SECTION 1 INTRODUCTION
1.1 PLANNING
ACT CONTEXT
1.
Pursuant
to Section 17 of the Planning Act, R.S.O., 1990, Chapter P.13, as
amended, Council is charged with responsibility for preparing and adopting an
Official Plan for the Township of Rideau Lakes. Pursuant to Section 26 of the Planning
Act, Council is required to review its Official Plan from time to time, but
not less than once every five years, to determine the need to revise it. This
Plan, which updates and consolidates the Official Plans of the five former
municipalities that amalgamated in 1998 to form the Township of Rideau Lakes,
has been prepared in response to these requirements.
2.
The
Planning Act also provides that, where an Official Plan is in effect, no
public work shall be undertaken and no By-law shall be passed for any purpose
that does not conform to the Official Plan, with certain exceptions as provided
by Section 24 of the Planning Act. This Plan will guide Council in its
future decision making pursuant to this requirement.
3.
In
exercising its planning authority, Council shall have regard to matters of
Provincial Interest set out in Section 2 of the Planning Act. From a
policy perspective, this Plan contains policies which are intended to ensure
the Township has regard for the 1997 Provincial Policy Statement issued
under Section 3(1) of the Planning Act.
4.
Section
17 of the Planning Act sets out required processes and procedures for
amendments to Official Plans. Council shall be guided by these requirements in
dealing with applications for Official Plan amendments from the public, as well
as those amendments initiated by Council.
1.2 INTRODUCTORY
STATEMENTS
1.2.1 Title
and Components
1.
This
Plan shall be known as the:
Official
Plan of the Township of Rideau Lakes.
2.
The
Plan consists of six Sections and five Schedules:
Section
1 Introduction
Section
2 General Development Policies
Section
3 Land Use Policies
Section
4 Transportation
Section
5 Implementation and Administration
Section 6 Interpretation
Schedules
A1 – North Crosby Ward
A2 – South
Crosby Ward and Newboro Ward
A3 –
Bastard & South Burgess Ward – North Portion
A4 –
Bastard & South Burgess Ward – South Portion
A5 – South
Elmsley Ward
3.
Section
1 is informative in nature and primarily describes the context, general purpose
and objectives of the Plan.
Section 2 sets out various general policies which
apply to development, regardless of the land use designation in which it is
situated. Among other matters, a number of the policies in this section relate
to considerations that must be addressed in undertaking development or site
alteration due to the existence of various on-site or adjacent area features,
constraints, existing uses or land use designations.
Section 3
contains policies for various land uses that are specific to the land use
designations shown on the Schedules.
Section 4
deals with transportation-related policies.
Section 5
states the policies for the implementation and administration of the Plan.
Among other matters, the section sets out the policies applicable to the
division of land.
Section 6
provides guidance with respect to the interpretation of the Plan.
Schedules
A1, A2, A3, A4 and A5 set out the land use designations, road status and some
of the features and influences that have relevance to policies of the Plan.
1.2.2 Application
This
Official Plan applies to the entirety of the Township of Rideau Lakes. This
Plan replaces the Official Plans of the former Township of North Crosby, the
former Township of South Crosby, the former Village of Newboro, the former
Township of Bastard and South Burgess and the former Township of South Elmsley.
1.2.3 Intent
1.
This
Plan is intended to support several broad land use planning goals aimed at
supporting and enhancing the quality of life for those who live, work or
recreate in or visit the Township. These goals include:
1.
To
manage future growth and development in a logical and orderly manner in
response to anticipated needs, having regard to economic, social, cultural,
environmental and other considerations;
2.
To
protect the natural and built resources of the Township from
development-related impacts in recognition of the long-term environmental,
economic and other values of these resources;
3.
To
address potential health, safety and property damage concerns by directing
development away from areas associated with risks.
2.
The
Official Plan is intended to be of use to both private and public interests.
Through the Plan, private interests will have a clearer understanding of
Council’s policies for future development and, hence, be able to plan
accordingly. Public interests will benefit by possessing a documented policy framework
by which to prepare comprehensive Zoning By-laws and other tools of
implementation, make planning and land use decisions, as well as identify and
program the delivery of needed services and facilities in a cost-effective way.
1.2.4 Scope
The Official
Plan is a legal document but does not, by itself, control or regulate the
development of land by private interests. Rather, detailed control and
regulation is accomplished primarily through implementation tools such as
comprehensive Zoning By-laws and Site Plan Control By-laws.
The
Official Plan contains policies which are intended to guide public and private
interests in such a way as to ensure the best form of development under the
most desirable conditions. In addition, the Official Plan sets out guidelines
for the preparation of municipal regulations which implement the Plan,
establishes policies to govern both the division and development of land and,
finally, identifies public actions which need to be taken to support private
development.
1.2.5 Planning Period
This
Official Plan is intended to guide the future development of the Township to
the year 2022. The reader is cautioned, however, that the Plan has been
prepared on the basis of existing conditions and information available at the
time of the Plan’s preparation. An Official Plan should be viewed as a work in
progress and it is intended that as conditions change, as new information
becomes available, and as our understanding of issues and priorities changes,
there will be a need to review various policies from time to time. Pursuant to
Section 26 of the Planning Act, Council intends to hold a public meeting
not less than once every five years to determine the need to review the Plan.
1.3 BASIS
AND OBJECTIVES
1.3.1 General
Shortly after
the creation of the Township of Rideau Lakes, the Municipality embarked on a
strategic planning initiative for the purpose of discussing and articulating
the Township’s roots, current situation and activities, aspirations for the
future and action priorities in order to foster the attainment of those
aspirations. While the observations, objectives and directions that came out
of the strategic planning process had applicability to, and ramifications for,
many core functions of the Township, land use planning, environmental issues
and the development of a single, new Official Plan emerged as priorities. Many
of the key policy directions taken in this Official Plan flow from the
strategic plan.
In terms
of its relationship to the Official Plans of the five former townships, the new
Plan also attempts to build upon compatible elements of those documents in
recognition of the long-established land use planning directions that they
provided to the five wards that make up Rideau Lakes. While attempting to harmonize
land use policies across the Township in the interests of equity and
administration, efforts have been made to recognize the uniqueness, diversity
and historical importance of the various parts of the Municipality.
As a
precursor to the preparation of this Official Plan, some preliminary
investigations and research have also been undertaken with respect to
identifying existing conditions, historical development patterns and present
trends. Some of the conclusions of this review are referred to in this Plan.
During the
course of the preparation of the Official Plan, Council, as well as an Official
Plan Steering Committee composed of volunteers from the community and elected
officials, provided input and guidance. The Plan reflects many contributions
resulting from their local knowledge, expertise and ideas.
Taken
together, the foregoing activities and documents form the foundations for the
basis and objectives of this Official Plan.
1.3.2 Basis
of the Plan
The Township of Rideau Lakes came into being on
January 1, 1998, as an amalgamation of the former Townships of North Crosby,
South Crosby, Bastard and South Burgess, South Elmsley and the Village of
Newboro. Rideau Lakes lies in the northwest corner of the United Counties of
Leeds and Grenville, roughly half way between Kingston and Ottawa. The
Township encompasses an area of 710 square kilometres and is geographically the
largest municipality in the County. While this poses certain challenges to the
development and implementation of land use and other policies, there is a
growing sense of “One Township” and the role that a single Official Plan
document can play in supporting a common land use policy understanding and a
simplified and equitable administrative framework.
Rideau Lakes’s strengths and its opportunities for
the future rest in the diversity of its population, economic activity and
geography. Recreation, tourism, service industries and farming form the
backbone of the local economy.
Three basic types of settlement characterize the
Township: Small communities, including all of the Township’s villages and
hamlets; water-oriented development areas, principally comprising recreational
properties and tourist facilities; and, rural areas which are largely
farm-based.
The distinct character of the various parts of the
Township is established through a number of features including historic
development, cultural heritage, physical setting and landscape characteristics,
intensity and form of development, architecture, level of services and infrastructure
such as roads and park facilities.
The bulk of the Township is situated within the
Canadian Shield, however, a portion of the Municipality lies to the east of the
Shield. In large measure, the physical diversity that exists within the Township
is directly related to this geological condition.
The different parts of Rideau Lakes represent a
contrast, ranging from the more developed South Elmsley area near Smiths Falls
to the more rural, sparsely developed, farm-based areas such as Bastard. In
between, and tying the diverse parts of the Township together, is Provincial
Highway 15, the scenic historic Rideau Waterway (now officially referred to by
Parks Canada as the Rideau Canal National Historic Site) which dates from 1832,
the many recreational and tourism-related attractions of the natural and built
environment and, finally, numerous quaint villages and hamlets.
Rideau Lakes is blessed with an abundance of lakes,
combined with diverse topography and vegetation. The Township possesses approximately
500 kilometres of shoreline, excluding the Rideau Waterway. The Waterway
traverses the Township, from the towering granite cliffs at Morton Bay to the
more gentle and pastoral areas of the Lower Rideau Lake. The Waterway
represents an important link with the past. With island-studded lakes,
human-made channels, flowing rivers and spectacular vistas along its length,
the Waterway offers a superb resource for canoeing, sailing, boating, fishing,
wildlife observation and simply relaxing. The pleasure boating that took root
and spread along the Waterway over its history created a recreational paradise
for thousands of property owners and visitors to Rideau Lakes. In recognition
of its historic and recreational value the Rideau Waterway has been designated
as a Canadian Heritage River, thus further elevating its natural significance.
An important part of the Township is its many
scenic villages and hamlets, some of which, such as Newboro, contain buildings
of historic or architectural interest dating from the early 19th
century. These settlements, and the surrounding farming and vacation areas,
are important parts of the fabric of community life in Rideau Lakes, as are the
many volunteers from these diverse communities who perform a variety of services
within and for the Township.
In short, Rideau Lakes is a place that is rich in
natural and built heritage attributes, supported by an interested and dedicated
community.
While Rideau Lakes’s 2001 Census population was
9,687 permanent residents, this significantly understates the size, extent of
development and activity within its borders. There are over 6,800 assessed
dwellings in the Municipality, if one includes both seasonal and permanent
dwellings, and the Township population swells to approximately 13,000 during
the summer months. The large volume of people in temporary accommodations such
as campgrounds, resorts and bed and breakfasts, as well as boaters traversing
the Rideau system, pushes this number even higher.
At a broad level, the Township recognizes the
importance of its historical roots, its current role and local assets and,
building on these foundations, seeks to foster equitable,
environmentally-sustainable opportunities to live, work, visit and recreate in
a fiscally-sound and united municipality. The policies of this Plan are
designed to foster the achievement of this fundamental vision.
Some observations and considerations in the
development of policies to support this vision follow:
1.
By
the end of this Official Plan’s planning period in 2022, the Township’s
population will be approximately 12,000 permanent residents. This translates
to an average annual increase of about 110 persons. Over the course of the
planning period, the average household size is expected to decline in a manner
consistent with broader demographic trends from 2.65 persons per household (in
1996) to approximately 2.5.
2.
The
Township of Rideau Lakes is located somewhat beyond the generally acceptable
daily commuting distance to major centres such as Ottawa and Kingston. To
date, it has not experienced significant commuter-generated residential growth
pressure, although it has felt a modest influence on residential demand related
to proximity to smaller urban centres such as Smiths Falls and Perth.
3.
A
combination of factors, including a scarcity of road-accessible waterfront
land, increased awareness of environmental concerns and a toughening regulatory
environment, has led to a continuing decline in residential development
activity over the past decade. This has translated into falling lot creation
and residential building permit activity. Building permits for new dwellings
are anticipated to stabilize at their present level of approximately 44 new
dwellings per year. Maintenance of this volume of new dwellings is predicated
on increased lot creation activity, which currently is at about 24 lots per
year.
4.
Although
it is recognized that medium and larger-sized urban settlements outside Rideau
Lakes will continue to function as retail, service and social-cultural centres
for the Township, the historical role of the Township’s various villages and
hamlets as residential communities and local service centres will be supported
and encouraged. While an increasing mobile society, combined with current
large format retailing, centralization of public services and education, as
well as other trends have worked against the survival of villages and hamlets,
a number of these communities afford significant tourism and recreation-based
opportunities. These opportunities are supported by the rich history
associated with the development of the communities, unique physical settings
and an architecturally-interesting built environment.
5.
It
goes without saying that there is a huge number of recreational dwellings on
and adjacent to the many water bodies in the Township. Historically, these
residences functioned as secondary residences to persons whose principal
residence was outside the Township. While, in recent years, a number of these
dwellings have been transformed into principal residences, there is no evidence
to suggest that this is currently a widespread phenomenon. Notwithstanding
this, significant renovation, repair and enlargement activity is occurring in
relation to these residences. This activity is not surprising, given the
advanced age of many of these dwellings and increasing expectations for the
quality and amenities of recreational properties.
6.
The
most significant natural feature of the Township is its water bodies. These
are a resource of paramount value for recreational and tourism purposes and
must be protected from environmental degradation through means such as the
establishment of policies related to sewage disposal, surface and ground water
protection, water-oriented recreation and tourism and residential development.
As a mature recreational and tourist area, considerable effort must be placed
on policies to ensure that changes to existing developments are undertaken in
an environmentally-sensitive and sustainable manner. Additionally, the voluntary
conservation efforts of individuals, associations and non-profit groups can be
used to help protect and enhance lake environments.
7.
The
Township possesses limited resources in terms of agricultural lands and mineral
and mineral aggregate resources. In the case of agriculture, while
historically important to the Township, there are very few areas reflecting
soils with high agricultural capability. Vigilance must, therefore, be
exercised in protecting these areas from intrusion by incompatible land uses
that could serve to undermine agricultural activities. With respect to mineral
aggregates and certain minerals, similar policy concerns arise as a result of
resource scarcity.
8.
The
Township recognizes the fundamental importance of the business community,
particularly in relation to its contributions to the tourism and recreational
sectors of the economy, as well as its contributions to the municipal tax base
and local employment opportunities. The Township seeks to support the creation
and economic health of local enterprises, as well as to ensure that
unacceptable environmental impacts and land use conflicts are not generated
through their activities.
9.
Given
that, as a mature vacation and recreational area, much of the Township’s
developable shoreline is already fully developed, it is anticipated that there
will be increasing pressure for higher density forms of water-oriented
development to accommodate new seasonal or permanent residents. While the
current technologies and implications for municipal responsibility for communal
water and sewage systems pose considerable financial and other obstacles for
both municipalities and land owners contemplating such development, the
Township must monitor developments in this area and respond with appropriate land
use and servicing policies, including Official Plan amendments, where
necessary. In the interim, however, development will likely continue to occur
almost exclusively on private services and at the characteristically low
densities associated with rural areas.
1.3.3 Objectives of the Plan
The
objectives set forth in this Plan have evolved from the historical development
and character of the Township’s natural, economic, social and cultural
environments. These objectives reflect Council’s vision for the Township’s
development in the coming years and shall be used for guidance in Council’s
decision-making.
1.
To
maintain and, where possible, to improve the quality of the environment,
particularly in regard to the health, safety, convenience and welfare of seasonal
and permanent residents, as well as visitors to the area.
2.
To
preserve and enhance the rural, recreational and vacation-oriented flavour of
the Township, while providing opportunities for controlled,
environmentally-sustainable growth, particularly within the tourism sector.
3.
To
preserve and enhance water bodies and their environs by encouraging development
and redevelopment which is environmentally-sensitive and which maintains or
improves water quality and the shoreline environment.
4.
To
encourage steady, diversified and balanced economic growth to build a more
favourable assessment base and to ensure a reasonable range of employment
opportunities in order that young people will choose to stay in, or return to,
the Township.
5.
To
ensure that land use designations and related policies foster economic growth
and diversification, including opportunities for home-based and tourism-based
businesses.
6.
To
support both existing local businesses and agricultural operations in
recognition of the vital and historic role these sectors have played in the
Township's development.
7.
To
provide for the protection of natural resources, such as agricultural lands,
forests, ground and surface water, mineral aggregates and minerals.
8.
To
strengthen the role of villages and hamlets such as Newboro as local
commercial, residential, social, and cultural centres for the Township, as well
as to enhance their function in providing services and facilities that cater to
tourists and seasonal residents.
9.
To
conserve and protect cultural heritage resources, including historic areas,
buildings, sites, landmarks, landscapes and archaeological remains.
10.
To
have particular regard to the Rideau Canal Corridor and all its component parts
- its scenic elements, its historic value - all its built and natural
attributes.
11.
To
enhance the aesthetic qualities of the built and natural environment.
12.
To
encourage the provision of an adequate supply and range of housing types and
supporting amenities to satisfy the needs of existing and future residents,
including those with special needs.
13.
To
develop and maintain sufficient parkland, open space and community facilities
to meet the needs of various age and socio-economic groups.
14.
To
protect existing land uses from the impacts of incompatible development and to
ensure that new or expanding uses are well integrated into existing developed
areas.
15.
To
promote environmentally-sound development and energy conservation practices
through the planning and development approval processes.
16.
To
protect significant natural heritage features such as wetlands and areas of
natural and scientific interest.
17.
To
minimize risks to persons and property arising from natural hazards such as
flooding, organic soils and steep or unstable slopes.
18.
To
ensure that, in reviewing development proposals, adequate attention is paid to
human-made hazards such as contaminated sites or abandoned mine sites.
19.
To
establish detailed land use policies to be used as the basis for evaluating
development proposals, particularly in those instances where such proposals may
be in keeping with some objectives but in conflict with others.
20.
To
work with various non-profit organizations and associations, as well as
agencies such as Parks Canada and the Conservation Authorities towards common
recreational, conservation and tourist-oriented objectives, particularly as
they relate to the Rideau Canal Corridor, the trail system and various
conservation and public recreational lands.
21.
To
conduct planning with an open process, producing policies which are fair in their
distribution of benefits and influences.
SECTION 2 GENERAL DEVELOPMENT
POLICIES
2.1 INTRODUCTION
The
policies of this section deal with development considerations that are
generally applicable to various land uses within the Township and should be
read in conjunction with the specific land use policies contained in the Land
Use Policies section of this Plan.
2.2 WATERFRONT
DEVELOPMENT POLICIES
1. Historically,
the areas of the Township which abut or are adjacent to the Rideau Waterway and
the Township’s many lakes and rivers have attracted tremendous interest as
summer recreational areas. Over the years, low density seasonal dwellings
evolved in a linear fashion as waterfront areas were discovered by residents of
nearby towns and various communities much farther away, such as Ottawa and
Toronto, as well as the United States of America. This is hardly surprising,
given the beautiful shoreline areas of Rideau Lakes with their fabulous
aesthetic appeal and superb leisure and recreational opportunities.
The
cottages that were constructed in the Township’s waterfront areas traditionally
functioned solely as secondary residences used on a seasonal basis by their
owners, whose principal place of residence was located elsewhere. Road access,
where available, has generally been by private road. This form of development
has a long tradition in Rideau Lakes and many other jurisdictions.
The
waterfront areas of the Township are also distinguished by the presence of
other long-standing uses that are functionally-related to the water. These
include parks, lock stations and a range of tourist commercial uses such as
resorts, summer camps, campgrounds and marinas.
In recent
years, there have been pressures across cottage country (both in the Township
and elsewhere) to use waterfront residential properties on a more intensive,
multi-season basis. The reasons for this are related to a broad range of
factors including, among others, demographic and lifestyle considerations. The
trend has been associated with the improvement and enlargement of existing
dwellings and private sewage disposal and water systems, the creation of new
lots through the consent process, the construction of increasingly larger new
dwellings on existing vacant or new lots and changes in occupancy from
secondary or seasonal use to principal or permanent use.
As
undeveloped waterfront property becomes increasingly scarce, as existing
properties become more intensively used, and as pressures mount to permit
higher density development, there is need to ensure that appropriate Official
Plan policies are in place to ensure the protection of the Township’s
waterfront area’s unique physical and environmental character.
2. While
the character of specific waterfront areas varies, some of the key elements of
this character are:
·
The
unique and limited land use mix, overall low density of development and
distinct form and massing of buildings;
·
The
presence of spectacular vistas and alluring natural landscapes, and the
integration of buildings and structures into those landscapes with minimal
disturbance;
·
The
private roads which generally provide road access to waterfront properties, as
well as the low-volume design of such roads, which is typically dictated by,
and adapts to, topography and vegetation;
·
The
important role of the water and shoreline areas in supporting natural heritage
features, through the provision of habitat for flora, fauna and aquatic life;
·
The
contributions of the water and shoreline areas in terms of cultural heritage,
leisure and recreational opportunities, as well as economic and employment
benefits in the service sector, resulting from tourism and recreational
property development.
3. Given
the importance of maintaining the long term quality and character of water
bodies and their environs, the following development policies relating to lake
capacity, water setbacks, water frontage, narrow channels and boat capacity
shall apply:
1.
Lake
Capacity
1.
Big
Rideau Lake is the only cold water lake in the Township and it is managed as a
lake trout lake by the Ministry of Natural Resources. Based on dissolved
oxygen profiles and lake capacity modelling, Big Rideau Lake is classified as
moderately sensitive. All other lakes in the Township are warm water lakes.
All Township lakes can accommodate some limited additional development, based
on current water quality.
2.
For
any development proposal that would result in the creation of more than three
lots or dwelling units having direct or deeded water access, a lake impact
study to assess the effect of development and additional nutrient loadings on
lake water quality will be required. A lake impact study shall also be
required for any significant development proposal, as determined by the
approval authority, for a non-residential use within 300 metres of a lake. The
approval of such proposal shall not be granted where a negative impact on water
quality would be the result.
2. Water
Setback
1.
An
adequate water setback serves an important function in relation to the
protection of the natural and cultural heritage characteristics and water
quality of the lakes and rivers of the Township. The intent of a water setback
is to prevent the disturbance of the shoreline area as a result of the
placement of buildings and structures, including sewage systems, or the removal
of the soil mantle and natural vegetation. In addition to preserving the
natural aesthetic qualities of the shoreline as viewed from the water, an
appropriate water setback can reduce phosphorus and other nutrient loads to the
lake and, in combination with vegetation, prevent erosion and sedimentation.
Development or site alteration such as filling, grading and excavating shall
occur a minimum distance of 30 metres from the normal high water mark of any
water body. The quantitative element of this setback shall be implemented
through the comprehensive Zoning By-law, while the qualitative elements shall
be addressed through the Site Plan Control process.
2.
Where
lake-specific or site-specific conditions suggest that it would be appropriate,
the minimum water setback may be increased. Examples of the latter would
include sites with steep slopes, limited soil depth, sub-optimal (i.e. very
high or very low) soil percolation rates or limited vegetative cover.
3.
Development
or site alteration may be permitted less than 30 metres from a water body in
situations where existing lots or existing developments preclude the reasonable
possibility of achieving the setback. Additionally, there may be isolated cases
where site-specific conditions would make it appropriate to reduce the setback
in relation to a proposed lot. Any proposal for development or site alteration
proposed to occur less than 30 metres from a water body shall be subject to the
policies of the Fish Habitat and Adjacent Lands and Environmental
Impact Assessments sections of this Plan.
4.
Water
setback requirements shall not apply to docks, boathouses, pumphouses and other
marine facilities accessory to permitted uses. Depending upon their location
in relation to the water, such structures may require permits from approval
authorities such as Parks Canada, the Ministry of Natural Resources and the
relevant Conservation Authority in addition to, or instead of, approvals from
the Township.
5.
It
is the policy of this Plan to encourage the protection of existing natural
vegetation from disturbance and the revegetation or naturalization of altered
or disturbed shoreline areas through the development approval process. Among
other tools, tree cutting by-laws and site alteration by-laws as authorized in
the Municipal Act, as well as Site Plan Control may be utilized by the
Township for this purpose.
3. Water
Frontage
1.
As
a general rule, the minimum water frontage for any new waterfront lot shall be
60 metres. This requirement may be increased where lake-specific or
site-specific conditions suggest that it would be appropriate and shall be
implemented through the Zoning By-law.
2.
Where
the creation of more than three non-waterfront lots from a waterfront land
holding is proposed, a user-in-common deeded waterfront parcel of land shall
generally be provided, such parcel to have a minimum water frontage of 15
metres per non-waterfront lot, or as otherwise determined by the Township.
3.
Water
frontage requirements of this section shall be applied on a dwelling unit basis
for any cluster-type development involving the proposed siting of more than one
dwelling unit on a lot.
4. Narrow
Channels
The
confined nature of narrow channels and approaches to lockstations can result in
safety and compatibility issues for boaters and landowners. A narrow channel
is defined as a waterbody where the distance from shore to shore is 150 metres
or less. Given the importance of ensuring public safety, the development of
structures such as marine facilities will not be permitted in a narrow channel
or an entrance to a lockstation where a hazard to navigation would result, as
identified by the approval authority or Parks Canada, as applicable.
5. New
Lot Creation on Narrow Channels
New lot
creation on narrow channels will be permitted in accordance with the following:
1.
Where
the distance of the narrow channel from shore to shore is 90 metres or greater,
a minimum shoreline frontage of 90 metres is required.
2.
Where
the distance of the narrow channel from shore to shore is less than 90 metres,
a minimum shoreline frontage of 120 metres will be required.
6. Boat
Capacity on the Rideau Canal
While the
Rideau Canal does not experience boat capacity issues at this time, there are
localized areas such as narrow channels, near existing marinas and in the
vicinity of lockstations, where there is potential for boater conflicts.
Proponents of large-scale water-oriented development projects will be required
to consult with the approval authority and Parks Canada during the preparation
of a concept to assess the effect of development on safe and enjoyable
navigation of the Rideau Canal.
4. Various
land use and general development policies of this Plan support the preservation
of waterfront areas and include policies that are aimed specifically at those
areas. By way of example, particular regard should be had to the following
sections of the Plan:
1.
Road
Access and
Private Roads sections of the Plan, for special policies that provide
continuing recognition of, and support to, waterfront development with private
road access;
2.
Environmentally-Sensitive
Development section
for policies to encourage development that fits into the existing natural and
built environments, including minimizing disturbance to the natural environment
adjacent to shorelines of water bodies;
3.
Fish
Habitat and Adjacent Lands section, which sets out policies for the
protection of water bodies as a vital component of natural ecosystems;
4.
Cultural
Heritage Resources
section, which speaks to the special cultural heritage significance of areas on
or near water bodies in terms of the scenic vistas and landscapes that have
resulted from the interplay between the built and natural environments.
5.
Archaeological
Resources
section, which underscores the importance of waterfront areas to our
understanding of the history of First Nations peoples, the early settlement of
the Township and construction of the Rideau Canal system.
6.
Natural
Hazards Features
section, which identifies potential flooding and steep slope concerns that can
pose relatively greater risks to persons and property within waterfront areas.
7.
Surface
Water Quality and Quantity section, which focuses on policies to protect
surface waters, including the management of storm water to ensure that water
bodies are not negatively affected by the scale, density or physical form of
development;
8.
Consent
Policies
section of this Plan, which provides special policies facilitating limited lot
creation in waterfront areas, including waterfront areas with private road
access;
9.
Site
Plan Control
section which, in an attempt to more closely regulate the qualitative elements
of waterfront development, extends site plan control requirements to all forms
of development, including single dwellings where development is proposed
adjacent to a water body.
5. The
Zoning By-law that implements this Plan shall include special zones and
provisions to address specific waterfront policy concerns of this and other
relevant sections of the Plan.
2.3 ECONOMIC POLICY
2.3.1 General
Council
shall, when considering proposed development, bear in mind the financial
position of the Township and shall attempt to secure and maintain a
satisfactory ratio between residential assessment and industrial/commercial
assessment. Currently, residential assessment accounts for over 90% of the
Township’s assessment base. Council intends to redouble its efforts to promote
the Township’s non-residential development potential, with the intent of
increasing this component of the assessment base. The aim of such efforts are,
of course, to strengthen the Municipality’s financial position, reduce the
residential property tax burden, provide enhanced employment opportunities for
residents and increased local access to a wider range of goods and services.
If
required, Council may deem applications for further residential development as
premature until such time as it is satisfied that it has the financial
resources to continue to supply needed municipal services and community
facilities. Where Council has concerns in this regard, it may request the
proponents of proposed developments to undertake studies which examine these
issues to Council’s satisfaction.
From time
to time, in consultation with the appropriate agencies, Council shall review
any increase in municipal costs which is associated with the provision of
services and which is attributed to development activity. The results of these
reviews shall serve, in part, as the basis for Council’s decisions and
recommendations regarding the approval of development proposals. Where
appropriate, Council may impose such conditions as it regards necessary to
minimize or eliminate such costs, including the adoption of a Development
Charges By-law, pursuant to the provisions of the Development Charges Act.
2.3.2 A
Recreational Hub
Economic
growth in the Township is most likely to succeed if it builds upon the existing
strengths and economic base of the community. Rideau Lakes is already a
long-established recreational and vacation destination. In recognition of
existing and potential tourism opportunities, Council shall seek to foster the
growth of the Township as a recreational and vacation hub for the mutual
benefit of both residents and visitors to the area. In particular, Council
shall endeavour to do the following:
1.
Encourage
and work with government bodies, boards, commissions, committees, business
organizations, private investors and non-profit groups and associations with an
interest in tourism in Rideau Lakes, to expand and market the Township as a
vacation and recreation destination. Numerous organizations such as Parks
Canada, the Conservation Authorities, various provincial Ministries as well as
business, ratepayer, lake, sporting, conservation and other associations, play
a direct or indirect role in supporting tourism and recreational objectives and
are the Township’s partners in this common interest.
2.
Build
upon the key recreational and tourism foundations - the Rideau Waterway and
extensive lake system, the Trans Canada and other trail systems and various
conservation and public park facilities. Additionally, support policies and
initiatives to foster growth in the provision of tourist accommodation,
restaurant facilities and service and retail facilities oriented to seasonal
residents and the vacationing or travelling public.
3.
Support
and encourage the development of linkages between recreational trails, villages
and hamlets, tourist attractions, points of interest and areas of scenic or
environmental interest, both within and outside the Township.
4.
Undertake
and support tourism, recreational, heritage, community improvement and economic
development studies and programs and actively promote the Township’s
opportunities as a multi-season recreational and vacation centre.
5.
Encourage
tourism initiatives such as seasonal festivals and sporting and cultural events
that build upon the rich Rideau Waterway-based history of the area.
6.
Support
local business persons seeking to form Business Improvement Areas, pursuant to
the provisions of the Municipal Act.
7.
Pursuant
to the provisions of the Municipal Act and subject to the financial and
other resources of the Township, assist persons, groups and bodies who are
undertaking tourism-related projects or programs, by doing the following:
·
Making
grants, loans and loan guarantees;
·
Granting
land, or selling or leasing land at nominal cost;
·
Providing
small business counselling services;
·
Participating
in small business programs administered by the Province of Ontario;
·
Incorporating
a community development corporation for the purpose of promoting community
economic development through strategic planning and increasing self-reliance,
investments and job creation;
·
Taking
such other initiatives as are authorized by the Municipal Act.
8.
Utilize
provisions of the Development Charges Act and the Municipal Act which
allow the Township to exempt certain areas, such as a village or community
improvement project area, from the application of a development charges by-law
in order to stimulate private sector tourism investment.
9.
Consider
waiving or refunding part or all of various municipal fees, such as those
related to planning applications, building and demolition permits and parkland
dedication, in the context of tourism-enhancing projects, particularly where
undertaken by not-for-profit organizations.
10.
Where
feasible, enter into public-private partnerships to develop tourism-oriented
projects.
2.4 HOUSING POLICY
1.
Policies
have been included in this Plan to ensure that:
1.
There
is at least a ten-year supply of land designated and available for future
residential development;
2.
A
variety of housing options are accommodated to meet the needs of present and
future residents, subject to the limitations imposed by servicing and
environmental considerations;
3.
The
provision of new housing is encouraged to take place in the more built-up areas
of the Township, such as villages and hamlets.
2.
The
Township intends to review the comprehensive Zoning By-law to implement the
housing policies referred to above.
3.
The
Township intends to monitor the residential land supply and the type and
density of housing approved and constructed pursuant to this Plan.
2.5 EDUCATIONAL
FACILITIES
It is the
intention of the Township to work closely with the relevant Boards of Education
in determining the need and location for future educational facilities, and in
integrating educational facilities with the Township’s other community
facilities. Where development applications could significantly affect present
or future educational facilities, the school boards will be consulted.
2.6 ENVIRONMENTALLY-SENSITIVE
DEVELOPMENT
1.
Rideau
Lakes possesses many areas which are special or unique. Some of these areas
are of value because of the natural environment while others are special in
relation to built form. It shall be a policy of this Plan that development be
undertaken in a manner which is sympathetic and complementary to the natural
and built contextual environment in which it is to occur. Development shall,
to the extent possible, be designed so as to maintain, fit into and take advantage
of the natural, scenic and historic character of individual sites and their
environs. Some of the strategies to achieve this objective in the context of
site planning, lot design, road layout and construction include:
1.
Massing
of buildings and structures so as not to dominate the natural landscape,
particularly in areas of high potential impact such as narrow waterways or
areas with scenic vistas. Similarly, in areas such as villages and hamlets or
in the vicinity of lock stations where the preservation of the heritage value
of the built environment is the dominant concern, development should complement
the character of existing buildings, structures and the surrounding landscape.
Where appropriate, the Township shall circulate development applications to
Parks Canada and/or the Local Architectural Conservation Advisory Committee
(LACAC).
2.
Retaining
as much natural vegetation as possible, as well as reinstating vegetative
buffers that are disturbed or destroyed, particularly where they abut shorelines,
roads or adjacent sensitive land uses. Priority shall be given to the use of
native species of vegetation.
3.
Maintaining
a minimum 15-metre strip of substantially undisturbed and naturally-vegetated
area abutting the length of the shoreline on waterfront properties, subject to
limited allowance for water-related structures such as docks, pump houses and
boathouses. This strip will contribute to protecting the riparian and littoral
zones and their associated habitat, prevent erosion, siltation and nutrient
migration, and assist in maintaining the natural appearance of the shoreline
area. The strip will form part of the 30-metre minimum water setback required
pursuant to the Waterfront Development Policies section of this Plan and
is intended to ensure the protection of the most environmentally-sensitive
portion of the setback area. Parks Canada and the relevant Conservation
Authority shall be circulated development applications, as applicable.
4.
Through
the site plan process, ensuring wherever possible that buildings and structures
along the shoreline, including marine facilities, do not generally occupy more
than 25% of the water frontage of any lot, provided that this provision shall
not apply to public uses, resorts or marina facilities and similar uses that
require a functional relationship to the water.
5.
Preserving
natural land forms and contours, particularly when undertaking grading or site
alteration.
6.
Attempting
to implement a “dark skies” policy, where practical, in relation to lighting on
public roads, parks and on private property, in order to minimize light
pollution and spill-over.
7.
Selecting
storm water management approaches that maximize natural infiltration and
minimize runoff, both during and after construction. The relevant Conservation
Authority shall be consulted.
2 The
foregoing shall be implemented through the capital works program, the planning
application process, appropriate zoning and other by-laws, as well as site
plan, subdivision and other agreements.
3. It
is recognized that other elements such as architectural style and building
cladding and colour are important components in the design of development that
is sensitive to and reinforces the contextual environment. To the extent that
the legislation provides for controls such as those pursuant to the Heritage
Act, as well as through the Township’s support for the development and
distribution of appropriate design guidelines by relevant agencies and
organizations, the Township will endeavour to encourage development that complements
its surroundings.
4. The
Township shall encourage property owners to consult with Parks Canada and the
relevant Conservation Authority, as applicable, prior to filing planning
applications in order that the principles of environmentally-sensitive development
may be incorporated into development proposals at an early stage in the
planning process.
2.7 COMMUNITY
IMPROVEMENT
1.
It
is Council’s goal to maintain, rehabilitate and upgrade the physical
environment in order to enhance the Township as an attractive place in which to
live, work and recreate in, as well as visit as a tourist or business
traveller.
2.
In
order to achieve this goal, it is Council’s intention to implement a program of
community improvements, as defined in the Planning Act, which will
fulfil the following objectives.
1.
Throughout
the Township, to foster improvements by:
1.
Establishing
and maintaining the physical infrastructure which is necessary and appropriate
for the various areas and land uses, including storm drainage, roads, lighting,
community facilities, etc.;
2.
Encouraging
property owners to take pride in the appearance of their own property and
Township lands in general.
2.
In
village and hamlet areas, to foster improvements by:
1.
Striving
for an equitable distribution of social amenities to serve various parts of the
Township in facilities which are well maintained, well located, and easily
accessible;
2.
Ensuring
the maintenance of the existing housing stock and encouraging the
rehabilitation, renovation and repair of older dwellings;
3.
Maintaining
attractive village and hamlet areas with the necessary physical attributes to
create pleasant, easily accessible local service areas;
4.
Providing
incentives in support of villages and hamlets to foster a healthy local
economy for area business persons;
5.
Ensuring
that proposed changes (additions, alterations, etc.) to existing businesses
generally enhance the area and are compatible with adjacent land uses;
6.
Encouraging
the participation of the private sector in community improvement initiatives by
involving local merchants, business persons, residents, and civic leaders;
7.
Ensuring
that the undertaking of specific community improvement projects does not unduly
burden the financial capability of the Township; and
8.
Ensuring
that when undertaking community improvement projects due regard is given to
compatibility with neighbouring land uses.
3.
The
areas designated as Village and Hamlet on the Schedules to this Plan are the
Community Improvement Policy Areas of the Township of Rideau Lakes. They include
many of the historical settlement areas of the Township.
The areas
so designated were identified on the basis of the criteria listed in the
following section of the Plan.
Council will undertake various improvement programs
within the Policy Areas, as financial resources permit and as local support of
residents and the business community dictate.
4.
The
Community Improvement Policy Areas were designated on the basis of an
evaluation of available municipal services and community facilities using the
criteria which follow. The designated areas require improvements with respect
to some or all of the following matters:
1.
The
availability and/or adequacy of municipal services, including storm drainage,
sanitary sewage, water services, roads and lighting;
2.
The
availability and/or adequacy of parks and recreation facilities within
individual villages and hamlets and for the Township as a whole;
3.
Compatibility
of neighbouring land uses;
4.
Physical
amenities, including buffering between incompatible land uses and streetscaping
elements within villages and hamlets;
5.
The
condition of the existing building stock.
5.
Council
may establish community improvement project areas, as local municipal resources
allow and as government funding becomes available. Council recognizes that
improvements will be undertaken gradually and that it will be necessary to
select project areas on a priority basis. The following considerations shall
be taken into account in determining high priority areas for community
improvement:
1.
The
level of deterioration of municipal infrastructure;
2.
The
function of the village or hamlet to the Township in terms of serving local
shopping, employment and social and cultural needs;
3.
The
existing or potential significance of the village or hamlet area in relation to
serving tourism-based economic development objectives.
6.
In
order to achieve the objectives for community improvement, Council intends to
use a variety of implementation techniques and to choose the appropriate
technique(s) for each improvement initiative. Such techniques may include, but
are not limited to, the following:
1.
Preparation
and adoption of community improvement plans;
2.
Designation
of community improvement project areas by by-law;
3.
Application
to the appropriate government agencies for funds to support the Township’s
programs;
4.
Municipal
acquisition of land within the community improvement project area(s) and the
clearing, grading or preparing of the land for community improvement;
5.
Enforcement
of by-laws dealing with property maintenance and enforcing the Township’s
policies for property maintenance and occupancy;
6.
Preparation
and adoption of an appropriate comprehensive Zoning By-law;
7.
Encouraging
private sector rehabilitation by providing residents and the business community
with information on available government subsidies and programs;
8.
Entering
into public-private partnerships in order to realize the development of
community improvement initiatives; and
9.
Providing
the framework for more flexible planning decisions by establishing zoning
regulations which encourage both residential and commercial infill and a broad
range of land uses within village and hamlet areas.
2.9 SPECIAL RESIDENTIAL USES
2.9.1 Garden
Suites
Garden
suites are single dwellings that are designed to be portable in nature and
ancillary to a principal residential dwelling. Garden suites are intended as
housing for those who are generally capable of living independently but who, by
virtue of their age or a disability require the support of others to live on
their own.
This Plan
shall allow the establishment of a garden suite on any lot upon which a single-detached
dwelling is a permitted use, subject to the adoption of a site-specific
temporary use Zoning By-law amendment in accordance with the relevant
provisions of the Planning Act. In considering a request for a Zoning
By-law amendment, the Township shall consider whether or not the increased
intensity of use that would result from the garden suite can be adequately
addressed in the proposal. In this regard, the applicant shall be required to
demonstrate that the garden suite can be sited in accordance with applicable
zoning standards, that sewage and water services will be adequate and that
there will be no unacceptable impacts on adjacent land uses.
It is the
intent of this Plan that a garden suite shall be removed from a lot at such
time as it is no longer required to accommodate the occupant for whom it was
originally erected.
2.9.2 Group Homes
A group
home is defined as a single housekeeping unit in a residential dwelling in
which three to ten residents, excluding the staff or receiving family, live
together under responsible supervision consistent with the requirements of its
residents. The group home shall generally be licensed or approved under
Provincial Statute and shall be in compliance with Municipal by-laws. The
following policies shall apply to the establishment of group homes.
1.
Group
homes shall be permitted in single-detached dwellings in any designation in
which a single-detached dwelling is permitted.
2.
No
person shall operate, or permit to operate, a group home without registering
the group home with the Township Clerk in accordance with the requirements of
the Township’s Group Home Registration By-law, if any.
3.
In
order to prevent an undue concentration of group homes in the Township,
standards requiring a minimum distance separation between group homes may be
incorporated in the implementing Zoning By-law, but shall generally be limited
to a minimum of 500 metres between any two group homes, such distance to be
measured from the closest points of the two properties at the property line.
4.
Group
homes existing on the date that the Zoning By-law comes into effect but which
do not comply with the requirements of the By-law will be allowed to continue
their operations but will not be permitted to expand unless such expansion
complies with the provisions of the Zoning By-law.
2.10 PUBLIC AND INSTITUTIONAL
USES
1.
Except
as provided elsewhere in this Plan, public utilities and other public,
community, institutional or quasi-institutional uses which provide services
such as education, government, hospitals, protection to persons or property,
electricity, roads, airports, railways, wired and wireless telephone, gas,
cable, but excluding waste disposal, to the general public shall be permitted
in all land use designations on the Schedules provided that:
1.
Such
use is necessary in the area, that it can be made compatible with its
surroundings, and that adequate measures are taken to ensure that proposed
sensitive land uses such as residences, day care centres and educational and
health facilities satisfy the policies of the Land Use Compatibility
section of this Plan;
2.
Such
use shall not be permitted within the significant portions of the habitat of
endangered or threatened species;
3.
Such
use shall not be permitted within the Agricultural designation except where
there is a demonstrated need for additional land to be designated to
accommodate the proposed use and no reasonable alternative location either
outside the designation or within the designation but on lands having a lower
Canada Land Inventory soil capability rating;
4.
The
construction of permanent buildings and structures shall be prohibited in any
areas which are designated Natural Heritage A. The construction of permanent
buildings and structures may be permitted within the Natural Heritage B
designation subject to the provisions of the Environmental Impact
Assessments section of this Plan. In the case of the Natural Hazard
designation, the construction of permanent buildings and structures shall only
be permitted in consultation with the relevant Conservation Authority;
5.
The
general intent of the policies of this Plan, as well as its Site Plan Control
requirements, shall be satisfied;
6.
The
requirements of applicable legislation such as the Environmental Assessment
Act shall be satisfied.
2.
Notwithstanding
the power of Federal, Provincial and County agencies or local Boards as defined
in the Planning Act to undertake public works by authority granted under
other statutes, Council shall endeavour to ensure that such development will
follow the general intent of this Plan and will be compatible with the type,
quality and character of the development in the area in which it is proposed.
3.
Public
and institutional uses shall be encouraged to locate within or near lands
designated Village and Hamlet, except where the characteristics of such uses
would clearly be incompatible with surrounding land uses.
2.11 PARKS,
TRAILS AND RECREATIONAL FACILITIES
1.
Parks,
trails and recreational facilities shall generally be permitted in all land use
designations. Where active parks or active recreational facilities are
proposed within the Agricultural designation, however, they shall only be
permitted if there is a demonstrated need for additional land to be designated
to accommodate the proposed use and no reasonable alternative location either
outside the designation or within the designation but on lands having a lower
Canada Land Inventory soil capability rating.
2.
It
is the Township’s intention to provide park and recreation facilities on a
basis consistent with the needs of the Municipality and to cooperate with
public, quasi-public and private interests in the provision of parks, trails
and recreational facilities.
3.
The
Township may request the dedication of parkland or cash-in-lieu thereof as a
condition of the approval of planning applications, pursuant to the provisions
of the Planning Act.
4.
In
the development of parks, trails and recreational facilities by the Township or
other public agencies, adequate parking areas shall be provided and facilities
such as ramps and walkways to enable persons with disabilities to reach
amenities and facilities shall be provided where possible.
5.
The
Township views the development of recreational trail systems as an important
resource providing opportunities for outdoor leisure and recreation, tourism
and interpretation of the natural environment. In this regard, the Township is
highly supportive of initiatives aimed at the improvement and expansion of the
Cataraqui Trail (TransCanada Trail) and the Rideau Trail systems, including
efforts to provide linkages between trail systems and adjacent villages and
hamlets.
6.
In
reviewing development applications for lands abutting or adjacent to parks,
trails and recreational facilities, the approval authority shall have regard to
proposed land uses and their physical relationship. The Township shall
encourage uses that are complementary and shall attempt to ensure that site
layout and design is appropriate to the preservation and enhancement of the
park, trail or recreational facility. Parks Canada and the relevant
Conservation Authority shall be consulted, as appropriate.
2.12 CROWN
AND CONSERVATION LANDS
1.
Crown
and conservation lands include lands under Federal jurisdiction and managed by
Parks Canada, those under Provincial jurisdiction and managed by the Ministry
of Natural Resources, and those managed by Conservation Authorities. In
addition, some conservation lands are owned or managed by non-profit
organizations. Crown and conservation lands are of major importance to the Township
for their value as natural and cultural heritage resources, as well as
recreational and tourist resources that generate significant economic benefits.
2.
Where
a change to either the type or intensity of land use on crown or conservation
lands is contemplated, Parks Canada, the Ministry of Natural Resources, the
relevant Conservation Authority or other organization, as applicable, are
encouraged to consult with the Township prior to such change occurring.
Similarly, where any consideration to the possibility of disposing of
significant holdings of crown or conservation lands is given, consultation with
the Township at the outset is expected.
3.
Where
development or site alteration is proposed adjacent to crown or conservation
lands, the Township shall consult with Parks Canada, the Ministry of Natural
Resources or the relevant Conservation Authority, as applicable.
2.13 WAYSIDE
PITS, WAYSIDE QUARRIES AND PORTABLE ASPHALT PLANTS
1.
A
wayside pit or wayside quarry is a temporary pit or quarry opened and used by
or for a public authority solely for the purpose of a particular project or
contract of road construction or maintenance.
A portable
asphalt plant is an asphalt plant which is not of permanent construction, but
which is to be dismantled at the completion of a construction project and moved
to another location at the conclusion of the project for which it was
constructed.
2.
Wayside
pits, wayside quarries and portable asphalt plants used on public authority
contracts are permitted throughout the Township without amendments to the Plan
or the Zoning By-law or development permits under the Planning Act,
except in those areas designated as Natural Heritage A, Natural Heritage B,
Natural Hazard or Village and Hamlet, or other areas characterized by concentrated
existing development or environmental sensitivity that is incompatible with
extraction and associated activities.
3.
Lands
used for the purposes of wayside pits, wayside quarries and portable asphalt
plants shall be rehabilitated upon the completion of the project for which they
were required. In the case of lands designated as Agriculture, this shall
include restoration to substantially the same soil capability for agricultural
purposes as existed prior to the establishment of the wayside pit, wayside quarry
or portable asphalt plant use.
2.14 USES
NOT CONTEMPLATED BY PLAN
1.
It
shall be a policy of this Plan that any proposed new development which would
introduce a land use, different from those uses described in this Plan in terms
of scale, purpose or nature, and neither envisioned nor contemplated by
Council, shall be subject to detailed land use and environmental impact
studies, and any other studies deemed necessary by Council. Such studies will
be conducted at the proponent’s expense. The intent of this policy is to place
the onus on the proponent to demonstrate that the introduction of a new use
into the community would not be to the detriment of the Township’s economic,
social, cultural, environmental and financial base, would not have an adverse impact
on municipal services, and would not require additional municipal or community
services.
2.
In
addition, Council will encourage the proponent of such a use to consult
informally with the public to provide information concerning the proposed
development, as well as to obtain public input, prior to the submission of a
formal application.
3.
Any
new use not contemplated by this Plan shall only be permitted through an
Official Plan amendment.
2.15 EXISTING
LAND USES
There
are a number of existing land uses which are non-conforming or non-complying.
A non-conforming land use is a use which is not included as a permitted use for
the zone in which the use is located, pursuant to the Zoning By-law that
implements this Plan.
A
non-complying use is a use which is included in the permitted uses for the zone
in which the use is located, pursuant to the Zoning By-law that implements this
Plan, but which does not meet one or more performance standards of the zone
such as those relating to yards or water setback.
2.15.1 Changes
to Non-Conforming Uses and Extensions or Enlargements
Any land
use which is non-conforming should cease to exist in the long term. In special
instances, however, it may be desirable to permit changes to non-conforming
uses or extensions or enlargements of non-conforming uses in order to avoid
unnecessary hardship.
Applications for changes to non-conforming uses or
enlargements or extensions to such uses shall only be considered where the use
was: Legally-established prior to the adoption of the Zoning By-law which
rendered it non-conforming; continuous in nature since the use’s establishment;
and, located on lands owned and used in connection with the use on the day the
Zoning By-law was passed. In considering applications, the following criteria
shall be applied:
1.
Any
proposed change of use or extension or enlargement of the existing
non-conforming use shall not aggravate the situation created by the existence
of the use, especially in regard to the policies of this Plan and the
requirements of the Zoning By-law applying to the area.
2.
Any
proposed extension or enlargement shall be in an appropriate proportion to the
existing size of the non-conforming use.
3.
The
characteristics of the proposed non-conforming use or any proposed extension or
enlargement of the existing non-conforming use shall be examined with regard to
noise, vibration, fumes, smoke, dust, odours, lighting and traffic generation.
Applications which would create or aggravate land use incompatibilities shall
not be approved.
4.
Neighbouring
conforming uses will be protected, where necessary, by the provision of areas
for landscaping, buffering or screening, appropriate setbacks for buildings and
structures, devices and measures to reduce nuisances and, where necessary, by
regulations for alleviating adverse effects caused by outside storage,
lighting, advertising signs, etc.
5.
Traffic
and parking conditions in the vicinity will not be adversely affected by the
proposal and traffic hazards will be kept to a minimum by appropriate design of
ingress and egress points to and from the site and by improvement of sight
lines especially in proximity to intersections.
6.
Adequate
provisions have been or will be made for off-street parking and loading
facilities.
7.
Services
such as storm drainage, roads and private sewer and water services are adequate
or can be made adequate.
2.15.2 Minor
Variances
Where
existing or proposed uses that conform to the use provisions of the Zoning
By-law implementing this Plan are non-complying with respect to performance
standards, the Committee of Adjustment may authorize minor variances from the
provisions of the implementing Zoning By-law provided that the general intent
and purpose of the Official Plan and Zoning By-law are maintained and that the
variances are minor and desirable for the appropriate development of the lands.
2.16 ROAD
ACCESS
1.
A
year-round, publicly-maintained road represents the optimal means of providing
access to properties from the perspective of convenience, safety and general
welfare of users. The Township views public road access as the preferred form
of access to properties and it will normally be required in order for
development to proceed.
2.
Some
isolated non-waterfront uses related to agriculture, forestry, conservation and
mineral resource exploitation have historically obtained access by private
roads. Agriculture, forestry, mineral resource and conservation uses not
having an accessory dwelling or any building or significant structure to which
the public has access may continue to be developed on the basis of private road
or water access.
3. Notwithstanding the
Township’s preference for public road access, there is a long-standing,
widespread tradition of waterfront development occurring with access by private
road. Additionally, some island and remote waterfront properties have been
developed on the basis of water access only. A limited amount of future
waterfront development in existing waterfront areas is permitted to occur with
access by private road or water, subject to the policies as set out in this
section and, in accordance with the Private Roads and Consent
Policies sections of the Plan:
1.
Such
development shall occur either within, or as an extension to, an existing
waterfront area.
2.
The
Township is committed to maintaining its current “best efforts” policy with
respect to existing and new waterfront development on private roads. Where
access to dwellings is provided by private roads, municipal services such as
snow ploughing or road maintenance and improvement are neither available nor
the responsibility of the Township. In some cases, other public services such
as school bussing and protection to persons/property from services including
police, fire and ambulance may be unavailable or limited in nature, due to private
road-related
physical
constraints over which the Township has no control. Constraints such as
substandard private road right-of-way or platform width, geometry or alignment
issues, steep grades, drainage inadequacies, load limitations, overhanging
vegetation, lack of a stable surface treatment or a simple failure by property
owners to undertake adequate routine maintenance and snow removal all
contribute to a potential inability of the Township to provide various
services, despite its best efforts to do so. In short, the Township has no
control over private roads and shall not assume any liability where development
occurs on private roads.
3.
Sometimes,
the expectations of property owners with respect to such matters as roads and
services are directly related to the level of investment in the property and
the intensity of use to which properties are put. The Township seeks to do
what it can to foster a realistic understanding of the limitations to services
and road maintenance and improvement for properties with access by private
roads. Where requested, the Township shall provide input to property owners
responsible for private roads with respect to accessibility issues and
potential areas of road improvement.
4.
Where
waterfront residential dwellings secure their vehicular access by private
roads, it is of considerable importance that property owners recognize their
individual and collective responsibilities with respect to undertaking adequate
maintenance and improvement of such roads. The Township encourages property
owners to formalize policies and processes for such activities, and to develop
both ongoing maintenance and long term improvement plans that are consistent
with evolving local traffic and dwelling use/occupancy trends. In this way,
they may be able to mitigate some of the limitations on services that are
typically associated with properties located on private roads.
5.
The
Township shall recognize
the limitations to services within waterfront residential areas accessed by
water or private roads through the mechanism of an appropriate Residential zone
in the Zoning By-law which implements this Plan. Additionally, the Township
may employ appropriate municipal agreements which may be registered on title.
2.17 LAND USE COMPATIBILITY
2.17.1 Development
Adjacent to Mineral Resource Designations or Operations
1.
It
is a policy of this Plan that existing or potential mineral aggregate and
mining operations will be protected from activities that would preclude or
hinder their establishment, expansion or continued use or which would be
incompatible for reasons of public health, public safety or environmental
impact. For this reason, the development of sensitive land uses such as
residences, day care centres and educational and health facilities within the
influence area of existing pits and quarries and lands that are designated
Mineral Resource shall be permitted only if it can be demonstrated that all
issues relating to public health, public safety and environmental impacts can
be addressed through setbacks or other mitigation measures without precluding
the use of, or access to, the mineral resource.
2.
For
policy purposes, influence areas in relation to pits range from 150 to 300
metres, depending upon the licence classification of the pit, as well as whether
the pit excavation extends above or below the water table. The influence area
is 150 metres for pits above the water table, and 300 metres for pits below the
water table. The influence area in relation to quarries is 500 metres. The
influence area in relation to lands designated Mineral Resource on the basis of
mineral aggregate resources is 300 metres or 500 metres, depending on whether
the aggregate is likely to be extracted from a pit or a quarry, respectively.
Development which would preclude or hinder the establishment of new operations
or access to the resources will only be permitted if:
1.
Resource
use would not be feasible due to qualitative, quantitative or other
constraints; or
2.
The
proposed land uses or development serves a greater long term public interest;
and
3.
Issues
of public health, public safety and environmental impact can be addressed.
Land use
compatibility studies shall be required in relation to any proposal to develop
lands within the influence area of an existing pit or quarry and lands that are
designated Mineral Resource on the basis of mineral aggregate resources.
2.17.2 Development
Where Agricultural and Non-Agricultural Uses are Adjacent
It is a
policy of this Plan to address land use compatibility issues related to non-agricultural
and agricultural uses through the application of the Minimum Distance
Separation I (MDSI) and Minimum Distance Separation II (MDSII) formulae, as may
be amended from time to time, to new non-agricultural uses and agricultural
uses, respectively.
2.17.3 Development
Adjacent to Open or Closed Waste Disposal Sites and Sewage Treatment Facilities
1.
The
approximate locations of all known open and closed waste disposal sites and
sewage treatment facilities are identified on the Schedules to this Plan.
2.
Waste
disposal sites, whether open or closed, have the potential to generate impacts
on the surrounding area related to such issues as air and water quality,
aesthetics, noise and traffic. For policy purposes, the influence area of a
waste disposal site is 500 metres. A land use compatibility study shall be
required in relation to any proposal to develop new sensitive land uses such
as residences, day care centres, educational and health facilities and other
uses requiring potable water within the influence area. The study shall be
prepared in accordance with the relevant Ministry of the Environment D-series
land use compatibility guideline.
3.
Sewage
treatment facilities such as waste stabilization ponds and sewage treatment
plants have the potential to generate impacts on the surrounding area related
to such issues as air and water quality, aesthetics, noise and traffic.
Consequently, separation distances between sewage treatment facilities and new
sensitive land uses such as residences, day care centres, educational and
health facilities and other uses requiring potable water are normally
required. The minimum separation distance for a sewage treatment plant shall
be 100 metres, however, this distance may be increased or decreased as a
consequence of site-specific investigations and conditions, as well as the
application of the relevant Ministry of the Environment D-series land use
compatibility guideline. For waste stabilization ponds the recommended
separation distance varies from 100 to 400 metres or more, depending upon the
type of pond and characteristics of the waste.
4.
The
implementing Zoning By-law shall include provisions to prohibit the
establishment of new incompatible uses within the influence area of waste
disposal sites or within the recommended separation distance for sewage
treatment facilities.
2.17.4 Other
Land Use Compatibility Policies
1.
It
is a policy of this Plan to minimize conflicts between incompatible land uses.
To this end, distance separations and buffering will be provided for the
purpose of mitigating the adverse effects of one land use upon the other. A
buffer may be a simple horizontal separation, a berm, a wall, a fence, planting
materials, a land use different from the conflicting uses, but compatible with
both, or any combination of the aforementioned sufficient to accomplish the
intended purpose. This policy shall be implemented through various provisions
in the implementing Zoning By-law, as well as the mechanism of Site Plan
Control, as appropriate.
2.
In
addition, certain land uses such as residences, day care centres and
educational and health facilities may be particularly sensitive to the effects
of odour, noise, vibration and other emissions associated with facilities such
as transportation corridors and various types of industries. Where proposed
development is likely either to have or to be subject to a significant
influence relating to an adjacent incompatible land use, a feasibility study
which includes mitigation measures shall be undertaken in accordance with the
relevant Ministry of the Environment D-series land use compatibility guideline
and to the satisfaction of the Township. Where required, a legally-binding
commitment to implement mitigation measures shall be secured.
2.18 CULTURAL HERITAGE AND ARCHAEOLOGICAL
RESOURCES
2.18.1 Cultural
Heritage Resources
1.
Built
or cultural heritage resources consist of historic buildings, structures and
other human-made features of importance to the Township. The Township’s
villages, hamlets and lock stations possess many examples of important sites
and features. Cultural heritage landscapes are geographic areas which have
been created or modified through human activity and include such features as
scenic vistas or lookouts onto archetypal cottaging and shoreline areas. Among
other areas, there are numerous narrow water bodies on the Rideau Waterway
worthy of particular preservation efforts. The Township recognizes the
importance of these built heritage resources and cultural heritage landscapes
and the role that they play in making the Township a place of historic and
cultural interest, both to local residents and visitors to the area. The
Township will encourage the identification, protection, maintenance,
restoration and enhancement of these features.
2.
An
important heritage feature that is managed by Parks Canada is the Rideau Canal
National Historic Site of Canada. Also, there is a wider area of land known as
the Rideau Canal Corridor that is not under the jurisdiction of Parks Canada.
The Rideau Canal Corridor’s physical and historical attributes are closely tied
to the canal and form a key part of many of the Township’s major lakes. The Rideau
Canal Management Plan identifies the Township portion of the canal corridor
as significant for a range of features. These include the traditional cottage
country development exemplified by the Rideau Lakes, the numerous historic
villages, hamlets and lock stations such as Chaffey’s Lock, several
provincially-significant wetlands and areas of natural and scientific interest
(ANSIs). The Management Plan also recognizes the area’s potential as a
tourism destination, subject to protecting the interests of local residents and
the natural and cultural heritage value of the area.
3.
In
reviewing development applications, the Township will consider the relationship
of proposed development to the contextual environment of existing buildings and
landscapes having cultural heritage interest, having regard to the Environmentally-Sensitive
Development and other relevant sections of this Plan. The Ministry of
Culture, as well as Parks Canada and the relevant Conservation Authority will
be consulted, as appropriate. New development will be planned so as to
preserve, complement and enhance cultural heritage resources.
4.
The
Township shall seek the advice of the Local Architectural Conservation Advisory
Committee (LACAC) to assist and advise Council on cultural heritage resource
conservation issues. Council, in consultation with the LACAC, may, by by-law
adopted pursuant to the provisions of the Ontario Heritage Act:
1.
Designate
properties for the conservation of buildings of historic or architectural
value;
2.
Define
parts of the Township as areas to be studied for designation as heritage
conservation districts;
3.
Designate
areas of the Township as heritage conservation districts in order to control
any development that may adversely affect the heritage features of the area.
5.
Council,
in co-operation with the LACAC, may also implement a program to recognize
outstanding achievements in the preservation of buildings and properties of
historic or architectural value.
2.18.2 Archaeological Resources
1.
It
is recognized that certain areas of the Township, particularly those adjacent
to the many lakes, rivers and watercourses, have the potential to contain
significant archaeological resources. These resources may include the remains
of buildings, structures, activities, places or cultural features which, due to
the passage of time, are on or below the surface of land or water and are
significant to the understanding of a people or place. Some of these resources
are of particular interest as they may provide an enhanced understanding of the
history of First Nations peoples, the early settlement of the Township and the
construction of the Rideau Canal. It is a policy of the Plan that any
development within 250 metres of a known archaeological site and within 300
metres of a water source will be subject to an evaluation process to the
satisfaction of the Ministry of Culture. Such evaluation shall consider
design, history, context and integrity among other matters. Where significant
archaeological resources are found, the evaluation must contain mitigation
measures relating to their preservation or removal.
2.
Where
significant archaeological resources must be preserved on site, only
development and site alterations which maintain the heritage integrity of the
site will be permitted.
3.
Pursuant
to the relevant provisions of the Planning Act, sites containing
significant archaeological resources may be zoned to restrict or prohibit uses,
buildings or structures which might conflict with the preservation of such
resources.
4.
When
an identified marked or unmarked cemetery is affected by development, the
Township shall ensure that adequate archaeological site assessment is
undertaken, in consultation with the Ministry of Culture and the Ministry of
Consumer and Business Services. The provisions of the Cemeteries Act
and Heritage Act shall apply, as appropriate.
5.
Pursuant
to the provisions of a municipal-provincial data sharing agreement, the
Township shall update municipal mapping for new archaeological sites as they
are identified through land development and on the Provincial archaeological
sites database.
2.19 NATURAL
HAZARD FEATURES
2.19.1 Flood
Plains and Lands Within Fill Lines
1.
The
areas within existing mapped 1:100 year flood lines are designated as Natural
Hazard on the Schedules and are subject to the policies of the associated Natural
Hazard section of this Plan.
2.
Lands
situated between 1:100 year flood lines and the limits of fill lines shown on
the Schedules are subject to the Fill, Construction and Alterations to
Waterways Regulations administered by the relevant Conservation
Authorities. While these lands are designated for various land uses, no
buildings or structures shall be constructed or enlarged, and no development or
site alteration such as filling, grading and excavating shall occur without the
written permission of the relevant Conservation Authority in accordance with
its Fill, Construction and Alterations to Waterways Regulations, as well
as the approval of Parks Canada and the Ministry of Natural Resources, where
applicable.
3.
Notwithstanding
the foregoing, institutional uses, essential emergency services and the
disposal, manufacture, treatment or storage of hazardous substances shall not
be permitted on lands located within the limits of the fill line.
4.
It
is recognized that while 1:100 year flood line mapping for the Township is
limited, maximum recorded water elevations for lakes along the Rideau Canal
have been recorded by Parks Canada. These elevations provide an indicator of
potential flood risk. Accordingly, the approval authority shall circulate
planning applications for all waterfront development to the relevant
Conservation Authority in order to ensure that proposed lots and development
are not subject to significant flood risk.
2.19.2 Organic
Soils
1.
Where
lands that are the subject of development proposals have been identified as
potentially possessing organic soils as shown on the Schedules, the approval
authority may request sufficient soils and geotechnical engineering information
to indicate that the lands are either suitable or can be made suitable for
development.
2.
Notwithstanding
the foregoing, institutional uses, essential emergency services and the
disposal, manufacture, treatment or storage of hazardous substances shall not
be permitted on lands with organic soils unless it can be demonstrated that the
constraint can be overcome such that no potential hazard exists.
2.19.3 Steep
Slopes
1.
While
lands characterized by steep slopes can pose risks to persons and property as a
result of potential slope instability or erosion, in Rideau Lakes steep slopes
are generally more associated with concerns related to the protection of matters
addressed in the Natural Heritage Features and Surface Water Quality
and Quantity sections of this Plan. Development on steep slopes can have
significant negative impacts on features such as fish and wildlife habitat,
soils and vegetation, surface water quantity and quality, wetlands and ANSIs.
In addition, development on steep slopes is sometimes associated with the
degradation of scenic vistas and other resources discussed in the Cultural
Heritage Resources and Environmentally-Sensitive Development
sections of the Plan.
2.
Sites
possessing steep slopes represent a challenge, since they are often regarded as
desirable for development, particularly where they abut water bodies. Lot
creation or development on a portion of a site having a slope equal to or
greater than 30% or within 10 metres of the top of such slope shall require the
submission of a geotechnical report to ensure that the property is suitable for
development. Such report shall be to the satisfaction of the approval
authority and the relevant Conservation Authority.
3.
It
is a policy of this Plan that lot creation and development and site alteration
shall be undertaken so that a fit into the natural contours of the land is
achieved. This will affect the massing and location of buildings, structures,
driveways and other features, limit the extent of alteration to the landscape
and natural vegetation, and necessitate more complex storm water management
techniques than might ordinarily be required. In general, the greater the
slope, the more emphasis shall be placed on these elements of site development.
2.20 HUMAN-MADE
HAZARD FEATURES
2.20.1 Contaminated
Sites
1. Where a development
application is made in relation to a known, suspected or potentially
contaminated site or property adjacent to such site, the approval authority
shall not grant any planning approvals until:
1.
A
Record of Site Condition signed by a certified engineer and acknowledged by the
Ministry of the Environment is received; and
2.
If
necessary, a site clean-up plan is designed and the site is cleaned up in
accordance with applicable Ministry of the Environment decommissioning
guidelines.
2. The Township will develop
an inventory of sites where current or past uses may have, or are known to
have, contributed to the presence of contaminants.
2.20.2 Abandoned
Mines and Mineral Resource Operations
1. There are a number of
abandoned mines and mineral resource operations in the Township and known
locations are identified on the Schedules. The greatest concentration of such
sites is in North Crosby and South Burgess Wards, although some sites exist in
other parts of the Township. These abandoned sites vary widely in nature, from
little more than minor ground disturbances to major excavations and/or shafts.
In the case of more major disturbances, a risk to public safety may exist.
2. In reviewing development
applications, the approval authority shall attempt to ensure that development
on or adjacent to lands affected by potentially hazardous abandoned mines or
mineral resource operations will be permitted only if rehabilitation measures
to address and mitigate known or suspected hazards are underway or completed.
The Ministry of Northern Development and Mines shall be consulted in this
regard.
2.21 NATURAL HERITAGE FEATURES
Natural
heritage features include wetlands, areas of natural and scientific interest
(ANSIs), fish habitat, wildlife habitat, woodlands, valleylands and portions of
the habitat of endangered and threatened species. These features are important
to the unique rural character and diversity of the natural environment found in
the Township and possess or perform ecological functions. While all natural
heritage features are important to the Township, some have been identified as
having Provincial significance. In addition, in the Rideau Canal Management
Plan, Parks Canada has identified a particular interest in natural heritage
features and the conservation of the ecological values of the Rideau Canal
Corridor.
The
policies of this Plan are intended to address the requirements which must be
met in order to ensure that natural heritage features are adequately
protected. These policies may be amended from time to time as additional
information is gathered with respect to the significance or sensitivity of
various natural heritage features.
Established
agricultural uses ongoing at the date of adoption of this Plan are permitted to
continue in or adjacent to all natural heritage features and areas, but new or
expanded agricultural buildings or structures or the clearing or draining of
additional lands are only permitted subject to the Environmental Impact
Assessments section of this Plan.
2.21.1 Wetlands
and Adjacent Lands
1.
Provincially-significant
wetlands have been designated as Natural Heritage A on the Schedules and are
subject to the policies of the associated Natural Heritage A section of
this Plan, which effectively prohibits development and site alteration within
the designation.
2.
Locally-significant
wetlands have been designated as Natural Heritage B on the Schedules and are
subject to the policies of the associated Natural Heritage B section of
this Plan.
3.
Development
and site alteration such as filling, grading and excavating on lands adjacent
to the Natural Heritage A and Natural Heritage B designations may be permitted
in accordance with the land use designation applying to the adjacent lands as
shown on the Schedules, subject to demonstrating that there will be no negative
impacts on the wetland’s natural features or ecological functions. An environmental
impact assessment will be required in accordance with the requirements of the Environmental
Impact Assessments section of this Plan.
4.
For
the purposes of determining adjacent lands, they shall be those lands lying
within 120 metres of any provincially-significant wetland and within 50 metres
of any locally-significant wetland.
2.21.2 Areas
of Natural and Scientific Interest (ANSIs) and Adjacent Lands
1.
Provincially-significant
areas of natural and scientific interest (ANSIs) have been designated as Natural
Heritage B on the Schedules and are subject to the policies of the associated Natural
Heritage B section of this Plan.
2.
Development
and site alteration such as filling, grading and excavating on lands within or
adjacent to the Natural Heritage B designation may be permitted in accordance
with the land use designation applying to the adjacent lands as shown on the
Schedules, subject to demonstrating that there will be no negative impacts on
the ANSI’s natural features or ecological functions. An environmental impact
assessment will be required in accordance with the requirements of the Environmental
Impact Assessments section of this Plan.
3.
For
the purposes of determining adjacent lands, they shall be those lands lying
within 50 metres of any provincially-significant ANSI.
2.21.3 Fish
Habitat and Adjacent Lands
1.
The
spawning grounds and nursery, rearing, food supply and migration areas on which
fish depend directly or indirectly in order to carry out their life processes
constitute fish habitat. Fish resources have large value to the Township for
their vital role in the food chain, their contribution to the diversity of
species, their function as a natural water quality indicator, as well as their
role in providing recreational sport fishing opportunities and associated
economic benefits. As a consequence, and given the major significance of water
bodies to the history, present character and future of the area, the Township
has considerable interest in protecting fish habitat from harmful alteration, disruption
and destruction.
2.
Most
of the Township lakes, rivers, streams, ponds, watercourses and wetlands that
provide fish habitat have been identified by the Ministry of Natural
Resources. This fish habitat is, however, too extensive to identify on the Schedules.
Consequently, all applications for development or site alteration such as
filling, grading and excavating adjacent to any water body will be screened by
the approval authority for the presence of fish habitat. Where such fish
habitat is identified, no significant development or site alteration shall be
permitted within 30 metres of the habitat, unless it can be demonstrated that
there will be no negative impacts. Negative impacts include the harmful
alteration, disruption or destruction of fish habitat, except where authorized
under the Fisheries Act, using the guiding principle of no net loss of
productive capacity. An environmental impact assessment will be required in
accordance with the requirements of the Environmental Impact Assessments
section of this Plan.
3.
Where
development or site alteration may potentially affect fish habitat, the
Department of Fisheries and Oceans or the relevant Conservation Authority, as
well as Parks Canada where applicable, shall be consulted and required approvals
obtained.
4.
It
is recognized that storm water management and drainage measures, although
frequently located some distance from fish habitat, have significant potential
to affect it. When evaluating storm water and drainage activities,
consideration shall be given to potential impacts upon fish habitat.
2.21.4 Wildlife
Habitat and Adjacent Lands
1. The
Township recognizes the importance of conserving wildlife habitat for the
purposes of maintaining the ecosystem and its diversity. Additionally, many
social and economic benefits accrue from maintaining habitat, related to
tourism, nature observation and education, hunting and trapping.
2. Wildlife habitat includes
areas where flora and fauna live and the latter find food, shelter and physical
space sufficient to sustain their population, particularly at times during
their annual life cycle when they may be more vulnerable. Human activities
such as clearing of wooded areas, drainage works, filling, forestry operations,
introduction of non-native species and road construction are examples of
activities that can have a detrimental effect on wildlife habitat.
3.
Winter
deer habitat is one indicator that is frequently used by the Ministry of
Natural Resources as a guide to areas of significant wildlife habitat. Unfortunately,
mapping for significant wildlife habitat is not currently available and,
therefore, habitat is not shown on the Schedules to the Plan. As mapping or
other information from various public or private sources becomes available with
respect to winter deer habitat or other significant wildlife habitat, this Plan
shall be amended to identify it on the Schedules. Until such information is
incorporated into the Plan, the Township shall rely on the best available data
at hand to screen planning applications for the presence of potentially
significant wildlife habitat.
4.
In
view of the limitations with respect to information availability concerning
significant wildlife habitat, as well as the generally acknowledged strong
ecological linkages between wetland areas and wildlife habitat, this Plan
assumes that all wetlands constitute significant wildlife habitat.
Accordingly, the Plan includes robust policy protection for all evaluated
wetlands. Policies included in this regard include a general prohibition on
development within any provincially-significant wetland and permitting
development within any locally-significant wetland only if it can be
demonstrated that no negative impacts will result through an environmental
impact assessment completed in accordance with the requirements of the Environmental
Impact Assessments section of this Plan.
5.
The
Township seeks to preserve the function of significant wildlife habitat without
unduly restricting development. Accordingly, prior to permitting any development
or site alteration such as filling, grading and excavating within a potentially
significant wildlife habitat area or adjacent lands within 50 metres where
there is a reasonable potential for negative impacts upon the natural features
or ecological functions of the habitat area, the approval authority shall
require an environmental impact assessment demonstrating that no negative
impacts will result. Without limiting the generality of the foregoing, the
preparation of an environmental impact assessment shall be a prerequisite to
the consideration of any development comprising more than three lots. The
assessment required pursuant to this policy will be completed in accordance
with the requirements of the Environmental Impact Assessments section of
this Plan.
2.21.5 Endangered and Threatened
Species Habitat and Adjacent Lands
1. At
the time of the preparation of this Plan, both loggerhead shrike and black rat
snake have been identified as endangered and threatened species, respectively,
that are present in the Township. The Township policy with respect to these
and other endangered or threatened species that may be identified by the
Ministry of Natural Resources is as follows:
1.
Endangered
and threatened species habitat shall not be identified on the Schedules to this
Plan in order to protect the species.
2.
Where
the development review process in relation to a proposal for development or
site alterations such as filling, grading or excavating confirms the existence
of such habitat, no development or site alterations shall be permitted in
significant portions of the habitat. The amount of habitat required for the
survival of endangered and threatened species is determined on a
species-specific, case-by-case basis. Development may be permitted on adjacent
lands within 50 metres of the significant habitat, subject to the completion of
an environmental impact assessment to the satisfaction of the approval
authority which identifies that there will not be any negative impact on the
habitat. The assessment required pursuant to this policy will be completed in
accordance with the requirements of the Environmental Impact Assessments
section of this Plan.
3.
When
any new endangered or threatened species habitat is identified in the Township,
the Ministry of Natural Resources shall be contacted to develop a mutually
acceptable process to be implemented for the protection of the species.
2.21.6 Woodlands
and Adjacent Lands
1.
Rideau
Lakes possesses extensive, large, contiguous woodland areas, the vast bulk of
which are located within the Canadian Shield in the west and north portions of
the Township. These areas provide many environmental and economic benefits.
Ecological functions include contributions to water quality and quantity by
decreasing storm water runoff, soil erosion, flooding, and also removing
nutrients, sediments and toxins. Woodlands provide important habitat that is
essential to the survival of many species of wildlife, including certain
endangered or threatened species, as well as contributing to improved fish
habitat. Finally, woodland areas contribute to the forest-covered character of
much of the Township and its appeal as a recreation and tourist destination.
2.
Given
the overall extent of large woodland areas in Rideau Lakes, the fact that the
bulk of these areas are located within the Canadian Shield and the lack of
information with respect to which woodlands may be provincially-significant by
virtue of factors such as their large size, ecological importance, uniqueness
or economic or social value, no significant woodland areas have been identified
on the Schedules to this Plan. Accordingly, for portions of the Township lying
to the east of the Canadian Shield, prior to permitting development or site
alteration such as filling, grading and excavating within a woodland area or
adjacent lands within 50 metres where there is a reasonable potential for
negative impacts upon the natural features or ecological functions of the area,
the approval authority shall require an environmental impact assessment demonstrating
that no negative impacts will result. Without limiting the generality of the
foregoing, the preparation of an environmental impact assessment shall be a
prerequisite to the consideration of any development comprising more than three
lots in or adjacent to potentially-significant woodland areas. The assessment
required pursuant to this policy will be completed in accordance with the
requirements of the Environmental Impact Assessments section of this
Plan.
3.
As
information from various public or private sources becomes available with
respect to provincially-significant woodlands to the east of the Canadian
Shield, this Plan shall be amended to identify them on the Schedules. In the
interim, the Township shall use the best available information for the purposes
of screening for potentially-significant woodland areas.
2.21.7 Environmental
Impact Assessments
1.
Potential
negative impacts on the identified natural heritage feature or area will be
examined through a process of environmental impact assessment, conducted on a
case-by-case basis, prior to the approval of development. In certain cases, the
requirements for an environmental impact assessment may be satisfied through
the completion of an environmental screening checklist submitted to the
approval authority as part of a planning application. The purpose of the
checklist will be to provide a screening of the likelihood of negative impacts.
2.
Subsequent
to the review of the checklist by the approval authority, an environmental
impact study, prepared by a qualified individual, may be required in order to
assess the potential negative impacts on the natural features and ecological
functions of the area in question. Such environmental impact study shall be
required prior to the consideration of the planning application by the approval
authority.
3.
An
environmental impact study shall:
1.
Define
the nature and the boundaries of any significant features, ecological
functions, and values on, or adjacent to the site.
2.
Describe
and map the proposed development activities, including building location,
excavation, site grading, landscaping, drainage works, roadway construction,
paving, sewage and water servicing in relation to the various environmental
considerations.
3.
Predict
the effects of the proposed development on the various components of the
environment on and adjacent to the site, such as wildlife, fish, vegetation,
soil, surface water, ground water, air and any other relevant factors, taking
into consideration effects during and after site alteration.
4.
Evaluate
the significance of all predicted negative and positive effects on the various
environmental considerations.
5.
Itemize
and recommend all measures that can be taken to reduce or mitigate the
predicted negative impacts.
6.
Evaluate
the cumulative effect that the project (and any other known projects or
activities) may have following implementation of any mitigation measures on the
natural features and ecological functions identified for protection.
7.
Conclude
with a professional opinion on whether negative effects on the natural features
and ecological functions will occur, the significance of such impacts, and
whether ongoing monitoring is required.
4. The approval authority
may use various planning controls such as site-specific zoning provisions or
site plan control to ensure that development and site alterations occur in
accordance with the environmental impact study recommendations.
5. In reviewing
environmental impact assessment submissions, the approval authority will
consult with independent professionals and other bodies such as the relevant
Conservation Authority, as required.
2.22 GROUND
WATER SUPPLY, SEWAGE DISPOSAL AND OTHER SERVICES
2.22.1 Ground
Water Supply and Sewage Disposal
1.
Except
in relation to specific developments on the periphery of the Town of Smiths
Falls, there are no municipal piped water or sewage services available in the
Township. It is unlikely that such services will be provided, except on an
isolated basis, in the foreseeable future. Communal water and sewage servicing
options are potentially of some interest to the Township, as they would
accommodate certain more intense forms of development that place heavier
demands on sewage and water services, such as residential projects consisting
of more than five units or lots served by common sewage and/or water systems.
It is recognized, however, that current technologies and implications for
municipal responsibility for communal systems resulting from Provincial policy
requirements render this servicing option problematic for both land owners and
the Municipality. As a consequence, it is anticipated that most new
development will continue to occur on the basis of private on-site water supply
and sewage disposal services in accordance with the requirements of the
approval authority having jurisdiction. In addition, a small quantity of
residential development consisting of commonly–serviced projects of five or
less residential units or lots may be permitted. Finally, the Township may
consider the approval of residential development proposals of more than five
residential units or lots serviced with communal services, subject to the
proponent fully satisfying all financial, technical and other requirements of
the Township and other relevant approval authorities. These requirements shall
include a responsibility agreement with the Township or other public body, as
well as financial security to ensure that all capital and operational costs
associated with the communal services will not create a financial burden for
the Township in the event of default by the owner-operator of the services.
2. The protection of ground
water quality and quantity is of major interest to the Township, given the
importance of ground water source potable water to permanent residential
development, as well as all commercial and industrial uses and institutions.
The United Counties of Leeds and Grenville has recently completed the Groundwater
Management Study to assess existing ground water conditions and recommend
management and protection practices to maintain the quantity and quality of the
ground water resource in order to protect it as a safe supply of potable water
for current and future generations. The study identified a significant ground
water/surface water relationship in the Township in that lakes may act as
regional recharge to bedrock aquifers. This relationship underscores the
importance of implementing policies relating to the protection of surface water
quality.
3. The determination of site
suitability for proposed sewage disposal systems and the environmental
sustainability of development (i.e. long term protection of ground water) are
important considerations in development. Required servicing reports such as
hydrogeological investigations, terrain analyses, impact assessments and servicing
options reports shall be provided to the satisfaction of the approval
authority, including the relevant approval authority for water supply and
sewage disposal systems. Where requested by the Township, such investigations,
analyses and reports may be required in relation to small-scale development
proposals involving a single lot, as well as larger scale development proposals
such as plans of subdivision.
4. The minimum lot size for
development shall be in accordance with the requirements of this Plan and the
implementing Zoning By-law, although the approval authority may require larger
lots or impose special conditions or restrictions on development where deemed
necessary to address health, safety or other issues related to the proper
functioning of water and sewage services.
5. The Township will
encourage the regular maintenance of sewage disposal systems and the upgrading
or replacement of substandard systems. Where the upgrading or replacement of
an existing system cannot reasonably be undertaken in compliance with the
policies of this Plan with respect to water setbacks due to site-specific
constraints, such sewage system improvements may be permitted with reduced
setbacks, subject to meeting the requirements of the Building Code Act.
6. The Township will monitor
the development of alternative sewage system technologies. Individual
treatment systems designed to improve effluent quality, as well as small
communal systems, may have significant implications for retrofit situations on
existing single lots and more intense cluster development forms, respectively.
The Township will review its servicing and development policies as required to
accommodate new technologies and development forms.
2.22.2 Other
Services
Development
shall be encouraged to take place in villages and hamlets where other services
are either already available or can be readily provided. Among others, such
services may include but are not limited to public roads, waste collection,
disposal and recycling, fire protection, police protection, ambulance service,
education, school bussing and parks and other recreational facilities.
2.23 SURFACE
WATER QUALITY AND QUANTITY
2.23.1 Development
Adjacent to Water Bodies
1. In addition to the
policies of the Fish Habitat and Adjacent Lands section of this Plan,
which are aimed at protecting fish habitat, the Township has a direct concern
with the issue of surface water quality impacts related to water-oriented
development, whether located directly on the waterfront of the Township’s lakes
and rivers, or adjacent to these water bodies. Further, it is recognized that
there is a relationship between surface water and ground water quality.
2.
Over
the years, various research has been undertaken with respect to the issue of
surface water quality and lake capacity, including the Rideau Lakes Basin
Carrying Capacities and Proposed Shoreline Development Policies report of
1992. Various sections of this Plan incorporate policies implementing
recommendations of this research in recognition of the importance of providing
sustainable recreation, tourism and other water-oriented opportunities.
Policies to address lake capacity, water setback and water frontage issues are
detailed in the Waterfront Development Policies section of this Plan.
2.23.2 Storm
Water Management
1.
Storm
water management is an important part of the Township’s broader interest in
protecting water quality. Due to the fact that development affects the quality
and quantity of storm run-off, the Township will ensure that adequate consideration
is given to storm water management, including off-site impacts.
2.
The
Rideau Valley Conservation Authority has recently produced a plan for the Tay
River watershed which documents the condition of the watershed and pinpoints
areas requiring further attention. It is expected that similar plans will be
prepared for other area watersheds and sub-watersheds and the Township supports
this work. The Township will have regard to the Tay River Watershed Plan
and any future watershed plans that may be prepared, as well as relevant
guidelines of the Ministry of the Environment, in establishing and revising
storm water design criteria and standards.
3.
Prior
to recommending plans of subdivision for draft approval, the Township may
request that storm water concept plans be prepared for review by the relevant
Conservation Authority and approval authorities. The concept plan will include
a statement of the design objectives to be applied and a description of the
storm water management practices to be applied, in accordance with the relevant
Provincial policies. Applicants are encouraged to consult with the approval
authority and the relevant Conservation Authority prior to submitting a draft
plan of subdivision.
4.
Prior
to final approval of plans of subdivision, detailed storm water design plans
will be required. Such plans will be prepared in accordance with the
requirements of the relevant Conservation Authority and approval authorities.
Design criteria will be based upon methods and procedures contained in the relevant
Provincial planning and design manuals used by these agencies.
5.
The
Township will evaluate site plans according to an approved storm water design
plan, or where no such plan exists, may request the following:
1. A
design for the provision of storm water drainage facilities;
2. A
determination of the impact of the development on the receiving watercourse or
storm water management facility, both during and after construction, in respect
of flooding, pollution, erosion, and sedimentation; and
3. Measures
for mitigating any adverse impacts if such are likely to result from the
proposed development.
6. Development
applications having potential impacts on the storm drainage
system along County Roads or Provincial highways shall be
circulated to the County Engineer or the Ministry of Transportation,
as applicable.
SECTION
3 LAND USE POLICIES
3.1 INTRODUCTION
The
Township of Rideau Lakes shall be developed in accordance with the land use
pattern shown on the Land Use and Roads Plans, attached as Schedules A1, A2,
A3, A4 and A5 to this Plan. The Schedules establish the pattern of development
in very general terms by dividing the Township into seven land use
designations:
Agriculture
Mineral
Resource
Natural
Heritage A
Natural
Heritage B
Natural
Hazard
Rural
Village
and Hamlet
The
policies governing the use of the lands within these designations, as shown on
the Schedules, are contained in this section of the Plan, but should be read in
conjunction with all other sections of the Plan. Particular regard should be
had to the General Development Policies section of this Plan which sets
out various policies which apply to development, regardless of the land use
designation in which it is situated. Among other matters, a number of the
policies contained in the General Development Policies section relate to
considerations that must be addressed in undertaking development or site
alteration due to the existence of various on-site or adjacent area features,
constraints, existing uses or land use designations.
In
addition, certain Public and Institutional uses may be permitted in land use
designations, in accordance with the policies of this Plan dealing with Public
and Institutional Uses.
3.2 AGRICULTURE
3.2.1 Intent
of the Designation
The
Agriculture designation has been placed on prime agricultural areas which are
predominantly characterized by soils designated as Classes 1 to 3
in the
Canada Land Inventory for Agricultural Capability. The Township intends that
these lands will be protected and preserved for agricultural uses.
3.2.2 Permitted Uses
Lands
designated as Agriculture shall be used primarily for the growing of crops,
including nursery and horticultural crops, the raising of livestock and other
animals for food or fur, including poultry and fish, aquaculture, apiaries,
agroforestry, maple syrup production, and associated on-farm buildings and
structures.
In
addition, small-scale commercial and industrial uses providing
agriculture-related services and supplies and that require location in close
proximity to farm operations shall be permitted uses. These uses typically
include a farm implement dealer, a feed mill or seed cleaning plant, an
agricultural produce warehouse, an abattoir or similar agri-business. Such
uses shall also include agriculture-related tourist commercial uses and
agri-tourism uses.
A dwelling
accessory to any of the foregoing uses and located on the same lot shall be
permitted. Residential accommodation for farm employees may also be permitted
on the same lot, subject to the provisions of the Zoning By-law. Farm-related
residential uses on separate lots shall be permitted, subject to the policies
of the Agriculture designation and the section of the Plan dealing with Land
Division.
3.2.3 Policies
1.
All
new farm and non-farm development shall comply with the Minimum Distance
Separation I (MDSI) and Minimum Distance Separation II (MDSII), as may be
amended from time to time, as applicable.
2.
The
Township encourages the preparation and practice of nutrient management
planning and best management practices by all nutrient generators and users.
3.
In
evaluating an amendment to the Official Plan to change the designation from
Agriculture to another designation, the Township shall be satisfied that there
is a demonstrated need for the proposed use for which the amendment is sought
and that it cannot reasonably be located on lands outside the Agriculture
designation or on lands within the Agriculture designation with a lower
agricultural capability. In the case of proposed expansions of rural
settlement areas such as villages and hamlets onto lands designated
Agriculture, it must also be demonstrated that the Township does not have
sufficient lands already designated Village and Hamlet to accommodate projected
growth.
4.
Within
the Agriculture designation, there may be small pockets of land which are only
marginally productive or of a lower potential for agriculture due to their
size, shape, topography, soil, class, drainage or other characteristics. These
limitations shall not, however, constitute justification for an Official Plan
amendment to a non-agricultural designation. The use of such pockets for uses
permitted in the Agriculture designation that do not require sites with high
potential for agriculture, such as commercial and industrial uses providing
agriculture-related services and supplies, shall be encouraged.
5.
Lot
creation within the Agriculture designation shall generally be discouraged. In
addition to the policies of this Plan relating to Land Division, lot
creation in the Agriculture designation shall be subject to the following
provisions:
1.
New
lots for agricultural uses shall be of a size appropriate to the type of
agriculture common in the area and to allow flexibility for future changes to
the type of agricultural operation.
2.
New
lots for residential uses shall be permitted in the following circumstances:
1.
A
full-time farmer of retirement age who is retiring from active working life,
was farming on January 1, 1994, who has owned and operated the farming operation
for a considerable length of time and who wishes to retain one lot for his
personal use upon retirement;
2.
A
situation where one of two or more dwellings built prior to 1978 is surplus to
the farm or where a dwelling has become surplus as a result of a farm
consolidation;
3.
Residential
infilling between two existing non-farm dwellings located on lots of similar
size on the same side of the road, situated not more than 100 metres apart.
Such new
residential lots shall be limited to the minimum size required to accommodate a
dwelling and private sewage and water services and in general shall not be more
than 1 hectare in area, except where site-specific factors such as the setback
of an existing dwelling from the adjacent public road require the creation of a
larger lot.
3.2.4 Special
Exception Areas
(Reserved)
3.3 MINERAL
RESOURCE
3.3.1 Intent
of the Designation
The
importance of mineral aggregates and minerals and their protection for long
term use is recognized through the Mineral Resource designation. The
designation has been applied on the basis of information on the extent of
resources and existing operations supplied by the Ministry of Natural Resources
and the Ministry of Northern Development and Mines. The most significant
aggregate is granite, while the most significant mineral is graphite. Good
sources of sand and gravel are scarce.
In certain
cases, areas having mineral aggregate or mineral potential have been excluded
from the Mineral Resource designation due to contextual considerations such as
proximity to natural heritage features such as wetlands and ANSIs, existing
incompatible land uses or the shorelines of water bodies.
In some
areas designated Mineral Resource on the basis of the extent of potential
mineral resources, non-mineral development may occur, provided that the
Ministry of Northern Development and Mines and the Township have determined
that such development would not compromise objectives with respect to mineral
resource protection and extraction.
In certain
areas designated Mineral Resource, there are soils designated as Classes 1 to 3
in the Canada Land Inventory for Agricultural Capability. It is the intent of
the Plan that agricultural activities can occur in the Mineral Resource
designation, but that the long term protection of the mineral resource should
take precedence.
It is also
the intent of this Plan that where lands designated Mineral Resource have a
soil capability rating such that Classes 1 to 3 soils predominate, mineral
aggregate and mineral mining operations be conducted in such a manner so as to
allow, where feasible, for the subsequent agricultural use of such lands.
It is
recognized that the Township may have potential for other mineral commodities
not currently identified. It is Council’s intention that these important
mineral resources will be protected for long term use.
3.3.2 Permitted
Uses
The
aggregate-related uses permitted include pits and quarries, as well as all
associated facilities used in extraction, transport, beneficiation, processing
or recycling of mineral aggregate, or the production of secondary related
products. These uses include crushing facilities, stockpiles, washing and
screening operations, asphalt plants, concrete plants and aggregate transfer
stations.
The
mineral-related uses permitted include open pit and underground mining
operations and associated facilities such as milling operations.
Land uses
such as agriculture, forestry, conservation and outdoor recreation uses shall
be permitted, provided that such uses shall not generally include buildings or
activities that would preclude or hinder the establishment of new mineral
mining or mineral aggregate operations or access to mineral resources.
Development proposals for other land uses may be permitted in accordance with
the Rural section of this Plan, subject to the agreement of the Ministry
of Northern Development and Mines and the Township.
3.3.3 Policies
1.
On
lands designated Mineral Resource, the area to be zoned and licensed for a pit
or quarry must be located within the limits of the designated area. Any
expansion proposal involving lands beyond the limits of the designated area
will require an amendment to this Plan.
2.
Existing
licensed pits and quarries and other existing mineral resource operations will
be zoned in the Zoning By-law to permit such uses. New operations, as well as
expansions to existing operations will be established through an amendment to
the Zoning By-law. As part of the documentation in support of an application
for a Zoning By-law amendment to accommodate new operations or significant
expansions, the Township may require the applicant to undertake studies to
address the social, economic, environmental and other potential impacts of the
proposal.
3.
Lands
within the Mineral Resource designation that are not zoned for mineral
aggregate or mineral mining operations shall be placed in an appropriate zone
category in the Zoning By-law which will allow rurally-oriented uses, but which
will not allow sensitive land uses such as residences, day care centres and
educational and health facilities within the influence area of existing mineral
aggregate and mining operations. Influence areas in relation to pits are 150
or 300 metres, depending upon the licence classification of the pit, as well as
whether the pit excavation extends above or below the water table. The
influence area in relation to quarries is 500 metres.
4.
All
pit and quarry operations shall be licensed by the Ministry of Natural
Resources under the Aggregate Resources Act.
5.
Access
to mineral aggregate or mineral mining operations shall be encouraged to be
located on Provincial highways or County roads, wherever possible. Where
access is to be obtained from a Township road, it must be of an adequate
standard of construction to support the anticipated truck traffic.
6.
An
application for an amendment to the Official Plan to change the designation
from Mineral Resource to another designation shall be supported by a report
which demonstrates that:
1. A
mineral resource use would not be feasible due to qualitative, quantitative or
other constraints; or
2. The
proposed use serves a greater long term public interest; and
3. All
issues related to public health and safety, as well as environmental impact,
can be addressed; and
4. The
proposed redesignation shall not preclude the potential to use adjacent lands
designated Mineral Resource for mineral or mineral aggregate extraction.
7.
Mineral
aggregate operations shall be required to undertake progressive rehabilitation
to accommodate subsequent land uses. Where such operations are located on
lands with soils designated as Classes 1 to 3 in the Canada Land Inventory for
Agricultural Capability, site rehabilitation shall be carried out whereby
substantially the same areas and average soil capability for agriculture is
restored. Complete agricultural rehabilitation will be required except where
there is a substantial quantity of mineral aggregates below the water table,
the depth of planned extraction makes restoration of agricultural capability
not feasible, other potential alternative mineral resource extraction locations
have been considered and found unsuitable, or agricultural rehabilitation in
remaining areas will be maximized.
8.
Mineral
mining operations, including associated processing facilities, shall undertake
rehabilitation, including progressive rehabilitation where feasible, to
accommodate subsequent land uses.
9.
In
evaluating an amendment to the Official Plan to change the designation of lands
to Mineral Resource from another designation, the Township shall require the
applicant to provide sufficient information to evaluate the application,
including the following:
1.
The
type and location of neighbouring land uses, having regard to land use
compatibility;
2.
The
location and adequacy of proposed access routes, any proposed improvements and
the traffic flow and volume;
3.
Proposed
operational plans and site plans for extraction activities;
4.
Potential
sources and sensitive receptors of noise, dust and vibration;
5.
Hydrogeology
and surface water quality and quantity, predicted changes and sensitivity to
such changes;
6.
The
location of natural heritage features and ecological functions, their type,
value and sensitivity to change;
7.
The
presence of archaeological remains or cultural heritage; and
8.
Mitigation
measures.
10.
It
is a policy of this Plan that existing sensitive land uses such as residences,
day care centres and educational and health facilities shall be protected from
the establishment of new mineral aggregate and mining operations or expansions
where such establishment or expansion would be incompatible for reasons of
public health, public safety or environmental impact. Influence areas in
relation to pits are 150 or 300 metres, depending upon the licence
classification of the pit, as well as whether the pit excavation extends above
or below the water table. The influence area in relation to quarries is 500
metres.
11.
All
planning applications within the Mineral Resource designation shall be
circulated to the Ministry of Northern Development and Mines. Subject to the
agreement of the Ministry and the Township, development for purposes not
related to mineral resources may be permitted on certain lands designated
Mineral Resource in accordance with the provisions of the Rural designation,
provided that such lands are not designated on the basis of aggregate reserves
or licensed for a pit or quarry under the Aggregate Resources Act.
3.3.4 Special
Exception Areas
(Reserved)
3.4 NATURAL
HERITAGE A
3.4.1 Intent
of the Designation
Our
natural heritage consists of a variety of features and areas which are
important for their environmental and social value. These features and areas
include wetlands, areas of natural and scientific interest (ANSIs), fish
habitat, wildlife habitat and the habitat of endangered and threatened
species. Some of these features and areas are considered particularly
significant by the Province of Ontario and/or the Township. The Natural
Heritage A designation is assigned to provincially-significant wetlands in
order to protect them from any development or site alteration.
Wetlands
are those lands which are seasonally or permanently covered by shallow water,
as well as lands where the water table is close to or at the surface. In
either case the presence of abundant water has caused the formation of hydric
soils and has favoured the dominance of either hydrophytic plants or
water-tolerant plants. Periodically soaked or wet lands being used for
agricultural purposes which no longer exhibit wetland characteristics are not
considered to be wetlands for the purposes of this definition. The four major
types of wetlands are swamps, marshes, bogs and fens. Wetlands are important
for their role in the recharge and discharge of groundwater, water quality
improvement, flood and erosion damage reduction, wildlife habitat and
recreational and tourism opportunities such as hunting, fishing, bird watching,
hiking and boating.
While the 1997
Provincial Policy Statement provides that under certain circumstances
development and site alteration may occur in wetlands within the limits of the
Canadian Shield, the Township has chosen to adopt a more restrictive approach
which effectively prohibits such activities. This more restrictive approach
reflects the Township’s commitment to the protection of these important natural
environments.
Certain
portions of provincially-significant wetlands designated as Natural Heritage A
in this Plan include lands which are also areas of natural and scientific
interest (ANSIs). ANSIs are areas of land and water with natural landscapes or
features that have been identified as having scientific value worthy of
protection or study or related to education. ANSIs are important since they
represent the full spectrum of biological communities and natural landforms and
environments across the Province. In general, ANSIs are designated Natural
Heritage B by this Plan, except where they are geographically coincident with
provincially-significant wetlands, in which case they are designated Natural
Heritage A in recognition of the more restrictive policies of the latter
designation.
Similarly,
other portions of provincially-significant wetlands designated as Natural
Heritage A in this Plan include lands within 1:100 year flood lines, as mapped
by the Conservation Authorities. While, in general, flood plain lands are
designated Natural Hazard by this Plan, where they are geographically
coincident with provincially-significant wetlands, they are designated Natural
Heritage A to reflect the more restrictive policy environment of the latter
designation.
Some
wetland areas have been evaluated by the Ministry of Natural Resources, but not
deemed provincially-significant. These wetlands are not included in the
Natural Heritage A designation, but rather are considered as locally-significant
and are designated Natural Heritage B.
Other
natural heritage features such as fish habitat, wildlife habitat, endangered
and threatened species habitat and woodlands are discussed in the section of
this Plan dealing with Natural Heritage Features. While not included in
the Natural Heritage A designation for policy or practical reasons, such
features are nevertheless considered significant. Policies relating to fish
habitat, wildlife habitat and endangered and threatened species habitat are
included in the Natural Heritage Features section, as are policies
relating to development on lands adjacent to wetlands and ANSIs which are
designated either Natural Heritage A or Natural Heritage B.
3.4.2 Permitted
Uses
The
permitted uses include only those related to conservation, wildlife management
and outdoor recreation activities that do not require alteration to the natural
features. Minor buildings or structures relating to these uses and which are
designed to minimize impacts on the natural features and functions of the area
may be permitted subject to the provisions of the Environmental Impact
Assessments section of this Plan.
3.4.3 Policies
1. Development
or site alteration such as filling, grading and excavating shall be prohibited
within the Natural Heritage A designation.
2. Development
or site alteration such as filling, grading and excavating may be permitted on
lands adjacent to the Natural Heritage A designation, subject to the provisions
of the Natural Heritage Features section of this Plan, and having
specific regard to the Environmental Impact Assessments section.
Adjacent lands means those lands within 120 metres of the Natural Heritage A
designation.
3. Where land designated as
Natural Heritage A is held under private ownership, there is no implication
that the land is open to the general public or that it will be acquired by any
public agency.
4. Established agricultural
uses ongoing at the date of adoption of this Plan are permitted to continue in
or adjacent to the Natural Heritage A designation, but new or expanded
agricultural buildings or structures or the clearing or draining of additional
lands are only permitted subject to the Environmental Impact Assessments
section of this Plan. In no case shall new agricultural buildings or
structures be permitted within the Natural Heritage A designation.
3.4.4 Special
Exception Areas
(Reserved)
3.5 NATURAL
HERITAGE B
3.5.1 Intent
of the Designation
Our
natural heritage consists of a variety of features and areas which are
important for their environmental and social value. These features and areas
include wetlands, areas of natural and scientific interest (ANSIs), fish
habitat, wildlife habitat and the habitat of endangered and threatened
species. Some of these features and areas are considered particularly
significant by the Province of Ontario and/or the Township. The Natural
Heritage B designation is assigned to areas of natural and scientific interest
(ANSIs) and locally-significant wetlands in order to protect them from
development or site alteration, unless it can be demonstrated that there will
be no negative impacts on the natural features or ecological functions for
which the area is identified.
Locally-significant wetlands are those wetlands
which have been evaluated by the Ministry of Natural Resources but which have
not been deemed provincially-significant.
ANSIs are
areas of land and water with natural landscapes or features that have been
identified as having scientific value worthy of protection or study or related
to education. ANSIs are important since they represent the full spectrum of
biological communities and natural landforms and environments across the
Province.
ANSIs that
have been deemed provincially-significant by the Ministry of Natural Resources
are included in the Natural Heritage B designation.
Subject to
the undertaking of an Environmental Impact Study in accordance with the
provisions of the Environmental Impact Assessments section of this Plan,
development and site alteration may be permitted to occur within the Natural
Heritage B designation.
Other
natural heritage features such as fish habitat, wildlife habitat, endangered
and threatened species habitat and woodlands are discussed in the section of
this Plan dealing with Natural Heritage Features. While not included in
the Natural Heritage A or B designations for policy or practical reasons, such
features are nevertheless considered significant. Policies relating to fish
habitat, wildlife habitat and endangered and threatened species habitat are
included in the Natural Heritage Features section, as are policies
relating to development on lands adjacent to wetlands and ANSIs which are
designated either Natural Heritage A or Natural Heritage B.
3.5.2 Permitted
Uses
The
permitted uses shall generally include only those related to conservation,
wildlife management and outdoor recreation activities that do not require
alteration to the natural features. Buildings or structures relating to these
uses may be permitted subject to the provisions of the Environmental Impact
Assessments section of this Plan.
Uses
permitted in the Rural designation may also be permitted subject to the
provisions of the Environmental Impact Assessments section of this Plan.
3.5.3 Policies
1.
Development
or site alteration such as filling, grading and excavating shall not generally
be permitted within the Natural Heritage B designation. Development or site
alteration may be permitted, subject to the Environmental Impact Assessments
section of this Plan and an amendment to the Zoning By-law.
2.
Development
or site alteration such as filling, grading and excavating may be permitted on
lands adjacent to the Natural Heritage B designation, subject to the provisions
of the Natural Heritage Features and Environmental Impact Assessments
sections of this Plan. Adjacent lands means those lands within 50 m of the
Natural Heritage B designation.
3.
Where
land designated as Natural Heritage B is held under private ownership, there is
no implication that the land is open to the general public or that it will be
acquired by any public agency.
4.
Established
agricultural uses ongoing at the date of adoption of this Plan are permitted to
continue in or adjacent to the Natural Heritage B designation, but new or
expanded agricultural buildings or structures or the clearing or draining of
additional lands are only permitted subject to the Environmental Impact
Assessments section of this Plan.
3.5.4 Special
Exception Areas
(Reserved)
3.6 NATURAL
HAZARD
3.6.1 Intent
of the Designation
Natural
Hazard lands are lands which could be unsafe for development because of their
physical characteristics and which pose a potential risk for loss of life,
property damage, and social disruption if developed. All lands within 1:100
year flood lines, as mapped by the Conservation Authorities, are designated as
Natural Hazard on the Schedules. Generally, it is intended that no development
occur in the designation.
Steep
slopes and organic soils as identified in the Canada Land Inventory also have
the potential to constitute a natural hazard and are discussed in the section
of this Plan dealing with Natural Hazard Features. Policies relating to
steep slopes and organic soils are included in the Natural Hazard Features section,
as are policies relating to development on lands adjacent to flood plains and
situated between 1:100 year flood lines and the limits of fill lines.
Generally speaking, lands exhibiting steep slopes, organic soils or which are
located between the flood and fill lines pose constraints to development which,
with appropriate engineering, may be overcome. Accordingly, such lands will
not normally be included in the Natural Hazard designation.
3.6.2 Permitted
Uses
The permitted uses of the Natural Hazard
designation include those related to agriculture, forestry, conservation,
wildlife management and outdoor recreation activities. Buildings or structures
associated with these uses shall not be permitted within the Natural Hazard
designation. It is recognized that Natural Hazard lands are to be managed so
as to complement adjacent land uses and protect them from any physical hazards
or their effects.
No
development is permitted other than flood or erosion control structures,
shoreline stabilization, water intake facilities and minor recreational
facilities such as docks, all as approved by the appropriate approval
authorities, such as Parks Canada, the Ministry of Natural Resources and the
relevant Conservation Authority.
3.6.3 Policies
1. The
boundaries of the Natural Hazard designation as shown on the Schedules will be
used as a guide for the preparation of Zoning By-law provisions which will
implement the policies of this section. Building setbacks will be imposed from
the margin of Natural Hazard land related to the extent or severity of the
hazard. No new lots shall be created that lie solely in areas susceptible to
flood hazards or that cause adverse impacts on upstream or downstream lands.
In accordance with Provincial policies, all relevant policies of this Plan, the
Conservation Authorities Act and the Fill, Construction and
Alteration to Waterways Regulations, no buildings or structures except
those related to flood and erosion control shall be constructed or enlarged,
and no other development or site alteration shall be permitted, except as
approved by the relevant Conservation Authority.
2. Although lands adjacent
to the Natural Hazard designation within the fill line shown on the Schedules
are designated for various land uses, no buildings or structures shall be
constructed or enlarged, and no development or site alteration such as filling,
grading and excavating shall occur without the written permission of the
relevant Conservation Authority, in accordance with its Fill, Construction
and Alterations to Waterways Regulations.
3. Where land designated
Natural Hazard is held under private ownership, there is no implication that
the land is open to the general public or that it will be acquired by any
public agency. Further, prior to the consideration of re-designating Natural
Hazard lands, the proponent must show that all of the following can be
achieved:
1. New
hazards are not created and existing hazards are not aggravated;
2. No
adverse environmental impacts will result;
3. Vehicles
and people have a way of safely entering and exiting the area during times of
flooding, erosion and other emergencies; and
4. The
proposed development does not include institutional uses or essential emergency
services or the storage of hazardous substances.
There is
no public obligation, however, either to redesignate or to purchase any land if
there is an existing or potential hazard that would be difficult or costly to
overcome.
4. Where
development is proposed on a site, part of which has physical or environmental
hazards, then such land shall not necessarily be acceptable as part of the
required parkland dedication under the Planning Act. All lands
dedicated to the Township shall be conveyed in a physical condition
satisfactory to the Township. Where an open watercourse is involved, adequate
space shall be provided for maintenance and operation.
5. The
Township shall encourage the owners of existing development to address
potential hazards in accordance with the policies of this Plan. Specifically,
buildings that are located within a 1:100 year flood plain or below the maximum
recorded water level along the Rideau Canal should provide floodproofing
protection for such buildings and any proposed additions in consultation with
the relevant Conservation Authority.
6. Currently, only the 1:100
year flood and fill lines for Upper Beverley Lake and Lower Beverley Lake have
been mapped. Where new or additional 1:100 year flood plain mapping is
undertaken, it shall be incorporated into this Plan by amendment.
3.6.4 Special Exception Areas
(Reserved)
3.7 RURAL
3.7.1 Intent of the Designation
The lands
designated Rural represent the bulk of lands within the Township and include a
wide variety of land types and activities at a relatively low density. These
lands are characterized by their historical role in accommodating the farm and
rural communities, as well as recreational uses. The intent of this Plan is to
retain the rural and recreational flavour of Rural lands while providing for a
modest amount of compatible and orderly new development. While a limited
amount of commercial and industrial development is contemplated in the Rural
designation, the overall amount of development permitted will be consistent
with the retention of the natural and cultural heritage and landscapes of lands
within the designation, including maintenance of both its characteristic
tree-covered and large open areas.
Lands
designated Rural on the periphery of the Town of Smiths Falls have historically
exhibited a more concentrated pattern of development than other Rural areas.
It is anticipated that these peripheral areas will continue to be the focus of
greater development interest than Rural lands in general. Relative to other
areas in the Township which share the Rural designation, the Township
recognizes the reality of more concentrated and compact development in the
peripheral areas that is based upon their proximity to an urban centre of
regional significance, while at the same time is sensitive to the constraints
to development posed by reliance on private services.
3.7.2 Permitted Uses
Within the
Rural area, a variety of land uses shall be permitted including those uses
permitted in the Agriculture designation, forestry, conservation, various
outdoor recreational uses and commercial, industrial and residential uses,
subject to the following use-specific policies.
3.7.3 Agriculture Policies
1.
The
uses permitted in the Agriculture designation shall be permitted, provided that
the agricultural uses shall comply with the Land Use Compatibility
section of this Plan.
3.7.4 Residential Policies
1.
Permitted
residential uses shall generally be restricted to single dwellings developed on
the basis of one dwelling per lot.
2.
Rural
lands are intended for low density residential development that complements the
character of the rural environment. Where appropriate, however, such as in the
case of infill development or development located immediately adjacent to lands
designated Village and Hamlet or on the peripheral areas of Smiths Falls,
consideration may be given to permitting somewhat higher density residential
development than is generally contemplated for the Rural designation, subject
to addressing the policies of the Ground Water Supply, Sewage Disposal and
Other Services section of this Plan.
3. The
scale of development in the Rural designation is intended to be limited and no
more than 40 lots may be registered in a plan of subdivision, Any proposal to
register a plan for more than 40 dwelling lots shall require an Official Plan
amendment to establish a Special Exception Area. In considering such
amendment, the Township shall require that it be demonstrated that, on the
basis of the supply and type of existing residential lots in the Township,
there is a need for the proposed development and that it would be appropriate
in the context of the location proposed.
4. Land
division for the creation of residential lots may take place through both the
consent and subdivision process in accordance with the Land Division
section of this Plan.
5. Residential
uses shall be placed in an appropriate zoning category in the Zoning By-law.
3.7.5 Commercial Policies
1.
General
Commercial Policies
1.
A
variety of commercial uses including locally-oriented, rurally-oriented and
highway commercial uses shall be permitted. These commercial uses are engaged
in the buying and selling of goods and services primarily to area residents,
farms, businesses and the travelling public. Among other uses, permitted uses
shall include automobile sales and service, gas bars, hotels, motels, eating
establishments, retail uses, business and professional offices, service shops
and farm-related commercial uses. In addition, small-scale businesses engaged
in the custom production of articles such as artists’ or artisans’ studios
shall be permitted. An accessory dwelling for the owner or operator shall be
permitted.
2.
Commercial
uses must be appropriate for the proposed location.
3.
Vehicular
access to commercial uses shall be carefully controlled in terms of the design
and numbers of access points in order to ensure public safety.
4.
Adequate
off-street parking, loading and other facilities shall be provided.
5.
Where
commercial uses abut residential or other sensitive land uses, adequate
buffering through setbacks or screening shall be required.
6.
The
outdoor storage of goods and materials will be strictly controlled.
7.
Commercial
uses shall generally be permitted by amendment to the Zoning By-law. As a
rule, new general commercial uses shall not be permitted on lands located
within 1 kilometre of the Village of Westport.
2. Tourist
Commercial Policies
1.
Tourist
commercial uses shall include the full range of uses that cater primarily to
the tourist trade or recreational needs. Permitted uses shall include all
types of tourist lodging facilities such as hotels, motels, resorts, rental
cottages and campgrounds, summer camps, clubs, places of entertainment, and
recreational facilities such as golf courses, hunt camps, sports and recreation
areas and facilities, parks and marinas. Buildings, structures or sites of
historic interest, uses such as museums and related facilities are also
permitted. An accessory dwelling for the owner or operator of a tourist
commercial use shall also be permitted.
2.
Tourist
commercial uses must be appropriate for the proposed location. In this regard,
uses shall be located so that they are readily accessible to tourist traffic
with a minimum of disruption to adjacent residential uses.
3.
Vehicular
access to tourist commercial uses shall be carefully controlled in terms of the
design and numbers of access points in order to ensure public safety.
4.
Adequate
off-street parking, loading and other facilities shall be provided.
5.
Where
tourist commercial uses abut residential or other sensitive land uses, adequate
buffering through setbacks or screening shall be required.
6.
In
reviewing applications for tourist commercial development, regard shall be
given to the protection of cultural and natural heritage features. In
particular, efforts shall be made to integrate waterfront tourist commercial
uses with the shoreline environment so as to minimize visual and other impacts,
in accordance with the Environmentally-Sensitive Development section of
this Plan.
7.
Where
applications for tourist commercial development involve significant boat
docking facilities such as those associated with marinas and large resorts, the
preparation of a boat impact assessment shall be required to evaluate the
suitability of the site and its land/water environs for docking or mooring
facilities and associated boat traffic.
8.
Tourist
commercial uses shall generally be permitted by amendment to the Zoning
By-law. As a rule, new tourist commercial uses shall not be permitted on lands
located within 1 kilometre of the Village of Westport.
3.7.6 Industrial Policies
1. Permitted industrial uses
shall be those which are oriented to the rural economy, such as those which use
local resources or serve local businesses and residents such as sawmills,
feedmills, agricultural processing facilities, open storage, warehousing, farm
service businesses, builders’ supply yards, bulk storage yards, contractors’
yards, transportation terminals and similar uses. An accessory dwelling for
the owner or operator of an industrial use may also be permitted, where
compatible .
2.
In
order to address potential land use conflicts between industrial and other
uses, industrial development shall comply with the Land Use Compatibility
section of this Plan.
3.
Adequate
off-street loading facilities and employee parking and other facilities shall
be provided.
4.
Outdoor
storage areas shall be adequately buffered from adjacent roads and properties.
5.
Vehicular
access to industrial uses shall be carefully controlled in terms of the design
and numbers of access points in order to ensure public safety. Particular
regard shall be had to the needs of truck traffic.
6.
Industrial
uses shall generally be permitted by amendment to the Zoning By-law.
3.7.7 Mobile Home Parks Policies
1.
A
mobile home park is a property developed for the placement of mobile homes on
permanent foundations. Mobile home parks, including uses which are incidental
to a mobile home park such as a park management office, accessory commercial
uses such as a convenience store, recreational facilities, a laundromat,
storage facilities and other similar uses may be permitted.
2.
Mobile
home parks may be developed for ownership either as a single entity or on a
freehold basis.
3.
Where
a mobile home park is owned as a single entity, ownership and maintenance of
the roads, operation and maintenance of servicing systems, snow ploughing,
waste collection, landscaping and other amenities and services shall rest with
the owner of the park.
4.
Sewer
and water services shall be provided to the satisfaction of the Township and
the relevant approval authorities for such services. Notwithstanding the
policies contained in the Groundwater Supply, Sewage Disposal and Other
Services section of this Plan, the Township will not approve the
development of any mobile home park on the basis of communal sewage and/or
water services.
5.
Internal
roads will be constructed to Township standards.
6.
All
mobile home sites will have frontage on an internal road.
7.
Where
the park is to be owned as a single entity, development will take place in
accordance with a site plan approved by the Township. Where the park is to be
owned on a freehold basis, development will take place by plan of subdivision.
8.
Lot
area, density, site size, yard and parking requirements and other matters shall
be regulated through the implementing Zoning By-law.
9.
A
minimum of 5% of the total area of the park should be provided in a
consolidated form for recreational purposes.
10.
The
establishment of any new mobile home park shall require an amendment to the
Official Plan to a Special Exception Area, as well as an amendment to the Zoning
By-law. In considering such amendments, the Township shall have regard to the
following criteria:
1.
The
compatibility of the proposed park with existing land uses and designations of
the surrounding area;
2.
The
park shall have frontage on a public road which is of a suitable standard of
construction, and any access to the public road shall be located so as not to
create a safety hazard;
3.
The
suitability of the proposed site with respect to servicing considerations, and
the implications for the Township in terms of potential responsibility for
services; and
4.
The
adequacy of the layout of the park in relation to aesthetic, functional and
other matters, as reflected in the proposed site plan or plan of subdivision.
3.7.8 Waste Disposal Sites
Policies
1.
Waste
disposal sites shall be restricted to existing closed or open waste or sanitary
landfill sites as identified on the Schedules. Ancillary uses such as
recycling depots and transfer stations shall also be permitted. Disposal of
liquid industrial, radioactive or toxic waste shall not be permitted.
2.
Waste
disposal sites shall be operated and maintained in accordance with the
standards set by the Ministry of the Environment.
3.
No
use shall be made of land used as a waste disposal site for a period of 25 years
from the year in which the waste disposal use ceased without the approval of
the Ministry of the Environment.
4.
Development
of lands adjacent to a closed or open waste disposal site shall be subject to
the Land Use Compatibility section of this Plan.
5.
The
establishment of any new waste disposal site shall require an amendment to the
Official Plan to a Special Exception Area, as well as an amendment to the
Zoning By-law.
3.7.9 Wrecking Yards Policies
1.
Wrecking
yards are industrial facilities where derelict, discarded, abandoned or
inoperative motor vehicles and/or other goods, wares, merchandise or articles
are stored wholly or partly in the open. Wrecking yards shall be restricted to
existing facilities, and may include an accessory dwelling for the owner or
operator.
2.
Wrecking
yards shall be adequately screened on all sides so that no portion of the
operation, including the storage areas, are visible from a public road.
3.
Wrecking
yards shall not cause or contribute to the contamination of any ground or surface
water.
4.
The
establishment of any new wrecking yard shall require an amendment to the
Official Plan to a Special Exception Area, as well as an amendment to the
Zoning By-law. Among other matters, the Township shall consider:
1.
The
compatibility of the proposed wrecking yard with existing land uses and
designations of the surrounding area. In this regard, the policies of the Land
Use Compatibility section of this Plan shall apply.
2.
The
suitability of the proposed site with respect to environmental considerations.
3.
The
layout of the wrecking yard in relation to screening, buffering, functional and
other matters as reflected in the proposed site plan.
3.7.10 Special
Exception Areas
(Reserved)
3.8 VILLAGE AND HAMLET
3.8.1 Intent of the Designation
The
communities and settlement areas designated Village and Hamlet include
Chaffey’s Lock, Chantry, Crosby, Delta, Elgin, Forfar, Harlem, Jones Falls,
Lombardy, Morton, Newboro, Newboyne, Philipsville, Plum Hollow, Portland and
Rideau Ferry. These communities have historically provided, to varying
degrees, a mix of local retail, service and social-cultural and residential
opportunities for the community. Village and Hamlet areas have played a
long-standing and important role in accommodating the day-to-day needs of the
farm and rural communities, as well as recreational uses. Some communities,
such as Newboro and Portland, have also played a relatively strong role in
providing food, accommodation and other services and commodities for tourists.
The Township intends that this role continue and expand, particularly in
relation to recreation and tourism-related functions.
The
Township also seeks to encourage more concentrated development in the Village
and Hamlet designation than would typically be found or permitted within the
Rural designation, subject to servicing constraints. The amount and type of
development permitted will, however, be consistent with the maintenance of the
character of Village and Hamlet lands.
The boundaries of the Village and Hamlet
designation are intended to include some allowance for new development to
occur.
3.8.2 Permitted Uses
Permitted
uses within the Village and Hamlet designation may include residential, general
commercial, tourist commercial and limited industrial uses, subject to the
following use-specific policies.
3.8.3 Residential Policies
1.
A
variety of residential uses, ranging from single-detached dwellings to multiple
unit dwellings and including dwellings units within non-residential buildings
may be permitted, subject to the completion of hydrogeological, terrain
analysis and impact assessment reports in relation to more intense development
forms. Such studies will be to the satisfaction of the relevant approval
authority for sewage and water services.
2.
Residential
development may take place either along a main road serving the hamlet or by a
plan of subdivision for lands behind existing development fronting on such
road.
3.
New
development shall be encouraged to take place as a logical extension of
existing development.
4.
Land
division for the creation of residential lots may take place through both the
consent and subdivision process in accordance with the Land Division
section of this Plan.
5.
Residential
uses shall be zoned with an appropriate zoning category in the Zoning By-law.
3.8.4 Commercial Policies
1.
General
Commercial and Tourist Commercial uses permitted in the Rural designation may
be permitted.
2.
Commercial
uses, particularly those of a Tourist Commercial nature, shall be encouraged to
concentrate in groupings along the main roads.
3.
Through
the means of the Zoning By-law and Site Plan Control, regard shall be had to
aesthetic, functional, safety and land use compatibility considerations.
Special zoning and/or site plan requirements may be applied where commercial
development would abut residential uses.
4.
Open
storage shall not generally be permitted.
3.8.5 Industrial Policies
1.
In
general, industrial uses shall not be permitted in the Village and Hamlet
designation. Small-scale light industrial uses such as a tradesperson’s
workshop may be permitted, subject to an amendment to the Zoning By-law.
2.
No
industrial use shall be permitted that would create a nuisance by way of noise,
illumination, odour, dust, vibration, fumes or smoke. In this regard, the
policies of the Land Use Compatibility section of this Plan shall apply.
3.
Industrial
uses shall be encouraged to locate along a main road on the periphery of the
hamlet.
4.
Through
the mechanisms of the Zoning By-law and Site Plan Control, regard shall be had
to aesthetic, functional, safety and land use compatibility considerations.
Special zoning and/or site plan requirements may be applied where industrial
development would abut residential uses.
5.
Open
storage shall not generally be permitted.
3.8.6 Special
Exception Areas
(Reserved)
SECTION 4 TRANSPORTATION
4.1 GENERAL
This
Section establishes the general transportation policies for the Township. A
safe, convenient and functional road n
