts of a changing climate should be considered. (Growth Plan 2016 3.2.1.2.d)

As part of municipal asset management, the Township will assess infrastructure vulnerability and identify priority actions and investments to increase infrastructure resilience and adapt to a changing climate (Growth Plan 2016 3.2.1.4)

The Township shall promote the use of green infrastructure to compliment infrastructure (PPS 1.6.2)

The potential impacts of climate change that may increase the risk associated with natural hazards shall be considered (PPS 3.1.3 & County OP 4.5.13)

The Township encourages:

(a) development of strategies to reduce greenhouse gas emissions and to improve resilience to climate change through land use planning, planning for infrastructure, and conservation of water and energy, air quality improvement, and integrated waste management approaches; (Growth Plan 2016 4.2.10)

(b) development of greenhouse gas inventories for transportation, buildings, waste management and municipal operations; (Growth Plan 2016 4.2.10)

(c) establishment of municipal interim and long-term greenhouse gas emission reduction targets that support provincial targets and reflect consideration of the goal of net-zero communities, and monitor and report on progress made towards the achievement of these targets. This may be achieved through development of Community Energy Plans and Climate Action Plans with greenhouse gas pollution inventories (Growth Plan 2016 4.2.10 & Ontario Climate Change Action Plan 2.2)

(d) reduction of greenhouse gas pollution and improvement of public health by working with the province, where feasible and desirable, to implement the province’s objectives for improved commuter cycling networks and facilities, having regard for the Ontario Climate Change Action Plan (Ontario Climate Change Action Plan 3.1)

The Township may require electric vehicle charging stations in surface lots, which for the purposes of this policy, may be defined as any dedicated, paved vehicle parking facilities which are at-grade and not within a parking structure (Ontario Climate Change Action Plan 1.1.1)

The Township may adopt green development standards, by by-law, related to green standards in areas other than building construction (Ontario Climate Change Action Plan 1.1.2)

The Township may consider eliminating or reducing minimum parking requirements (Ontario Climate Change Action Plan 1.4)

Proposed Definitions

Green infrastructure: means natural and humanmade elements that provide ecological and hydrological functions and processes. Green infrastructure can include components such as natural heritage features and systems, parklands, stormwater management systems, street trees, urban forests, natural channels, permeable surfaces, and green roofs. (PPS, 2014)

Alternative Energy System: A system that uses sources of energy or energy conversion processes to produce power, heat and/or cooling that significantly reduces the amount of harmful emissions to the environment (air, earth and water) when compared to conventional energy systems. (PPS, 2014)

Low Impact Development: An approach to stormwater management that seeks to manage rain and other precipitation as close as possible to where it falls in order to mitigate the impacts of increased runoff and stormwater pollution. It comprises a set of site design strategies and distributed, small scale structural practices to mimic the natural hydrology to the greatest extent possible through infiltration, evapotranspiration, harvesting, filtration and detention of stormwater. Low impact development can include: bio-swales, permeable pavement, rain gardens, green roofs and exfiltration systems. Low impact development often employs vegetation and soil in its design, however, that does not always have to be the case. (Proposed Growth Plan, 2016)

Net-Zero Communities: Communities that meet their energy demand through low-carbon or carbon-free forms of energy and offset, preferably locally, and releases of greenhouse gas emissions that cannot be eliminated. Net-zero communities include a higher density built form, and mixed-use development patterns that ensure energy efficiency, reduce distances travelled, and improve integration with transit, energy, water and wastewater systems. (Proposed Growth Plan, 2016)

Renewable Energy System: A system that generates electricity, heat and/or cooling from a renewable energy source. For the purposes of this definition: a renewable energy source is an energy source that is renewed by natural processes and includes wind, water, biomass, biogas, biofuel, solar energy, geothermal energy and tidal forces. (PPS, 2014).

Community Improvement Policy Paper

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Background

In many Ontario municipalities, there are neighbourhoods and areas which require additional support to kick-start revitalization and redevelopment. Community Improvement Plans (CIPs) and policies are tools that municipalities can use to plan and finance development activities which reuse, revitalize, and restore lands, buildings, and infrastructure.

Section 106 of the Municipal Act typically prohibits municipalities from assisting businesses in development or redevelopment projects through restrictions on: lending money or property, guaranteeing borrowing, leasing/selling municipal property below market value, or granting partial or total exemptions from levies/fees; however, the Municipal Act provides an exception in section 106 so municipalities can exercise powers under section 28 of the Planning Act, as long as their official plan contains policies enabling this.

Section 28 of the Planning Act enables municipalities to designate a Community Improvement Project Area (CIPA) and prepare a CIP. Affordable housing is considered to fit within the definition of community improvement. When a municipality passes a by-law to designate a CIPA under subsection 2, council may provide for the preparation of the CIP. The township may acquire land within the CIPA, hold land acquired within the CIPA, and clear, grade, or otherwise prepare the land for community improvement. In carrying out a CIP, the township may construct, repair, rehabilitate, or improve buildings on lands it holds in the CIPA; it may also consider providing grants or incentives to property owners in the CIPA to cover eligible costs under the CIP.

CIPs can be used in innovative ways to enable intensification, community revitalization, brownfield remediation, energy-efficient/net-zero development, and age-friendly planning. CIPs can provide a combination of municipally-driven actions (e.g. municipal property acquisition, streetscape improvements) and incentive-based programs (e.g., commercial façade improvement grants, property tax assistance) to achieve community development goals.

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, OPA 15 (Everett Secondary Plan) and input received from council, the public, agencies, and Tonwship staff.

To enable the Township to designate, by by-law, a Community Improvement Project Area, and to provide for the subsequent preparation of a Community Improvement Plan pursuant to section 28 of the Planning Act

To safeguard the health, well-being, and social cohesion of Township residents and visitors by improving public service facilities, public spaces, recreation, parks, trails, open space, and active transportation facilities and services

To improve the Township’s built form by encouraging and/or participating in programs which rehabilitate or improve municipally owned infrastructure and facilities and by encouraging private property owners to upgrade the condition, attractiveness, and water/energy efficiency of their land and buildings (Township Official Plan 7.1.1)

To protect and improve the economic well-being of the Township and its residents by encouraging and/or participating in programs that will promote new jobs and new capital investment in the Township and the surrounding area (Township Official Plan 7.1.1)

To encourage the remediation and redevelopment of brownfields, greyfields or underutilized properties and/or buildings

To encourage the use of green development/design standards and support water conservation, energy conservation, air quality protection, integrated waste management, cultural heritage conservation, and sustainable soil management

Proposed Policies

The following policies are those which are being considered for the new Township of Adjala-Tosorontio Official Plan. They have been developed through:

  • Reviewing existing Official Plan policies and updating them to comply with new provincial and county policy requirements
  • Input received from council, the public, agencies, and Tonwship staff

The Provincial Policy Statement, provincial plans, and County of Simcoe Official Plan do not provide any direction or requirements for community improvement policies in lower-tier official plans. The community improvement policies being considered for the draft Township Official Plan are derived from the Planning Act and build upon existing Township policies.

Community Improvement

The Township shall attempt to use all possible means to implement community improvement, including:

(a) participation in federal and provincial community improvement programs,

(b) designation of community improvement project areas, preparation of community improvement plans, and acquisition and redevelopment of land in accordance with the Planning Act,

(c) cooperation with agencies, other levels of government, non-governmental organizations, businesses, and private landowners,

(d) encouragement of the rehabilitation of private buildings by advising private owners of government subsidies and programs and assisting, where possible, the private owners to obtain grants and loans

The Township will be satisfied that any community improvements or financial incentives are within the financial capability of the township

The Township will determine the priorities and phasing of: designation of community improvement project areas, preparation of community improvement plans within those areas, and carrying out community improvement plans. Consideration will be had for the following:

(a) Prioritising implementation of the improvements which will most substantially increase the safety, stability, and aesthetic quality of the community. (Township Official Plan 7.5.1.1), and

(b) Input received at advertised public meetings (Township Official Plan 7.5.1.2)

(c) Limiting disruption to the community, wherever possible (Township Official Plan 7.5.1.3)

(d) Attempting to maintain a sense of neighbourhood and the positive characteristics of residential areas where community improvement is being carried out (Township Official Plan 7.5.1.4)

Designation of Community Improvement Project Area

The Township may, by by-law, designate the whole or any part of an area of the township as a community improvement project area in accordance with section 28 of the Planning Act (Planning Act RSO 1990, c.P.13 s.28(2))

Community improvement project areas will be selected for designation on the basis of deficiencies related to one or more of the following criteria:

(a) The condition of buildings and property in selected community improvement project areas in relation to the Township’s Property Maintenance Standards by-law. (Township Official Plan 7.3.1.1)

(b) The condition and adequacy of municipal infrastructure, including but not limited to roads, sidewalks, water, sanitary sewers, storm sewers, street lighting, and public utilities (Township Official Plan 7.3.1.2)

(c) The condition and quality of streetscapes, including but not limited to curbs, sidewalks, street lighting, street trees, street furniture, street lighting, and active transportation facilities

(d) The condition and adequacy of public service facilities, public spaces, recreation, parks, trails, open space, and active transportation facilities and services (Township Official Plan 7.3.1.3)

(e) The condition and adequacy of housing, including the range and mix of housing types and densities, and affordable housing, and

(f) The energy efficiency or water efficiency of lands and/or buildings

The Township has identified the following areas for designation as Community Improvement Project Areas:

<<to be determined through public input>>

Main Street Everett

Community Improvement Plan

When a by-law has been passed to designate a community improvement project area, the council may provide for the preparation of a plan suitable for adoption as a community improvement plan for the community improvement project area in accordance with section 28 of the Planning Act (Planning Act RSO 1990, c.P.13 s.28(4))

Community Improvement Project Area: Main Street Mixed Use Area

i) Council may establish a Main Street Mixed Use Area as a Community Improvement Area.

ii) The Township may prepare a Community Improvement Plan under Section 28 of the Planning Act, RSO 1990, to encourage the development of a viable commercial core for the community and to encourage the rehabilitation and improvement of private lands and the upgrading of public infrastructure.

iii) In a Main Street Mixed Use Area, the following objectives shall apply:

  • Establish consistency in urban design and signage while recognizing the character of the existing built form;
  • create a well linked public space fronting to the street that presents an attractive image of Everett that reflects the heritage of the community;
  • create a core commercial area as a focus for the community;
  • nurture an active transportation/ pedestrian friendly and safe atmosphere; and,
  • facilitate the inclusion of small and medium food retailers, mobile healthy vendors, farmers markets, and other opportunities for promoting access to local foods (such as incubator kitchens).

iv) The Community Improvement Plan may provide for a variety of financial incentives to assist with implementation of the objectives, including, but not limited to: local infrastructure improvements, waiving of application fees, property tax increment grants, and other grants aimed at improving building facades and signage.

v) Future studies will provide additional details related to the “character” of development (including architectural design considerations, façade treatments, and preferred uses) and methods of encouraging businesses to develop.

Proposed Definitions

Community improvement: means the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary (Planning Act)

Community improvement plan: means a plan for the community improvement of a community improvement project area (Planning Act)

Community improvement project area: means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason (Planning Act)

Cultural Heritage Policy Paper

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Background

Culture and heritage contribute to quality of life, sense of place, and an understanding of our history. Heritage is not just old buildings. Long before European settlement began in southern Ontario, Indigenous communities have left behind archaeological remnants and cultural heritage landscapes. Indigenous communities continue to contribute to the rich cultural landscape in Ontario. Heritage also has a role to play in boosting local economies. Municipal cultural planning and culture-led economic development recognize the roles of creativity, culture, and quality of place in supporting local economies and attracting talent. The economic benefits of heritage conservation also include: investment opportunities, increased property values, and tourism growth.

The Planning Act and Ontario Heritage Act each provide a variety of tools to identify, protect, and promote heritage resources and conservation. Under the Planning Act, municipalities can adopt official plan objectives, policies, and approval processes to support heritage conservation, and employ planning tools including: demolition control by-laws, interim control by-laws, subdivision development agreements, and financial incentives (e.g. community improvement plans). Under the Ontario Heritage Act, tools are available to municipalities, including: heritage property or district listing and designation, heritage conservation easements, heritage conservation district plans, architectural design guidelines, enabling establishment of a municipal heritage committee, and provision of grants/loans to private property owners for heritage conservation. Conservation of heritage resources is not optional; however, the use of planning tools to promote conservation of heritage resources is at the discretion of the municipality.

The PPS requires that significant built heritage resources and significant cultural heritage landscapes shall be conserved. Under the Proposed Growth Plan for the Greater Golden Horseshoe, heritage resources “will be conserved” to meet new objectives regarding sense of place and community benefit. The County Official Plan provides policies for conservation of heritage resources in accordance with provincial plans and the Ontario Heritage Act (OHA). The county’s official plan policies require implementation of cultural heritage policies in local official plans, including policies for development and maintenance of municipal heritage registers.

In 2005, the OHA was strengthened to provide municipalities with enhanced tools for conserving cultural heritage and archaeological resources. Identification, protection, and promotion are the underlying principles of the OHA. The OHA provides a framework for conservation of built heritage resources, cultural heritage landscapes, and archaeological resources/areas of archaeological potential, as well as direction regarding lands adjacent to protected heritage properties. Under the OHA, O.Reg. 9/06 provides criteria for determining cultural heritage value or interest according to the resource’s physical/design value, its historical/associative value, and its contextual value.

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 Tonwship staff.

  • To conserve and promote significant built heritage resources and significant cultural heritage landscapes
  • To create and maintain an inventory of local and significant cultural features, including but not limited to heritage resources designated under Part IV and/or Part V of the Ontario Heritage Act

Proposed Policies

The following policies are those which are being considered for the new Township of Adjala-Tosorontio Official Plan. They have been developed through:

  • Reviewing existing Official Plan policies and updating them to comply with new provincial and county policy requirements
  • Input received from council, the public, agencies, and Tonwship staff

Policies that have been strictly mandated by the province or county appear in bold whereas those that have been municipally derived appear in plain text.

Built and Cultural Heritage

Cultural heritage resources shall be conserved in accordance with the policies in the PPS, to foster a sense of place and benefit communities, particularly in strategic growth areas. (Proposed Growth Plan 4.2.7.1)

The Township will evaluate cultural heritage value or interest of heritage resources in accordance with the criteria set out in O.Reg. 9/06 under the Ontario Heritage Act (County OP 4.6.11)

Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. (PPS 2.6.2)

Development and site alteration shall not be permitted on lands adjacent to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. (PPS 2.6.3)

The interests of First Nations and Métis communities shall be considered in conserving cultural heritage and archaeological resources (PPS 2.6.5)

The Township encourages preparation and consideration of archaeological management plans and municipal cultural plans in their decision-making. (PPS 2.6.4) & (Proposed Growth Plan 4.2.7.3)

Where feasible and desirable, incentives may be provided by the township to land developers in exchange for preservation of significant cultural features. This can be accomplished by permitting increased densities, density transfers, and other means considered appropriate, in exchange for resource preservation, through the application of the relevant provisions of the Planning Act. (County OP 4.6.10)

Municipal Register

The Clerk of the Township shall keep a register of property situated in the municipality that is of cultural heritage value or interest.(OHA Part IV s.27(1))

The register kept by the Clerk shall list all property situated in the municipality that has been designated by the Township or by the Minister under Part IV of the Ontario Heritage Act and shall contain, with respect to each property, (a) a legal description of the property; (b) the name and address of the owner; and (c) a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property. (OHA Part IV s.27(1.1))

The register kept by the clerk may include property that has not been designated under Part IV but the township believes to be of cultural heritage value or interest (OHA Part IV s.27 (1.2))

The Clerk of the Township shall keep a register of all heritage conservation districts designated under Part V of the Ontario Heritage Act that are situated in the municipality and shall ensure that the register contains a map or description of the area of each such heritage conservation district (OHA Part V s.39.2(1))

Municipal Heritage Committee

The Township may, by by-law, establish a municipal heritage committee to advise and assist council on matters relating to Part IV of the Ontario Heritage Act, matters relating to Part V of the Ontario Heritage Act and such other heritage matters as council may specify by by-law (OHA Part IV s.28)

Designation of Individual Properties

The Township may, by by-law, designate a property within the township to be of cultural heritage value or interest if, (a) where property meets the prescribed criteria for determining whether property is of cultural heritage value or interest, and (b) the designation is made in accordance with the process set out in the Ontario Heritage Act. (OHA Part IV s.29)

Designation of Heritage Conservation Districts

The Township may undertake a study of any area of the township for the purpose of designating one or more heritage conservation districts. The scope of the study shall:

(a) examine the character and appearance of the area that is the subject of the study, including buildings, structures and other property features of the area, to determine if the area should be preserved as a heritage conservation district;

(b) examine and make recommendations as to the geographic boundaries of the area to be designated;

(c) consider and make recommendations as to the objectives of the designation and the content of the heritage conservation district plan required under section 41.1 of the Ontario Heritage Act; and

(d) make recommendations as to any changes that will be required to the Township’s Official Plan and to any municipal by-laws, including any zoning by-laws. (OHA Part V s.40(1) & (2))

The Township may, by by-law, designate the municipality or any defined area or areas thereof as a heritage conservation district. (OHA Part V s.41(1))

A by-law passed to designate one or more heritage conservation districts shall adopt a heritage conservation district plan for each district that is designated. A heritage conservation district plan shall include:

(a) a statement of the objectives to be achieved in designating the area as a heritage conservation district;

(b) a statement explaining the cultural heritage value or interest of the heritage conservation district;

(c) a description of the heritage attributes of the heritage conservation district and of properties in the district;

(d) policy statements, guidelines and procedures for achieving the stated objectives and managing change in the heritage conservation district; and

(e) a description of the alterations or classes of alterations that are minor in nature and that the owner of property in the heritage conservation district may carry out or permit to be carried out on any part of the property, other than the interior of any structure or building on the property, without obtaining a permit under section 42 of the Ontario Heritage Act. (OHA Part V s.41.1(1) & (5))

Archaeological Resources and Burial Places

The Township shall determine the need for archaeological assessment for applications where they are the approval authority in accordance with the County’s Cultural Heritage Guidelines, once developed and approved, and notify the County of any significant archaeological resources. (County OP 4.6.8)

When burial places are identified during the development process or are encountered during any excavation activity, the provisions of the Funeral, Burial and Cremation Services Act, Ontario Heritage Act and the relevant regulations must be followed. Licensed archaeologists may be involved in heritage burial

assessments for delineation of boundaries and excavations if required. Appropriate Provincial Ministries and authorities will be notified. (County OP 4.6.12)

Should aboriginal archaeological resources or burial places be found through assessment or during the development process, then the township shall provide notification to the appropriate aboriginal community(s). (County OP 4.6.13)

Proposed Definitions

Adjacent lands: for purposes of cultural heritage and archaeology means those lands contiguous to a protected heritage property or as otherwise defined in the municipal official plan. (County OP)

Archaeological resources: includes artifacts, archaeological sites, marine archaeological sites, as defined under the Ontario Heritage Act. The identification and evaluation of such resources are based upon archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. (PPS, 2014)

Areas of archaeological potential: means areas with the likelihood to contain archaeological resources. Methods to identify archaeological potential are established by the Province, but municipal approaches which achieve the same objectives may also be used. The Ontario Heritage Act requires archaeological potential to be confirmed through archaeological fieldwork. (PPS, 2014)

Built heritage resource: means a building, structure, monument, installation or any manufactured remnant that contributes to a property’s cultural heritage value or interest as identified by a community, including an Aboriginal community. Built heritage resources are generally located on property that has been designated under Parts IV or V of the Ontario Heritage Act, or included on local, provincial and/or federal registers. (PPS, 2014)

Conserved: means the identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, and/or heritage impact assessment. Mitigative measures and/or alternative development approaches can be included in these plans and assessments. (PPS, 2014)

Cultural features: refer to historical, architectural, archaeological, recreational, and aesthetic built and natural features of cultural significance including significant built heritage resources, significant cultural heritage landscapes, and archaeological resources. (County OP)

Cultural heritage landscape: means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Aboriginal community. The area may involve features such as structures, spaces, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways, viewsheds, natural areas and industrial complexes of heritage significance; and areas recognized by federal or international designation authorities (e.g. a National Historic Site or District designation, or a UNESCO World Heritage Site). (PPS, 2014)

Heritage attributes: means the principal features or elements that contribute to a protected heritage property’s cultural heritage value or interest, and may include the property’s built or manufactured elements, as well as natural landforms, vegetation, water features, and its visual setting (including significant views or vistas to or from a protected heritage property). (County OP)

Protected heritage property: means property designated under Parts IV, V or VI of the Ontario Heritage Act; property subject to a heritage conservation easement under Parts II or IV of the Ontario Heritage Act; property identified by the Province and prescribed public bodies as provincial heritage property under the Standards and Guidelines for Conservation of Provincial Heritage Properties; property protected under federal legislation, and UNESCO World Heritage Sites. (PPS, 2014)

Significant archaeological resources: means the remains of any building, structure, activity, place or cultural feature, which because of the passage of time is on or below the surface of the land or water, and which has been identified and evaluated and determined to be significant to the understanding of the history of people or place. The identification and evaluation of this resource is based upon an archaeological assessment. (County OP)

Significant: means: e) in regard to cultural heritage and archaeology, resources that have been determined to have cultural heritage value or interest for the important contribution they make to our understanding of the history of a place, an event, or a people.(PPS, 2014)

Hazards Policy Paper

Adj Tos Pine Creek rehabilitation from JT

Download the Hazards Policy Paper.

Background

Planning for both natural and human-made hazards is critical for protecting public health and safety, and reducing risks associated with a changing climate. The province directs that development will be located away from hazardous lands. Hazardous lands, such as areas prone to flooding or erosion, can pose a serious risk to human health as well as infrastructure if inappropriate development is permitted. Conservation Authorities have an important role to play in minimizing risks associated with hazards, through broad watershed-scale planning and the site-specific permitting process for development applications in Conservation Authority regulated areas. The County of Simcoe Official Plan requires that, where available, the location of floodplains, Conservation Authority regulated areas, and hazard lands must be illustrated in the Township’s Official Plan.

Where lands are being considered for development or redevelopment, municipalities must ensure that previous land uses do not create a hazard for new or expanded land uses. Development permitted in proximity to hazardous lands should have appropriate buffers to minimize the potential risks associated with natural or human-made hazards. The Provincial Policy Statement (PPS 2014) recognizes wildfire as a natural hazard and provides policies to mitigate risks. The PPS directs development to areas outside of lands where hazardous forest types for wildland fire are present. This preventative approach protects public health and safety, and minimizes risk and costs to municipalities.

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 Township staff.

To direct development away from hazardous lands

To minimize the risk associated with natural hazards and human-made hazards

Proposed Policies

The following policies are those which are being considered for the new Township of Adjala-Tosorontio Official Plan. They have been developed through:

  • Reviewing existing Official Plan policies and updating them to comply with new provincial and county policy requirements
  • Input received from council, the public, agencies, and Township staff

Policies that have been strictly mandated by the province or county appear in bold whereas those that have been municipally derived appear in plain text.

 

Schedule X identifies the location of hazard features as an overlay to all of the Schedule X and X maps. Lands identified in this designation include lands within the regulated areas set out under the Conservation Authorities Act.

The effect on lots of record of being included within a conservation overlay on Schedule X will be to ensure that site alteration and the construction of buildings or structures, or the use of lands, will be accomplished in a way that does not create a hazard and protects the environment. (Township Official Plan 6.3.1)

This Plan does not contemplate Township acquisition of lands identified as Hazard Lands nor shall it be construed as implying that such areas are free and open to the general public. (Township Official Plan 6.4.6)

Development may occur on lands identified on these Schedules where the Township and the Nottawasaga Valley Conservation Authority or the Toronto Region Conservation Authority are satisfied that such development will not create a hazard, or where the Township and the Nottawasaga Valley Conservation Authority or the Toronto Region Conservation Authority are satisfied that the potential hazards can be overcome in a manner consistent with accepted engineering practice and resource management techniques. In general however, development and site alteration will not be permitted within the regional flood plain of watercourses and within erosion areas below the top-of-bank of steep slopes. Development and site alteration shall also be set back from the top-of-bank or watercourse, a distance determined on-site in consultation with the conservation authority. A reduction of the setback distance will only be considered when supported by a geotechnical investigation prepared by a soils expert. The geotechnical investigation shall be prepared to the satisfaction of the Township and the conservation authority. (Township Official Plan 6.4.7)

Development shall generally be directed to areas outside of:

a) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards; and

b) hazardous sites. (PPS 2014 3.1.1 & County of Simcoe OP 4.5.9)

Development and site alteration shall not be permitted within:

a) areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has

been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard; and

b) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. (PPS 2014 3.1.2 & County of Simcoe OP 4.5.10)

Notwithstanding policy X [above], development and site alteration may be permitted in certain areas associated with the flooding hazard along river or stream where the development is limited to uses which by their nature must locate within the floodway, including flood and/or erosion control works or minor additions or passive non-structural uses which do not affect flood flows.

Planning authorities shall consider the potential impacts of climate change that may increase the risk associated with natural hazards. (PPS 2014 3.1.3 & County of Simcoe OP 4.5.13)

Development shall not be permitted to locate in hazardous lands and hazardous sites where the use is:

a) an institutional use including hospitals, long-term care homes, retirement homes, pre-schools, school nurseries, day cares and schools;

b) an essential emergency service such as that provided by fire, police and ambulance stations and electrical substations; or

c) uses associated with the disposal, manufacture, treatment or storage of hazardous substances. (PPS 2014 3.1.5 & County of Simcoe OP 4.5.12)

Uses which may be permitted in the flood plain subject to the approval of the regulatory agencies, include:

a) open space for public or private recreation and related structures;

b) agricultural uses and related structures, excluding dwellings;

c) structural works for flood and erosion-sediment control;

d) additions to existing structures;

e) replacement structures on existing lots subject to local official plan policies, and satisfactory engineering studies; and

f) Aggregate development provided all requirements of the Aggregate Resources Act and the relevant conservation authority are met.

Generally, subject to the approval of the appropriate regulatory agencies, agricultural structures in the flood plain may be rebuilt where destroyed by fire or other event. (County of Simcoe OP 4.5.15)

Stormwater management quality and quantity facilities shall be located outside of the flood plain except as provided in the flood fringe above the 1:100 year storm event level under the establishment of a Two Zone Concept or Special Policy Area or as otherwise permitted by the Conservation Authority or other appropriate authority. (County of Simcoe OP 4.5.16)

Any development or site alteration permitted in the flood plain shall require written approval from the Conservation Authority or appropriate authority, in consultation with the Township. (County of Simcoe OP 4.5.17)

Delineation of the flood prone areas shall, where applicable, be identified on schedules to local municipal official plans. In the absence of detailed flood plain analysis, a development applicant may be required to provide a flood plain study as a prerequisite to any development, prepared to the satisfaction of the Conservation Authority or other qualified professional, and the Township. The cost of preparing the study and professional review if required shall be borne by the applicant. (County of Simcoe OP 4.5.18)

Development will be prohibited on slopes and ravines which could be subject to active erosion hazards or historic slope failure. (County of Simcoe OP 4.5.19)

Development shall generally be directed to areas outside of lands that are unsafe for development due to the presence of hazardous forest types for wildland fire. Development may however be permitted in lands with hazardous forest types for wildland fire where the risk is mitigated in accordance with wildland fire assessment and mitigation standards. (PPS 2014 3.1.8)

The Township may, in its zoning by-law, establish a separate zone category in which no development with the exception of conservation uses is permitted. (Township Official Plan 6.4.4)

Human-made Hazards

Development on, abutting or adjacent to lands affected by mine hazards; oil, gas and salt hazards; or former mineral mining operations, mineral aggregate operations or petroleum resource operations may be permitted only if rehabilitation or other measures to address and mitigate known or suspected hazards are under way or have been completed. (PPS 2014 3.2.1 & 3.2.1.2 & County of Simcoe OP 4.5.23)

Proposed Definitions

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. (PPS 2014)

Emergency: means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise; these situations could threaten public safety, public health, the environment, property, critical infrastructure and economic stability. (Province of Ontario Emergency Response Plan, 2008)

Erosion hazard: means the loss of land, due to human or natural processes, that poses a threat to life and property. The erosion hazard limit is determined using considerations that include the 100-year erosion rate (the average annual rate of recession extended over a one-hundred-year time span), an allowance for slope stability, and an erosion/erosion access allowance. (PPS 2014 & County of Simcoe Official Plan)

Essential emergency service: means services which would be impaired during an emergency as a result of flooding, the failure of floodproofing measures and/or protection works, and/or erosion. (PPS 2014 & County of Simcoe Official Plan)

Flood fringe: for river, stream and small inland lake systems, means the outer portion of the flood plain between the floodway and the flooding hazard limit. Depths and velocities of flooding are generally less severe in the flood fringe than those experienced in the floodway. (PPS 2014 & County of Simcoe Official Plan)

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. (PPS 2014 & County of Simcoe Official Plan)

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 river, stream and small inland lake systems, the flooding hazard limit is the greater of:

1. the flood resulting from the rainfall actually experienced during a major storm such as the Hurricane Hazel storm (1954) or the Timmins storm (1961), transposed over a specific watershed and combined with the local conditions, where evidence suggests that the storm event could have potentially occurred over watersheds in the general area;

2. the one hundred year flood; and

3. a flood which is greater than 1. or 2. which was actually experienced in a particular watershed or portion thereof as a result of ice jams and which has been approved as the standard for that specific area by the Minister of Natural Resources; except where the use of the one-hundred-year flood or the actually experienced event has been approved by the Minister of Natural Resources as the standard for a specific watershed (where the past history of flooding supports the lowering of the standard). (PPS 2014 & County of Simcoe Official Plan)

Floodproofing standard: means the combination of measures incorporated into the basic design and/or construction of buildings, structures, or properties to reduce or eliminate flooding hazards, wave uprush and other water-related hazards along the shorelines of the Great Lakes – St. Lawrence River System and large inland lakes, and flooding hazards along river, stream and small inland lake systems. (PPS 2014)

Floodway: for river, stream and small inland lake systems, means the portion of the flood plain where development and site alteration would cause a danger to public health and safety or property damage. Where the one zone concept is applied, the floodway is the entire contiguous flood plain. Where the two-zone concept is applied, the floodway is the contiguous inner portion of the flood plain, representing that area required for the safe passage of flood flow and/or that area where flood depths and/or velocities are considered to be such that they pose a potential threat to life and/or property damage. Where the two-zone concept applies, the outer portion of the flood plain is called the flood fringe. (PPS 2014 & County of Simcoe Official Plan)

Hazardous forest types for wildland fire: means forest types assessed as being associated with the risk of high to extreme wildland fire using risk assessment tools established by the Ontario Ministry of Natural Resources, as amended from time to time. (PPS 2014)

Hazardous lands: means property or lands that could be unsafe for development due to naturally occurring processes. Along the shorelines of the Great Lakes – St. Lawrence River System, this means the land, including that covered by water, between the international boundary, where applicable, and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along the shorelines of large inland lakes, this means the land, including that covered by water, between a defined offshore distance or depth and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along river, stream and small inland lake systems, this means the land, including that covered by water, to the furthest landward limit of the flooding hazard or erosion hazard limits. (PPS 2014 & Proposed Growth Plan 2016 & County of Simcoe Official Plan)

Hazardous sites: means property or lands that could be unsafe for development and site alteration due to naturally occurring hazards. These may include unstable soils (sensitive marine clays [leda], organic soils) or unstable bedrock (karst topography). (PPS 2014 & County of Simcoe Official Plan)

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. (PPS 2014)

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. (PPS 2014)

One hundred year flood level: means a) for the shorelines of the Great Lakes, the peak instantaneous stillwater level, resulting from combinations of mean monthly lake levels and wind setups, which has a 1% chance of being equalled or exceeded in any given year; b) in the connecting channels (St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers), the peak instantaneous stillwater level which has a 1% chance of being equalled or exceeded in any given year; and c) for large inland lakes, lake levels and wind setups that have a 1% chance of being equalled or exceeded in any given year, except that, where sufficient water level records do not exist, the one hundred year flood level is based on the highest known water level and wind setups.

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. (PPS 2014)

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. (PPS 2014)

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. (PPS 2014)

Valleyland(s): 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. (PPS 2014)

Watercourse: an identifiable depression in the ground in which a flow of water regularly or continuously occurs. (Conservation Authorities Act, RSO 1990)

Wildland fire assessment and mitigation standards: means the combination of risk assessment tools and environmentally appropriate mitigation measures identified by the Ontario Ministry of Natural Resources to be incorporated into the design, construction and/or modification of buildings, structures, properties and/or communities to reduce the risk to public safety, infrastructure and property from wildland fire. (PPS 2014)